JOHANNESBURG - Bloemfontein’s Supreme Court of Appeal is on Wednesday set to hear a bid from AfriForum to overturn the Equality Court’s ruling declaring displays of the apartheid flag to be hate speech.
In 2019, Deputy Judge President Phineas Mojapelo declared the "gratuitous display" of the flag to be hate speech, unfair discrimination and harassment. The case was brought by the Nelson Mandela Foundation following a "Black Monday" march against farm murders in 2017 at which the flag was exhibited. In the heads of arguments, AfriForum acknowledges the flag has the capacity to cause “offence and emotional distress”.But it argues the wide-reaching ban is “an unconstitutional infringement of the rights to freedom of expression, assembly, dignity and privacy;” and that it could “set off a series of unintended consequences” including driving “hateful views underground where they cannot be monitored”.
The organisation’s position is that the best remedy for offensive speech is engaging with those who are guilty of it, without using “the strong arm of the law”.
Apartheid had a flag?
They must dismiss it with costs.
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Am I missing something? Free speech? What about that song?
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