Court must decide if display of old SA flag is hate speech

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Afriforum defends use of apartheid-era symbol while the Mandela Foundation says its display is both offensive and unconstitutional

The Nelson Mandela Foundation asked for the display of the apartheid-era flag to be banned, following its use during a Black Monday protest against farm murders in 2017.Should the gratuitous display of the apartheid-era flag be considered hate speech?

At issue is the definition of hate speech in Section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act , which only restricts the type of expression which may constitute hate speech to “words” only. Counsel for the foundation, Tembeka Ngcukaitobi, asked the court to balance the right to freedom of expression against the right to equality and human dignity.What triggered the application by the foundation was the display at the “Black Monday” marches organised by AfrForum to protest against farm murders in October 2017.

“When regard is had to the purpose for which the Equality Act was enacted ‘speech’ must be widely interpreted to mean all forms of expression of ideas; it is not limited to verbal presentations,” Trengove said. Oppenheimer said the relief sought by the foundation did not relate to unfair discrimination, hate speech or harassment which had already taken place, as Section 21 of the Act demanded.

 

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Let’s be honest. Who cares about what flag you fly. I reckon let’s fly the Pirate 🏴‍☠️ flag! All this connection to the past, resistance to the future. Who gives a toss? Create jobs and prosperity and screw the rest

Why don’t we skip the courts and go straight to the civil war ....

Dubula ibhunu

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AfriForum to oppose NMF court bid to have old flag declared hate speech | IOL NewsThe Equality Court will on Monday morning hear an application by the Nelson Mandela Foundation to have the old apartheid ... DailyNewsSA FF+ is not oppossing this , why ? No surprises here. Next How is the old flag hate speech?
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Old SA flag a symbol of racial exclusion – Nelson Mandela FoundationAdvocate Wim Trengove SC for the Human Rights Commission argued public displays of the flag represented a nostalgia for the old South Africa.
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