The Supreme Court of Appeal (SCA) in Bloemfontein will on Wednesday hear arguments by Afriforum in an attempt to legalise the display of the 1928 apartheid flag.
AfrifForum is appealing against the Equality Court order that ruled that gratuitous display of the old national flag constitutes hate speech, unfair discrimination, and harassment.
The order favoured the application by the Nelson Mandela Foundation that the display of the flag constitutes among others hate speech under the Promotion of Equality and Prevention of Unfair Discrimination Act.
The conflicting views on the flag:
The foundation argued that the flag is an unambiguous symbol of white supremacy. Legal expert Sekonyela Moeketsi weighed in on the matter.
“Judge Mojapelo looked at the history of the flag, how it was adopted in 1927 and implemented in 1928 that it was a flag that was adopted by minority and its application throughout the history was that which offended against the dignity of the majority. So, it was not a flag that brought unity that was intended to advance what the constitution or equality wants to advance.”