JOHANNESBURG – The equality court will on Tuesday deliver judgment in the ‘Apartheid flag’ case.

The Nelson Mandela Foundation made an application to the court against the display of the old flag.

It says the display constitutes hate speech, unfair discrimination and harassment based on race.

WATCH: The NMF challenges displays of the apartheid flag

The foundation said it was not calling for the flag to be banned, but that it must only be displayed in public settings that are meant to inform and educate.

Lobby group AfriForum is challenging the move saying this will violate freedom of speech.

According to Nelson Mandela Foundation lawyer Tembeka Ngcukaitobi, displays of the flag are indications of racial superiority.

“The display of the flag from the perspective of the victims, it’s quite clear that its meaning is one of racial superiority and worse than that, racial domination,” said AfriForum’s Ernst Roets.

“While it is controversial and we as AfriForum do not display the flag, and actively discourage people from displaying the flag, we do believe that it is too much of a stretch to argue that it amounts to hate speech to display the flag,” he said.