The 1928 flag. Image: Twitter/@ali_naka.
AfriForum loses its appeal and fight to display the ‘apartheid flag’
AfriForum has constantly framed the ban on displaying the apartheid flag as an attack to freedom of speech.
The 1928 flag. Image: Twitter/@ali_naka.
Lobby group, AfriForum has lost its appeal in the case regarding the display of the apartheid flag.
AfriForum launched the controversial appeal in the Supreme Court and argued that displaying the old apartheid flag of South Africa did not constitute hate speech.
BACKGROUND ON AFRIFORUM’S COURT BID
The Supreme Court of Appeal in Bloemfontein unanimously found that it is hate speech, unfair race discrimination and harassment in terms of the Equality Act to publicly display the Old South African flag.
In 2019, the Equality Court in Johannesburg ruled that the display of the old South African flag both in public and private spaces has been prohibited. The exception is where the old flag is displayed for “genuine artistic, academic or journalistic expression in the public interest”.
The court found that the constitutional right to freedom of expression “does not extend to” advocacy of hatred based on race. Because the display of the old flag amounts to hate speech, it is not constitutionally protected speech. AfriForum then approached the Supreme Court to appeal the ruling.
ALSO READ: Huge backlash as AfriForum fight for the right ‘to display apartheid flag’
WHERE TO FROM HERE?
AfriForum Campaign Officer for Strategy and Content Ernst van Zyl said freedom of expression as a right has unfortunately become watered down in South Africa.
Van Zyl said it is a principle that has become the victim of ridiculous double standards and the future consequences will likely be dire.
“AfriForum’s position in this old flag case does not mean that the organisation displays the flag or that we will not strongly oppose genuine hate speech, which is the propagation of hatred against a group of people based on their identity and when the statement contains an incitement to cause harm. We are entering very chaotic and dangerous waters when the law can be wielded to attempt to protect people from feelings of offence alone.”
ALSO READ: ‘I’m going to defeat you again white boys’: Malema to AfriForum
