Image via Wikimedia Commons
Image via Wikimedia Commons
It’s one of the most contentious topics on the peripherals of the South African discourse. But the “apartheid flag” – used during the racist regime which governed Mzansi for almost 50 years in the 21st-century – could soon be ‘banned from public use’. The Equality Court has a big decision on their hands this Wednesday.
Judgment on the "Apartheid Flag" case will be delivered tomorrow morning at the Johannesburg South High Court, court room 11F at 10h00. You are invited to come and support this historic judgment! #MoreThanAFlag pic.twitter.com/1jQ60O4ADK
— NelsonMandela (@NelsonMandela) August 20, 2019
What the courts must consider
They will be asked to rule whether displaying the controversial icon in any form is enough to constitute hate speech. Critics say that it represents an era of cruel, tortorous treatment towards people of colour in South Africa. But, should it be decided that the flag is indeed harmful to others, it wouldn’t be completely outlawed.
It’s understood that the apartheid flag would still be allowed on display if it serves to “inform and educate” an audience. So it’s most likely the design would live on in museums and areas of historical interest. But how exactly did we get to this point? We can explain…
Apartheid flag on trial – what you need to know:
Who is taking the issue to court?
This is a joint-bid launched by both the Nelson Mandela Foundation (NMF) and the South African Human Rights Commission (SAHRC). Both have been extremely critical of those who continue to display the apartheid flag, and there have been a number of high-profile cases in the last few years.
The pair also state that the display represents “unfair discrimination and harassment based on race”.
What sparked the legal action?
The Black Monday protests, which flared-up in October 2017, will live long in infamy. What started out as an impassioned plea to take action against a rise in farm murders descended into open displays of the apartheid flag, and in some cases, defences of the regime itself. This public support ended up forcing lobby groups to file hate speech charges.
The arguments to keep the apartheid flag flying
There are two sides to every story, no matter what. AfriForum have proved to be the biggest defenders of the apartheid flag, and although they have condemned those who display it publicly, Deputy CEO Ernst Roets has previously argued that keeping the icon is an expression of free speech, which must not be conflated with hatred.
