South Africa: Court reserves judgement in apartheid flag saga By Bheki C. Simelane colibheki
Commission argue that the old flag is the most visible remaining symbol of apartheid and white supremacy, and its display was equivalent to hate speech, while Afriforum – while agreeing the flag should not be displayed – argued it should not be equated to hate speech.dge President Phineas Mojapelo.
He said from the material presented to the court so far, it seemed there was an acknowledgement that displaying of the apartheid flag causes distress. Currie said Afriforum was not advocating the hoisting of the flag, but for what might be lost to freedom of expression if it was outlawed.On the declaratory order sought by the foundation, Currie said it was simply too wide.We need to interpret what display entails,” said Currie. He said if there was no concern for the display of the flag, there should be no concern for the intention for which the flag was displayed.
Ngcukaitobi said it was important to regulate speech which would violate people’s dignity, and it was important to regulate acts which would promote hate speech.Hate speech is an expression of the most visible symbol of what it meant to be black under apartheid, what it meant to be white under apartheid.” He added thathis is a case of people who have resolved not to subject themselves to the laws of South Africa”.
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