AfriForum is heading to the Supreme Court of Appeals to overturn the 2019 ruling banning the display of the old South African flag.
In 2019, Deputy Judge President Phineas Mojapelo declared the “gratuitous display” of the flag to be hate speech, unfair discrimination and harassment.
The case was brought by the Nelson Mandela Foundation following a “Black Monday” march against farm murders in 2017 at which the flag was exhibited.
In the heads of arguments, AfriForum acknowledges the flag has the capacity to cause “offence and emotional distress”.
The organisation said it has “no particular love for the flag or what it may represent”.
But it argues the wide-reaching ban is “an unconstitutional infringement of the rights to freedom of expression, assembly, dignity and privacy;” and that it could “set off a series of unintended consequences” including driving “hateful views underground where they cannot be monitored”.
The organisation’s position is that the best remedy for offensive speech is engaging with those who are guilty of it, without using “the strong arm of the law”.
The National Treasury Should Do More To Alleviate Household Costs Of Loadshedding
Eskom Concedes That Outrage Over Power Cuts Warranted
Electricity Minister To Visit All Power Stations
Over 500 Arrested Nationwide During Protest Action
Malema Rubbishes Concerns That EFF Nationwide Protest Will Turn Violent
Santaco Says Taxi Industry Will Operate As Normal
Government Ready To Deal With Any Eventuality
Nersa Sticks By 18.65% Tariff Increase
Anarchy Will Not Be Allowed In SA – Ramaphosa
It’s Anarchy Of The Highest Order – Mbalula
Cape Town Stockpiling Diesel For Winter
ANC Is Not Corrupt – Mbalula