The court amended a similar ruling handed down by the Equality Court, which had also outlawed the display of the flag in private homes.
However, the court amended a similar ruling handed down by the Equality Court, which had also outlawed the display of the flag in private homes. The SCA said that issue had not been properly ventilated either in the Equality Court or in the appeal to the SCA, launched by Afriforum, and was best left to be determined if and when such an application was brought before a court.
This led to a complaint being lodged against Afriforum by the Nelson Mandela Foundation Trust with the Equality Court, sitting in the Johannesburg High Court.NMFT chief executive officer Sello Hatang testified that on the day of the protests he was giving tourists a guided tour of Robben Island. The display of the old flag brought painful memories of his childhood to mind, including when he was called the K-word by two white boys when he was ten years old.
In its application before the Equality Court, the NMFT said the flag served no genuine journalistic, academic or artistic purpose and it did nothing to advance social justice, national unity and human dignity. The Equality Court, however, ruled that the display of the old flag constituted hate speech, unfair discrimination and harassment.
‘The old flag is an awful reminder of the anguish suffered by millions of people under apartheid South Africa. Judge Schippers said the Constitutional Court had already ruled that racist conduct must be dealt with firmly.
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