Nelson Mandela Foundation: Meaning of old flag ‘understood’
The High Court in Johannesburg on Monday heard an application by the Nelson Mandela Foundation to have the public display of the apartheid flag banned.
The foundation, through its legal representative Advocate Thembeka Ngcukaitobi, argued that the flag is a symbol of racial discrimination and does not have any place in the new South Africa.
"What we know as a matter of pure historical fact is that when the apartheid flag was introduced it was done so in a white parliament. The native people of South Africa were consigned into a dustbin of non-citizens and they didn't count at the time. The so-called spirit of reconciliation that animated the flag is the spirit of reconciliation for the Dutch and the English, so that is the meaning of that flag as it was understood at that time."
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The foundation wants the flag to be considered a symbol of hate speech.
The South African Human Rights Commission, Joburg Pride and others agreed with the foundation.
Through its lawyer, Advocate Wim Trengrove, the commission said the flag perpetuates discrimination against black South Africans.
Advocate Mark Oppenheimer, representing AfriForum, told the court that in law hate speech is limited to words and not symbols.
He argued that the civil organisation acknowledges that the flag can be offensive, however, banning it would be undemocratic, as it would infringe on people's freedom of expression.
Oppenheimer added that banning the flag would set a precedent for the ban of other flags and symbols that cause harm instead of allowing tolerance for different views.