SCA throws out apartheid flag hate speech case

SCA throws out apartheid flag hate speech case

AfriForum says it's considering its next steps after it lost its bid in the Supreme Court of Appeal to have a ruling that declared the gratuitous display of the old flag as hate speech.

AfriForum tells SCA ban on old flag amounts to censorship
Twitter: @afriforum

The Nelson Mandela Foundation approached the Equality Court in 2019, seeking a declaratory order, arguing the flag amounted to a crime against humanity.


Afriforum's argument leaned on freedom of expression.


The civil rights organisation's Ernst van Zyl says they are consulting its legal team following Friday's SCA decision.


He says freedom of expression as a right has become watered down in South Africa, adding it's the victim of what it calls ridiculous double standards.


"AfriForum's position in this old flag case does not mean that the organisation displays the flag or that we will not strongly oppose genuine hate speech, which is the propagation of hatred against a group of people based on their identity and when the statement contains an incitement to cause harm. 


"We are entering very chaotic and dangerous waters when the law can be wielded to attempt to protect people from feelings of offence alone."

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