WATCH | Mzansi on old SA flag ruling: 'It doesn't erase racial hatred'
There has been mixed reaction to the equality court ruling that the gratuitous display of the old South African flag constitutes hate speech.
The ruling was passed down on Wednesday when the court considered the matter brought by the Nelson Mandela Foundation and the SA Human Rights Commission.
LISTEN | SA torn over banning of Apartheid-era flag
Delivering the ruling, Judge President Phineas Mojapelo said that displaying the flag was both racist and discriminatory
“Those who display the old flag consciously and deliberately choose not to display the new democratic, all-uniting, nonracial flag. They choose oppression over liberating symbols. They intend to insult and awaken feelings of white supremacy,” he said.
He said displays of the flag were offensive not only to black people but to members of the LGBT+ community, and that its display could fairly be seen as a message propagating hatred and hurtfulness.
Mojapelo added that he believed the display of the flag was an insult to ubuntu.
“The Constitutional Court has time and again emphasised the importance of historical context when considering human dignity, especially the history of racialised inequality in SA, a unique attribute of which was the denial of human dignity to black South Africans,” he said.
After the news broke, Mzansi took to social media to express their views on the ruling.
Here is a snapshot of some of the mixed reactions:
ON THE SUBJECT OF FLAGS (well, sort of): Did the new one usher in the age of free speech in SA, or did we also 'enjoy' that under the old one? Would social media have been banned had it existed under the old flag? Just wondering out loud ... pic.twitter.com/Jc0AwWQiKs
— Pam Saxby (of Legalbrief Policy Watch notoriety) (@SaxbyPam) August 21, 2019
I, for one, will sing Die Stem instead of Nkosi Sikilel’ iAfrika and wave the old SA flag instead of the rag that looks like Winnie Mandela’s G-string.https://t.co/x5NR3B7zOl
— Deplorable Deni 🇳🇱🇿🇦🇺🇸 (@Deni707) August 21, 2019
So basically Afriforum is saying that showing the apartheid flag is a freedom of speech?
— MaComeBack 🍥 (@BlackBeatSA) August 21, 2019
Someone balance me real quick, is reminding black people about apartheid through the old flag another form of freedom??? pic.twitter.com/tvVRaOg3Fv
#ApartheidFlag Now that Equality Court concludes that the gratuitous display of the old national flag of SA constitutes hate speech, unfair discrimination, harassment....I think we can have a conversation about #DieStem!!!!
— Luckeez Mfowethu (@Luckeez) August 21, 2019
The use of the Apartheid flag (i.e. old SA flag) constitutes hate speech. Flag may only be used in instances of genuine artistic display. #ApartheidFlagSucks @afriforum: 0 #Justice: 1
— Yuri Ramkissoon (@YRamkissoon) August 21, 2019
The old #ApartheidFlag doesn't erase racial hatred, white supremacy, apartheid & segregation. Why can't we build #SA which belongs to all of us, by burying the past #OLDSAFLAG respecting the existence of Black people. #Ubuntu#SayNoToRacism #NewzroomAfrika#HighCourt#Mojapelo
— Perry Rakoma (@mapudi) August 21, 2019
The old SA flag? It represents a dispicable period in our history. It's racist, embarrassing, provocative, hurtful, demeaning, divisive & undignified. It should never ever be allowed in public. Keep it behind closed doors in your home away from everyone if you must. #oldflag
— Gavin Koppel (@GavinKoppel1) August 21, 2019
#OldSAFlag judgment thus far can tell this flag should be drown to the bins and never been displayed in public. AFRIRORUM shows lack of history as how other symbols eminated and what they represents
— #Mtimande (@goddat) August 21, 2019