Forget the flag, case was really about the culture war waged by the ruling elite

15 September 2019 - 00:02 By ERNST ROETS

Legal commentators who analyse court judgments often run the risk of getting entangled in technical arguments to such an extent that they appear oblivious to the underlying dynamics of the case at hand. This is particularly true for political issues, and even more so when group dynamics are at play. However, the phenomenon is not limited to legal analyses, but also occurs in political commentary in general - especially in a diverse country such as SA. As a result, the reader misunderstands the real issues at hand.

I have heard that Dario Milo is an excellent lawyer, but I couldn't help but be reminded of this phenomenon while reading his and Lavanya Pillay's criticism of AfriForum's view on the 1928 South African flag. I was under the impression that at least Milo was a longstanding advocate of free expression. However, I was disappointed to learn that he has now also succumbed to the new notion that freedom of expression is worth eroding...

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