Call for old SA flag to be banned

THE NELSON Mandela Foundation has approached the Equality Court seeking an order declaring that the public display of South Africa’s apartheid-era flag constitutes unfair discrimination, hate speech and harassment.

The court application was lodged on Wednesday. “The decision to launch this application comes after years of watching public displays of the old flag and hoping that such behaviour would stop.

“These displays demonstrably compound the pain experienced by millions of black South Africans who suffered under apartheid and continue to struggle under its legacy,” the foundation said.

The foundation said it had had numerous discussions with civil organisations, such as AfriForum, following the Black Monday march by the farming community last year, protesting against farm murders. The old flag was displayed at several demonstrations. “After extensive consultation and reflection following Black Monday, the foundation posed the question: ‘Is it time to criminalise displays of the old flag?’

“Through public debates with AfriForum… it became apparent that some South Africans do not fully appreciate that apartheid was a crime against humanity (as the UN declared in 1973) and that gratuitous displays of apartheid symbols, such as the old flag, are a celebration of that crime and a humiliation of its victims.

“During these debates, AfriForum conceded that displaying the old flag was ‘unwise’ as it ‘offends some people’, but argued that it should nevertheless not be ‘unlawful’, as it was a part of history and ‘you cannot ban history’.”

The foundation said it was not seeking the criminalisation of the flag, but wants to use the law to discourage public usage.