The Star Early Edition

AfriForum criticises bid to criminalis­e old flag

It is mulling action against the Nelson Mandela Foundation

- LINDILE SIFILE @lindilesif­ile

AFRIFORUM will consider taking action against the Nelson Mandela Foundation court applicatio­n to have the displaying of the old South African flag criminalis­ed.

AfriForum chief executive Kallie Kriel said although they were against the display of the flag, they felt that criminalis­ing it would be going a step too far.

“We don’t use the flag at any of our events and we are not in support of it, but banning it would be against freedom of speech and would make South Africa look like a police state. We won’t take a decision to challenge the court applicatio­n today, but it is something we will consider,” said Kriel.

The foundation made the applicatio­n earlier this week in the hope that the court would agree with them that the “gratuitous” display of the old flag constitute­d unfair discrimina­tion, hate speech and harassment. The foundation said such a declaratio­n would establish a basis for holding people accountabl­e.

The foundation said the decision for the applicatio­n came after intense consultati­on with various groups, including AfriForum, whose members were heavily criticised for displaying the flag during the Black Monday march last year against farm murders.

Kriel, however, said his organisati­on was never consulted.

The foundation’s chief executive, Sello Hatang, said the decision to launch the 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. Displays of the old flag at demonstrat­ions against farm murders on Black Monday, October 30, 2017 where at least two were verified, persuaded us that the time had come to act,” Hatang said.

He pointed out that the foundation had a deep appreciati­on for the importance of history and memory, especially in a country like South African that was still healing, as well as the right to freedom of expression, as enshrined in the constituti­on.

“The very vision for which the foundation was establishe­d is a society that remembers its past and listens to all its voices, but also one that pursues social justice,” Hatang added.

“The old flag is undeniably a part of our history, but that is where it belongs: in museums, documentar­ies and cathartic creative works.”

Hatang said courts had been used in other countries with a painful past, like Germany,

It will make SA look like a police state, says activist body

to discourage people from displaying Nazi symbols.

“The foundation is not pressing for criminalis­ation in relation to gratuitous displays of apartheid symbols. Instead, we are using the law to discourage their use.

“The Promotion of Equality and Prevention of Unfair Discrimina­tion Act (Equality Act), passed in 2000, empowers the equality courts to fashion appropriat­e remedies for behaviour that undermines equality and human dignity, such as apologies, community service and sensitivit­y training,” added Hatang.

 ?? PICTURE: ANTOINE DE RAS/AFRICAN NEWS A GENCY (ANA) ARCHIVES PICTURE: CHRIS COLLINGRID­GE/AFRICAN NEWSAGENCY (ANA) ARCHIVES ?? ‘IT’S GOING TOO FAR’: AfriForum chief executive Kallie Kriel says it will erode freedom of speech. ‘PAINFUL REMINDER’: Nelson Mandela Foundation chief executive Sello Hatang has filed a court bid.
PICTURE: ANTOINE DE RAS/AFRICAN NEWS A GENCY (ANA) ARCHIVES PICTURE: CHRIS COLLINGRID­GE/AFRICAN NEWSAGENCY (ANA) ARCHIVES ‘IT’S GOING TOO FAR’: AfriForum chief executive Kallie Kriel says it will erode freedom of speech. ‘PAINFUL REMINDER’: Nelson Mandela Foundation chief executive Sello Hatang has filed a court bid.

Newspapers in English

Newspapers from South Africa