Nelson Mandela Foundation CEO Sello Hatang speaks to the press Wednesday on the steps of the Johannesburg High Court.
During the ruling, Judge Phineas Mojapelo said any gratuitous display of the old flag was "racist and discriminatory".
Judge President Phineas Mojapelo.
On Wednesday, the Equality Court ruled that the old flag is "a symbol that immortalizes the period of a system of racial segregation, racial oppression through apartheid, and of South Africa as an worldwide pariah state that dehumanized the black population". However, they will be subject to community service and fines for displaying the flag, which had sometimes been exhibited by far right-wing and conservative groups at political gatherings and at rugby matches. We should not poison the future with the gratuitous display of the flag.
Despite the Equality Court handing down critical judgment that declared the apartheid flag as hate speech, questions remain about how the law will be applied.
The judge said the ruling did not translate to a total ban, but said it was a prohibition from displaying the old flag gratuitously. "They choose oppression over liberation". "The case relates to a 2017 demonstration against attacks and killings of farmers where the so-called 'Apartheid Flag" was displayed.Читайте также: Chelsea supporters ecstatic as Hudson-Odoi returns to training
He ruled in favour of the Nelson Mandela Foundation, supported by the South African Human Rights Commission and the Ahmed Kathrada Foundation.
Opponents, including the groups Afriforum and the Federation for Afrikaans Cultural Societies, who lobby on behalf of South Africa's white Afrikaner minority, said the ruling corroded free speech.
"We have no other home but this home, and we might as well make it work for all of us; and [the new flag] is the only flag that we recognise, and we should all be proud of it instead of using flags that are about pain", he said.
The African National Congress acting spokesperson Dakota Legoete said the judgment is a victory for all who want unity in the country. He said the ruling as similar to the banning of the Nazi swastika in Germany.
Given the flag's adoption by a whites-only parliament and its six decades of symbolizing the apartheid era, the court said, "It is thus, not surprisingly, viewed differently even today by mostly white people on the one hand and black people on the other".
"It's not in our interests as the Nelson Mandela Foundation to now suddenly find people being imprisoned for that".
"Simply displaying it, in our view, is not sufficient for it to be hate speech", AfriForum Head of Policy and Action Ernst Roets said after the court released its decision. "It constitutes hate speech", he said.При любом использовании материалов сайта и дочерних проектов, гиперссылка на обязательна.
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