AfriForum appeals Equality Court’s ruling over old South African flag
3 December 2019
During a media conference in Centurion today, AfriForum gave reasons why the civil rights organisation is appealing the ruling by the Equality Court that the display of the 1928 flag (the old South African flag) is hate speech. The different parties’ court documents were also introduced during the conference.
Kallie Kriel, Chief Executive AfriForum, says that AfriForum strongly supports freedom of speech, but at the same time believes that genuine hate speech should be opposed. According to the provisions of the South African Constitution, the fact that some people find the old flag offensive is not sufficient reason for it to be declared as hate speech.
“AfriForum’s view has always been that hate speech takes place when hate against a group of people is propagated based on their identity (for instance their race, ethnicity, gender orientation or religion) and when the statement in this regard is combined with an incitement to cause the group harm. The recent ruling in the Supreme Court of Appeal in the case of Qwelane vs the South African Human Rights Commission, confirms this position. We believe this to be a correct interpretation of the Constitution’s provisions about hate speech.”
According to Ernst Roets, AfriForum’s Head of Policy and Action, the organisation believes that the Supreme Court of Appeal’s decision will strengthen AfriForum’s case without having a negative effect on other hate speech cases in which AfriForum is involved, as those cases are based on incitement and not simply on offensive statements.