SAHRC Welcomes Judgement of the Equality Court on Old Flag, Concerned by Ongoing Hate Speech Violations
21 August 2019
The South African Human Rights Commission (the SAHRC or Commission) welcomes the judgement of the High Court of South Africa (Gauteng Division, Johannesburg) in the matter between Nelson Mandela Foundation Trust, The SAHRC (as the first and the second Applicants, respectively), the Respondents and Amicus Curiae. Judgement was heard on Wednesday, the 21st August 2019.
The Applicants sought an order, amongst others, declaring that any display of the old South African flag that does not serve any genuine journalistic, academic or artistic purpose in the public interest constitutes as:
- Hate speech, under section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (Equality Act);
- Unfair discrimination, under section 7 of the Equality Act and