LIVE | Apartheid flag judgment

[Ponderer]

All flags must then be hate speech.

 

[Tabac]

"

Judge Mojapelo says the restriction of hate speech to words only would not achieve the purpose of the Equality Act "

Then Malema's face should be removed from all media.​

 

[konfab]

All flags must then be hate speech.

Except that of the communist party.

 

[daveza]

Judge Mojapelo says the restriction of hate speech to words only would not achieve the purpose of the Equality Act

Definition of speech

1a: the communication or expression of thoughts in spoken words



It's not rocket science ffs.

 

[Flanders]

Then Malema's face should be removed from all media.

Aaa, but he's just a boy!

 

[nightjar]

Only if you combine it with vellies and knee high socks.

You forgot the comb in the sock?

 

[SpiderGear]

You forgot the comb in the sock?

Crap, you are right!

 

[Cray]

He sure is laying out a detailed judgement and so far it makes sense to me. but it will ultimately be appealed to the Concourt

The problem I see is that he views the displaying the flag as only having one interpretation, people who display it must be" choosing oppression over liberation, they must be about "hatred".

The judge is making an assumption about what people are trying to express by displaying the flag without any proof that it is indeed the case. I can't stand the old flag but as something historic and something that precedes Apartheid a ban seems very wrong.

 

[zll]

What's with all the outrage here? Do people here actually have a sentimental attachment to the flag or what? I grew up during the 80s and I can understand the argument around why symbols associated with an oppressive system, while maybe not directly problematic, can be problematic by association.

Case in point: Germany and their banning of any Nazi related imagery such as the swastika, which has a long history of not being associated with white supremacists prior to being co-opted by the Nazi party

 

[Sabre]

They should declare the current flag as hate speech too ... it represents white oppression, grand theft and communism

 

[Fulcrum29]

The problem I see is that he views the displaying the flag as only having one interpretation, people who display it must be" choosing oppression over liberation, they must be about "hatred".

The judge is making an assumption about what people are trying to express by displaying the flag without any proof that it is indeed the case. I can't stand the old flag but as something historic and something that precedes Apartheid a ban seems very wrong.

As he put it to Afriforum,

Judge says that AfriForum's literal interpretation violates the Constitution in several respects

 

[Tabac]

"

Any gratuitous display of the old flag, demonstrates a clear intention to be hurtful, harmful and incites harm, promotes and incites hatred against black people in terms of the Equality Act, says judge "
But..... the pub where i and black people drink have this flag together with other flags on the wall. No one have ever been hurt in this pub because of the flag ?​

 

[Tabac]

Assumption is the mother of all fckups Judge.

 

[Lupus]

wtf... That flag was introduced 20 years before Apartheid??

 

[Fulcrum29]

People should remember that rulings like these are made in the public interest. Democratically… RET (amongst other policies) screwed it on that one.

This will be hate speech, and the ConCourt won’t disagree.

 

[Pitbull]

I'm actually happy to a degree.

The Flag constitutes hate speech, meaning it's only an issue if displayed publicly. You can still have it in your house, it's not banned.

Either way, stupid ruling.

 

[zll]

The problem I see is that he views the displaying the flag as only having one interpretation, people who display it must be" choosing oppression over liberation, they must be about "hatred".

The judge is making an assumption about what people are trying to express by displaying the flag without any proof that it is indeed the case. I can't stand the old flag but as something historic and something that precedes Apartheid a ban seems very wrong.

I would like to know what personal reasons an individual may have to display that flag that trumps NOT reminding people about the very real horrors they experienced during Apartheid.

If you want to keep that flag in your house where no brown people visit then that's another story, but if you were the type of person to display the old SA flag in public, I would understand why people would have beef.

 

[sox63]

The problem I see is that he views the displaying the flag as only having one interpretation, people who display it must be" choosing oppression over liberation, they must be about "hatred".

The judge is making an assumption about what people are trying to express by displaying the flag without any proof that it is indeed the case. I can't stand the old flag but as something historic and something that precedes Apartheid a ban seems very wrong.

I can see where you're coming from, but even Afriforum in their case agreed what it stood for in the past, so it's going to be really difficult coming back from that point...

AfriForum testified that during apartheid the flag was a symbol of the regime's power in an oppressive and racist system

 

[Tabac]

Before judgement is read

 

[thestaggy]

Lol apartheid flag. It predates apartheid by two decades.