Africa Insiders Newsletter #75  | South Africa's current flag, Port Elizabeth, Eastern Cape, South Africa. Photo by Flowcomm | | The essentials: South Africa's Equality Court has banned unjustified flying of the country's apartheid-era flag unless for academic, art and journalistic purposes. Offenders will not face a jail term, the court said on Wednesday but will be subject to fines and hours of community service. Judge Phineas Mojapelo who ruled on the case in Johannesburg said exhibiting the flag constitutes hate speech - an offence under the Equality Act - and "promotes and propagates hatred against black people."
Think this is interesting? Why not forward to a friend?
The background: The landmark ruling was the result of Nelson Mandela's Foundation Trust petitioning the court back in 2017 after white farmers displayed the old flag at 'Black Monday' marches: Demonstrations against the killing of white farmers.
Known in Afrikaans as the 'Orange, Blanje, Blou' for its orange, blue and white stripes, the old flag was adopted by an all-white parliament twenty years before apartheid rule. As it flew, black South Africans were violently subjugated by a white minority, in events that are now widely acknowledged as crimes against humanity. Although the flag was replaced by the present 6-colour flag at the end of apartheid rule, it remains a symbol of hate and division in the country.
Afrikaner groups that opposed to the ruling, including members of AfriForum, the lobby group that organised the 'Black Monday' protests, argued that the flag cannot technically constitute hate speech because it's not a word. They submitted that the flag is a national heritage should not be banned. But the majority see the flag's exhibition by Afrikaner nationalist groups as a nod to the oppression of black people. CEO of the Nelson Mandela Trust, Sello Hatang recounted childhood memories during apartheid in his submission to the court. He explained that for him and many others, "the old flag represents the inhumane system of racial segregation and subjugation that governed SA before 27 April 1994".
The good: It's a symbolic victory for black South Africans who, decades after apartheid, remain economically disadvantaged. As the Nelson Mandela Foundation tweeted after the court's decision, this is a win for South Africa's democracy and a win for all South Africans.
The bad: Although Judge Mojapelo ruled that 'words' may mean non-verbal expressions, those opposed to the ruling will find other ways to exploit loopholes in the ban: Just moments after the ruling, AfriForum's deputy president Ernst Roets tweeted a photo of the flag and captioned it 'Am I committing hate speech?' Roets, who now faces contempt of court proceedings, defended the tweet on grounds of him being a researcher.
The future: Judge Mojapelo, in his judgement, hopes that groups on either side of the argument can work together for the country's unity. Considering Roets' actions after the ruling, that may not be likely. Discuss with @Shollytupe on Twitter | | Read in the full African Insiders' Newsletter: The follow up: In Uganda, Huawei's watching you Continental health corner: Polio-free Africa Tweet of the week: One unidentified leader
Election Watch: Results from Mauritania and Madagascar
Links of the week: Everything Africa-related, that is worth your time and attention
For access to the full newsletter, become a paying subscriber: | | | Click here if you are a student or have otherwise limited income to request our discounted $2/month or $20/year subscription. If you have any questions, just reply to this email. | | The Africa Insiders' Newsletter is a collaboration between AfricanArguments.org and @PeterDoerrie, with contributions from @_andrew_green and @Shollytupe and assistance from Stella Nantongo. Part of the subscription revenue is funding in-depth and freely accessible reporting and analysis on African Arguments. | | | | |
--
Disclaimer:Everyone posting to this Forum bears the sole responsibility for any legal consequences of his or her postings, and hence statements and facts must be presented responsibly. Your continued membership signifies that you agree to this disclaimer and pledge to abide by our Rules and Guidelines.To unsubscribe from this group, send email to: ugandans-at-heart+unsubscribe@googlegroups.com
---
You received this message because you are subscribed to the Google Groups "Ugandans at Heart (UAH) Community" group.
To unsubscribe from this group and stop receiving emails from it, send an email to
ugandans-at-heart+unsubscribe@googlegroups.com.
To view this discussion on the web visit
https://groups.google.com/d/msgid/ugandans-at-heart/CAMs%3D6-xtd%2B5SE2a0AAXbU9%2Bz2o5QWuabg4TG_iB%3DdKq1VM__BQ%40mail.gmail.com.
{UAH} WHAT A VERY STUPID DEMOCRATS DEBATE !!!!! -> Gee'eeZ !!!!!!!!!!!!!!!!!!!!!!!!
0 comments:
Post a Comment