Advocate Tembeka Ngcukaitobi representing Economic Freedom Fighters leader Julius Malema. Picture: Twitter
A non-profit organisation, the Nelson Mandela Foundation , argues that gratuitous displays of the apartheid-era South African flag should be legally considered hate speech. Ngcukaitobi argued in court that the display of the flag was in violation of the Equality Act. Quoting former South African prime minister DF Malan, he said the flag was that of racial exclusivity. He went through the history of the flag and said Malan viewed the flag as a representation of Dutch nationalism.
He urged the court to consider the foundation’s submission to grant a declaratory order on the public display of the flag.
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