“Those who publicly hold up or wave the old flag, convey a brazen, destructive message that they celebrate and long for the racism of our past.” 

These were the words of judge Ashton Schippers on the recent Supreme Court of Appeals’ (SCA) apartheid flag judgment.

EFF MP Dr Mbuyiseni Ndlozi celebrated the ruling, urging the courts to further order statues of apartheid leaders in public spaces be removed. 

“SCA has ruled that public displays of apartheid flag constitute hate speech, thus dismissing AfriForum’s appeal. It should therefore follow that apartheid statues celebrating apartheid leaders like Paul Kruger fall in the same category of hate speech.” 

His party echoed these calls, saying: “Just as the apartheid flag has been outlawed, so should Die Stem and all racist symbols and statues in South Africa.”

Last week, the SCA dismissed AfriForum’s application to overturn a judgment that banned unjustified public display of the apartheid flag.

The court ruled that public display of the flag is hate speech, unfair racial discrimination and harassment. The display of the old flag is not prohibited for artistic, academic or journalistic purposes. 

AfriForum said the organisation was consulting with its lawyers on the next steps.

“Freedom of expression as a right has unfortunately become watered down in this country. It is a principle that has become the victim of ridiculous double standards and the future consequences will likely be dire,” he said. 

The Nelson Mandela Foundation, which initially laid a complaint against AfriForum over the display of the flag at “Black Monday” protests, said it was delighted by the ruling.  

“The court agreed with our arguments that gratuitous displays of the old apartheid flag impair nation-building and legitimise white supremacy. Everybody deserves to be free from discrimination and hate speech, nobody should be terrorised by this symbol of hatred, division and white supremacy. 

“Today’s judgment is a win for everybody in South Africa that is committed to protecting the dignity of all people, for the challenging project of nation building and healing from the profound woundedness we carry as a nation,” the foundation said in a statement.