AfriForum: If old SA flag is banned, the LGBTI rainbow flag will follow suit

Civil rights organisation AfriForum has reportedly filed papers at the Equality Court this week arguing that the application by the Nelson Mandela Foundation (NMF) – which seeks an order declaring that the public display of the old South African flag constitutes unfair discrimination, hate speech and harassment – should it succeed because the flag is offensive to some people‚ then the rainbow “gay flag” could be banned too.

The court application was lodged in February.

At the time, the NMF said the decision to launch this application came “after years of watching public displays of the old flag and hoping that such behaviour would stop. These displays demonstrably compound the pain experienced by millions of black South Africans who suffered under apartheid and continue to struggle under its legacy.”

The foundation said it had numerous discussions with civil organisations such as AfriForum following the “Black Monday” march by the farming community last year, protesting against farm murders. The old flag was displayed at several demonstrations that took place across the country in October.

According to a TimesLIVE report, AfriForum’s Ernst Roets argues in court papers that many people have suffered “atrocities” at the hands of the ANC‚ SACP and the British and may be offended by these organisations’ flags and the Union Jack‚ that these flags should also be banned if the public display of the old South African flag is criminalised.

“Setting the threshold for the banning of symbols at the level of offence is a slippery slope that could lead to the banning of the Rainbow Flag”‚ Roets argues.

AfriForum stands by its stance that banning “gratuitous” displays of the old flag would amount to “an unconstitutional infringement of the right to freedom of expression”. The organisation said the display of the old flag at public events was “overblown’’.

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