DA burning SA flag in ad on social media ‘not illegal’ – analyst

“Burning the South African flag is like peeing on the flag,” says former ANC Tshwane chair Dr Kgosi Maepa about a Democratic Alliance (DA) election advert.

He has opened a case of crimen injuria and treason against DA leader John Steenhuisen. Maepa said the DA had unnecessarily inflicted pain on many South Africans who lived through the struggle of apartheid in its advertisement.

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“Burning it is a sign, like peeing on it,” he said. “I speak on behalf of millions who cannot be at this police station to lay these charges.”

Maepa said the DA should withdraw the video and withdraw from the elections. “We can’t have insecure and violent people during elections,” he said.

Taking it further

Maepa said DA should be disqualified from participating in the 29 May elections, adding he would be writing to the Human Rights Commission, Electoral Commission of South Africa, the public protector, the Independent Communications Authority of South Africa and the Broadcasting Complaints Commission of South Africa.

“We have credible democratic institutions in our country,” he said. “They should protect us against such inflammatory videos that evoke emotions that are not supposed to be there in a peaceful election.”

Steenhuisen said the video should be considered in the context of the advertisement and its allegoric meaning.

“This is our fourth advert, and no-one has particularly commented on the others, which surprises me,” he said. The blowback, he said, was only on social media platform X, which was dominated by bots and was not the real world.

WATCH: Ramaphosa calls DA’s burning flag ad ‘treasonous’ and ‘totally unacceptable’

“We maintain that an ANCEFF-MK [ANC-Economic Freedom Fighters-uMkhonto weSizwe party] coalition will reduce South Africa to ashes and we are only surprised at how many commentators seem to think such a coalition won’t be a disaster,” he said.

Political analyst Khanya Vilakazi said expecting the DA to withdraw from the elections was dramatic.

“It’s a stunt. Burning the South African flag is unfortunately not illegal, but it is disrespectful and inappropriate.

“However, it’s the silly season where any form of clickbait is going to work.”

Political analyst Piet Croucamp said opening a case was nonsense and it would waste the court’s time.

Maepa also alleged that the City of Tshwane’s administration under the DA had been intentionally understating its tax liability since 2016 and opened a case of corruption against mayor Cilliers Brink.

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DA Tshwane caucus spokesperson Kwena Moloto said the DA had no issue with Maepa taking the case to the police.

“I hope the case is taken forward, as far as the SIU [Special Investigating Unit].

“The reality is that it was an ANC contract that cost residents in Tshwane R4.7 million under Kgosientsho Ramokgopa [Tshwane mayor from 2010-16].

“In 2012, councillor Cilliers Brink, now the mayor, said on record that it was wrong,” he said.

Moloto said that contract was one of the biggest examples of ANC corruption in Tshwane.

“So, we have no issue of him taking this to police. The city manager and the mayor will be cleared,” he said.