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The law only allows three exceptions to the use of symbols of hate such as the old SA flag. These exceptions are bona fide artistic ends, academic endeavour or journalism. The gratuitous display of the old SA flag for other than these reasons constitutes hate speech.

AfriForum is hoping to persuade the Supreme Court of Appeal that general free speech rights are impermissibly restricted by such a declaration. The Nelson Mandela Foundation as well the Human Rights Commission argue that AfriForum’s view takes inadequate account of the rights of dignity and equality which constrain the free speech rights AfriForum is asserting. The SCA now has to adjudicate the matter. ..