Racists portray apartheid flag, because they are eager to apartheid in South Africa, they used to celebrate, SA Human Rights Commission (SAHRC) Wim Trengove, SC, told the court on Monday equality.
The Commission made a presentation in support of the statement of Nelson Mandela Foundation that gratuitous reflection flag apartheid era on the & # 39; to appear hate speech.
In February last year, the Fund announced that he had used for a & # 39; is that gratuitous displays of the old apartheid flags represent hate speech, unfair discrimination and harassment based on race.
News24 reported earlier that the lobby group AfriForum said in its court papers, the large-scale ban old apartheid flag would be an unconstitutional violation of the rights to freedom of expression.
Deputy General Director of the Ernst Roets told the court that the display of the flag should not be prohibited by law, but shall be damned, if done in public.
"It depends on the context in which the flag is displayed .. we believe that there can be condemned, but should not be banned," said Roets.
He said his group is committed to protect the rights to freedom of expression by taking active measures to deal with this speech of hatred.
Nelson Mandela Foundation, represented by attorney Tembeka Ngcukaitobi said: «AfriForum came as a reluctant respondent .. So why do they oppose the application."
"On the one hand, they tell the court they & # 39 are part of a civilized society and do not want to offend some sense, but on the other hand, they tell the court the next time, when you see this flag, just sit down and think about how far your country has gone, "he continued. Ngcukaitobi argued that the display of the flag was harmful, because he had the ability to insult, humiliate and dehumanize, because he was the symbol of crimes against humanity.
Ngcukaitobi asked the court to reject any application that can be done tends to include "the communist flag, gay flag and the flag of the ANC."
"[The court] It must be directed exclusively to the apartheid flag, and any attempt to free AfriForum engage in any other flag, "said Ngcukaitobi.
Another interested party with the & # 39 is the ruling party, the ANC. His Gauteng deputy chairman Panyaza Lesufi was sitting in the gallery and watched during the proceedings.
He said that AfriForum News24 submission that the ban on the use of the flag would be tantamount to ending the freedom of speech, were completely untrue and unhappy.
"Freedom of expression to insult us? Which is very painful freedom, "he said.
"People should not be equated with reconciliation stupidity. We were reconciled to them, because it was in the interests of the country, we are not stupid, but tolerable, and our tolerance has its limits, "said Lesufi.
Johannesburg Pride (lesbian, gay, bisexual and transgender) and his voice was heard.
Lawyer Sga & # 39; ista Kazee claimed that the flag was "old state official symbol and its use was halted when a new SA flag was adopted in 1994".
Ngcukaitobi agreed, and argued that AfriForum has created environment to display the flag of the old SA SA resembled previous white privilege.
"The old flag was made racial exclusivity in mind," he said.
According to him, while AfriForum had the right to promote their culture, he had no right to promote racism.
Executive Director of the Nelson Mandela Foundation Sello Hatang said that freedom of expression, as well as all other rights were limited, and we ask the court to make a decision that can not be gratuitous display of the flag of the effects that it has.
"We're not saying that you should not use at all, both in museums and related areas, showing that we understand the limits of our rights that we ask."
Twitter users following the hearings expressed their thoughts.
The matter is expected to continue on Tuesday.