The Nelson Mandela Foundation (NMF) has started its bid to have the act of displaying the old South African flag decreed hate speech.
An application was submitted to the Equality Court on Wednesday, after it was deemed necessary by the NMF, considering the manner in which the flag has recently been displayed.
"These displays demonstrably compound the pain experienced by millions of black South Africans who suffered under apartheid and continue to struggle under its legacy. Displays of the old flag at demonstrations against farm murders on "Black Monday", October 30, 2017 – at least two of which were verified – persuaded us that the time had come to act," the foundation said in a statement.
Farming communities throughout South Africa took to the streets last year to raise awareness of farm attacks and killings, in a mass protest dubbed "Black Monday". A group under the banner "Genoeg is genoeg" ("enough is enough") organised the demonstration on social media, following the murder of Klapmuts farmer Joubert Conradie.
However, during the protest images of some participants waving the apartheid-era flag circulated on social media, causing an uproar.
The foundation believes the display of the flag has no artistic value, nor does it serve the public interest.