AfriForum denied leave to appeal apartheid flag ban

Picture: Pixabay

Picture: Pixabay

Published Sep 20, 2019

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Johannesburg - AfriForum was on Friday denied leave to appeal Deputy Judge President Phineas Mojapelo's ruling that the gratuitous display of the apartheid flag was banned. 

The application was heard in the Equality Court, at the Gauteng South High Court. 

Advocate Mark Oppenheimer who appeared on behalf of AfriForum, argued that the appeal would be successful in a different court more so because the ruling was binding on all South Africans.

However, Advocate Ben Winks, for Nelson Mandela Foundation did not share his sentiments.

“We did not believe that there is any reason another court would come to a different decision unless there are compelling reasons.” said Winks. 

The South African’s Human Rights Commission's representative, advocate Itumeleng Phalane, said the rights body would oppose the application for leave to appeal the court's decision.

Proceedings were brief and barely lasted 30 minutes and Mojapelo said: “The appeal may only be given where there is some compelling reason that it should be heard,” 

“Having considered the grounds of the appeal and arguments of counsel without reiterating parts of the judgment, the appeal is dismissed.”

He added that he was not convinced by AfriForum that a different court would arrive at a different determination. 

African News Agency/ANA

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