Johannesburg - The Nelson Mandela Foundation has filed an application to appeal the Equality Court's ruling which found AfriForum's chief executive Ernst Roets not guilty of hate speech for tweeting an image of the apartheid flag.
Last month, Roets tweeted the old apartheid flag mere hours after the equality sitting at the South Gauteng High court had declared that the gratuitous display of the flag amounts to hate speech.
In its papers, the Mandela foundation said the court erred in its decision of not finding Roets and AfriForum in contempt of court.
"The court should have found that the applicant presented prima facie proof that the respondent had committed contempt of court, sufficient to find that they had a case to answer, and should consequently have issued a rule nisi to enable that case to be answered appropriately," read the papers.
The dispute between the foundation and lobby group, arose after the foundation brought an application to the Equality Court seeking an order declaring that gratuitous displays of the old flag constitutes hate speech and discrimination based on race.