The Nelson Mandela Foundation is rattled that Afriforum is planning to appeal the judgement which bans the display of the apartheid flag. Picture: Itumeleng English/African News Agency(ANA)

Durban - The Nelson Mandela Foundation is rattled that Afrikaner group, AfriForum, is planning to appeal the Equality Court judgement which bans the display of the offensive apartheid flag.

In a statement issued on Monday, the foundation says this is a sign of commodification of justice that should worry the country.

“The foundation has noted that AfriForum has applied to appeal against the Equality Court’s judgment in this case. We are concerned that, increasingly, access to justice is denied to ordinary South Africans who are themselves not able to protect their rights to human dignity and to live in a society free from hate speech; the commodification of justice should be something that concerns all of us,” the foundation said. 

In a ruling handed down on August 21 this year, Judge Phineas Mojapelo, said gratuitous display of the old flag “demeans and dehumanises people on the basis of their race. It impairs their human dignity. The Old Flag is displayed gratuitously with the full knowledge of its current and historical effects and therefore with clear intent to bring its effects upon fellow men and women.” 

Unfazed by the ruling, AfriForum, according to the foundation, have applied to appeal the ruling. However, the foundation said it will ensure that the contempt of court application brought against Ernst Roets and AfriForum is finalised despite the legal push back. 

On the same day the ruling was made, Roets tweeted the apartheid flag, setting himself against the public and the foundation which wants him to be charged for contempt of court. 

“The Foundation is resolute that not only will it see the contempt of court application brought against Mr Roets and AfriForum, which is set down for hearing tomorrow, 3 September 2019, to completion, but that it will continue defending the right of South Africans to live in a society which is free from hate speech and which protects our rights to human dignity. The social cohesion of our country is not dependent on the fragility of those keen on division and contempt for our young democracy.”

Political Bureau