Deepening Democracy through Access to Information
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Deepening Democracy through Access to Information
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Nelson Mandela Foundation Trust v Afriforum NPC and Another (EQ2/2018) [2019] ZAGPJHC 324

17th September 2019

Click here to read the full judgment on Saflii

[1] This is an application brought by the applicant as a matter of urgency (on one day's. notice to the respondents) seeking a rule nisi requiring the two respondents to show cause why an order should not be made declaring them to be in contempt of this court's order.

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[2] The relief sought is in the following terms:-

‘2.1 declaring that the first respondent and the second respondent are in contempt of paragraph (2) of this court's order dated 21 August 2019 and under Case No 120 2/2018;

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2.2 imposing a fine, such as is deemed appropriate by this court on the first and second respondents, jointly and severally;

2.3 imposing a period of imprisonment, such as is deemed appropriate by this court, on the second respondent suspended on conditions deemed appropriate by this Court;

2.4 directing the first and second respondents to bear the costs of this application jointly and severally, on the attorney and client scale'.

[3] The Court order referred to in paragraph 2.1 of the Notice of Motion is in the following terms:-

'(1) In terms of section 21 (1) of the Promotion of Equality and Prevention of Unfair Discrimination Act for of 2000 ("the Equality Act"), it is determined that the display of the old national flag of South Africa introduced from 31 May 1928, and used throughout apartheid until it was abolished on 27 April 1994 ("the Old Flag"), at the "Black Monday'' demonstrations on 30 October 2017 constituted:

a. hate speech, in terms of section 10 (1) of the Equality Act;

b. unfair discrimination on the basis of race, in terms of section 7 of the Equality Act;

c. harassment in terms of section 11 of the Equality Act.

(2) In terms of section 21 (2) of the Equality Act, it is declared that subject to the proviso in section 12 of the Equality Act any display of the Old Flag constitutes:

a. hate speech, in term of section 10 (1) of the Equality Act;

b. unfair discrimination on the basis of race, in terms of section 7 of the Equality Act;

c. harassment in terms of section 11 of the Equality Act.' 

EDITED BY: Creamer Media Reporter
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