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South Africa’s Supreme Court of Appeal on Friday upheld a ruling that the “gratuitous” public display of the country’s old apartheid-era flag amounts to hate speech and racial discrimination and can be prosecuted.

The Supreme Court didn’t, however, give a ruling on whether displaying the national flag from South Africa’s era of brutal racial segregation in the privacy of a home should also be considered hate speech or discriminatory.

Arguments over that specific matter should first be presented to the lower court that initially banned the flag in 2019, the Supreme Court said.

The decision on the public showing of the old flag, which was South Africa’s national flag from 1928 until it was abolished when the country achieved democracy in 1994, upheld that ruling given by the Equality Court four years ago.

Afriforum, a lobby group that says it represents the interests of South Africa’s white Afrikaans people, challenged the banning of the flag in the Supreme Court, saying such a “wide-reaching ban” was an infringement of the right to freedom of expression.

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