The Nelson Mandela Foundation says the display of the old flag of apartheid South Africa constitutes harassment, unfair discrimination and hate speech.
The foundation’s application for a declaratory order on the constitutionality of the gratuitous display of the flag will be heard in the Equality Court in Johannesburg on Monday.
It says the old flag is a symbol of what the United Nations says are crimes against humanity and that its public display celebrates that crime.
Lobby group – AfriForum is opposing the application on the basis that the order being sought would infringe on the right of South Africans to freedom of expression.
The foundation’s Luzuko Koti says displaying the old flag cannot be condoned.
“We are not saying this flag should be banned – that’s if it’s not for educational or academic purposes. If it’s not for historic or exhibition purposes, then it should not be displayed gratutiously in public as if it represent something of today.”