AfriForum’s deputy CEO Ernst Roets will study his destiny on Tuesday when the Equality Courtroom sitting within the Gauteng Excessive Courtroom in Johannesburg delivers judgment in an pressing software that he be present in contempt of court docket.
The Nelson Mandela Basis filed the applying after Roets took to Twitter and posted the apartheid flag, asking: “Did I simply commit hate speech?”, simply hours after a scathing judgment banned its gratuitous show.
Arguing earlier than Decide Colin Lamont on September four, the inspiration submitted that Roets had insulted the dignity of the courts and must be present in contempt.
Deputy Decide President Phineas Mojapelo declared that the “gratuitous show” of the flag constituted hate speech by way of Part 10(1) of the Equality Act, unfair discrimination by way of Part 7 of the act, and harassment by way of Part 11 of the act.
Roets, nonetheless, claimed that he had posted the flag for tutorial functions and in his personal capability and never that of AfriForum.
He additionally argued that he and AfriForum can’t be held in contempt of court docket as a result of no order was granted in opposition to them particularly and that his tweets fell underneath the proviso that the show of the flag should be confined to real inventive, educational or journalistic expression within the public curiosity, by way of Part 2 of the Equality Act.
Arguing on behalf of the inspiration, advocate Tembeka Ngcukaitobi mentioned there was no means that AfriForum and Roets weren’t conscious that the judgment prohibited the gratuitous show of the flag.
He additionally argued that Roets’ argument within the matter had no educational context and questioned why it was needed for Roets to have an educational enquiry.
“They commit contempt the second they conduct themselves in a means calculated to result in disrepute to this court docket,” Ngcukaitobi mentioned.
Roets’ lawyer, senior counsel Cedric Puckrin argued that his consumer’s model stating why he tweeted the image of the apartheid flag after there was a judgment banning its gratuitous show shouldn’t be ignored, News24 previously reported.
He additionally argued that the matter had nothing to do with AfriForum as a result of Roets tweeted in his private capability.