Rapper Kwesta has weighed in on the possibility of the old South African flag being declared hate speech, after the Nelson Mandela Foundation approached the Equality Court with an application for this to come into effect.

Last week the Nelson Mandela Foundation released a media statement confirming that it had approached the court to declare displays of the controversial flag as unlawful.

“The Nelson Mandela Foundation made an application to the Equality Court in Johannesburg for an order declaring that gratuitous displays of the old official flag of apartheid South Africa constitute hate speech, unfair discrimination and harassment based on race,” read part of the statement.

The statement explained that the decision was made after years of watching public displays of the old flag.

“These displays demonstrably compound the pain experienced by millions of black South Africans who suffered under apartheid and continue to struggle under its legacy.”

Taking to Twitter, Kwesta explained that he included a scene of the old flag being burnt on his Spirit music video because of the pain it represented.

“The flag you saw burning in the #SpiritMusicVideo might finally get the same status as the Nazi flag… should people be fined for celebrating the apartheid crime against humanity, by hoisting that flag even if it’s in your own home,” he asked.

Kwesta added that he believed the flag should be reduced to the same status as the Nazi flag.