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A New Flag [1995] ZAConAsmRes 1298 (17 May 1995)

 

17/05/95

A NEW FLAG

  1. I would suggest that it is premature to call for designs for a New flag .

  1. The Constitutional Assembly should have a clause in the New Constitution which provides that the National Flag - the design of which is described in the Schedule to Proclamation No. 70,1994 as published in Government Gazette No 15663 of 20 April 1994 - should continue to be the National Flag of the Republic of South Africa at least until 1 year after the New Constitution the work of the Constitutional Assembly has been promulgated under Section 73 of Act 200 1993 and the first fully and exclusively representative government elected installed and fully operational at all levels.

3 . The New Constitution should prescribe a procedure for changing the National Flag

4 . The new National Assembly can call for designs for a new flag if it is so minded .

MOTIVATION

  1. . The Constitutional Assembly is presently busy with the New Constitution and is concerned with BASIC AND FUNDAMENTAL ISSUES. A new flag is not a basic and fundamental issue but a method of changing the national flag is .

  1. . By rushing to change the National Flag now the CA would in effect be saying that a Flag is a SHORT-TERM entity and I think that that would be wrong . The Flag is a symbol of SA and hopefully stability is an important part of that icon. If the Flag changes too often then SA likewise will have an image of change.

  1. The History of other National Flags is relevant to this issue . For example : The USA adds a star every time a new State is admitted to the Union . What happens if the " Front Line States " want closer ties with SA in the future?

  1. The CA should recognise that national flags do change. In SA in the past the flag has been a contentious issue . Do we not want to avoid confrontation and to pursue peace and reconciliation. Why create an artificial " battle ground are there not enough substantive ones already .

  1. There is the matter of expense too . The European Union spent an inordinate amount of time and money in deciding the colour of the new EU passport . Should we not learn from their folly. Are there not more important issues ?

When acknowledging receipt kindly quote the key reference word " Flag " together with your number

Seth G. Abrahams

Advocate of the Supreme Court of South Africa

Member of the Johannesburg Bar 1962 - 1974