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Eastern Cape artist challenges government over flag design ownership
Eastern Cape artist challenges government over flag design ownership

IOL News

time29-04-2025

  • Politics
  • IOL News

Eastern Cape artist challenges government over flag design ownership

Eastern Cape artist, Thembani Hastings Mqhayi, wants the government to resolve the ongoing dispute over the national flag. Image: Leon Muller / Independent Newspapers Archives Eastern Cape artist, Thembani Hastings Mqhayi, has expressed his disappointment against the government's failure to resolve the ongoing dispute over the national flag. Mqhayi, who claimed that the flag had his design, said the country flew a questionable flag to celebrate Freedom Day. He claimed that his work was erroneously credited to Fredericks Brownell, who served at the National Archives of South Africa as State Herald between 1982 and 2002. Mqhayi, who is the manager for Cultural Affairs in Amathole District, East London, claimed that the flag is one of the five different original designs he submitted in early 1994 to the office of the Department of Sports, Arts and Culture. This was after the late former president Nelson Mandela, in 1993, made a call that artists and citizens submit designs for the flag of the new and democratic South Africa. Mqhayi said Brownell, who was credited for the design of the flag, had stolen the designs and submitted them as his own. The matter is currently at the Gauteng High Court, Pretoria, after Mqhayi filed papers against former Sport, Arts and Culture minister, Nathi Mthethwa, as well as the State Herald in 2022. In a statement issued on Freedom Day, Mqhayi said it has been 30 years since the country gained political independence from the apartheid regime in 1994, but that only levelled the political landscape while the arts and creative heritage suffered a great historical loss. He said the intellectual genius, property, heritage, and culture embedded within the democratic flag of the country remained an elusive historical account that has gained minimal to no political urgency in restoring the identity and history of the country's national symbol. 'Yet on the 27th of April, the country celebrates Freedom Day, flew a questionable symbol (flag) that was erroneously credited to the then State Herald, Fredericks Brownell, a man who was employed by the state to chair and convene (conflict of interest), the submission process of design proposals (in 1993/1994) from artists across South Africa,' read the statement. Mqhayi, in 2019, requested the Presidency, the Portfolio Committee on Sports, Arts and Culture, as well as the Department of Sports, Arts and Culture, for intervention, but nothing has been done. He said Bandile Magibili, the researcher of the flag, delivered another submission to Minister Gayton McKenzie, but he had not responded or acknowledged it. Magibili also called on the media to interrogate and force the government to bring answers to the matter, adding that this is their quest to spark the much-needed transformation and change regarding the hidden truth about the flag. He said this was a fair call to correct and uphold the historical relevance of Mqhayi's contribution to South African history and discourse. 'The livelihood of a country lies in its pride in nurturing the creative output of the nation, and in this case, it is the democratic flag of South Africa. A great tragedy in the hands of an academically, legally, politically, and media-sound country whose purpose is to secure and protect its citizens from exploitation, which is an omission of South African history. 'With time, a revolution demands creative strategies to defeat and overcome inequality, oppression, discrimination, and subjugation by ushering unpolluted forces of change emanating from the soul mandate as the media to resonate stories of black Africans. Untold stories remain myths, undocumented history becomes a legend, and the media has the power to shed light on marginalised black intellectuals such as Mqhayi,' he said. Asked for a comment, McKenzi's spokesperson, Stacy-Lee Khojane, on Monday said she would check with officials, adding that she would only be able to give feedback from Tuesday. Presidency spokesperson, Vincent Magwenya, did to respond to calls and messages.

Freedom Day: Artist demands recognition as the true designer of SA flag
Freedom Day: Artist demands recognition as the true designer of SA flag

The South African

time27-04-2025

  • Politics
  • The South African

Freedom Day: Artist demands recognition as the true designer of SA flag

On Freedom Day, artist Thembani Hastings Mqhayi renewed his claim that he designed South Africa's national flag—one of the country's most powerful symbols of democracy. Freedom Day commemorates the first post-apartheid elections held on this day in 1994, and the day on which the new constitution was introduced. On the same day, South Africa's current national flag was officially adopted, replacing the Oranje, Blanje, Blou of the apartheid government. According to IOL , Mqhayi has now written to Minister of Sport, Arts and Culture, Gayton McKenzie, requesting formal talks over the current flag's original design. If the Ministry refuses to engage, Mqhayi says he will take legal action by the end of May. This is not the first time Mqhayi has taken his claim to the authorities. In 2022, he filed papers in the Pretoria High Court against then-Minister Nathi Mthethwa and the State Herald. Mqhayi maintains that the late Frederick Brownell, who officially designed the flag and served as State Herald from 1982 to 2002, plagiarised his submissions. Brownell, who passed away in 2019, was widely celebrated for his role in creating the flag adopted after apartheid. Mqhayi's spokesperson Bandile Magibili has told broadcaster Newzroom Afrika that Mqhayi not is just claiming, but actually owns the design. 'I think the word of claiming is overused,' said Magibili. 'The design of the flag of the country is indeed Mr Thembani Hastings Mqhayi's design. We did make a couple of submissions.' 'As you may be aware, we invited Minister Gayton McKenzie and his departmenr to be part of this interview, and they refused.' Mqhayi says he submitted five original flag designs in early 1994 after a public call by Nelson Mandela for citizens to help create a flag for the new South Africa. He asserts one of his designs was used, but says he no longer has copies because he mailed them through the East London Post Office and did not keep duplicates. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1. Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.

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