A dispute over the authorship and credit for the design of South Africa's national flag has intensified, with activist Bandile Magibili calling on the Parliament Portfolio Committee on Sport, Arts and Culture to intervene. Magibili and artist Thembani Hastings Mqhayi are seeking a formal platform to present research and evidence supporting Mqhayi's claim of intellectual property ownership of the flag design. Mqhayi submitted five designs for the new national flag in 1994, which he claims were plagiarized and wrongfully credited to the late former State Herald, Frederick Brownell.
The Department of Sport, Arts and Culture has consistently refuted Mqhayi's claims, stating that historical records confirm Brownell as the rightful designer. Minister Gayton McKenzie said the relevant records, including copies of Mqhayi's archived submissions, were made available to the complainants through a PAIA request. However, Magibili argues that the official historical position raises questions that should be tested against primary evidence, including what happened to public submissions, who received and assessed them, and how the final design emerged.
As South Africa celebrates Heritage Day, Magibili said this month remains a painful reminder of a history that has never been corrected properly. He stated that thousands of South Africans were invited to submit proposed flag designs during the country's democracy, and Mqhayi participated, submitting five original designs. Some of Mqhayi's original material was subsequently recovered from the archives, according to Magibili.
Magibili is currently in Mauritius seeking international academic cooperation over the disputed flag. He said the Department of Sport, Arts and Culture should be invited to the same parliamentary process and given an equal opportunity to present the documentary foundation for the official historical position. Magibili requested that Parliament invite both him and Mqhayi to present their research alongside the Department.
The Parliament Portfolio Committee on Sport, Arts and Culture's spokesperson, Sibongile Maputi, requested that questions be sent to Fiona Clayton, who serves as content and advisor and researcher for the committee. However, Clayton referred the inquiry back to Maputi, who did not respond. McKenzie said that if the committee chooses to consider this matter, the department will cooperate fully and make digitized records available.
Mqhayi filed court papers against the department and the State Herald in August 2022 to compel the government to disclose archival details and developmental design records. However, Magibili said the legal challenge stalled due to Mqhayi's illness and challenges involving the attorneys handling the matter. The court matter is currently on hold while they work towards placing new attorneys on record.
Magibili believes that the ongoing dispute over the flag highlights a critical need for an autonomous investigation into how South Africa's national symbols were historically established. He said such an inquiry should examine authorship, public participation, institutional responsibilities, archival preservation, and how the country's official historical narratives were subsequently established.
Key points
- Artist Thembani Hastings Mqhayi claims he designed South Africa's national flag in 1994.
- The Department of Sport, Arts and Culture refutes Mqhayi's claims, citing historical records that credit Frederick Brownell as the designer.
- Activist Bandile Magibili is seeking a parliamentary hearing to present evidence supporting Mqhayi's claim.
