'The flag is mine': Man who claims he designed SA flag, gives Gayton McKenzie an ultimatum
Eastern Cape man, Thembani Mqhayi insists Fredericks Brownell, who was credited for the design of the flag, stole his designs and submitted them as his own.
Image: File
Eastern Cape artist, Thembani Hastings Mqhayi, has intensified his calls for recognition, insisting that the South African flag is his brainchild.
Mqhayi has now written to Minister of Sport, Arts and Culture, Gayton McKenzie in an attempt to have “discussions around this thing”.
In 2022, Mqhayi filed papers in the High Court in Pretoria, against the then Minister of Sport, Arts, and Culture, Nathi Mthethwa and the State Herald, who were cited as the first and second respondents respectively.
The national department of Sport, Arts and Culture has previously denied that the South African flag was Mqhayi’s brainchild.
Mqhayi has for years claimed Fredericks Brownell, who was credited for the design of the flag, stole his designs and submitted them as his own. Brownell, who died in May 2019, was hailed as a hero after having served at the National Archives of South Africa as the State Herald between 1982 and 2002.
Mqhayi insists Brownell stole his designs and submitted them as his own.
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As South Africa celebrated Freedom Day on Sunday, Mqhayi’s spokesperson Bandile Magibili told broadcaster Newzroom Afrika that Mqhayi is not merely claiming, but he actually owns the design.
“I think the word of claiming is overused. 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 the department, the Ministry of Arts and Culture headed by Minister Gayton McKenzie to be part of this interview and they refused to be on board.
“So, if they had nothing to hide, and they had all the facts, they would come to the interview. They reject all interviews relating to this subject. It is Mr Mqhayi’s design,” said Magibili.
Regarding the evidence to back the claim, to the design, Magibili said they have some information, including records obtained from the Department of Sport, Arts and Culture.
Magibili said there was no response to Mqhayi's request for an engagement with McKenzie, and if the engagement does not materialise, the court wrangle will be the only option.
"The next step is that we are giving the office of the Minister Gayton McKenzie, I hope he is watching ... The next step is that we are going to proceed, and I do not think we are going to be open to any further discussions. We are giving them until the end of May," said Magibili.
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Mqhayi claims the South African flag was one of the five different original designs he submitted in early 1994 to the office of the Department of Sport, Arts and Culture.
He said this was after the late former president Nelson Mandela, in 1993, made a call that artists and citizens submit designs of the flag of the new and democratic South Africa.
In his affidavit, Mqhayi said he heeded the call, and submitted five different original designs.
He said one of his designs was later adopted and used to create the flag.
Mqhayi, however, said he submitted the designs via the East London Post Office, and did not keep a copy of any of the designs.
jonisayi.maromo@iol.co.za
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