JUNE 21, 2025 — South African Sport, Arts and Culture Minister Gayton McKenzie has rejected claims by Eastern Cape artist Thembani Hastings Mqhayi that he designed South Africa’s national flag, reiterating that the late Frederick Brownell remains the official designer, according to the Independent Online.
The issue resurfaced during April’s Freedom Day commemorations, when Mqhayi asserted that he submitted several designs in 1994 and that one was used without his consent.
In 2022, Mqhayi filed papers in the High Court accusing Brownell of plagiarism. He said he mailed five designs after a public call for submissions, but kept no copies.
McKenzie responded to parliamentary questions by saying a full archival review had already confirmed Brownell’s authorship.
“The analysis of Mr. Mqhayi’s original design submissions, retrieved from the archives, has left no room for reasonable doubt,” McKenzie stated. “Mr. Mqhayi’s submitted designs do not contain any of the elements incorporated into the design of the South African national flag.”
He added that the flag design process changed after public and professional entries failed. Brownell’s concept emerged during a new phase led by the Joint Technical Working Committee. “This design was developed during the process led by the Joint Technical Working Committee, convened by Mr. Brownell, which was tasked with resolving the flag issue.”
McKenzie also emphasized that the process was not commercial. “It is also important to clarify that the process that led to the final flag design was not a procurement process that offered compensation or intellectual property rights to participants.”
“The department maintains that the archival evidence refutes his claims and any legal process he pursues is bound to fail,” McKenzie concluded.
Image: Privatemusings, CC BY-SA 2.5
