Sport, Arts and Culture Minister Gayton McKenzie has said the analysis of the original design submissions by Eastern Cape artist Thembani Hastings Mqhayi did not contain any of the elements incorporated into the final design of the South African national flag.

“Based on the available information, the confirmed designer whose draft concept informed the basis for the design of the South African flag during the work of the Joint Technical Working Committee, albeit refined through the subsequent committee process, is indeed the late Mr Frederick Brownell,” he said.

McKenzie was responding to EFF MP Eugene Mthethwa, who wanted to know who actually designed the national flag after Mqhayi recently claimed that he designed it, not Brownell.

In April, Mqhayi’s spokesperson, Bandile Magibili, was quoted as saying Mqhayi owns the design of the national flag.

“I think the word ‘claiming’ is overused. The design of the flag of the country is indeed Mr Thembani Hastings Mqhayi’s design,” he told Newzroom Afrika.

IOL previously reported that Mqhayi filed papers in the Pretoria High Court in 2022 against the then minister of Sport, Arts, and Culture, Nathi Mthethwa, and the State Herald over the matter.

In his written response, McKenzie said a comprehensive investigation into the matter was conducted during the time of Mthethwa, and Brownell was correctly credited with designing the flag.

He also said the initial process to design the national flag had involved a public call for entries and consideration of designs from professional design studios, but did not result in an acceptable design.

Brownell’s contribution emerged from a subsequent process, as he did not contribute to the initial processes, he stated.

“The final design accepted was not one of these initially selected or shortlisted designs, but it emerged from a process that followed the failure of the initial public call and professional studio submissions to gain acceptance.”

McKenzie explained that the department’s investigation into the matter involved a thorough review and analysis of archival records related to the multi-party negotiations, including about 7,000 design submissions received in 1993.

“The analysis of Mr Mqhayi’s original design submissions, retrieved from the archives, has left no room for reasonable doubt: Mr Mqhayi’s submitted designs do not contain any of the elements incorporated into the design of the South African national flag.

“Therefore, based on the available information, the confirmed designer whose draft concept formed the basis for the South African flag design during the work of the Joint Technical Working Committee, albeit refined through the subsequent committee process, is indeed the late Mr Frederick Brownell.”

McKenzie stated that the design that formed the basis for the final flag design process was based on an initial sketch by Brownell.

“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 after the initial public and professional design efforts failed.

“Mr FG Brownell did not submit a finished design of the South African flag as we know it today; rather, his initial sketch went through various alterations based on the inputs of the Joint Technical Working Committee, the Transitional Executive Council, and others.”

The role of Brownell, as a convener and with the resources of the Bureau of Heraldry available, to interpret the committee’s views and inputs, working with artists at the Bureau to produce designs for consideration, leading iteratively to the final design.

“The colour composition and its interpretation were the prerogative of the committees involved in the later stages of the design process and were not derived from any specific submission from the public participation process, including those by Mr. Mqhayi.”

McKenzie also said the digitised records showed that Mqhayi submitted three designs, which were both mailed and faxed.

“A comparative analysis of these archived submissions against the final flag design shows significant differences, and his submissions do not contain elements that influenced the final flag design.”

This information, he said, was previously made available to Mqhayi through a Promotion of Access to Information Act request.

McKenzie also said Mqhayi’s claim of flawed procurement processes and his assertion of entitlement to benefits were not supported by the facts of how the flag was designed.

“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 initial public participation process was a call for submissions, not a competition.”

McKenzie said Mqhayi has pursued legal action regarding his claims, but the proceedings have stalled.

“The department maintains that the archival evidence refutes his claims and any legal process he pursues is bound to fail.”

In an interview on Saturday, Magibili confirmed that the court action has stalled after Mqhayi’s legal representatives withdrew from the matter.

Magibili said the matter was compounded by Mqhayi’s ill health, but they want McKenzie to intervene.

“We are trying to speak to the minister asking that he assists to resolve the matter without going to court.”

He expressed his concerns that the State Herald was briefing McKenzie on the flag despite “the fraud in the flag occurred in that office”.

mayibongwe.maqhina@inl.co.za

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