Surprisingly often, I have clients ask me to create a saleable item or logo with the South African flag on it. Luckily for them, I know that using the South African flag in your business is actually against the law. Every client who has asked me was completely unaware of the risks.
I know there are loads of small businesses in South Africa who are using the flag anyway: printing it on their merch and getting away with it – for now. But here is why you should think twice before adding it to your branding or product line.
The Legislation for Using the South African Flag in Your Business
If you want to use the SA flag anywhere in your business with the intention to advertise or make a profit, you must request formal permission from the Department of Trade and Industry (DTIC).
Commercial use of the flag is strictly regulated by two main pieces of South African legislation:
According to the Heraldry Act, “Misuse of the flag could lead to civil actions for interdicts and damages, and criminal prosecutions with fines … or imprisonment.”
What This Means for Your Merchandise
Essentially, you cannot sell merchandise carrying the South African flag or use it to promote your business without a permit. This includes:
- Apparel: T-shirts, socks, and hats.
- Stationery: Pens, pencils, and posters.
- Digital & Signage: Wall printables and car signage.
You also cannot use the flag on your products alongside ‘Proudly South African’ wording unless you have officially registered with the Proudly South African campaign. Furthermore, you definitely cannot use the flag within your company logo or any graphic element you intend to trademark.
While some large corporations have been granted permission, I can pretty much guarantee that most small businesses you see touting the flag on their merch do not have the legal right to do so.
The Reality of Enforcement in SA
There is a caveat, of course. While many vendors sell flag-themed merchandise without immediate enforcement, the law is clear: doing so without a formal permit is illegal.
We all know the state of our current government, and while they may not have their shit together at present, there may come a time when they realise that fining small businesses for this misdemeanour is just another easy avenue to line their pockets. Don’t chance it.
What You Can Do Instead: Some Creative Alternatives
If you want to introduce a patriotic element to your logo or merchandise, you are legally permitted to use the colours of the SA flag without using the specific design.
We also have a rich culture of patriotic symbols to choose from that won’t land you in hot water, such as:
- Abundant indigenous flora (like the King Protea) and fauna.
- Traditional beadwork styles.
- Ndebele patterns.
- Local South African colloquialisms and slang.
And now you know.
Shoot me an email if you have any questions about this topic.