An urgent application for AfriForum deputy CEO Ernst Roets to be found in contempt of court was dismissed in the Equality Court sitting in Johannesburg on Tuesday.
Roets tweeted an image of the flag soon after the Equality Court declared that the gratuitous display of the apartheid flag amounts to hate speech.
The post prompted the Nelson Mandela Foundation to file charges against Roets and AfriForum.
Handing down judgment Judge Colin Lamont said while he was of the view that Roets may in due course be held to have breached the provisions of the Equality Court Act, he was not in contempt of court.
Nelson Mandela Foundation spokesperson Sello Hatang said they've taken note of the judgement and will study it in full before deciding on the next step forward.