Yeah, the country I live in has a heraldically unsound flag, too (two tinctures bordering on each other). Modern heraldry often cheats (either by not giving a damn at all, or by re-defining Gules (the colour red), a tincture, as Copper, a metal. Which would make black (tincture sable) on red (metal copper) completely legitimate. (Still doesn't legitimize the German flag, though, because even if you say the red is copper so it can border on black, you have a problem on the other side, where the "copper" is bordering on gold, another metal -- metal on metal is only allowed for the Vatican.)
-- anyway. I'm sure you didn't want to know that!
Nice connection to Che, though. I hadn't thought of that at all (I'm probably too young)!