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Hate Crimes Bill

The Prevention and combating of Hate Crime and Hate Speech Bill, November 2016

Invitation to comment on the Prevention and Combating of Hate Crimes and Hate Speech Bill, 2016

The bill aims to-

  • give effect to the Republic’s obligations in terms of the Constitution and international human rights instruments concerning racism, racial      discrimination, xenophobia and related intolerance in accordance with international law obligations;
  • provide for the offence of hate crimes and the offence of hate speech and the prosecution of persons who commit those crimes;
  • provide for appropriate sentences that may be imposed on persons who commit hate crime and hate speech offences; 
  • provide for the prevention of hate crimes and hate speech; 
  • provide for the reporting on the implementation, application and administration of this Act;
  • amend certain Acts of Parliament consequentially; and 
  • provide for matters connected therewith.

Follow this link to download the Prevention and Combating of Hate Crimes and Hate Speech Bill, 2016 [ 438kb].

Submission of comments on the Bill has closed.

Enquiries can be directed to:
Ms T Ross,
Specialist State Law Adviser,
Department of Justice and Constitutional Development,
Tel: +27 (0) 12 406 4759.

Document links

Relevant Judgements

  • South African Human Rights Commission v Jonathan Dubula Qwelane [EQ44/2009(EQ13/2012)] 18 Aug 2017
    Summary: Equality legislation - hate speech - what constitutes onus of proof - defences thereto - sections 1, 10, 11 and 12 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (the Equality Act) - the applicant uttering statements in Sunday Sun newspaper derogatory to homosexuals and members of the Lesbian, Gay, Bisexual, Transgender and lntersex (LGBTI) community - comparing their conduct to bestiality - applicant challenging constitutionality of provisions of Equality Act in regard to hate speech - based on the right to freedom of expression as enshrined in section 16 of the Constitution - however, right to freedom of speech is not limitless as envisaged in section 36(1) of Constitution - constitutional challenge dismissed as not having merit - appropriate remedy in equality legislation as envisaged in section 21 of the Equality Act.

 

Media links

Let's Talk Justice Season 02, Episode 22: 10 November 2016
Topic: Prevention and combating of Hate Crimes and Hate Speech Bill

Deputy Minister Jeffery's interview on the Prevention and combating of Hate Crime and Hate Speech Bill: Extention of deadline for comments, Talk Radio 702 mp4 [17 Nov 2016]


Source: If you can't view the video file you can also listen to it on soundcloud: https://soundcloud.com/primediabroadcasting/hate-speech-bill-delayed-for-more-submissions

Radio Interviews

03 February 2017: SAFM (104-107 FM) @ 09h00
Topic: Prevention and combating of Hate Crimes and Hate Speech Bill
Speaker: Mr. John Jeffery, MP - The Deputy Minister of Justice and Constitutional Development

01 December 2016: Motsweding FM (87.9 – 107.9 FM) @ 22h:00
Topic: The Prevention and combating of hate crimes and hate speech bill
Speaker: Theresa Ross: Specialist State Law Advisor: Department of Justice and Constitutional Development

01 December 2016: Voice of the Cape (91.3 FM) @ 07h:40
Topic: The Prevention and combating of hate crimes and hate speech bill
Speaker: Theresa Ross: Specialist State Law Advisor: Department of Justice and Constitutional Development

22 November 2016: Inanda Community FM (88.4 FM) @ 10h00
Topic: Prevention and combating of hate crime and hate speech bill
Speaker: Mthunzi Mhaga: Spokesperson for the Department of Justice and Correctional services

20 November 2016: Carte Blanche Show on MNET (Channel 101 on DSTV) @ 06h20
Topic: Prevention and combating of hate crime and hate speech bill
Speaker: Mr. John Jeffery: The Deputy Minister of Justice and Constitutional Development

20 November 2016: Ligwalagwala FM (93.0) @ 06h20
Topic: Prevention and combating of hate crime and hate speech bill
Speaker: Mthunzi Mhaga: Spokesperson for the Department of Justice and Correctional services

18 November 2016: Power FM (98.7 FM) @ 09h45
Topic: Prevention and combating of hate crime and hate speech bill
Speaker: John Jeffery: Deputy Minister of Justice and Constitutional Development

18 November 2016: Morning Live (SABC 02) @ 06h35
Topic: Prevention and combating of Hate Crime and Hate Speech Bill
Speaker: John Jeffery: Deputy Minister of Justice and Constitutional Development

17 November 2016: Question Time (SABC 404) @ 16h30-17h00
Topic: Prevention and combating of Hate Crime and Hate Speech Bill
Speaker: Mthunzi Mhaga: Spokesperson for the Department of Justice and Correctional services

16 November 2016: Forte Community Radio (88.2 FM or livestream@ www.ufh.co.za) @ 19h05
Topic: Prevention and combating of Hate Crime and Hate Speech Bill
Speaker: Mthunzi Mhaga: Spokesperson for the Department of Justice and Correctional services