President Cyril Ramaphosa has approved the Preventing and Combating of Hate Crimes and Hate Speech Bill, which establishes penalties for hate crimes and hate speech. The legislation also details the legal procedures for prosecuting individuals responsible for these violations.
“This legislative measure gives effect to South Africa’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,” the Presidency said in a statement on Thursday.
The statement highlights that the Constitution upholds fundamental principles such as human dignity, equality, the promotion of human rights and freedoms, as well as non-racialism and non-sexism.
Section 9 of the Bill of Rights within the Constitution further mandates the prohibition of both direct and indirect unfair discrimination based on various grounds including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, and birth.
“The Bill of Rights gives everyone the right to dignity and gives everyone the right to freedom and security of the person, which includes the right to be free from all forms of violence from either public or private sources,” the Presidency stated.
Furthermore, the Presidency clarified that the new Bill is designed to prevent hate crimes and hate speech through effective enforcement measures, along with the collection and documentation of data on such incidents.
However, the legislation does not classify certain actions carried out in good faith during engagement as hate speech.
Exemptions include:
- Artistic creativity, performance, or other forms of expression
- Academic or scientific inquiry
- Fair and accurate reporting or commentary in the public interest
Additionally, the law excludes the interpretation, articulation, or espousal of any religious conviction, tenet, belief, teaching, doctrine, or writing that does not promote hatred or incite harm.
Compiled by Warren Hawkins
