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Hate Crimes Bill

The Prevention and combating of Hate Crimes and Hate Speech Bill

Presentation on the Prevention and Combating of Hate Crimes and Hate Speech Bill, 2018 (Qwelane v South African Human Rights Commission and Another Case CCT 13/20) by the Legislative Development Branch to the Portfolio Committee on Justice and Correctional Services, 18 August 2021

The Prevention and Combating of Hate Crimes and Hate Speech Bill, B9-2018 [Updated: 16 Apr 2018]

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 crime and the offence of hate speech
    and the prosecution of persons who commit those offences;
  • 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; and
  • Effect consequential amendments to certain Acts of Parliament; and
    to provide for matters connected therewith.

Follow this link to download the Prevention and Combating of Hate Crimes and Hate Speech Bill, B9-2018 [ 105kb].

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