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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:
Mr Leonard Tsietsi Sebelemetja
Department of Justice and Constitutional Development
Tel: +27 (0) 12 406 4753, Email: LSebelemetja@justice.gov.za.

Document links


 

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

Bongani Bingwa speaks to Deputy Justice Minister John Jeffery about the delay with the Hate Crimes Bill, 24 Jun 2021.
Deputy Justice Minister John Jeffery tells Bongani Bingwa that the demand for the Hate Crimes Bill to be passed is misplaced and that it would not make a huge difference.

[Radio 702, 24 Jun 2021, 07:32 min/mp3]

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.