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Prevention and combating of Hate Crimes and Hate Speech Act, 2023 (Act 16 of 2023)

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; to provide for offences as hate crimes and the offence of hate speech and the prosecution of persons who commit those offences; to provide for appropriate sentences that may be imposed on persons who commit hate crime and hate speech offences; to provide for the prevention of hate crimes and hate speech; to provide for the reporting on the implementation, application and administration of this Act; to effect consequential amendments to certain Acts of Parliament; and to provide for matters connected therewith.
Gazette: English / Sepedi, GG 50652, GoN 4822, 14 May 2024

Ramaphosa signs law to combat hate crimes, hate speech, Power Talk, 14 May 2024
Lerto Mbele speaks to John Jeffery, Deputy Minister of Justice and Constitutional Development about the Hate Speech and Hate Crimes Act.

[24:37 min/mp3]

Document links

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
Keynote Address by the Deputy Minister of Justice and Constitutional Development, the Hon JH Jeffery, MP, at a Workshop on the Hate Crimes and Hate Speech Bill, hosted by the Southern African Liaison Office (SALO), held at 6 Spin Street, Cape Town, 20 November 2018
Keynote Address by the Deputy Minister of Justice and Constitutional Development, the Hon JH Jeffery, MP, at a Hate Crimes Workshop hosted by the Southern African Liaison Office, 28 June 2018
The Prevention and Combating of Hate Crimes and Hate Speech Bill, B9-2018 [Updated: 16 Apr 2018] .
Prevention and combating of Hate Crimes and Hate Speech Bill approved by Cabinet [15 Mar 2018]
Address by the Deputy Minister of Justice and Constitutional Development, the Hon JH Jeffery, MP at a Roundtable Discussion on the draft Prevention and Combating of Hate Crimes and Hate Speech Bill, hosted by the Southern African Catholic Bishops’ Conference’s Parliamentary Liaison Office, held at the at the Townhouse Hotel, 14 February 2017
Keynote Address by the Deputy Minister of Justice and Constitutional Development, the Hon JH Jeffery, MP, at the Hate Crime and Hate Speech Bill National Consultative Workshop with Migrants/Vulnerable Groups, hosted by the Foundation for Human Rights, held at the Protea Hotel, 120 De Korte Street, Braamfontein, 26 January 2017
Deadline extended for submission of inputs on the Hate Crimes Bill [16 Nov 2016]
Response to the concerns raised regarding the Prevention and Combating of Hate Crimes and Hate Speech Bill [01 Nov 2016]
Media briefing by Minister Michael Masutha on the Prevention and Combating of Hate Crimes and Hate Speech Bill [24 Oct 2016]
Prevention and Combating of Hate Crimes and Hate Speech Bill, GG 40367, GeN 698 [24 Oct 2016]
Keynote address by the Deputy Minister of Justice and Constitutional Development, the Hon JH Jeffery, MP, at the Annual General Meeting of the Hate Crimes Working Group, Cape Town, 30 March 2016

Media links

[24:37 min/mp3]

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

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.