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
Provide for the offence of hate crime and the offence of hate speech
and the prosecution of persons who commit those offences;
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.
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]
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.