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26 January 2026
In a further effort to curb and prevent hate crimes and hate speech against members of the LGBTIQA+ community, the National Task Team on SOGIESC Matters (“NTT”) resolved to submit comments on the draft Regulations under the Prevention and Combating of Hate Crimes and Hate Speech Act, 2023.
The draft Regulations were published for public comment by the Department of Justice and Constitutional Development in the Government Gazette on 28 November 2025.
A copy of the notice and draft Regulations can be found here 20251128-gg53729gon3650-Hat-Crimes-Draft-Regulations.pdf.
The NTT welcomed the publishing of the draft Regulations and mandated a unified, sector-wide submission to reflect the collective voice of the NTT and to ensure the regulations are practical, legally sound and responsive to the lived realities of persons of diverse SOGIESC in South Africa.
The deadline for the submission of comments on the draft Regulations is 28 January 2026 and the NTT Secretariat is currently consolidating its input following various submissions from NTT and Provincial Task Team members to finalise its consolidated national submission.
As the NTT concluded its 3rd Quarterly Meeting for the 2025/26 financial year in November 2025 it further resolved to collaboratively continue in the fight to address systemic discrimination against persons of diverse SOGIESC. A significant focus of the meeting was the need to expand the scope and capacity of the Provincial Rapid Response Team (PRRT) through strengthening the RRTs within the Provincial Task Team structures to ensure increased reporting of criminal cases through civil society partners within provinces to ensure a coordinated response.
Furthermore, the NTT is to consider developing a system for the recording of civil cases of discrimination against persons of diverse SOGIESC that are not dealt with through the criminal justice system, but rather through civil procedure structures.
The NTT reaffirms its unwavering commitment to upholding the constitutional promise of equality and dignity and calls on all relevant stakeholders to submit comprehensive comments on the draft Regulations by 28 January 2026 to realise the maxim, “nothing about us without us” and to reflect the lived realities of persons of diverse SOGIESC in South Africa.
“Having the proper Regulations in place will strengthen the legislation aimed at preventing hate crimes and hate speech,” said NTT co-chairpersons, Deputy Minister Andries Nel and Sibonelo Ncanana-Trower.
Media Enquiries:
Mr Samuel Modipane
Director: Communications Management, Department of Justice and Constitutional Development
Email: SModipane@justice.gov.za
Cell: +27 81 440 6179
ISSUED BY THE DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT OF THE REPUBLIC OF SOUTH AFRICA