By Ebi Kesiena
South African President Cyril Ramaphosa has officially approved the Preventing and Combating of Hate Crimes and Hate Speech Bill, marking a significant step in addressing these offenses within the country.
The new law defines hate crimes as offenses committed under any existing law that stem from prejudice or intolerance towards a victim’s characteristics or associations. It prohibits crimes targeting individuals or groups based on listed characteristics, whether actual or perceived.
Moreover, the bill outlines hate speech as any intentional communication, publication, or propagation intended to incite harm or promote hatred based on specified grounds. This includes hate speech distributed through electronic means. To ensure effectiveness, the law incorporates enforcement mechanisms and mandates the collection of data on hate crimes and hate speech incidents.
Ramaphosa’s office emphasized that the legislation aligns with South Africa’s constitutional principles and international human rights commitments. Section 9 of the South African Constitution explicitly prohibits discrimination on various grounds, underscoring the importance of protecting individuals from hate-based offenses.
While the law upholds the right to free speech, it includes exceptions for artistic expression, academic inquiry, responsible journalism, and the expression of religious beliefs that do not promote hatred or incite harm. However, some critics, such as Georgia Du Plessis from ADF International, a conservative Christian advocacy group, have raised concerns about potential limitations on free speech, suggesting that the legislation could lead to human rights abuses.
Introduced to Parliament in 2018, the bill underwent thorough scrutiny and was subsequently approved by both the National Assembly and the National Council of Provinces (NCOP) in 2023. Its enactment represents a significant milestone in South Africa’s efforts to combat hate-based crimes and ensure the protection of its citizens’ rights.
