Prevention and Combating of Hate Crimes and Hate Speech Bill [B9 – 2018]

Call for comments opened 26 November 2018 Share this page:

Submissions must be received by no later than 31 January 2019

Justice and Correctional Services

The Portfolio Committee on Justice and Correctional Services invites you to submit written submissions on the Prevention and Combating of Hate Crimes and Hate Speech Bill [B9 – 2018]:

The purpose of Prevention and Combating of Hate Crimes and Hate Speech Bill is 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;
▪ Effect consequential amendments to certain Acts of Parliament; and
▪ Provide for matters connected therewith.

Public hearings will be held in Parliament.

Comments can be emailed to Mr V Ramaano at vramaano@parliament.gov.za by no later than Thursday, 31 January 2019

For Public hearings' dates and enquiries please contact Mr V Ramaano on tel (021) 403 3820 or cell 083 709 8427

In addition to the written comments, please indicate your interest in making a verbal presentation

You can the Bill's progress here

Issued by Hon. Ms MRM Mothapo MP, Chairperson: PC on Justice and Correctional Services



Background
The founding provisions of the Constitution of the Republic of South Africa, 1996, in section 1, set out certain basic values, amongst others, human dignity, the achievement of equality and the advancement of human rights and freedoms and non-racialism and non-sexism. The Bill of Rights, in section 9 of the Constitution, prohibits direct or indirect unfair discrimination against anyone on the grounds set out in section 9(3) of the Constitution, namely, race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. The Bill of Rights, in section 10, gives everyone the right to dignity and, in section 12, gives everyone the right to freedom and security of the person, which includes the right to be free from all forms of violence from either public or private sources. In section 16, the Bill of Rights gives everyone the right to freedom of expression. This right is, however, limited in that it does not extend to propaganda for war, incitement to imminent violence or advocacy of hatred that is based on race, ethnicity, gender or religion, which constitutes incitement to cause harm. The State must, in terms of section 7(2) of the Constitution, ‘‘respect, protect, promote and fulfil the rights in the Bill of Rights’’. It is against this backdrop that the Prevention and Combating of Hate Crimes and Hate Speech Bill (‘‘the Bill’’) has its origins. The Bill is intended to address frequently occurring and sometimes violent conduct of persons who are motivated by clear and defined prejudices.