Prevention and Combating of Hate Crimes and Hate Speech Bill: Finalisation

Meeting report

The Chairperson officially opened the meeting.

The Committee noted the apology of Mr R Badenhorst (DA, Western Cape).

Chairperson’s opening remarks

The Chairperson indicated that the Committee would be considering and adopting the Committee Report on the Prevention and Combating of Hate Crimes and Hate Speech Bill [B9B-2018] today.

The original programme for today’s meeting would have included the briefing on other pieces of legislation. But, upon receiving the notification that they would be dealt with next week, the Committee adjusted the programme for today accordingly.

Mr Motsamai’s clarification from last week’s meeting

Mr K Motsamai (EFF, Gauteng) stated that he had to clarify something before the Committee delved into its business of the day.

During the Committee’s last meeting, he was aware that Committee Members were confused with his voting due to his poor internet connectivity. He clarified that he had supported having Mr G Michalakis’s (DA, Free State) alternative proposal formally tabled to the Committee. But as an organisation, the Economic Freedom Fighters had been supporting the Bill when the Bill was still at the National Assembly.

The Chairperson noted his clarification and was certain that Mr Motsamai had had time to read through the Committee Report which accurately captured what had transpired.

Mr Motsamai further added that he had supported Mr C Dodovu (ANC, North West) when he had proposed that the maximum sentencing should be reduced to five years. Thus, it would not make sense if he suddenly supported eight years maximum sentencing.

The Chairperson appreciated his input.

Report of the Select Committee on Security and Justice on the Prevention and Combating of Hate Crimes and Hate Speech Bill [B9B-2018] (National Assembly – sec 75)

Committee staff took Members through the report.

Mr Michalakis indicated that he had made a submission which was supplementary to the Committee report to reflect the minority view. In terms of Rule 122(4) of the National Council of Provinces, minority view should be reflected in the Committee Report. He thus requested for that view to be included in the report.

Mr Dodovu remarked that this was a good Committee Report as it included all the issues which Members had deliberated on. He described the Bill as one of those bills that was critical in the lives of South Africans and the journey to get to this stage has not been an easy process.

He appreciated that the Committee had made amendments on the issue of penalty - that it be reduced to five years. Further, the Committee also agreed upon embarking on processes of social cohesion to tackle the hate crime and hate speech issue going forward. This Bill is critical to deal with hate crimes and hate speech which South Africans experience on a daily basis.

The Chairperson noted Mr Dodovu’s view and agreed that, as a country, it is dealing with the scourge of the crimes of hate crimes and hate speech.

The adoption of the Committee Report received majority support including the support of the Economic Freedom Fighters. No objection was recorded.

The Chairperson thanked the National Prosecuting Authority, Committee Members, department staff, legal advisors, etc. for their input. Whilst recognising the urgent need for this Bill, she highlighted that it is sad that black people, the majority in this country, are still being demonised in society. Such behaviour has no place in the new democracy in the country. With the rise of social media, hatred and prejudice against vulnerable groups became more common. This Bill fills that gap and ensures every citizen is respectful towards others. The creation of a statutory crime sends a clear message to those perpetrators.

She indicated that the Bill would be debated in the House next week on Wednesday.

The Chairperson adjourned the meeting