South Africa: President approves bill to criminalize hate crimes, hate speech

President Cyril Ramaphosa has given his assent to the Prevention and Combating of Hate Crimes and Hate Speech Bill, which criminalises hate crimes and hate speech.

The Act also details the prosecution process for people who commit these offences.

“This legislative measure gives effect to South Africa’s obligations under the Constitution and international human rights instruments relating to racism, racial discrimination, xenophobia and related intolerance, consistent with obligations under international law,” the presidency explained in a statement on Thursday.

According to the declaration, the constitution sets out certain fundamental values, including human dignity, the achievement of equality and the promotion of human rights and freedoms, and non-racism and non-sexism.

The Bill of Rights, in Section 9 of the Constitution, prohibits direct or indirect unfair discrimination against anyone on the grounds of race, gender, sex, pregnancy, marital status, ethnic or social origin, skin colour, sexual orientation, age, disability, religion, conscience, belief , culture, language and birth.

“The Bill of Rights gives everyone the right to dignity and gives everyone the right to liberty and security of the person, which includes the right to be free from all forms of violence from either public or private sources.”

The Office of the President explained that the new law on preventing and combating hate crimes and hate speech provides for the prevention of hate crimes and hate speech, effective enforcement measures, and the collection and recording of data on hate crimes and hate speech.

“A hate crime is committed if a person commits a recognized offense under a law that is motivated by prejudice or intolerance based on one or more characteristics or perceived characteristics of the victim, as specified in the legislation, or a family member of the victim.”

The definition of the crime, the presidency said, extends to offenses aimed at the victim’s association with or support of a person with one or more of the characteristics mentioned or a group of people who share these characteristics.

“The crime of hate speech applies to any person who intentionally publishes, disseminates, advocates, shares or communicates anything to one or more persons in a manner that could reasonably be interpreted as demonstrating a clear intent to be harmful or to incite to harm and to promote or spread hatred based on defined grounds.

“The law also makes it a criminal offense when speech material is intentionally distributed or made available in electronic communication, and the said person knows that such electronic communication constitutes hate speech.”

However, the law does not consider acts done in good faith under engagement as part of hate speech.

These acts include artistic creativity, performance or other forms of expression; academic or scientific research; and fair and accurate reporting or commentary in the public interest.

It also excludes the interpretation and articulation or indictment of any religious belief, principle, faith, teaching, doctrine or scripture that does not advocate hatred or constitute incitement to cause harm.

The Act also contains directives on training and other measures to be implemented by the South African Police Service (SAPS) and the National Prosecuting Authority (NPA) to ensure the effective handling of the newly defined crimes.