Ramaphosa signs hate crimes and hate speech bill into law

President Cyril Ramaphosa has signed the Preventing and Combating of Hate Crimes and Hate Speech Bill into law.

The legislation, which was passed by Parliament in December, addresses hate speech and hate crimes and the prosecution of people who commit these offences.

Racism, racial discrimination, xenophobia and related intolerance

The spokesperson of the president, Vincent Magwenya, said: “This legislative measure gives effect to South Africa’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.”

South Africa’s Bill of Rights, in Section 9 of the Constitution, prohibits direct or indirect unfair discrimination against anyone on the basis of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, or place of birth.

Magwenya said the new Prevention and Combating of Hate Crimes and Hate Speech Act calls for the gathering and recording of data on hate crimes and hate speech, the prevention of hate crimes and hate speech, and the implementation of effective enforcement measures.

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Hate crime definition

“A hate crime is committed if a person commits any recognised offence under any law that is motivated by prejudice or intolerance on the basis of one or more characteristics or perceived characteristics of the victim, as listed in the legislation, or a family member of the victim,” the spokesperson said.

The definition also includes acts that target the victim’s support or affiliation with an individual who possesses one or more of the specified traits or with a group of individuals who share these traits.

Hate speech definition

“The offence of hate speech applies to any person who intentionally publishes, propagates, advocates, shares or communicates anything to one or more persons in a manner that could reasonably be construed to demonstrate a clear intention to be harmful or to incite harm and to promote or propagate hatred based on defined grounds,” Magwenya said.

He added that it is illegal for someone to knowingly distribute or make speech material available through electronic communication when they know that such communication is hate speech.

Excluded in law

What is done in good faith during an exchange of ideas is not considered hate speech under the law, including:

• Artistic creativity, performance or other form of expression;

• Academic or scientific inquiry;

• Fair and accurate reporting or commentary in the public interest;

• Interpretation and articulating or espousing of any religious conviction, tenet, belief, teaching, doctrine or writings, that does not advocate hatred or constitutes incitement to cause harm.

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In order to ensure that the newly defined crimes are processed effectively, the law also specifies training requirements and other actions that the National Prosecuting Authority (NPA) and the South African Police Service (Saps) must perform.