New bill to help prevent hate crimes

JUSTICE and Correctional Services Minister Michael Masutha has called on South Africans to make their contributions to the Prevention and Combating of Hate Crimes and Hate Speech Bill. Masutha said the bill will assist in dealing with recurring incidences of racial, xenophobic and related intolerances.

“We are clear that this Bill itself may not end racism and other intolerances but will create an instrument that will hold those guilty of committing acts accountable before the law,” Minister Masutha said.

He said a hate crime is committed if a person commits any recognised offence, that is a common law or statutory offence (referred to as the “base crime or offence”) and the commission of that offence is motivated by unlawful bias, prejudice or intolerance.

“The prejudice, bias or intolerance towards the victim of the hate crime would be because of one or more of the following characteristics, or perceived characteristics, of the victim’s next of kin: race, gender, sex, ethnic or social origin, colour, sexual orientation, religion, belief, culture, language, birth, HIV status, nationality, gender identity, intersex, albinism and occupation or trade,” the Minister said.

The bill has been published for public comment in the Government Gazzette and can be accessed on www.justice.gov.za. Interested parties and individuals may make inputs until 1 December.