President Cyril Ramaphosa has approved the Preventing and Combating of Hate Crimes and Hate Speech Bill, which criminalizes hate crimes and hate speech. The law aligns with South Africa's constitutional and international human rights obligations, aiming to address racism, racial discrimination, xenophobia, and related intolerance. It outlines the prosecution process for individuals who commit these offenses.
The Bill of Rights in the Constitution prohibits discrimination based on various grounds, emphasizing human dignity, equality, and the right to freedom from violence. The new law provides for the prevention of hate crimes and hate speech, effective enforcement measures, and data collection on these incidents.
A hate crime is defined as an offense motivated by prejudice or intolerance based on characteristics of the victim. Hate speech applies to intentional communication promoting hatred based on defined grounds. However, actions undertaken in good faith, such as artistic expression, academic inquiry, and fair reporting, are excluded from hate speech.
The law also mandates training and other measures for the South African Police Service (SAPS) and the National Prosecuting Authority (NPA) to ensure effective handling of these crimes.
