Prevention and Combating of Hate Crimes and Hate Speech

Updated:

2019-02-14

Note on progress:

Available for comment until 31 January 2019 - access for Bill Tracker subscribers

Originator:

Minister of Justice and Correctional Services

Draft Bill

Draft bill full text:

Text available on the Department of Justice and Correctional Services website

Year of publication:

2016

Publication for comment (draft bill):

Invitation for comment available on the Department of Justice and Correctional Service website and in the Government Gazette
Text available on the Department of Justice and Correctional Services website
Also see Politicsweb

Explanatory summary:

Published in GG 41543 of 29 March 2018 - access for Government Gazette subscribers

Hearings, briefings and submissions on draft bill:

Submission to the Department of Justice and Constitutional Development regarding the draft Prevention and Combating of Hate Crimes and Hate Speech Bill of 2016 - South African Institute of Race Relations (2017-02-01)
Submission in response to the Prevention and Combating of Hate Crimes and Hate Speech Bill - Helen Suzman Foundation (2017-02-01)
Submission on the Hate Crimes and Hate Speech Bill - Right to freedom of expression under attack - FW de Klerk Foundation (2017-02-03)

Bill

Bill number:

B9-2018

Year of publication:

2018

Bill full text:

Access for Bill Tracker subscribers

Further Information

SabinetLaw articles:

Racism Bill Expected Soon

Draft Bill for Dealing with Hate Crimes in the Pipeline

Draft Hate Crimes Bill in the Pipeline

Hate Speech Bill in the Pipeline

Hate Speech Bill Under Construction

Draft Hate Crimes Bill on Track

Comment Called on Hate Crimes and Hate Speech Bill

Comment Sought on Draft Hate Crimes and Hate Speech Bill

Comment Extended on Hate Crimes Bill

Draft Hate Crimes and Hate Speech Bill on Track

Draft Hate Crimes and Hate Speech Bill Under Construction

Hate Crimes Bill on Track

Hate Speech Bill to be Tabled Soon

Hate Speech Bill Tabled in Parliament

Parliament Briefed on Hate Crimes Bill

Benefits of Hate Speech Bill Highlighted

Jeffery Shines Spotlight on Hate Crimes Legislation

Parliament Seeks Comment on Hate Crimes Bill

News articles:

Bill to cover hate crimes draws warnings - Business Day (2014-10-23)
Bid for hate speech to be legally criminal - IOL (2016-03-15)
Justice Dept considering new laws against racism - Polity.org.za (2016-05-12)
Racism legislation could take years to enact - Polity.org.za (2016-05-16)
Hate speech included in draft bill to criminalise racism - Pretoria News (2016-05-16)
Intolerance of racism mounts in Parliament - Times Live (2016-05-24)
Racism Bill ready for public participation - The New Age (2016-05-24)
Hate speech the focus of new bill - The New Age (2016-05-29)
Should SA create a special law to criminalise racism? - IOL (2016-06-13)
Cabinet approves bill criminalising hate crimes and hate speech - Polity.org.za (2016-10-20)
SA a step closer xenophobia, hate speech law - IOL (2016-10-24)
Anti-hate speech bill passed for public comment - The Citizen (2016-10-24)
Racists could spend up to 10 years behind bars - IOL (2016-10-25)
New bill could jail SA comedians for 10 years - channel24 (2016-20-30)
Hate speech is not a hate crime - Mail & Guardian (2016-11-02)
Striking a balance: Here's what's behind SA's hate speech dilemma - The Citizen (2016-11-12)
Consultation period on hate crimes bill extended - Eyewitness News (2016-11-16)
Hate speech bill delayed for more submissions - Polity.org.za (2016-11-17)
More time for hate crimes bill - Business Day (2016-11-18)
Hate crimes bill 'makes sense' but tweaks and contributions are needed - City Press (2016-11-22)
Hate speech bill is so menacing and wide it will curb our freedom severely - Business Day (2016-12-12)
AfriForum will oppose hate speech Bill in court - Polity.org.za (2017-01-31)
'You can go to jail for 3 years if you say all politicians are thieving liars' - Times Live (2017-01-31)
New laws attack the word of God, say Christian leaders - IOL (2017-01-31)
Anthea Jeffery: The 'Hate' Bill - Unnecessary, unconstitutional and likely to be deeply damaging - Fin24 (2017-01-31)
DA to challenge ANC's Hate Crimes Bill in parliament - Times Live (2017-02-12)
'Hate Speech Bill won't affect commentators' - SABC News (2017-02-14)
Hate speech Bill should be abandoned - former Judge - Polity.org.za (2017-02-15)
Former judge slams hate speech bill as unlawful - Times Live (2017-02-15)
Hate speech law may well curb all manner of freedoms - Business Day (2017-02-15)
Comedians fight bill that will limit the freedoms that keep us laughing - Business Day (2017-02-21)
Opinion: Civil redress better than policing hate - Mail & Guardian (2017-03-01)
Teachers, preachers, doctors, police and politicians to blame for hate crimes - News24 (2018-02-08)
Most victims of hate crime in SA are black, male and foreign - The Times (2018-02-08)
Long-awaited anti-hate speech bill before cabinet - Minister Mthethwa - Weekly Expose (2018-02-06)
Hate Speech Bill to be finalised soon - The Citizen (2018-03-07)
5 major new laws that every South African needs to know about - BusinessTech (2018-03-09)
Racists to face jail time as bill tabled in Parliament - Eyewitness News (2018-04-16)
Committee considering Bill that criminalises hate crimes and hate speech - Polity.org.za (2018-05-30)
Committee stalls on hate crimes bill - The New Age (2018-05-31)
Justice and Correctional committee considering hate crimes and hate speech bill - SA Breaking News (2018-05-31)
MPs raise concerns over new hate speech bill - SA Life (2018-05-31)
So what's the status of South Africa's Hate Crimes Bill? - Mamba Onlnie (2018-07-17)
Have your say on Hate Crimes Bill - IOL (2018-12-11)

Speeches and statements:

Why this hate legislation is needed - media briefing by Michael Masutha, Minister of Justice and Correctional Services - Politicsweb (2016-10-24)
Bill may become instrument of power abuse by ANC govt - statement by Ernst Roets, AfriForum - Politicsweb (2016-10-25)
Justice and Constitutional Development extends deadline for inputs on Prevention and Combating of Hate Crimes and Hate Speech Bill - statement by the Department of Justice and Constitutional Development - GCIS (2016-11-16)
Hate Crimes Bill concerning - statement by M Gallens, SANEF Chairperson - Politicsweb (2016-11-22)
Hate crime and hate speech bill national consultative workshop - keynote address by J Jefferry, Deputy Minister of Justice and Constitutional Development - GCIS (2017-01-26)
Hate Crimes Bill must be framed as to make practical implementation possible - C Zeifert, South African Jewish Board of Deputies - Politicsweb (2017-01-30)
New Hate Speech Bill turns petty insults into a crime with 3 years in jail - statement by J Boccaleone, FMF - Politicsweb (2017-01-31)
Scrap the draft Hate Speech Bill! - statement by the Right2Know Campaign - Politicsweb (2017-02-03)
Parliament must fast-track Hate Speech Bill - ANC NEC - statement by G Mantashe, Secretery-General of the ANC - Politicsweb (2017-03-27)
FMF fears return to apartheid thinking - statement by the Free Market Foundation - IT-Online (2017-05-18)
Justice and Constitutional Development approves Hate Crimes and Hate Speech Bill - statement by the DOJCD - GCIS (2018-03-15)
Hate speech bill opens door for profound misuse - statement by F Redelinghuys, Solidarity - Politicsweb (2018-05-31)
Hate Speech Bill will fail miserably - statement by M Greeff, Afriforum - Politicsweb (2019-02-13)

Articles on the Web:

Is it really a good idea to make racist behaviour a crime? - B Meersman (2016-05-23)
Hopes and fears about hate crime legislation - GroundUp (2016-06-15)
Beware "racism" scares - J Kane-Berman, Institute of Race Relations (2016-08-22)
Hate Bill is an Orwellian piece of stupidity - W Saunderson-Meyer (2016-10-28)
The Hate Speech Bill: A road to hell paved with good intentions? - J van der Merwe (2016-10-29)
Anti-hate speech bill introduces new business risks - R Davies, CFG (2016-11-04)
The devil is in the detail of the Hate Bill - J Kane-Berman, Institute of Race Relations (2016-11-13)
Ridicule is costly: Red lights flash for Zapiro if the hate speech bill passes muster - D Carolissen (2016-12-01)
Is it constitutional to make hate speech an offence? - S Abdool Karim, GroundUp (2017-01-17)
Intolerant and unsociable behaviour to be legislated against - TM Booysen, CGF Research Institute (2016-01-18)
False remedy: Hate Speech Bill - alarm at dangers and pitfalls as first deadline closes - M Thamm, Daily Maverick (2017-01-30)
The Hate Bill should be abandoned - A Jeffery, SAIRR (2017-01-31)
The dangers of the Hate Bill - R Griffin, HSF (2017-02-01)
Preaching withouth incitement - J Jeffery, Deputy Minister of Justice and Constitutional Development (2017-02-01)
The Hate Bill draws the right line in the wrong place - M Maimane, DA (2017-02-03)
Op-Ed: The Hate Speech Bill is onconstitutional and can't be saved - K Perumalsamy (2017-03-27)
New hate speech law is cynical political ploy to demonise white people - R van Schalkwyk, FMF (2017-04-24)
The Hate Speech Bill criminalises all speech - M van Staden, Free Market Foundation - Politicsweb (2017-05-02)
Why more criminalising of hate speech is a bad idea - S Bornman (2017-06-13)
On the revised Hate Speech Bill 2018 - P Dube, Centre for Constitutional Rights (2018-04-18)
The new dawn of a glorious hate-free future - W Saunderson-Meyer (2018-04-21)
The Hate Speech Bill: A better alternative - A Donaldson (2018-06-02)
Can social change be legislated?- Z Dawood, Centre for Unity in Diversity (2018-06-11)
Evaluating the new Hate Speech Bill - M Oppenheimer (2018-07-03)
Exploring the constitutional definition of hate speech - M van Staden, Free Market Foundation (2019-01-01)

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