The Prevention and Combating of Hate Crimes and Hate Speech Bill is  currently before Parliament.

The Bill aims to:

Give effect to the obligations in terms of the Constitution and international human rights instruments concerning racism, racial discrimination, xenophobia, and related intolerance;
Provide for the prevention of hate crimes and hate speech; and
Provide for the offence of hate crime and the offence of hate speech as well as the prosecution and appropriate sentencing for persons who commit those offences.

Racism, misogyny , xenophobia, homophobia and other forms of hare are  rife in South Africa. However, the Bill risks limiting free speech

It limits freedom of expression, beyond the limitations created by the Constitution, current legislation and the common law;

Vague and broad definitions allow for potential abuse in curbing speech that is unpopular, critical or political;

It fails to differentiate between speech which is harmful and speech which is offensive;

Both the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) and the common law crime of crimen injuria already make provision for appropriate redress and punishment.

 

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