Bill proposes jail for hate crimes

IF the Prevention of Hate Crimes and Hate Speech Bill was already enacted, Penny Sparrow, Matthew Theunissen and Mabel Jansen could have found themselves behind bars.

The bill, released for public comment this week, criminalises hate speech and actions and makes provision for perpetrators to spend up to 10 years in jail.

The bill defines a hate crime as one in which a person is “motivated on the basis of that person’s prejudice, bias or intolerance toward the victim based on perceived characteristics which include among others race, gender, sex, ethnic, religion, HIV status and occupation or trade”. It states that: ý Any person who intentionally, in any manner displays any material or makes available any material, including via “electronic communication” which is capable of being communicated and which constitutes hate speech is guilty of an offence;

ý Any person found guilty of inciting violence on the basis of prejudice, bias or intolerance will be dealt with by the law, and

ý Sentences range from a fine to up to 10 years’ imprisonment, or both.

Sanja Bornman, an attorney with Lawyers for Human Rights, welcomed the bill, saying it was the first time hate crimes had been recognised.

“This is important because hate crimes are message crimes – a message not only to individual victims, but to the whole group of people the victim belongs to or is perceived to belong to. In this way, hate crimes affect whole communities,” she said.

Out, an organisation representing the Lesbian, Gay, Bisexual and Transgender community, said the bill was long overdue.