New bill preventing hate crimes up for public comment

THE Justice and Correctional Services Department hopes that a new bill, currently before Parliament, will clamp down on violent hate crimes.

The Prevention and Combating of Hate Crimes and Hate Speech Bill is currently up for public comment.

The public has until next month to make their views on the bill.

The summary of the bill says the Bill of Rights gives everyone the right to freedom of expression.

“This right is, however, limited in that it does not extend to propaganda for war, incitement to imminent violence or advocacy of hatred that is based on race, ethnicity, gender or religion, which constitutes incitement to cause harm.”

It states that the state must, in terms of section 7(2) of the Constitution, ‘‘respect, protect, promote and fulfil the rights in the Bill of Rights’’.

“It is against this backdrop that the Prevention and Combating of Hate Crimes and Hate Speech Bill has its origins.

“The bill is intended to address frequently occurring and sometimes violent conduct of persons who are motivated by clear and defined prejudices,” reads the bill’s summary.

The bill provides for the offence of hate crime and hate speech, as well as the prosecution of persons who commit those offences.

“Any person who intentionally publishes, propagates or advocates anything or communicates to one or more persons in a manner that could reasonably be construed to demonstrate a clear intention to be harmful or to incite harm or to promote or propagate hatred based on age, albinism, birth, colour, culture, disability, ethnic or social origin, gender or gender identity, HIV status, language, nationality or migrant or refugee status, race, religion, sex, which includes intersex or sexual orientation, is guilty of the offence of hate speech.”

It also makes it an offence when hate speech material is intentionally distributed or made available in cyberspace.

There is also a fine or imprisonment for a period not exceeding three years in the case of a first conviction.

Repeat offenders may be fined or imprisoned for a period not exceeding five years.

Comments can be emailed to V Ramaano at vramaano@parliament. gov.za by no later than February 15.