Parliament, Wednesday, 18 May 2022 – The Portfolio Committee on Justice and Correctional Services today concluded its public hearings on the Prevention and Combating of Hate Crimes and Hate Speech Bill.
Committee Chairperson Mr Bulelani Magwanishe said the committee held one day of public hearings last term in March and the past two days were set aside for the remainder of the hearings when the committee heard from 13 organisations, including the Congress of South African Trade Unions (COSATU), AfriForum, the Legal Resources Centre, ANC Women’s League, LGBTIA, Cause of Justice, Media Monitoring Africa, the Association for Christian Media and the Consortium for Refugees and Migrants in South Africa.
There were mixed views on the proposed amendments, with some promoting the speedy passage of the law and other saying that the Bill in its current form is unconstitutional.
Mr Magwanishe said the purpose of the Bill is to give effect to South Africa’s obligations in terms of the Constitution and international human rights instruments concerning racism, racial discrimination, xenophobia and related intolerance, in accordance with international law obligations. The Bill further aims to provide for the offence of hate crime and the offence of hate speech and the prosecution of persons who commit those offences, provide for appropriate sentences that may be imposed on persons who commit hate crime and hate speech offences, provide for the prevention of hate crimes and hate speech, provide for the reporting on the implementation, application and administration of this Act and effect consequential amendments to certain Acts of Parliament.
Same Love Toti told the committee that LTGBQIA people are currently not safe in South Africa and the rights of minorities are not respected. They believe this legislation will improve this situation. COSATU, meanwhile, supported the speedy passage of the proposed legislation with minor amendments. Media Monitoring SA, Afriforum and the Campaign for Free Expression are of the view that the Bill in its current form is unconstitutional.
Mr Magwanishe said in closing that all presenters made valuable inputs that enriched the work of the committee. The committee is likely to deliberate and finalise the Bill after the parliamentary recess, as it is currently deliberating on two other pieces of legislation.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON JUSTICE AND CORRECTIONAL SERVICES, MR BULELANI MAGWANISHE.
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Name: Rajaa Azzakani (Ms)
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E-mail: razzakani@parliament.gov.za
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