ANC welcomes the President’s assent to the Hate Crimes and Hate Speech Act

10 May 2024

The ANC welcomes the President’s assent to the Prevention and Combating of Hate Crimes and Hate Speech Act. This is an extremely important piece of legislation and one which will further strengthen acceptance of diversity in our country.

In 1994, South Africa was held as a shining beacon to the world. Social cohesion and celebrating diversity earned us the respect of the world.

However, in present day South Africa we still find people infringing the human dignity of others by discriminating against them on the basis of some or other characteristic like race, sexual orientation, gender, religion and so on.

Racism, xenophobia and hatred is still part of the society we live in today. We are all familiar with names like Penny Sparrow and Vicky Momberg for their racist and degrading remarks towards black people. We think of the article by the late journalist Jon Qwelane which targeted gay people. We see political leaders making xenophobic and ethnically-charged utterances daily. There is no place for such hatred in our country.

This new Act will bring a change. It will send a strong message that racism, xenophobia, discrimination, hatred and prejudice will not be tolerated and those who are found committing these offences will be dealt with by the law.

Hate Crimes are crimes motivated by a hatred of the particular group the victim is perceived to belong to. There is a need to have legislation specifically dealing with hate crimes. This is what this new Act will ensure. It will ensure that these crimes are accurately recorded and also that the voices of the victims of these crimes are heard.

The Act also introduces the offence of hate speech. Any person who intentionally publishes, propagates, or advocates anything or communicates anything 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; and promote or propagate hatred, based on a number of specific grounds would be guilty of the offence of hate speech.

These grounds include, amongst others, albinism, ethnic or social origin, gender, HIV and AIDS status, nationality, migrant or refugee status or asylum seekers, race, religion, sex or sexual orientation, gender identity or expression or sex characteristics.

“Some people have said that the Act will infringe of freedom of speech. But there is a line where speech advocates hatred and constitutes incitement to cause harm. They forget that when a person’s words cross that line it becomes hate speech and it is no longer protected speech,” said ANC secretary-general, Fikile Mbalula.

The Act does not limit freedom of speech and anything said as bona fide artistic creativity, performance or expression, academic or scientific inquiry or media reporting, or the interpretation and proselytising or espousing of any religious tenet, belief, teaching, doctrine or writing will not be regarded as hate speech unless it very clearly incites others to violence.

“As a nation we can never forget the severity of the emotional and psychological impact of hate crimes and hate speech. Thirty years after democracy people can’t still have people using the k-word or any other derogatory words or utterances which depict people’s race, sexual orientation, ethnicity and so forth. We believe in a South Africa which belongs to all who live in it, united in our diversity,” the secretary-general said.

Issued by Mahlengi Bhengu-Motsiri, National Spokesperson, ANC, 10 May 2024