Watch YOUR WORDS

New legislation in our country is proposing stricter punishment for hate speech. Should people go to prison for things they say? And how do we define hate? The debate continues...

Some people are quick to declare or act on their prejudices or dislike towards those they consider inferior to them, whether this perception is based on social class, race, sexual orientation, faith, gender or nationality. This is when dislike can turn to hatred, which can result in a crime. Even though a hate crime may be targeted at a single victim, it is really directed at entire communities or groups.

As such, these crimes undermine efforts to create an equal society and to maintain social cohesion.

A CALL FOR STRICTER LAWS

Under SA's Equality Act (or to give its full name, the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000), hate crimes are punishable by fines or an order for a formal apology.

While this Act allows most cases to be settled in civil suits in the Equality Court, the Department of Justice believes that both hate crimes and hate speech should be criminalised, with a prison sentence of up to eight years.

John Jeffery, Deputy Minister of Justice and Constitutional Development, states that the new Prevention and Combating of Hate Crimes and Hate Speech Bill has been drafted to help victims as well as to address the nation's growing number of incidents motivated by virulent prejudice.

"The Bill will allow South Africa to more effectively investigate and prosecute hate crimes. It will enable us to record hate crimes and ensure that the cases are victimcentred, and that directives are issued to police and prosecution as to how to deal with hate crimes."

HATE CRIMES IN SA 

Other than the research and documentation conducted by advocacy groups on topics like xenophobia and the LGBTQIA+ communities, there is limited data on hate crimes in South Africa.