President Cyril Ramaphosa has given his approval to the Preventing and Combating of Hate Crimes and Hate Speech Bill, which criminalises hate crimes and hate speech. “This legislative measure gives 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,” said the Presidency.
“The Bill of Rights gives everyone the right to dignity and gives everyone the right to freedom and security of the person, which includes the right to be free from all forms of violence from either public or private sources.” The definition of the crime extends to offences targeting the victim’s association with or support for a person with one or more of the listed characteristics or a group of persons who share these characteristics.
However, the law does not consider actions undertaken in good faith during engagement as part of hate speech.