Jon Qwelane South Africa reports prevention Bill Gay Jon Qwelane South Africa

Hate speech concerns dominate Hate Crimes Bill hearings

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mambaonline.com

Three days of public hearings about the controversial Prevention and Combating of Hate Crimes and Hate Speech Bill kicked off on Tuesday. If passed, the bill will create the criminal offence of hate crimes, a move that will help improve the documenting, reporting and prosecution of these kinds of crimes.

Hate speech will also be made a criminal offence, with some exceptions. The Hate Crimes Bill was first published in 2016 and was introduced in Parliament in 2018 but stalled as lawmakers decided to wait for the Constitutional Court to rule on the constitutionality of hate speech as defined in the Promotion of Equality and Prevention of Unfair Discrimination Amendment Act (PEPUDA).

The legislative process finally resumed last year after the Constitutional Court found that Jon Qwelane’s infamous homophobic 2008 article, Call me names, but gay is NOT okay, was indeed hate speech.

Importantly, the ruling also revised the constitutional definition of hate speech in the PEPUDA. On Tuesday, hosted by Parliament’s Portfolio Committee on Justice and Correctional Services, several organisations presented their views and concerns about the long-delayed legislation.

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