The chairperson of a Parliamentary Committee said South Africans would be pleased with the Hate Crimes and Hate Speech Bill.
Dr. Mathole Motshekga said this was especially so in light of the increasing intolerance being witnessed in the country recently.
The Portfolio Committee on Justice and Correctional Services on Wednesday received a briefing on the Bill, which aims to criminalise both hate crimes and speech.
In terms of the Bill, such offences will only be heard in high and regional courts, where
experienced officers will be able to adjudicate.
“The Bill makes it a hate crime if a person commits any recognised offence under the law, referred to as the “base crime or offence”, if the commission of that offence is motivated by prejudice or intolerance on the basis of one or more characteristics or perceived characteristics of the victim, as listed in the Bill,” Motshekga said.
He said the offence of hate speech is created and makes provision for any person who intentionally publishes, propagates or advocates anything or communicates to one or more persons in a manner that could be reasonably construed to demonstrate a clear intention to be harmful, or to incite or to promote or propagate hatred based on several categories.
“These include, among others: age, albinism, birth, colour, culture, disability, ethnic or social origin, gender, HIV status, language, nationality, and sex”.
Motshekga said the Bill also allows for exclusions, such as freedom of the press and other media, freedom to receive or impart information or ideas, freedom of artistic creativity, academic freedom and freedom of scientific research.
“The committee heard that should a person be convicted of hate crimes, the Bill provides for the courts to impose sentencing, including imprisonment, periodical imprisonment, a fine and correctional supervision, depending on the base crime,” he said.
In terms of hate speech, the Bill makes provision for imprisonment for a period not exceeding three years in the case of a first conviction, or a fine or imprisonment for a period not exceeding five years in the case of a subsequent conviction.
The Bill does not provide for alternatives such as restorative justice.
Dr. Motshekga said the committee appreciates the urgency of the matter, nonetheless, the committee would first like to consider the matter for greater clarity, before it decides on the way forward.
