Neelam Rahim / neelam@radioislam.co.za

3-minute read
09 February 2023 / 16:42 CAT

Photo: Wikipedia

The Prevention and Combatting of Hate Crimes and Hate Speech Bill, which could see offenders’ receiving jail sentences, is turning out to be a political hot potato in Parliament.

The Bill has been in the pipeline for more than four years, but it’s only now that the justice committee is finalising it. Last week tensions simmered over suggestions by Deputy Justice Minister John Jeffery that it was primarily white Afrikaners, who are supporters of the Freedom Front Plus, who committed hate crimes.

The Bill will criminalise hate speech that could result in eight years of jail time for saying something that incites harm. A significant departure from where freedom of speech has been in this country which is a central pillar of democracy.

Speaking to Radio Islam International, Executive Director of Freedom of Religion South Africa, Michael Swain, said the Bill is a very dangerous legislation.

According to Swain, the types of harm are a severe component of the Bill for which one could see themself up in court. These may include emotional and social harm.

“The terms of the Bill are so loose, vague, open and potentially hypothetical as there is no causality of requirement,” he added.

Hate speech criminalised is a weapon that can be used. Unless there are robust defences or exemptions, the legislation could be of much concern as the Bill would make it easier to go to jail than to apologise.

Meanwhile, Swain suggests the way forward is the awakening of society.

“People of faith particularly need to be aware and deeply concerned that some of the foundational value they hold, things that are part of their human dignity, who they are, what they believe and how they love their life could be potentially criminalised if we do not wake up and push back against this piece of legislation,” he says.

Listen to the interview with Mufti Yusuf Moosagie and Michael Swain on Radio Islam’s podcast.