Ml Muhammad Bham | mbham@radioislam.co.za
9 May 2023 | 16:30 CAT
3 min read

Photo Credit: Dept of Justice & Constitutional Development

Time is running out for South Africans to make submissions on the Prevention and Combating of Hate Crime and Hate Speech Bill.

The Bill seeks to give effect to the state’s constitutional and international obligations in combatting racism, racial discrimination, xenophobia, and related intolerance by outlining hate crimes and hate speech as offences. It seeks to provide appropriate sentences for individuals who commit hate crimes and hate speech offences.

The Bill was first introduced by the Department of Justice in 2017, and the faith communities across South Africa, including solid representation from the Islamic faith, protested against this Bill because it criminalises hate speech, which should be the absolute last resort.

The United Nations says that more speech is better than less speech, and even the Rabat Declaration says that criminalising hate speech should be done as an absolute last resort.

Michael Swain, Freedom of Religion South Africa’s Executive Director, said there seems to be a headlong rush into this; they started in 2017 and objected to this Bill because there was no proper protection for legitimate bona fide religious expressions.

The argument is not about speech that advocates hatred or incites harm but rather speech that might be conservative, politically incorrect, or offend someone.

The Bill then went to the National Assembly, and in 2021, 100 000 people still protested against the Bill because the government seemed to ignore the first round of arguments.

The Bill is before the National Council of Provinces, the last house of parliament and the final chance for comment on the Bill.

The current Bill has not changed; according to Swain, it has gone in the wrong direction.

The public only has until 22 May 2023 to comment regarding the Bill.

One of the main concerns with the Bill is that the broader hate speech is defined, the more speech can be criminalised. This Bill doesn’t also define hate, which means there is a hate speech bill without a definition of what hate means. Then there is the definition of harm, where harm will not be physical but substantial emotional harm.

Then there is social harm undermining the fabric of South African Society. These words can be so loose and so open to interpretations.

Listen to the full interview with Ml Sulaimaan Ravat on Sabahul Muslim here