South Africa poised to bolster penalties for homophobic attacks, hate speech
The South African government is one step closer to ensuring any form of homophobia will be subject to hefty penalties that could include a lengthy prison sentence.
Deputy Justice and Constitutional Development Minister John Jeffery on Nov. 22noted the Prevention and Combatting of Hate Crimes and Hate Speech Bill is now waiting approval in the country’s Parliament.
President Cyril Ramaphosa will then sign it into law once it is approved. First introduced in Parliament in 2018, the bill has been contested on its viability and how it would help protect people in South Africa against hate crimes and hate speech, particularly based on race, ethnicity, gender, sexual orientation or any other form of discrimination.
MPs approved the bill in March and then sent it to the National Council of Provinces, which approved it on Nov. 17. The Justice and Correctional Services Committee approved the NCOP’s recommendations last Wednesday. “Section 3 of the bill defines a hate crime as an offense committed where the offender is motivated by prejudice or intolerance towards the victim of the crime because of specified characteristics or perceived characteristics of the victim or another person associated with the victim,” reads a Parliament press release about the bill. “These characteristics listed as grounds that could constitute a hate crime include age, albinism, birth, color, culture, disability, ethnic or social origin, gender or gender identity, HIV status, language, nationality, migrant or refugee status, occupation or trade, political affiliation or conviction, race, religion, sex, which includes intersex or sexual orientation.” The press release further notes Section 4 of the bill defines hate speech “as the intentional publishing or communicating of anything that can incite harm or promote hate based on grounds, including, among others, age, sexual orientation and race.” “The bill also provides for penalties such as fines, imprisonment or both for those who are convicted of
