Debates on hate crimes bill

If the Prevention and Combating of Hate Crimes and Hate Speech Bill was already enacted, Penny Sparrow, Matthew Theunissen and Mabel Jansen could have now been behind bars.

The bill, published this week for public comment, criminalises hate speech and actions and makes provision for perpetrators to spend up to 10 years in prison.

It defines a hate crime as one in which a person is "motivated on the basis of that person's prejudice, bias or intolerance towards the victim based on perceived characteristics which include among others race, gender, sex, ethnic, religion, HIV status and occupation or trade".

It further states that:

• Any person who intentionally, in any manner displays material or makes available material, including via "electronic communication" which is capable of being communicated and which constitutes hate speech will be guilty of an offence;
• Any person found guilty of inciting violence on the basis of prejudice, bias or intolerance will be dealt with by the law; and
• Sentences will range from a fine to up to 10 years' imprisonment or both.

Sanja Bornman of Lawyers for Human Rights welcomed the bill, saying it was important to note that it is the first time that hate crimes have been recognised.

Bornman said: "This is important because hate crimes are message crimes - a message not only to individual victims but to the whole group of people the victims belong to or is perceived to belong to. In this way, hate crimes affect the whole communities."

Representing the lesbian, gay, bisexual and transgender community, OUT said the bill was long overdue considering what they were faced with on a daily basis.

The organisation's Lerato Phalakatshela said: "Victims are often afraid to report these crimes to the police as sometimes they are not sensitised to it. If the bill is sanctioned into law, victims will be able to get the justice they deserve."

Justice and Correctional Services Minister Michael Masutha said the recent racist utterances and many other incidents of vicious crimes have necessitated measures to uproot the scourge.

Public comment is open until December. The bill was drafted after a thorough study of similar pieces of legislation, such as those in Australia, Canada and Kenya.

Masutha said: "It will provide additional tools to investigators and prosecutors to hold the perpetrators accountable and provide a means to monitor efforts and trends in addressing hate crimes."