# summary

- Link: https://dearsouthafrica.co.za/critical-infrastructure/summary/
- Published: 2023-08-01T12:56:45+02:00
- Author: dearSA

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Public comments as delivered to Parliament

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### STATEMENTS FROM CIVIL ORGANISATIONS

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Want to display your organisation’s statement? [Click here. ](https://dearsouthafrica.co.za/critical-infrastructure/summary/ critical@dearsouthafrica.co.za?subject=org info for Critical Infrastructure info page)

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### Freedom of Religion SA (FOR SA)

 TEMPLATE PROVIDED BY FOR SA

### I strongly oppose the Prevention and Combating of Hate Crimes and Hate Speech Bill [B9B – 2018], which I believe to be unconstitutional and unnecessary, for the following reasons:

 1. The Bill violates our constitutional rights as religious persons to express our
    religious beliefs without fear of punishment or persecution (section 15, read with
    section 16). Increasingly, around the world but also in South Africa, various holy
    scriptures (particularly on contentious issues) are regarded as “politically incorrect”
    or “offensive”, allegedly causing emotional and/or social harm.
 2. I specifically oppose the Bill’s:
 3.  a. wide definition of “harm” (in Clause 1);
     b. the failure to define “hatred” (in Clause 1); and
     c. definition of, and creation of, the crime of “hate speech” (in Clause 4).
 4. The creation of the crime of “hate speech” for saying / distributing something 
    which could possibly be construed as “harmful”, will have certain unintended consequences,
    namely the criminalisation of good / well-meaning people who will be prosecuted
    for saying what they sincerely believe (according to their holy texts) and sent
    to jail.
 5. There are already sufficient existing laws dealing with “hate speech”.
 6. For all of the reasons given, I ask:
 7.  a. For the scrapping of the “hate speech” sections from the Bill altogether;
     b. Alternatively, should the “hate speech” provisions remain part of the Bill, we
        ask:
     c.  a. That “harm” be defined as: “gross emotional and psychological detriment that 
            objectively and severely undermines the human dignity of the targeted group”;
            and
         b. That “hatred” be defined as: “strong and deeply-felt emotions of enmity, ill-
            will, detestation, malevolence and vilification against members of an identifiable
            group, that implies that members of that group are to be despised, scorned, denied
            respect and subjected to ill-treatment based on their group affiliation”.
     d. That Clause 4(2)(d) (the “religious exemption clause”) be strengthened as follows
        to protect:
         _“expression of any religious conviction, tenet, belief, teaching,
        doctrine or writings, by a religious organisation or an individual, in public 
        or in private, to the extent that such expression does not actively support, instigate,
        exhort, or call for extreme detestation, vilification, enmity, ill-will and malevolence
        that constitutes incitement to cause gross emotional and psychological harm that
        severely undermines the dignity of the targeted group, based on race, ethnicity,
        gender, religion or sexual orientation”._

### In the Media

 * MyBroadband — [New laws to try stop criminals from tearing South Africa apart](https://businesstech.co.za/news/government/707478/new-laws-to-try-stop-criminals-from-tearing-south-africa-apart/)
 * The Citizen — [Government has plan to protect infrastructure – but why only now?](https://www.citizen.co.za/news/opinion/government-plan-protect-infrastructure-why-now/)
 * Engineering News — [ACT calls for action on loadshedding, mobile operators battle to stay connected](https://www.engineeringnews.co.za/article/act-calls-for-action-on-loadshedding-mobile-operators-battle-to-stay-connected-2023-05-18)
 * Insitute for Security Studies — [Security must be part of South Africa’s energy rescue plan](https://issafrica.org/iss-today/security-must-be-part-of-south-africas-energy-rescue-plan)
 * Daily Maverick — [From ‘People’s Assembly’ to a cop-riddled ‘critical infrastructure’](https://www.dailymaverick.co.za/opinionista/2022-09-29-from-peoples-assembly-to-a-cop-riddled-critical-infrastructure/)
 * News24 — [Power rangers: Cape Town gets new energy safety team to protect electricity infrastructure](https://www.news24.com/news24/video/southafrica/news/watch-power-rangers-cape-town-gets-new-energy-safety-team-to-protect-electricity-infrastructure-20230529)
 * TechCentral — [South Africa’s energy infrastructure is threatened, needs protection](https://techcentral.co.za/south-africas-energy-infrastructure-is-threatened-needs-protection/215470/)

The police civilian secretariat has gazetted new draft regulations for public comment.
The aim is to establish a new council and a host of new functions for the minister
of police to protect South Africa’s critical infrastructure. Independent Policing
Union of South Africa general secretary Mpho Kwinika elaborates.

Damage and theft of critical infrastructure is costing the economy billions of rand
and slowing down growth. In an effort to stop the criminal acts, four of the largest
state-owned entities have created a forum to address the problems. Newzroom Afrika
business reporter Kopano Gumbi filed the story.

**Portfolio Committee on Police, 14 June 2023.** (National Assembly), [Protection
of Critical Infrastructure, Police deployment at critical infrastructure; Implementation
of Critical Infrastructure Protection Act (including surveillance monitoring); Regulations,
Critical Infrastructure Council; Crime Investigations against saboteurs], Virtual
Meeting Platform, 09:00-13:00

The Critical Infrastructure Protection Regulations

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