# Hate Crimes and Hate Speech NCOP

- Link: https://dearsouthafrica.co.za/hate-crimes-and-hate-speech-ncop/
- Published: 2023-04-19T12:14:09+02:00
- Author: dearSA

![Have your say on the Hate Speech and Hate Crimes Bill](https://cdn.dearsouthafrica.
co.za/wp-content/uploads/2023/04/19124208/Hate-Speech-and-Hate-Crimes-Bill-NCOP-
23-1.jpg "Hate Speech and Hate Crimes Bill - NCOP 23")

![ForSA-DSA](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2023/04/19155518/
ForSA-DSA.png "ForSA-DSA")

### **48461 **comments delivered

Scroll down to watch a video and to have your say

[click to view a report, public comments, documents and videos ](https://dearsouthafrica.co.za/hate-crimes-and-hate-speech-ncop/summary)

### The Select Committee on Security and Justice invited the public to comment on the Prevention and Combating of Hate Crimes and Hate Speech Bill

    - to give effect to the Republic’s obligations in terms of the Constitution 
      and international human rights instruments concerning racism, racial discrimination,
      xenophobia and related intolerance, in accordance with international law obligations;
    - to provide for offences as hate crimes and the offence of hate speech and 
      the prosecution of persons who commit those offences;
    - to provide for appropriate sentences that may be imposed on persons who commit
      hate crime and hate speech offences;
    - to provide for the prevention of hate crimes and hate speech;
    - to provide for the reporting on the implementation, application and administration
      of this Act;
    - to effect consequential amendments to certain Acts of Parliament.

## Have your say – shape the draft Bill. [CLOSED]

Not sure what to say?

[click to view a supporting statement ](https://dearsouthafrica.co.za/hate-crimes-and-hate-speech-ncop/#)

Close

### Objection – provided by FoR SA. Feel free to copy and paste.

 I oppose the Prevention and Combating of Hate Crimes and Hate Speech Bill [B9B –
2018], for the following reasons:

 1. I am concerned that 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. I am concerned that 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 above reasons, I strongly oppose this Bill which I believe to be
    unconstitutional and unnecessary, and I ask:
 7.  a.   For the scrapping of the “hate speech” sections from the Bill altogether; Alternatively,
        should the “hate speech” provisions remain part of the Bill, we ask:
     b.  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”.
         c. That Clause 4(2)(d) (the “religious exemption clause”) be strengthened as follows:
            “
            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”.

**Do you support the Hate Crimes and Hate Speech Bill as proposed? **

**What is your top reason? (scroll down to view details) **

**(optional) What is your preferred channel for feedback on this campaign?**

**(optional) Your preferred language?**

**(optional) What is your status? (for our reporting purposes only) **

**Check your email address then hit send! You will be redirected to a confirmation
page. **

![D-icon](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2022/12/11192438/
D-icon-40x40-1.png "D-icon-40x40")

In this video, FOR SA’s Executive Director, Michael Swain, sets out SIX important
reasons why citizens who care about faith and freedom of expression must take this
FINAL opportunity to have their say and make their voices heard. Deadline for comment
extended to Monday 22 May 2023.

[View more explanatory videos ](https://dearsouthafrica.co.za/hate-crimes-and-hate-speech-ncop/summary/)