Advert
Advert – scroll down
0
comments individually delivered to the DoJ, so far (closes 28 January 2026)
-
-
- No I do not support the regulations 4985
- Yes I do 27
- Not fully 227
-
The Department of Justice and Constitutional Development invites the public to comment on the draft Regulations under the Prevention and Combating of Hate Crimes and Hate Speech Act
Following the enactment of the Hate Crimes and Hate Speech Act, the Department of Justice has released the Draft Regulations that instruct the SAPS and NPA on how to enforce the law. These regulations introduce strict data collection requirements and a controversial sentencing procedure.
Key Concerns in the Draft Regulations:
-
- Sentencing by Emotion (The “Lottery”): Prosecutors are required to submit a Victim Impact Statement to the court to “aggravate” sentencing. This introduces a subjective standard where your punishment may be determined by the emotional resilience of the accuser rather than the facts of the crime.
- The “Hate” Database: The SAPS must record specific personal details of every accused person—including their political, religious, or social leanings—to build a national database of offenders.
- Social Media Surveillance: Specific police forms (Form 3) have been created to track the “distribution” of electronic communications, targeting those who forward or repost content.
These regulations determine the practical machinery of the Act.
Scrutinise them below and leave your comment.
Have your say – influence the regulations.
Key Issues for Public Consideration
The regulations introduce several controversial mechanisms that may affect your rights:
-
- Subjective Sentencing: The requirement for a Victim Impact Statement to “aggravate” sentencing means your punishment could be determined by the emotional resilience of the accuser rather than the objective facts of the crime.
- Surveillance: The creation of a state database that records the “political” or “social” leanings of citizens accused (but not yet convicted) of hate crimes.
- Bureaucratic Capacity: Concerns over whether SAPS officers are equipped to make complex legal determinations about “hate speech” when filling out the prescribed forms (Form 1 & 2).