# Hate Speech and Hate Crimes Regulations

- Link: https://dearsouthafrica.co.za/hchs-regs/
- Published: 2026-01-20T17:45:01+02:00
- Author: dearSA

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![Draft Regulations: Prevention and Combating of Hate Crimes and Hate Speech Act](
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and-hate-speech-regulations-header.jpg "hate crimes and hate speech regulations 
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0

comments individually delivered to the DoJ, so far

    - No I do not support the regulations **10168**
    - Yes I do **81**
    - Not fully **469**** **

### 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.

[ click to view info, statements, documents and videos](https://dearsouthafrica.co.za/hchs-regs/summary)

## 󠀁[ view comments from other participants before you have a say](https://dearsouthafrica.co.za/hchs-regs/comments)󠁿

**Do you support the draft Hate Crimes and Hate Speech regulations as published 
by the Minister? **

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D-icon-40x40-1.png "D-icon-40x40")

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).

### _In the News_

    - Rob Hutchinson — [The Sentencing Lottery: Why your jail time may soon depend on your accuser’s feelings, not the law.](https://dearsouthafrica.co.za/news-2/the-sentencing-lottery/)

[ View more info](https://dearsouthafrica.co.za/hchs-regs/summary)