# summary - Link: https://dearsouthafrica.co.za/hchs-regs/summary/ - Published: 2026-01-20T18:10:52+02:00 - Author: dearSA _Advert_ _Advert – scroll down_ Public participation report – with all public comments ⌊Loader⌉ Loading... ⌊EAD Logo⌉ Taking too long? ⌊Reload⌉ Reload document | [ ⌊Open⌉ Open in new tab ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/01/29164246/Hate-Crimes-and-Hate-Speech-regulations.pdf) [Download [3.40 MB] ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/01/29164246/Hate-Crimes-and-Hate-Speech-regulations.pdf) This report was delivered to The Department of Justice and Constitutional Development on 29 January 2026. If you see value in what we do, please chip in – even a small amount helps tremendously. [ click here to chip in](https://dearsouthafrica.co.za/thankyou/) [ have a say](https://dearsouthafrica.co.za/hchs-regs/#havasay) The Prevention and Combating of Hate Crimes and Hate Speech Act was signed into law in May 2024. The Department of Justice has now released the Draft Regulations which instruct the South African Police Service (SAPS) and the National Prosecuting Authority (NPA) on the practical “policing” of the Act. These regulations create the administrative machinery for the Act, including: - _The “Hate” Database:_ Compelling the Director-General to maintain a national database of all “hate” incidents. - _Police Recording Duties:_ Instructing SAPS officers to record specific personal details of accused persons—including their race, nationality, and the “grounds” of their alleged prejudice (e.g., political affiliation, religion). - _Sentencing Procedure:_ Mandating that prosecutors submit a “Victim Impact Statement” to the court to aggravate sentencing. - _Social Media Tracking:_ Creating specific forms (Form 3) to record the “distribution” of electronic communications, effectively targeting those who forward or share“ hate speech” online. ### _Key issues for public consideration_ [Subjective Sentencing](https://dearsouthafrica.co.za/hchs-regs/summary/#1738150189952-44103674-e29d31d9-c3be27ce-e39c) 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. _The Trap is in “Aggravation,” not “Guilt”_ The Act defines a “Hate Crime” as an existing crime (like assault or vandalism) where the offender is motivated by prejudice. - _Guilt:_ To find you guilty, the court looks at your intent (did you mean to be hateful?). - _Sentencing:_ To decide your punishment, the court looks at the Victim Impact Statement. **The Danger:** The Act explicitly states that if a person is convicted of a Hate Crime, the court must regard it as an aggravating circumstance. The VIS is the tool used to measure that aggravation. If the “severity” of the crime is measured by the victim’s feelings (via the VIS), you strictly argue that sentencing becomes a lottery. - _Scenario A:_ You insult Person X. Person X writes a VIS saying they were annoyed but moved on. You get a fine. - _Scenario B:_ You insult Person Y with the exact same words. Person Y writes a VIS saying they are psychologically shattered. You get 3 years in prison. [Surveillance](https://dearsouthafrica.co.za/hchs-regs/summary/#1738150189975-5d0623dc-47dc31d9-c3be27ce-e39c) 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](https://dearsouthafrica.co.za/hchs-regs/summary/#1738150854013-bb98f5fb-7d0931d9-c3be27ce-e39c) Concerns over whether SAPS officers are equipped to make complex legal determinations about “hate speech” when filling out the prescribed forms (Form 1 & 2). ### _Questions and answers_ [Is the "Hate Speech" Act already in force?](https://dearsouthafrica.co.za/hchs-regs/summary/#1763554389233-fdb8fee6-6da427ce-e39c) The Act has been signed by the President, but it is not yet fully operational. These Regulations must be finalized first because they tell the police and courts how to apply the law. [What happens if I forward a message that someone else wrote?](https://dearsouthafrica.co.za/hchs-regs/summary/#1763554389265-aa09206a-776627ce-e39c) The regulations specifically include Form 3, which is designed to record “Distribution or making available electronic communication.” This implies that sharing or forwarding content can be treated as a distinct offence, and the police are instructed to record it as such. [Why is the "Victim Impact Statement" a concern?](https://dearsouthafrica.co.za/hchs-regs/summary/#1763554389298-fbc55a3c-817c27ce-e39c) In standard criminal law, you are punished for what you did. Under these regulations, prosecutors must provide a statement on how the victim feels to increase your sentence. This creates a risk where two people commit the same crime, but receive different jail times based purely on how “offended” or “hurt” the victim claims to be. [Will my name be on a list?](https://dearsouthafrica.co.za/hchs-regs/summary/#1768925652576-4f5e8df7-73ce) Yes. The regulations compel the Director-General to keep a database of all reported hate crimes and hate speech. The police are required to record your personal details as soon as a complaint is made, even before you are convicted. The draft regulations ⌊Loader⌉ Loading... ⌊EAD Logo⌉ Taking too long? ⌊Reload⌉ Reload document | [ ⌊Open⌉ Open in new tab ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/01/20181749/251128Hat-Crimes-Draft-Regulations_removed_-r.pdf) [Download [336.42 KB] ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/01/20181749/251128Hat-Crimes-Draft-Regulations_removed_-r.pdf) The Act ⌊Loader⌉ Loading... ⌊EAD Logo⌉ Taking too long? ⌊Reload⌉ Reload document | [ ⌊Open⌉ Open in new tab ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/01/20182046/2023-016-HateCrimesACT.pdf) [Download [330.44 KB] ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/01/20182046/2023-016-HateCrimesACT.pdf) ### _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/) - Mamba Online — [Progress at Last? South Africa’s Draft Hate Crimes Act Regulations Released](https://www.mambaonline.com/2026/01/08/progress-at-last-south-africas-draft-hate-crimes-act-regulations-released/) - Presidency of SA — [President Ramaphosa assents to law on the prevention and combating of hate crimes and hate speech](https://www.thepresidency.gov.za/president-ramaphosa-assents-law-prevention-and-combating-hate-crimes-and-hate-speech) - Daily Maverick — [Free speech is the best weapon against hate speech](https://www.dailymaverick.co.za/opinionista/2023-04-12-free-speech-is-the-best-weapon-against-hate-speech/) **Hate Speech vs Free Speech | Landmark South African Court Ruling Explained by Simon Dippenaar** On 9 May 2025, the Cape Town Equality Court handed down a landmark judgment in the case of Cape SA Jewish Board of Deputies v. Thomas Leyland Torr – a ruling that redefines the boundaries between free expression and unlawful hate in the digital age. ### _Statements and media releases_ Click on a logo to view. Want to display your organisation’s statement? [Click here. ](https://dearsouthafrica.co.za/hchs-regs/summary/ hchs@dearsouthafrica.co.za?subject=org info for Hate Crimes regs info page) Close ### Cape Independence Party **CAPEXIT Party strongly opposes the Business Licensing Bill in its entirety on all points:** **Preferential licensing** The Bill explicitly empowers the Minister to grant licences on a “preferential” basis and to impose conditions that advance “historically disadvantaged individuals” or other designated groups. This is nothing less than state-sanctioned racial and ideological discrimination dressed up as transformation policy. CAPEXIT rejects the notion that the state has any legitimate role in deciding which racial or social group may or may not operate a business. Such preferential licensing will: - Reintroduce apartheid-era economic controls under a new ideological banner; - Create a cronyist system where access to markets is determined by political connections and demographic criteria rather than merit, innovation or consumer demand; - Discourage both domestic and foreign investment, as investors will rightly fear that their businesses can be denied licences or subjected to arbitrary conditions on racial or political grounds. No free society licenses businesses on the basis of the owner’s skin colour or historical narrative. This clause alone renders the entire Bill unconstitutional and morally indefensible. **Principles of business licensing** The Bill fails to articulate any coherent, objective, or proportionate principle for requiring a general business licence in the first place. Instead, it presumes that every enterprise – from a street vendor to a multinational corporation – must seek prior permission from the state simply to exist and trade. This reverses the fundamental principle of a free economy: citizens should be free to engage in lawful economic activity without state permission unless there is a clear, evidence-based justification (e.g. public health, safety or environmental protection). The Bill provides no such justification. It is a blanket assault on economic freedom, reminiscent of the licence-permit raj that crippled India’s economy for decades. Requiring a general “business licence” in addition to existing sector-specific permits( liquor, health, zoning, etc.) serves no legitimate public purpose – only the purpose of expanding state control and creating new opportunities for rent-seeking and corruption. **Powers of inspectors** The Bill grants inspectors extraordinarily broad and invasive powers, including warrantless entry into private premises, seizure of documents and goods, and the ability to close businesses on the spot. These powers are ripe for abuse and will be weaponised against political opponents, non-compliant businesses, and any entrepreneur who refuses to pay bribes. In a country already plagued by corruption scandals, handing unelected officials the power to enter and shut down businesses without judicial oversight is an open invitation to extortion. Small businesses, spaza shops, and informal traders – many of them immigrant-owned – will be particularly vulnerable to harassment and shakedowns. Far from promoting transformation, this will simply create a new class of “licence inspectors” who enrich themselves at the expense of the poor. **More red tape** South Africa already ranks poorly on the World Bank’s Ease of Doing Business index, largely because of regulatory overreach. This Bill adds yet another layer of costly, time-consuming bureaucracy on top of SARS registration, municipal permits, B-BBEE compliance, UIF, COIDA, sector SETA requirements, and dozens of other licences. The compliance costs – application fees, mandatory consultations, endless paperwork, and the risk of arbitrary refusal – will crush startups and force thousands of small businesses to close or remain informal. Jobs will be lost, investment will flee, and the tax base will shrink. The Western Cape, which has consistently outperformed the rest of South Africa precisely because of lighter and more efficient regulation, will see its competitive advantage deliberately sabotaged by Pretoria. **Conclusion** The Business Licensing Bill is not reform – it is economic sabotage. It centralises power in the hands of an already overreaching and underperforming national government, reintroduces racial criteria into commerce, and erects new barriers to entrepreneurship at a time when South Africa desperately needs growth and jobs. CAPEXIT calls for the complete withdrawal of this Bill. The people of the Western Cape, and indeed all South Africans who believe in freedom, will not accept a return to a permit-based economy controlled by bureaucrats and political gatekeepers. For a free, prosperous, and non-racial future, this Bill must be rejected in its entirety.