# summary

- Link: https://dearsouthafrica.co.za/small-enterprise-bill/summary/
- Published: 2023-10-19T16:13:38+02:00
- Author: dearSA

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[ Have your say on the Draft Bill](https://dearsouthafrica.co.za/small-enterprise-bill/)

### STATEMENTS FROM CIVIL ORGANISATIONS

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Want to display your organisation’s statement? [Click here. ](https://dearsouthafrica.co.za/small-enterprise-bill/summary/ rhino@dearsouthafrica.co.za?subject=org info for Conservation 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

 * BusinessTech — [New state-owned company for businesses a step closer to reality in South Africa](https://businesstech.co.za/news/business/725304/new-state-owned-company-for-businesses-a-step-closer-to-reality-in-south-africa/)
 * News24 — [A plan to help SA small businesses fight back against just about anybody is back on track](https://www.news24.com/fin24/companies/a-plan-to-help-sa-small-businesses-fight-back-against-just-about-anybody-is-back-on-track-20230613)
 * Parliament of SA — [Media Alert](https://www.parliament.gov.za/press-releases/media-alert-small-business-development-committee-invites-written-comments-national-small-enterprise-amendment-bill)

Interaction with Co-operatives sector: SANACO, CBDA, SACOBA, NSCB, NACSA, NCASA;
Consideration and adoption of legislation programme (The Small Enterprise Amendment
Bill); Consideration and adoption of minutes

SMMEs may soon have an ombud to address their problems which means they don’t have
to go the expensive formal legal route to get justice. The long-stalled National
Small Enterprise Amendment Bill is once again moving forward. CEO of the Small Business
Institute, John Dludlu spoke with eNCA’s Barron Hufkie.

Memorandum of Objects and Clause by Clause analysis

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The Amendment Bill

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