Estimated reading time: 4 minutes
According to the Portfolio Committee on Justice and Correctional Services, public comments on the Hate Crimes and Hate Speech Bill are expected to be re-advertised.
On Wednesday, 18 August 2021, the committee met to receive a briefing from the Justice and Correctional Services Department, following a Constitutional Court ruling on the case regarding an opinion article penned by the late Jon Qwelane.
Committee Chairperson Bulelani Magwanishe said the committee had awaited the court judgment on the matter before proceeding with it, as it relates to offensive language towards members of the Lesbian, Gay, Bisexual, Transgender, Queer and Intersex (LGBT+) community.
The previous Parliament’s Portfolio Committee on Justice and Correctional Services had called for public comment or input on the Bill up until 31 January 2019. The committee had intended to hold public hearings after the closing date, but due to its heavy workload and the looming National Elections at the time, this could unfortunately not happen, and the Bill lapsed at the end of the fifth Parliament.
Magwanishe explained, “Due to the length of time since then and the court judgement, although it specifically only referred to amending the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000, the committee has agreed to re-advertise the Hate Crimes and Hate Speech Bill for public input. The court judgement provides clear parameters on how the committee should approach the Bill.”
According to a statement issued by the Portfolio Committee on Justice and Correctional Services, the Bill seeks to address the increasing number of incidents motivated by prejudices in the form of hate crimes and hate speech, and assist persons who are victims thereof.
The committee adds, “It also seeks to create the offences of hate crimes and hate speech, and puts in place measures to prevent and combat these offences.”
The committee further stated that during the meeting, it heard some of the exemptions for criminal liability includes the right of freedom of expression, as enshrined in section 16(1) of the Constitution, which includes the following:
- Freedom of the press and other media.
- Freedom to receive or impart information or ideas.
- Freedom of artistic creativity and academic freedom.
- Freedom of scientific research.
The current Bill excludes from hate speech any bona fide interpretation and proselytising or espousing of any religious tenet, belief, teaching, doctrine or writings.
Artistic creativity or performance or espousal of religious doctrine will not qualify for exemption from hate speech if it advocates hatred that constitutes incitement to cause harm based on any protected grounds. Details for public engagement will be published in the near future.
Furthermore, the committee also received a briefing regarding the state of the office of the Master of the High Court. Several committee members have shown dissatisfaction with the “lack of public service” at these offices country-wide.
Following the briefing, Mr Magwanishe said: “The presentation creates the impression that everything is normal in that office. Yet we know of the long queues and non-delivery of service to our people. The onslaught in term of lack of service delivery to our people has been ongoing for many years. We will be closely monitor outcome and impact. We want to know the targets, which ones were met and which ones were not and why they were not met. We cannot accept non-performance.”
Magwanishe further added that the Constitutional Court judgement directed the committee on how to move forward with the Bill.
He said, “Due to the length of time since then and the court judgement, although it specifically only referred to amending the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000, the committee has agreed to re-advertise the Hate Crimes and Hate Speech Bill for public input. The court judgement provides clear parameters on how the committee should approach the Bill.”
Details for public engagement will be published in the near future.
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