Cape Town - A draft bill that will criminalise racism in the country has been amended to include hate speech, as incidents of discrimination have increased “at an alarming rate”, according to the South African Human Rights Commission.
The Prevention and Combating of Hate Crimes and Hate Speech Bill is expected to be tabled in Parliament by September, after which it would be opened for public comment.
While racism can be prosecuted under laws governing hate speech, crimen injuria and defamation, there have been growing calls for legislation that would specifically govern racial discrimination.
The most recent episode of racism on social media saw High Court Judge Mabel Jansen on the receiving end of a backlash after a conversation she had with journalist, Gillian Schutte, over a year ago came to light last week.
Referring to cases she had presided over, Jansen said of black people: “In their culture, a woman is there to pleasure them. Period. It is seen as an absolute right and a woman’s consent is not required. I still have to meet a black girl who was not raped at about 12. I am dead serious.”
She has since been placed on special leave. The South African Human Rights Commission (SAHRC) confirmed it had been asked to investigate the incident, spokesman Isaac Mangena said.
The proposed bill initially excluded hate speech and the criminalisation of unfair discrimination because of the sensitivities and complexities involved in dealing with such incidents.
“However, the events we witnessed in January this year highlighted the need to include hate speech as a criminal offence,” said Deputy Minister of Justice and Constitutional Development John Jeffery.
Jeffrey was referring to an incident where estate agent Penny Sparrow came under fire for describing black beachgoers as “monkeys” in a reaction to litter left behind after New Year celebrations.
The SAHRC received more than 200 complaints about this incident. The bill is not constrained to issues of race and includes offences committed because of gender, ethnicity, social origin, sexual orientation, religion, belief, culture, language, birth, HIV status, nationality, gender identity, inter sex, albinism and occupation or trade.
The proposed bill also criminalises any conduct which amounts to incitement, instigation and conspiracy to commit hate crimes.
However, this clause in the bill would require a directive from the Department of Public Prosecutions to authorise prosecution.
The encouragement of hatred, as described in the bill, includes all forms of communication, whether by statement, broadcast, advertisement, photographs or on social media platforms.
“We are confident that this will address some of the vitriolic comments we see so often on social media and online,” Jeffrey said.
“The law can regulate the behaviour of people in society, our department can draft the law, Parliament can pass it and it will be in the statue book but it can not change the hearts, minds and attitudes of people.”
Cape Argus