Hate Speech Bill a victory, now battle for awareness

After more than a decade of research, countless civil society consultations, lobbying of government, and numerous oral and written submissions to parliament, the Prevention and Combating of Hate Crimes and Hate Speech Bill was finally passed in the National Assembly on Tuesday, 14 March 2023.

This important milestone in the fight against prejudice, bigotry, and discrimination in our country is long overdue, and the news of the overwhelming vote of 237 in favour of the Bill to 79 votes against was welcomed by the majority of non-governmental and human rights organisations across the country.

The Hate Crimes Working Group (HCWG), of which I have the privilege of being a founding and steering committee member representing the South African Jewish Board of Deputies (SAJBD), issued a statement congratulating the department of justice and constitutional development on its efforts to get the Bill adopted. The SAJBD also published its own press release, thanking government and parliament for their efforts on this important issue, and looking forward to engaging further as the Bill now moves to the National Council of Provinces for further discussion.

Effective hate crimes legislation is needed today more than ever. Not just in South Africa, with our rising wave of Afrophobia, xenophobia, and the violent persecution of the LGBTQI (lesbian, gay, bisexual, transgender, queer, intersex) community continuing unabated, but global levels of hate continue to soar.

Internationally, a hate crime is defined as “a criminal act committed with a bias motive”. Hate crimes are often referred to as “identity crimes”, actions directed at the identity of the victim. They are also “message crimes” traumatising and harming not only the individual they are directed at, but serving as a threatening message to the broader group which the victim is seen to represent.

The worsening scourge of hate-based violence around the world has been linked to a dangerous escalation in hateful speech – threats from faceless social media handles online and in traditional broadcast media, as well vitriolic political rhetoric and propaganda in political debates and public dialogues. Fringe worldviews once deemed politically incorrect or socially inappropriate are being emboldened and going mainstream. The spread of fake news and conspiracy theories only further serves to ferment discord and mistrust, festering fear of the “other”.

The Jewish community has been leading efforts to combat hate in South Africa for many years. In the aftermath of the horrific xenophobia riots of 2008, the SAJBD joined other civil society groups to strategise about longer term and durable policy solutions that would address the core of the problem. It was during these discussions that the HCWG was formed – a multi-sectoral network of nongovernment organisations that works to spearhead advocacy and reform initiatives pertaining to hate crimes in South Africa. Since 2009, the HCWG has been doing research and monitoring data on hate crimes across the country, using this data in our lobbying for comprehensive legislative measures and awareness programmes to combat hate.

The passing of the Prevention and Combating of Hate Crimes and Hate Speech Bill heralds a new dawn in the ongoing struggle for human rights for all in South Africa. The Bill not only sends a strong message that hate and prejudice are unacceptable in our society, it assists the South African Police Service and prosecutors in investigating, charging, and prosecuting hate crimes and hate speech. The Bill will also give courts meaningful sentencing guidelines, and allow for the recording of statistics, thereby facilitating a deeper understanding of the nature and scope of the problem of hate so that effective interventions can be devised.

The Bill has been the source of some controversy, with certain organisations and interest groups coming out publicly against it. Indeed, parties such as the Democratic Alliance, African Christian Democratic Party, and Freedom Front Plus all voted against the Bill in the National Assembly last week. It’s important to stress that while many may have disagreements with certain aspects of the Bill, specifically the section on hate speech, the Bill ultimately protects freedom of religion, freedom of expression, and freedom of speech. All of these freedoms are protected by the Constitution of South Africa.

Although this long-awaited Bill is a powerful step in the right direction, unfortunately much more needs to be done to address the disintegration of South Africa’s nation-building project and our delicate social cohesion. Legislative and judicial processes need to be supported and augmented with educational and awareness campaigns that will address the deep-seated roots and attitudes of racism, homophobia, and other forms of hatred. Examining our own prejudices and beliefs about others and ensuring that the lessons of the past – in particular how hate that often begins with words soon deteriorates into hurtful action – are passed on to the next generation is crucial to ensure a free and fair society in the future.

It’s tragic that while we waited for this Bill, in the past 18 months alone, we have witnessed the murder of more than 30 LGBTQI people, the emboldening of the vigilante group Operation Dudula, and the intensification of medical xenophobia across the nation. Hate harms society and degrades us all. Everything must be done to change not just the laws but the hearts and minds in our country, to foster a culture that celebrates and respects diversity and promotes inclusion, and work towards a country where freedom, equality, and dignity are afforded to all who live here. To create a South Africa where hate truly has no place.

• Alana Baranov is a founding and steering committee member of the Hate Crimes Working Group and the Political and Social Justice Liaison for the South African Jewish Board of Deputies. Alana is also a steering committee member of the World Jewish Congress’ Jewish Diplomatic Corps and the Social Justice Liaison of the Durban Holocaust & Genocide Centre.