By Blessing Chinagorom
South African President, Cyril Ramaphosa has assented to preventing and combating of Hate Crimes and Hate Speech Bill which outlaws offences of hate crimes and the offence of hate speech and the prosecution of persons who commit those offences in the country.
According to the statement released by the Presidency on Friday revealing that the Constitution sets out certain basic values including human dignity, the achievement of equality and the advancement of human rights and freedoms and non-racialism and non-sexism.
Adding that this legislative measure gives effect to South Africa’s obligations in terms of the Constitution and international human rights instruments concerning racism, racial discrimination, xenophobia and related intolerance, in accordance with international law obligations.
According to the statement, The Bill of Rights, in Section 9 of Constitution, prohibits direct or indirect discrimination against race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.
While the Bill of Rights gives everyone the right to dignity and gives everyone the right to freedom and security of the person, which includes the right to be free from all forms of violence from either public or private sources.
It noted that the new Prevention and Combating of Hate Crimes and Hate Speech Act provides for prevention of hate crimes and hate speech; effective enforcement measures and the gathering and recording of data on hate crimes and hate speech.
Stating that a hate crime is committed if a person commits any recognised offence under any law that is motivated by prejudice or intolerance on the basis of one or more characteristics or perceived characteristics of the victim, as listed in the legislation or a family member of the victim.
Further stated that the definition of the crime extends to offences targeting the victim’s association with or support for a person with one or more of the listed characteristics or a group of persons who share these characteristics.
It said that the offence of hate speech applies to any person who intentionally publishes, propagates, advocates, shares or communicates anything to one or more persons in a manner that could reasonably be construed to demonstrate clear intention to be harmful or to incite harm and promote or propagate hatred based on defined grounds.
The law also makes it an offence when speech material is intentionally distributed or made available in electronic communication, and the said person knows that such electronic communication constitutes hate speech.
The law excludes from the ambit of hate speech anything done in good faith in the course of engagement, such as: artistic creativity, performance or other form of expression; academic or scientific inquiry.
Also, fair and accurate reporting or commentary in the public interest: Interpretation and articulating or espousing of any religious conviction, tenet, belief, teaching, doctrine or writings, that does not advocate hatred or constitutes incitement to cause harm.
The law also contains directives on training and other measures to be undertaken by the South African Police Service and the National Prosecuting Authority to ensure effective processing of the newly defined crimes.
In another vein, the President also signed into law the Divorce Amendment Bill which amends the Divorce Act of 1979 to recognise Muslim marriages and safeguard interests of Muslim women and children of Muslim marriages in the event that marriages are dissolved.
According to the statement, the new legislation is a response to an earlier Constitutional Court judgment which recognised the need for and importance of protecting Muslim women and children of Muslim marriages, particularly when a Muslim marriage is dissolved.
Stating that the amended legislation addresses shortcomings in the Divorce Act of 1979 which differentiated between people married in terms of the Marriage Act and people married according to Muslim rites, especially women.
Currently, Muslim couples who choose to marry according to Islamic law can only be afforded the statutory protection of South African legal system as it pertains to civil spouses if they, in addition to their marriage under Islamic law, register a civil marriage.
The amendments enacted by the President provide for a definition of a Muslim marriage in the Divorce Act of 1979; the protection and safeguarding of interests of dependent and minor children of a Muslim marriage; the redistribution of assets on the dissolution of a Muslim marriage, forfeiture of patrimonial benefits of a Muslim marriage.