The upcoming Hate Crimes Bill: A welcome development in the fight against xenophobia and hate crimes in South AfricaPosted: 5 August, 2016 | Author: AfricLaw | Filed under: Gideon Muchiri | Tags: Abubacarr Saidykhan, belief, birth, constitution, crime, culture, disability, Equality Act, ethnic or social origin, gender, gender identity, Hate Crimes Bill, hate speech, human rights, language, law, legislation, monitoring mechanism, National Prosecution Authority, nationality, NPA, occupation, police, Promotion of Equality and Prevention of Unfair Discrimination Act, race, religion, sex, sexual orientat, South Africa, South African Constitution, victim, xenophobia | 1 Comment
Author: Gideon Muchiri
LLD student, Department of Jurisprudence, University of Pretoria
The Department of Justice and Constitutional Development (DOJCD) of South Africa is working on the Prevention and Combating of Hate Crimes Bill, due for tabling in Parliament in September 2016. This Bill, if enacted into law, will strengthen the role of law enforcement officials including the police, the National Prosecuting Authority (NPA) and courts in holding perpetrators of hate crimes, including xenophobic conduct, legally accountable for not only the criminal acts committed, but also for the hate motive. The new law will foster a rights-based approach to enhancement of the rights of victims and thus send a clear and unequivocal message to the society that crimes motivated by hate and xenophobia will not be tolerated in South Africa and are subject to punishment.