17 September 2021


Parliament has re-opened the Prevention and Combating of Hate Crimes and Hate Speech Bill (“the Bill”) for public comment until Friday, 1 October 2021.

The decision to re-open the Bill follows on from the Constitutional Court’s recent decision and definition of hate speech (in the Qwelane matter).

Criminalisation of expression:
The Bill – for the first time in SA’s history – criminalises certain forms of expression.

It defines “hate speech” wider than the Constitutional Court, and makes “hate speech” a criminal offence (Clause 4(1)).  The offence will make any speech (as well as the distribution of such speech) that could be construed to be “harmful” on a wide range of grounds, a criminal act carrying up to a 3-year jail sentence.

Religious Freedom Concerns:
The hate speech definition and criminalisation will potentially have dire repercussions on freedom of (religious) expression.

Note: While we are encouraged by the inclusion of a “religious exemption clause” (in clause 4(2)(d)) in the Bill, as advocated for by FOR SA, and the many religious organisations and groups who previously made submissions on the Bill), it may not offer sufficient protection. Concerns, therefore, remain regarding the criminalisation of free expression.

Even if you have previously submitted comments on the Billplease make a submission again.

Download the template submission for either organisations or individuals, to use “as is” or adapt, and send it to Parliament ([email protected] no later than Friday, 1 October 2021:
Individual submission
Organisation submission

Alternatively, you can make an individual submission directly via the DearSA online platform – Click here.

Please consider supporting FOR SA financially as we are 100% dependent upon donations. Your gift will help us continue to protect and promote your constitutional rights to teach, preach, and live out your faith.

We look forward to continuing to partner with you in this cause!

Warm regards,

Michael Swain

Executive Director, FOR SA

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