Aug 11, 2010 11:54 PM
The department of justice is drafting a new law to criminalise racism, xenophobia and hate speech.
'This Bill will affect the media, too . we are being very careful'
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Deon Rudman, the department's deputy director-general in charge of legislative development, told parliament's justice committee the Prohibition of Racism, Xenophobia, Hate Speech and Related Intolerance Bill was expected to reach parliament this year.
Ooshara Sewpaul, a senior official involved in drafting the Bill, said it had been made more urgent by the threat of renewed xenophobic attacks after the soccer World Cup.
She said it would give police a definition of xenophobia and other forms of hatred and equip them with the means to prosecute actions based on hatred.
The department would consult extensively with civil society groups before finalising a draft for Cabinet before the end of the year.
Sewpaul said that in terms of a United Nations convention on the elimination of racism, all countries were obliged to pass laws criminalising it.
But the drafters were aware of the sensitivity and complexity of such laws, she said.
They were following the debate about the Protection of Information Bill and its effect on the media.
"This bill will definitely affect the media, too. That's one of the reasons we are being very careful," she said.
Dene Smuts, DA spokesman on justice, said an earlier attempt to legislate against hate crimes had been abandoned in the face of opposition from civic groups.
"I'm sure that you can argue a case for a hate crimes law if you look at the phenomenon of xenophobia," she said.
But she cautioned that legislation that adds aggravation to crimes of violence could encourage police to look for factors - such as racism - that might not exist.
Raymond Louw, deputy chairman of the media freedom committee of the SA National Editors' Forum, expressed concern about the array of laws already passed and in the pipeline affecting freedom of speech.
"There is really no need for this Bill. We have already got one - the Equality Act covers hate speech and racist conduct," he said.
The Promotion of Equality and Prevention of Unfair Discrimination Act of 2000 defines and prohibits hate speech and discriminatory behaviour, but does not define xenophobia.
Louw urged the drafters to consult widely and to ensure everyone who might be affected, including media, was allowed to offer advice.
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