South Africa Poised To Bolster Penalties For Homophobic Attacks, Hate Speech

The South African government is one step closer to ensuring any form of homophobia will be subject to hefty penalties that could include a lengthy prison sentence.

Deputy Justice and Constitutional Development Minister John Jeffery on Nov. 22 noted the Prevention and Combatting of Hate Crimes and Hate Speech Bill is now waiting approval in the country’s Parliament. President Cyril Ramaphosa will then sign it into law once it is approved.

First introduced in Parliament in 2018, the bill has been contested on its viability and how it would help protect people in South Africa against hate crimes and hate speech, particularly based on race, ethnicity, gender, sexual orientation or any other form of discrimination.

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MPs approved the bill in March and then sent it to the National Council of Provinces, which approved it on Nov. 17. The Justice and Correctional Services Committee approved the NCOP’s recommendations last Wednesday, according to ‘Washington Blade’.

“Section 3 of the bill defines a hate crime as an offense committed where the offender is motivated by prejudice or intolerance towards the victim of the crime because of specified characteristics or perceived characteristics of the victim or another person associated with the victim,” reads a Parliament press release about the bill. “These characteristics listed as grounds that could constitute a hate crime include age, albinism, birth, color, culture, disability, ethnic or social origin, gender or gender identity, HIV status, language, nationality, migrant or refugee status, occupation or trade, political affiliation or conviction, race, religion, sex, which includes intersex or sexual orientation.”

The press release further notes Section 4 of the bill defines hate speech “as the intentional publishing or communicating of anything that can incite harm or promote hate based on grounds, including, among others, age, sexual orientation and race.”

“The bill also provides for penalties such as fines, imprisonment or both for those who are convicted of the offenses,” it reads.

Access Chapter 2, a South African LGBTQ+ rights organisation, meanwhile, has now become the first LGBTQ+-led law clinic in the country. The Legal Practice Council last week officially registered the group.

Although South Africa is the only African country that protects same-sex sexual relations in its constitution, there has been a surge in anti-gay attacks — kidnappings, hate speech, rape and killings — over the last few years. This trend has prompted many people who identify as LGBTQ+ to be cautious about disclosing their sexual orientation.

Gerbrandt van Heerden of the Center For Risk Analysis, a market research firm, says there is an urgent need to better equip society, law enforcement agencies and other sectors to fight homophobic attacks.

“Officials such as police, teachers, judges and magistrates should receive proper training and resources regarding LGBT issues,” said van Heerden. “Sexuality and sexual health should be included as a subject in the healthcare worker curriculum so that professionals in the field will in future have sufficient skills to manage LGBT patients properly, and be more knowledgeable about their specific healthcare needs.”

Van Heerden added companies and employers should receive guidance that helps them understand a hostile-free workplace for LGBTQ+ people can improve productivity and output and attract talent. Van Heerden also said official data, such as that in the national Census, should include trans South Africans and other members of the LGBTQ+ community.

“Doing so will demonstrate how serious South Africa and its policymakers are in cherishing and respecting the country’s progressive constitution,” said van Heerden.

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