Moxii Africa welcomes the opportunity to provide this submission to the Department of Justice and Constitutional Development (“the Department”) on the

draft Regulations under the Prevention and Combating of Hate Crimes and Hate Speech Act No 16 of 2003 (“the Act”) (“the draft Regulations”). We recognise the importance of the draft Regulations in giving effect to the Act which aims to ensure that South Africa has a clear and effective legal framework for addressing hate crimes and hate speech while ensuring appropriate protections for freedom of expression and other constitutional rights.

Moxii Africa has made submissions on previous drafts of the Act, then “the Bill”, published in 2023,1 2021, and 20172. We note a range of positive changes in the drafting to address concerns that the Bill was overbroad, vague, and could have a chilling effect on legitimate speech. However, we note that many of MMA’s concerns remain, including the criminalisation of hate speech and its extension to private communications.

Read the complete submission below.

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