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This brief evaluates the adequacy of current South African laws against rising racist hate speech.

May 25, 2026Open Access

Criminalising racism in tumultuous times

Key Points

This brief evaluates the adequacy of current South African laws against rising racist hate speech.
Analyzed existing laws on discrimination, hate speech, crimen injuria, and defamation.
Reviewed implications of proposed legislation addressing hate crimes and hate speech.
Compared South African laws with similar legislation in other countries.
Identified gaps in existing legislation related to hate speech and discrimination.
Outlined the proposed bill's provisions for criminalizing incitement and conspiracy to commit hate crimes.
Highlighted the need for stronger legal frameworks to address rising racism.

Abstract

The purpose of this policy brief is to evaluate whether existing laws governing discrimination, hate speech, crimen injuria and defamation are adequate to deal with the recent rise in racist hate speech in South Africa. The introduction of a new bill criminalising hate crimes and hate speech is discussed in the context of existing legislation in South Africa and elsewhere which is designed to deal with these harmful acts. The bill provides for the criminalisation of conduct that amounts to incitement, instigation and conspiracy to commit hate crimes.

Criminalising racism in tumultuous times

Key Points

Abstract

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