South Africa leads when it comes to human rights protection in Africa.

In 2018 the parliament introduced the Bill aimed at the protection of all people in South Africa against hate crimes and hate speech. The Prevention and Combating of Hate Crimes and Hate Speech Bill was then passed in November 2023 by The National Council of Provinces (NCOP).

Section 3 of the Bill defines a hate crime as an offence 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. These characteristics listed as grounds that could constitute a hate crime include age; albinism; birth; colour; 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.

In Section 4 of the Bill, hate speech is defined 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 offences.

However, there has been criticism of the Bill with some organizations stating it’s against freedom of speech. The LGBTQI+ community welcomed the Bill as well overdue.

The NCOP passed the Bill with proposed amendments and the Bill will be sent back to the Portfolio Committee on Justice to consider the Council’s proposed amendments.