Note: While we are encouraged by the inclusion of a “ religious exemption clause” (in clause 4(2)(d)) in the Bill, as advocated for by FOR SA, and the many religious organisations and groups who previously made submissions on the Bill), it may not offer sufficient protection. The hate speech definition and criminalisation will potentially have dire repercussions on freedom of (religious) expression. The offence will make any speech (as well as the distribution of such speech) that could be construed to be “ harmful” on a wide range of grounds, a criminal act carrying up to a 3-year jail sentence. It defines “ hate speech” wider than the Constitutional Court, and makes “ hate speech” a criminal offence (Clause 4(1)). The Bill – for the first time in SA’s history – criminalises certain forms of expression. The decision to re-open the Bill follows on from the Constitutional Court’s recent decision and definition of hate speech (in the Qwelane matter). Parliament has re-opened the Prevention and Combating of Hate Crimes and Hate Speech Bill (“the Bill”) for public comment until Friday, 1 October 2021. PARLIAMENT RE-OPENS “ HATE SPEECH BILL” FOR COMMENT