HATE CRIMES & SPEECH ACT: INPUT SOUGHT ON DRAFT IMPLEMENTING REGULATIONS
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28 November 2025
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Justice & Constitutional Development
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SA Legal Academy
The Department of Justice & Constitutional Development has published draft regulations under the yet-to-be-operationalised 2023 Prevention & Combating of Hate Crimes & Hate Speech Act – calling for public comments by 28 January 2026.
Having joined the statute books in May 2024, once in force (among other things) the Act will:
- give effect to constitutional and international obligations regarding measures intended to curb racism, racial discrimination, xenophobia and related intolerance
- make hate crimes and hate speech criminal offences
- enable the prosecution of persons alleged to have committed those offences
- provide for appropriate sentences, and
- provide for related reporting and administration matters.
With that in mind, the draft regulations focus on the requirements to be met by:
- the department’s director-general
- the South African Police Service
- national and provincial directors of public prosecutions
- clerks of court, and
- High Court registrars.
Please click the links below for more information:
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