Research ICT Africa (RIA) submitted formal comments on the draft regulations issued under the Prevention and Combating of Hate Crimes and Hate Speech Act of 2023, published by the South African Department of Justice and Constitutional Development.
The regulations set out how hate crimes and hate speech will be reported, recorded, and monitored across the criminal justice system, including new data collection and reporting obligations for SAPS, prosecutors, courts, and the Department of Justice.
While welcoming the objectives of the Act, RIA’s submission raises concerns about whether the proposed regulatory framework is sufficiently prepared for implementation and adequately safeguards constitutional rights. In particular, the submission highlights risks linked to uneven institutional capacity, the collection and governance of highly sensitive identity-based data, and the absence of clear interpretive guidance to ensure constitutionally compliant enforcement of hate speech provisions.
RIA also cautions against the over-centralisation of hate crime data and calls for stronger participatory and oversight mechanisms involving Chapter 9 institutions and civil society, to support rights-based interpretation and public accountability.
The submission argues that refining the regulations to strengthen implementation readiness, data protection safeguards, and constitutional guidance will be critical to ensuring that the Act addresses hate-motivated harm without undermining freedom of expression, dignity, and privacy.
