In a historic move for South Africa, President Cyril Ramaphosa has officially signed the Prevention and Combating of Hate Crimes and Hate Speech Bill into law. The new legislation, which comes into effect immediately, provides powerful legal tools to combat unfair discrimination, intolerance, and prejudice.
With the bill now law, employers across the country are advised to urgently review and update their policies related to unfair discrimination and harassment. Disciplinary codes and diversity training materials should be revised to ensure employees understand the serious criminal and professional consequences they could face for hate speech or hate crimes, even if committed outside of work hours.
Under the new law, hate speech is defined as intentionally advocating hatred or inciting harm against a person or group based on specific prohibited grounds, including:
- Race
- Gender
- Sex and intersex
- Ethnic or social origin
- Colour
- Sexual orientation
- Religion
- Disability
- Albinism
- HIV status
Importantly, the legislation covers hate speech communicated verbally, in writing, and crucially, via digital channels like social media posts, instant messages and emails. Employees must understand that hateful online content shared even in their personal capacity could lead not only to criminal prosecution but dismissal from their job.
To align with the Hate Crimes and Hate Speech Act, organisational policies should cross-reference other key laws dealing with unfair discrimination, including:
- The Employment Equity Act and Code of Good Practice on Harassment
- Promotion of Equality and Prevention of Unfair Discrimination Act
- Cybercrimes Act
- Labour Relations Act
Taken together, these statutes provide comprehensive protection against unfair discrimination both within the workplace and in broader society. However, employers must remain vigilant that they could be held vicariously liable if reasonable steps are not taken to prevent hate speech by employees.
Practically, this means companies should prioritize:
- Up-to-date anti-discrimination and harassment policies
- Regular diversity and inclusion training
- Harassment risk assessments
- Leadership communication and role-modeling
- Clear grievance reporting procedures
- Decisive and consistent disciplinary action
While rooting out discrimination requires ongoing commitment, the signing of the Prevention and Combating of Hate Crimes and Hate Speech Bill represents a major milestone. By aligning their practices with the new law, employers can foster more inclusive, respectful workplaces and contribute to building a society free from intolerance and hate.
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