5 new laws that South Africa is looking to introduce in the coming months
The Department of Justice and Correctional Services plans to revive and introduce a number of bills into parliament this financial year.
Presenting his departmental budget speech on Tuesday (23 July), Justice minister Ronald Lamola said that this would include the long-awaited introduction of the ‘Hate Speech Bill’ and the ‘Cybercrimes Bill’.
You can find more information on some of the proposed bills below.
The Cybercrimes Bill
The Cybercrimes Bill seeks to:
- Create offences which have a bearing on cybercrime;
- Criminalise the distribution of data messages which are harmful and to provide for interim protection orders;
- Impose obligations to report cybercrimes;
- Provide that the Executive may enter into agreements with foreign States to promote measures aimed at the detection, prevention, mitigation and investigation of cybercrimes amongst other matters.
While the majority of the bill focuses on criminalising the theft and interference of data, it has also introduced new laws surrounding any ‘malicious’ electronic communication.
Concerns have previously been raised about the ‘vagueness’ of these messaging rules, especially because of the steep consequences attached to them.
Notably, any person who contravenes one of the following provisions is liable on conviction to a fine or to imprisonment for a period not exceeding three years, or to both a fine and imprisonment.
- A message which incites damage to property or violence;
- A message which threatens persons with damage to property or violence;
- A message which unlawfully contains an intimate image.
The Land Court Bill
Lamola said that the new Land Court Bill is ‘aimed at promoting land justice and the democratisation of land ownership’.
“Through this bill, we aim to address some of the challenges that have been experienced with the current Land Claims Court dispensation,” he said.
The bill will likely tie into government’s push towards land expropriation without compensation, however, it is not clear how it will change the current Land Claims Court process.
The Child Justice Amendment Bill
The primary objective of the new bill is to increase the minimum age of criminal capacity of children from 10 years to 12 years – and to remove the requirement to prove criminal capacity for purposes of diversion and preliminary inquiries.
A diversion program is a form of sentence in which the criminal offender joins a rehabilitation program, which will help remedy the behaviour leading to the original arrest and avoid conviction and a criminal record.
The Prevention and Combating of Hate Crimes and Hate Speech Bill
Under the new law, hate speech will be defined as a clear intention to be harmful or to incite harm, or promote or propagate hatred on the basis of these characteristics:
- Age;
- Albinism;
- Birth;
- Colour;
- Culture;
- Disability;
- Ethnic or social origin;
- Gender or gender identity;
- HIV status;
- Language;
- Nationality;
- Migrant or refugee status;
- Race;
- Religion;
- Sex (which includes intersex or sexual orientation).
The bill also includes a section of scenarios where the hate speech rules will not apply. The section states that the offence of hate speech does not apply in respect, terms of the above characteristics, if it is done in good faith in the course of engagement in:
- Any bona fide artistic creativity, performance or other form of expression, to the extent that such creativity, performance or expression does not advocate hatred that constitutes incitement to cause harm;
- Any academic or scientific inquiry;
- Fair and accurate reporting or commentary in the public interest or in the publication of any information, commentary, advertisement or notice, in accordance with section 16(1) of the Constitution;
- The bona fide interpretation and proselytising or espousing of any religious tenet, belief, teaching, doctrine or writings, to the extent that such interpretation and proselytisation does not advocate hatred that constitutes incitement to cause harm.
The Traditional Courts Bill
The Traditional Courts Bill promises to shake up South African customary law by giving more power to Traditional Leaders in proceedings.
It also seeks to align traditional courts with the Constitution on issues such as dignity, equality, sexism and LGBTI rights.
The bill has faced controversy as it does not contain an ‘opt-out provision’ meaning a party cannot opt-out of proceedings being held in a traditional court, in favour of having the matter dealt with by the civil or criminal courts.
Some have also questioned whether the bill is a political ploy by the government to curry favour with traditional leaders.
Read: State Security Agency wants South Africa’s controversial ‘secrecy bill’ back on the table
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