Draft Regulations: Hate Crimes & Hate Speech Act

Posted 28 November 2025 Written by Acts Online
Category Justice

Brought to you by SA Legal Academy: The Department of Justice and Constitutional Development has invited public comment on the draft regulations for the Prevention and Combating of Hate Crimes and Hate Speech Act, No. 9 of 2024.

In terms of section 10 of the Prevention and Combating of Hate Crimes and Hate Speech Act, No. 9 of 2024, the proposed regulations establish the administrative and reporting framework necessary to operationalise the statute. While the Act was signed into law in May 2024, it remains pending a commencement date to be determined by the President by proclamation in the Gazette.

The draft regulations focus on the collection and reporting of data regarding hate crimes and hate speech. Specifically, the regulations outline requirements for:

  • The South African Police Service (SAPS) regarding the recording and reporting of reported hate crimes;
  • The National Prosecuting Authority (NPA) concerning the tracking of prosecutions and convictions under the Act; and
  • The Department of Justice and Constitutional Development in managing the consolidated national database of such incidents.

The regulations also prescribe the forms to be used for reporting and the specific categories of information that must be captured to monitor the prevalence of hate-motivated conduct across the Republic. Interested parties are invited to submit written representations on the draft regulations by no later than 28 January 2026.

Click here to view the draft regulations and official notice.

What this means for you, your business, or your clients

  • For yourself: No immediate filing requirement; however, legal professionals should familiarise themselves with the evidentiary standards required for reporting hate-motivated incidents under the draft forms.
  • For your business: Review corporate communication policies and employee codes of conduct to ensure they reflect the statutory definitions of hate speech, as the operationalisation of these regulations will trigger stricter enforcement.
  • For your clients: Advise clients in the public sector and law enforcement on the specific data-capturing systems they must implement to comply with the mandatory reporting obligations set out in the draft.

Originally published at https://legalacademy.co.za/news/read/hate-crimes-speech-act-input-sought-on-draft-implementing-regulations

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