Hate Crimes Act: Final Regulations Under Consideration by Ministry

Posted 28 September 2026 Written by Acts Online
Category Justice

Brought to you by SA Legal Academy: Final regulations under the Prevention and Combating of Hate Crimes and Hate Speech Act, No. 16 of 2023, are currently under consideration within the Ministry of Justice and Constitutional Development ahead of submission to Parliament.

In terms of section 10(2)(a) of the Act, draft regulations must be submitted to Parliament for approval before final promulgation. Addressing delegates at the plenary of the National Task Team on Sexual Orientation, Gender Identity, Expression and Sex Characteristics, Deputy Minister of Justice and Constitutional Development Andries Nel confirmed that the regulatory framework is under review by the Ministry as a preliminary step toward formal operationalisation.

The underlying statute creates statutory offences for hate crimes and hate speech, establishes reporting mechanisms, and imposes directives on law enforcement and criminal justice authorities. The procedural and administrative framework to give effect to these provisions will be governed by the pending regulations.

Key Aspects Governed by the Regulatory Framework

  • Reporting and recording procedures for alleged hate crimes and hate speech incidents.
  • Directives and training obligations for law enforcement, prosecutors, and court officials handling relevant matters.
  • Administrative coordination between the Department of Justice and Constitutional Development and statutory monitoring institutions.

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

  • For yourself: Note the evolving criminal liability standards under the Act regarding communications and public expressions once the commencement date is gazetted.
  • For your business: Review internal workplace conduct codes, social media policies, and harassment guidelines to ensure alignment with statutory hate speech prohibitions ahead of proclamation.
  • For your clients: Advise corporate and institutional clients on risk management procedures, internal complaints processes, and statutory reporting duties once parliamentary approval under section 10(2)(a) is secured.

Originally published at https://legalacademy.co.za/news/read/hate-crimes-finalisation-of-draft-regulations-imminent

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