New hate speech bill opened for public comment

http://blackopinion.co.za/2017/02/01/ban-racist-afriforum-awb-says-blf/

Ban the racist Afriforum and AWB, says BLF

The Black First Land First (BLF) movement responded to the Prevention and Combating of Hate Crimes & Hate Speech Bill (Hate Crimes Bill) by submitting its alternative Bill to the Parliamentary Portfolio Committee on Justice and Constitutional Development, yesterday.

The department had called for public submissions on its so-called “Hate Crimes” Bill which proclaims to finally criminalize racism. However, the BLF submissions argue that the whole Hate Crimes Bill is woefully inadequate to address racism. The organisation has instead presented the committee with an alternative Bill titled “Anti-Racism Bill of 2017” to consider.

BLF’s Anti-Racism Bill clarifies, amongst other things, what racism is, who can and can’t be racist, and who are considered ‘black’ people under Black Consciousness. It’s also more radical in its punitive measures, away from the five years and three years minimum sentences suggested by the “Hate Crimes Bill”. BLF suggests instead a minimum of 10 and 20 years for attempted transgressions and actual transgressions respectively.

Moreover, unlike the government’s “Hate Crimes Bill”, the BLF Bill calls for the banning of racist organizations such as Afriforum, Solidarity and the Afrikaner Weerstandsbeweging (AWB).

The BLF Anti-Racism Bill also calls for the amendment of Section 25 of the Constitution so as to address the land question which the movement claims is the cornerstone to ending racism.

Other important provisions in the BLF Bill are principles that include “blacks can’t be racist”. The organization says that if the principle of “blacks can’t be racist” is not included in the so-called “Hate Crimes” Bill when passed as law, it shall amount to legislation that criminalizes black people when they fight against racism.

There are many other important and exciting provisions suggested by the BLF Anti-Racism Bill such as reparations for land theft, genocide, anti-racism public education, special courts, a media tribunal and a Chapter 9-like Institution to serve as an anti-racism barometer.

It remains to be seen if the committee shall call upon BLF to give the oral presentation of its alternative “Anti-Racism Bill of 2017”. On its part, BLF says it shall be undertaking a national education process to warn blacks that the proposed government legislation is going to criminalise black resistance against racism and that it must therefore be resisted. The movement says it shall unveil the Anti-Racism Bill 2017 at its Blacks In Dialogue (BID) event scheduled for the 25 February 2017 in Braamfontein, Johannesburg.
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The BLF Anti-Racism Bill also calls for the amendment of Section 25 of the Constitution so as to address the land question which the movement claims is the cornerstone to ending racism.
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So if they get land racism will end.

How does this person manage to tie his shoelaces ?!
 
Other important provisions in the BLF Bill are principles that include “blacks can’t be racist”.
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Of course, what else? :rolleyes: Welcome to zim2.0

This is why white people hate black people. If we had a gov that cared any bit about ending racism they would tell organisations like this to **** off.
 
Beebs will be angels no matter what, and whites will be the devil. From the racists thats the ANC. Thats like letting wolf guard the sheep.
 
Swa said:
Of course, what else? :rolleyes: Welcome to zim2.0

This is why white people hate black people. If we had a gov that cared any bit about ending racism they would tell organisations like this to **** off.
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So white people hate black people?
Generalizing much

Some white people are racist scum who hate black people, as some black people are racist scum who hate white people.
 
sbu22 said:
So white people hate black people?
Generalizing much

Some white people are racist scum who hate black people, as some black people are racist scum who hate white people.
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Did I say all?
 
sbu22 said:
So white people hate black people?
Generalizing much

Some white people are racist scum who hate black people, as some black people are racist scum who hate white people.
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According to BLM the black racist scum would be classified as not-racist, therefore invalidating your argument.
 
Swa said:
Of course, what else? :rolleyes: Welcome to zim2.0

This is why white people hate black people. If we had a gov that cared any bit about ending racism they would tell organisations like this to **** off.
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nownow, i hate people doing stupid crap over and over and that affects me sometimes, no matter the skin color.

its like smacking yourself in the face over and over and asking why it hurts.

free dom
 
Swa said:
Of course, what else? :rolleyes: Welcome to zim2.0

This is why white people hate black people. If we had a gov that cared any bit about ending racism they would tell organisations like this to **** off.
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Suka wena!
 
Sharp disagreement flares over Hate Speech Bill

Johannesburg – As opposition regarding the proposed Prevention and Combating of Hate Crimes and Hate Speech Bill mounts, constitutional law experts have dissenting views regarding the bill’s constitutionality.

The bill was approved by the cabinet for public comment in October last year, and seeks to criminalise prejudicial remarks made about a person’s race, religion, sexual orientation and almost 20 other characteristics – carrying a jail term of up to three years.

DA leader Mmusi Maimane slammed the bill on Monday, telling The Star that it did not find the balance between curtailing hate speech and promoting the constitutionally enshrined freedom of expression.

“A religious leader might stand up in a meeting of whatever kind and make a statement, and if someone takes that statement to be offensive – whether they feel prejudiced because of sexual orientation – the bill will find against that person. That limits not only the right to freedom of expression, but also the right for (religious) practice and publication of media,” Maimane said.

“Yes, in the Bill of Rights the right to dignity is protected, but ultimately no right is absolute – it must be seen in the context of religion.”
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More at: http://www.iol.co.za/news/politics/sharp-disagreement-flares-over-hate-speech-bill-7647717
 
“Yes, in the Bill of Rights the right to dignity is protected, but ultimately no right is absolute – it must be seen in the context of religion.”
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Is he saying religious hate speech must get a free pass ?
 
daveza said:
Is he saying religious hate speech must get a free pass ?
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Yes, he wants the church to be able to tell their congregation that homosexuality is a sin and they must change their ways without being accused of hate speech. He is a preacher himself so he would know.
 
Yes, he wants the church to be able to tell their congregation that homosexuality is a sin and they must change their ways without being accused of hate speech.
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They will have to walk the fine line just like everyone else.
 
Hate Crimes Act will increase our workload - NPA

Johannesburg - Once the draft Prevention of Hate Crimes and Hate Speech Bill has been finalised and written into law, it will increase the workload of the NPA, the prosecuting authority says.

The NPA will be tasked with prosecuting all the matters.

The Director of Public Prosecutions in Pretoria, Sibongile Mzinyathi, was speaking to reporters at the SA Human Rights Commission on Wednesday during a two-day public hearing into racism and social media.

The Act aims to guard against infringements on human rights, particularly racial discrimination and xenophobic intolerance, in terms of the Constitution.

"The concern we might have is that there are so many areas that the act will criminalise and we are concerned about the volumes of work that may come our way that will have to be dealt with," Mzinyathi said.

‘Investigations guided by prosecutors'

He also posed a question of how easy or difficult it would be for law enforcement agencies to successfully investigate such matters, "which on its own will place demand on prosecutors to have to guide those investigations," he said.

"Remember that, in the majority of instances, investigations are to a large degree, guided by prosecutors.”

Mzinyathi was one of many affected parties who attended the SAHRC’s hearings into the matter.

A three-member panel made up of SAHRC chairperson Advocate Bongani Majola, commissioner Angie Makwetla and former Constitutional Court Justice Albie Sachs are holding investigative hearings into the issue of racism and hate speech on social media.

The commission received 505 race-related complaints during the 2015/2016 financial year. Of these complaints, the commission found an increase in social media being cited as a "location" where some of these race-based complaints were found.

A question was posed to Mzinyathi during his presentation on the finer details around who could possibly face prosecution once the Act was law.

'Intention is a frame of mind'

If someone in South Africa had shared a hateful post which originated in a different country, the South African user could still face possible prosecution for sharing the content, however intent to cause harm needed to be proved, Mzinyathi said.

"Intention is a frame of mind, so as part of the investigation, I think the investigators will have to look into all the surrounding circumstances of the person who re-sends the [post].

“In the context of criminal law, every offence must have the element of intention and we may have to grapple with what extent the offences are covered in the Hate Crimes and Hate Speech Act are.”

For now, Mzinyathi said the bill was still in its draft form and consultations on it were still underway. The NPA has already submitted its proposals on aspects of the Act which it feels have room for improvement, he said.

Earlier, the justice department's Chief Director of Social Justice and Participatory Democracy, Danaline Franzman, said the bill was expected to be finalised and be presented to Cabinet by September this year.

News24
http://www.news24.com/SouthAfrica/News/hate-crimes-act-will-increase-our-workload-npa-20170215
 
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