Freedom Charter Monument, a historical site where has been adopted the Freedom Charter (1955) was adopted.
Free SA, the Foundation for Rights of Expression and Equality, has raised alarm over the draft regulations issued under the Prevention and Combating of Hate Crimes and Hate Speech Act, 2023, warning that the proposed implementation framework threatens to undermine certain core values embedded in South Africa’s constitutional democracy.
In a formal submission to the Department of Justice and Constitutional Development, Free SA outlined serious concerns regarding excessive data collection, vague identity profiling requirements, and a lack of public transparency. These flaws, if left unaddressed, could pave the way for systemic abuse, surveillance, and censorship, the foundation warns.
More than 400 concerned citizens signed Free SA’s petition demanding that government stop the regulatory overreach and fix the flawed framework.
Free SA’s submission highlights that the draft forms demand intrusive personal information from victims and alleged offenders, including religion, sexual orientation, political views, and HIV status, even at the complaint stage, before any legal finding has been made.
“These regulations could enable a centralised identity-linked crime database without sufficient legal safeguards,” said Paul Maritz, Director of Free SA. “This is not only a breach of privacy, it creates a dangerous system ripe for profiling, discrimination, and potential abuse of power.”
The organisation also notes the absence of clear legal thresholds to distinguish hate speech from constitutionally protected expression, as well as the lack of provisions ensuring public access to anonymised reporting data.
“Unfortunately history has taught us that silencing dissenters is often favoured by governments, even modern democracies. Therefore the citizenry should be especially careful for any wording that might be used to silence free expression in the future” Maritz added.
Free SA affirms its support for the constitutional goal of protecting vulnerable communities from genuine hate crimes. However, it argues that the current draft regulations threaten to do more harm than good.
Among the key reforms proposed by Free SA are:
- Removal of sensitive identity data fields from police forms at the complaint stage.
- Strict compliance with POPIA and written consent protocols for sensitive data.
- Clear legal guidance to prevent premature classification of speech as criminal.
- Public release of anonymised data for democratic oversight.
- Post-conviction only identity profiling to safeguard due process.
Free SA urges the Department of Justice to revise the regulations to align with constitutional protections and international best practices, and calls on South Africans to remain vigilant.
“This is not just a legal debate,” Maritz concluded. “It is a fight for the future of free speech, privacy, and fair governance in our democracy. We invite all South Africans to stand with us by signing the petition.”