Hate Crime Submission

In this paper we look at the constitutionality of the Prevention and Combating of Hate Crimes and Hate Speech Bill (the Bill) and how it affects the freedom of religion and freedom of speech rights of the Muslim community as it relates to LGBTQIA+ persons.

 The constitutional freedoms advocated for in this paper on behalf of Muslims apply equally to all other peoples who hold the same or similar views regarding LGBTQIA+ conduct as Muslims do. So, when we speak herein for Muslims, we also speak for those persons.

Islamic law prohibits homosexual conduct and the freedom of Muslims to teach and preach this is recognised by the Constitution in sections 15 and 16. We submit that the Bill limits these freedoms for Muslims. We submit that the words ‘harm’ and ‘hatred’ are not sufficiently defined and result vagueness and uncertainty. Consequently, it renders this criminal statute unlawful. We submit further that the exemptions provided for are
vague and uncertain and its application results in unfair discrimination which renders it unconstitutional.

Therefore, we submit that this statute, particularly the areas raised above, will not withstand a constitutional challenge.

Attached herewith please find submission on Hate Crimes Bill from the United Ulama Council of South Africa (UUCSA)