LGBT rights in South Africa

===Prevention and Combating of Hate Crimes and Hate Speech Bill===
The ''Prevention and Combating of Hate Crimes and Hate Speech Bill'', which is pending within the South African Parliament, would outlaw hate crimes and hate speech on grounds of race, gender identity and sexual orientation, among others. Public consultation on the bill was held between October and December 2016.<ref>{{Cite web|url=http://www.justice.gov.za/legislation/bills/2016-HateCrimes-HateSpeechBill.pdf|title=INVITATION TO COMMENT ON THE PREVENTION AND COMBATING OF HATE CRIMES AND HATE SPEECH BILL: DEADLINE FOR COMMENT 1 DECEMBER 2016|access-date=9 December 2017|archive-date=17 August 2018|archive-url=https://web.archive.org/web/20180817144033/http://www.justice.gov.za/legislation/bills/2016-HateCrimes-HateSpeechBill.pdf|url-status=dead}}</ref> Following calls that the bill was too vague and threatened freedom of speech,<ref>[https://www.hrw.org/news/2017/02/21/south-african-move-hate-speech-step-too-far South African Move on Hate Speech a Step Too Far] ''Human Rights Watch'', 21 February 2017</ref> provisions dealing with hate speech were changed, and now read: "Any person who intentionally publishes, propagates or advocates anything or communicates to one or more persons in a manner that could reasonably be construed to demonstrate a clear intention to— (i) be harmful or to incite harm; or (ii) promote or propagate hatred, based on one or more of the following grounds: age, albinism, birth, colour, culture, disability, ethnic or social origin, gender or gender identity, HIV status, language, nationality, migrant or refugee status, occupation or trade, political affiliation or conviction, race, religion, or sex, which includes intersex or sexual orientation". The [[Cabinet of South Africa|Cabinet]] approved the bill in March 2018. It must now pass both chambers of Parliament before becoming law.<ref>[http://www.mambaonline.com/2018/03/20/cabinet-finally-approves-historic-hate-crime-bill/ Cabinet finally approves historic Hate Crimes Bill], 20 March 2018</ref> However, the bill lapsed automatically when Parliament was dissolved on 7 May 2019. In his budget speech, Minister for Justice and Correctional Services [[Ronald Lamola]] committed that his Department will revive the bill and introduce it into Parliament sometime in 2020.<ref>{{cite web|url=https://www.gov.za/speeches/deputy-minister-hlengiwe-mkhize-lgbtqi-sector-intergenerational-dialogue-28-aug-2019-0000|title=Deputy Minister Hlengiwe Mkhize: LGBTQI Sector Intergenerational Dialogue|website=South African Government|date=28 August 2019}}</ref>

Human rights activists argue that, while it is already illegal to assault, murder and rape, the consequences for crimes motivated by hate need to be more severe than ordinary crimes. This is because, they say, hate crimes are "message crimes" that harm entire communities. According to the Hate Crimes Working Group, over a third of all crimes are motivated by prejudice, with most of these committed based on the victim's race, nationality or sexual orientation.<ref>[https://www.timeslive.co.za/news/south-africa/2018-02-09-six-hate-crimes-that-shocked-south-africa/ Six hate crimes that shocked South Africa], ''Times Live'', 9 February 2018</ref> On the other hand, many legal experts believe the bill is unconstitutional and threatens [[freedom of speech]].<ref>[https://www.news24.com/Columnists/GuestColumn/rescuing-the-hate-speech-bill-20170307 Rescuing the 'hate speech bill'] ''news24.com'', 7 March 2017</ref> [[Human Rights Watch]] has expressed concern over the bill's language and potential to lead to significant restrictions on freedom of expression. Others have likened it to the ''[[Suppression of Communism Act, 1950]]''.<ref>[https://www.huffingtonpost.co.za/martin-van-staden/hate-speech-bill-a-threat-to-democracy-in-south-africa_a_23374035/ Hate-Speech Bill: A Threat To Democracy In South Africa], ''Huffington Post South Africa'', 1 March 2018</ref>