Queer organisations urge public to shape South Africa’s hate crimes regulations

Queer civil society organisations have issued a strong call for public participation as South Africa finalises new hate crimes and hate speech regulations that could fundamentally shape how harm, violence and dignity are recognised under the law.

On Friday, organisations including OUT LGBT Well-being, Izibuko Zethu, the Gender and Sexuality Alliance (GSA) in Buffalo City, and the Hate Crime Working Group hosted a webinar focused on the draft regulations being developed by the Department of Justice and Constitutional Development. The session aimed to unpack the proposed changes and equip communities to make meaningful public submissions.

The regulations flow from the Hate Crimes and Hate Speech Act and will guide how hate crimes are identified, reported and addressed in practice. Speakers warned that without strong public input, particularly from those most affected by hate-based violence, the regulations risk falling short.

“Our lives are not up for debate, but the law is,” said Kim Lithgow, chair of the Hate Crimes Working Group. “These regulations will determine whether the Act has teeth or whether it becomes another law that exists only on paper. That is why public comment matters so deeply.”

Why public participation matters

Sibonelo Ncanana Trower, co-chair of the NTT SOGIESC Matters programme, emphasised that queer communities in South Africa continue to experience high levels of violence, often with little accountability.

“Hate crimes are not abstract. They are lived realities for queer people, particularly those who are Black, trans, gender non-conforming and poor,” Trower said. “If the regulations do not clearly define harm and responsibility, survivors will continue to be failed by the system.”

Representing the Department of Justice and Constitutional Development, Moyahabo Thoka acknowledged the importance of civil society engagement in shaping the final framework.

“The purpose of public consultation is not symbolic,” Thoka said. “Submissions directly inform how regulations are refined. This process gives communities an opportunity to ensure that the law responds to real experiences of violence and discrimination.”

Queer voices must shape the law

Speakers also highlighted the danger of silence. Sikhander Coopoo from the Gender and Sexuality Alliance warned that a lack of public participation could allow harmful interpretations of the Act to go unchallenged.

“If we do not speak for ourselves, others will speak on our behalf, and not always in ways that protect us,” Coopoo said. “Queer voices must be present in how hate is defined and addressed in this country.”

Moderated by Lee-Anne Walker, the webinar focused on practical guidance, helping participants understand the draft regulations and how to write submissions that clearly articulate community concerns.

The organisations hosting the event stressed that this moment represents a rare opportunity for ordinary people to influence how justice is implemented.

“The law is being written now,” Lithgow said. “This is the time to insist that queer lives are visible, valued and protected.”

National Task Team urges public input

Following the webinar, the National Task Team on SOGIESC Matters (NTT) reiterated its call for broad-based participation in the public consultation process.

In a statement, the NTT confirmed that it has resolved to submit comments on the draft regulations and has mandated a unified, sector-wide submission to reflect the collective voice of national and provincial task team members. The NTT said this approach is aimed at ensuring the regulations are practical, legally sound and responsive to the lived realities of persons of diverse sexual orientation, gender identity and expression, and sex characteristics (SOGIESC) in South Africa.

The NTT Secretariat is currently consolidating inputs from National and Provincial Task Team members ahead of the 28 January 2026 deadline for public comment.

The Task Team also highlighted the need to strengthen Provincial Rapid Response Teams (PRRTs) to improve reporting of hate crimes through civil society partners and ensure coordinated provincial responses. In addition, the NTT is considering the development of a system to record civil cases of discrimination that fall outside the criminal justice system but are pursued through civil legal processes.

Reaffirming its commitment to equality and dignity, the NTT called on all stakeholders to participate in the consultation process in line with the principle of “nothing about us without us.”

“Having the proper regulations in place will strengthen the legislation aimed at preventing hate crimes and hate speech,” said NTT co-chairpersons Deputy Minister Andries Nel and Sibonelo Ncanana-Trower.

Call to action

Members of the public are urged to submit comments on the draft hate crimes regulations before the consultation period closes. Submissions do not need to be technical or legalistic. Personal experiences, concerns and recommendations all count.

Queer organisations are encouraging individuals, activists and community groups to add their voices and help shape a legal framework that genuinely addresses hate-based violence in South Africa.

Because if we are not in the law, the law will not be for us.