The dawn of democracy in South Africa in 1994 signalled a firm commitment to social inclusion, recognition of the importance of embracing diversity, and protection of the rights of minorities. In pursuit of social justice and protection of human rights for all, South Africa, among others, put forward a variety of measures to prevent and combat hate victimisation (that is, hate crime, hate speech, and intentional unfair discrimination). Arguably, after almost three decades of related advocacy, lobbying, and too little meaningful intervention, not enough has been achieved. Yet, a Bill recognising hate crime and –speech, as distinct criminal offenses, is finally before Parliament and, should it pass into law, it will constitute a first for Africa. This contribution reflects on definitions we have arrived at for hate incidents, the processes that brought us here, but also the obstacles and small victories encountered along the way. In particular, the (psychological) hurt and harm of hate victimisation are emphasised. In this respect, the Jon Qwelane homophobic hate speech case (2013-2021), and the role of the Psychological Society of South Africa (PsySSA) as amicus, proved crucial in informing these understandings. Notably, the related Constitutional Court victory has shaped South Africa’s legal response to hate speech as harmful. Consideration is given to the vital contribution of civil society in shaping a hate crimes sector, coordinated since 2009 under the auspices of the South African Hate Crimes Working Group (HCWG) (See www.hcwg.org.za). Significant findings of its Hate Crimes and Bias Monitoring Project (2013-2017) are provided, having informed understandings of the nature and effect of hate victimisation in contemporary South Africa. Reasons are given for the current redesigning of the pioneering hate and bias monitoring form, used in the aforementioned HCWG research. The promise this initiative may hold in respect of early identification and psychosocial (and other) intervention in hot spots and those sectors most vulnerable to hate, is highlighted.
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