, but also in the design
Julius Malema's recent incendiary utterances against whites should earn him a stiff penalty under the Riotous Assemblies Act of 1956. They would certainly earn him a stiff penalty under the proposed Prevention and Combating of Hate Crimes and Hate Speech Bill if it becomes law. The deadline for submissions is 1st December.
Not only do Mr Malema's remarks reek of racial hostility, they also incite his followers to commit the offence of trespass by occupying land. Although he says occupation should be peaceful, this would not make it legal or guarantee that it will not lead to violence.
There has been little public objection to the Hate Bill. Many may welcome it on the grounds that it outlaws racist remarks. But the bill goes further. The Constitution's protections of free speech do not cover advocacy of hatred based on four specified grounds, which are race, ethnicity, gender, and religion. The bill, however, seeks to prohibit "hate crimes" and "hate speech" motivated by any one of 13 additional characteristics, bringing the total to 17.
The definition of "hate speech" goes so far beyond what most people would regard as "hate speech" that it recalls the definition of "terrorist activities" in the Terrorism Act of 1967. That act defined those activities so widely that they included "embarrassing the administration of the affairs of the state", causing "substantial financial loss to the state", and "obstructing the free movement of traffic".
The stratagem of the bill is the same as the one used for the Terrorism Act. Enlist support for combating "terrorism" or "hate speech", and then smuggle in a whole lot of other things you want to prohibit as well.