Justice department opens hate crimes regulations to public comment until 28 January

The Department of Justice and Constitutional Development has draft regulations under the Prevention and Combating of Hate Crimes and Hate Speech Act, 2023 open for public comment until Wednesday 28 January 2026. The draft regulations were published in the Government Gazette on 28 November 2025.

The National Task Team on SOGIESC Matters, known as the NTT, has resolved to file a single consolidated submission on the draft regulations rather than a set of separate submissions. The NTT Secretariat is currently consolidating input received from NTT and Provincial Task Team members into one national submission.

The task team said it welcomed the publication of the draft regulations and mandated a unified, sector-wide submission to reflect the collective voice of the NTT and to ensure the regulations are practical, legally sound and responsive to the lived realities of persons of diverse SOGIESC in South Africa.

“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.

What the task team wants the regulations to do

The NTT’s stated aim is to curb and prevent hate crimes and hate speech against members of the LGBTIQA+ community. Its submission is intended to ensure the regulations are workable in practice and legally sound.

The task team also resolved at its 3rd Quarterly Meeting for the 2025/26 financial year, held in November 2025, to continue work on systemic discrimination against persons of diverse SOGIESC. A significant focus of that meeting was expanding the scope and capacity of the Provincial Rapid Response Team by strengthening the rapid response teams inside the Provincial Task Team structures. The aim is to increase reporting of criminal cases through civil society partners in the provinces and to ensure a coordinated response.

The NTT further resolved to consider developing a system for recording civil cases of discrimination against persons of diverse SOGIESC that are not dealt with through the criminal justice system but through civil procedure structures.

The deadline and who is being asked to comment

The closing date for submissions is 28 January 2026. The NTT has called on all relevant stakeholders to submit comprehensive comments on the draft Regulations by that date, framing the call around the maxim “nothing about us without us” and the lived realities of persons of diverse SOGIESC in South Africa.

A copy of the gazette notice and the draft Regulations is available through the Department of Justice and Constitutional Development, and the notice and draft regulations were published as Gazette number 53729, Government Notice 3650, on 28 November 2025.

Readers who want to comment should direct submissions to the department before the 28 January deadline. Media enquiries on the NTT’s position can be directed to Mr Samuel Modipane, Director: Communications Management at the Department of Justice and Constitutional Development. The statement is issued by the Department of Justice and Constitutional Development. The full notice is available.

Source: Department of Justice and Constitutional Development. Read the original item.