South African LGBTQ organizations have welcomed a new law that seeks to combat hate crimes and hate speech.

President Cyril Ramaphosa on May 9 signed the Preventing and Combating of Hate Crimes and Hate Speech Bill that had been introduced in 2018.

According to the new law; the direct or indirect unfair discrimination against anyone on the grounds of age, albinism, culture, disability, ethnic or social origin, gender, HIV status, language, nationality, migrant, refugee status, asylum seekers, occupation, trade, political affiliation, conviction, race, religion, sex, sexual orientation, gender identity or expression, sex characteristics or skin color is a criminal offense punishable by a fine or up to eight years in prison.

“A hate crime is committed if a person commits any recognized offense under any law that is motivated by prejudice or intolerance based on one or more characteristics or perceived characteristics of the victim, as listed in the legislation or a family member of the victim,” said the president’s office. “The law also makes it an offense when speech material is intentionally distributed or made available in electronic communication, and the said person knows that such electronic communication constitutes hate speech.”

Crimen injuria, the unlawful and intentional impairing of dignity or privacy of another person under common law, was in place before the new law. Crimen injuria, which to extent protected some forms of hate against the LGBTQ community, is still active.

The Preventing and Combating of Hate Crimes and Hate Speech Bill, however, is more comprehensive in the sense that it particularly focuses on hate speech and hate crimes, and therefore makes it easier to seek legal recourse than under crimen injuria.

“As Out, we commend President Cyril Ramaphosa on the move that he has made in making sure that the rights of LGBTQ+ persons are protected. We, as Out, also hope that other African countries can learn from this historic milestone that all people are equal and that their rights should be protected,” said Out LGBT South Rights Human Rights Coordinator Sibonelo Ncanana. 

Ncanana specifically applauded Deputy Justice and Constitutional Development Minister John Jeffrey and the working group that helped secure the bill’s passage.

“We hope that all government departments will enforce the mandate of the act,” said Ncanana. “We also hope that it will help in decreasing the amount of hate crimes that are happening in South Africa, create safer communities, and that LGBTQ+ people will find themselves safe.”

Ruth Maseko of Umndeni LGBTI Group and the Triangle Project said the new law creates a precedent of what constitutes hate crime and the repercussions.

“We are delighted at the passing of the bill after so many years, as it creates a legal definition of hate crimes,” said Maseko. “This now puts in place mechanisms for authorities to collect and report details about these incidents of hate for the effective monitoring, analysis of trends, and appropriate interventions that are needed.”

Maseko added that although the new law will aid in giving the courts a framework to work in when handling cases of hate, it will not really deter people from committing those crimes.

“The new law will provide quantitative and qualitative data as currently we have no way of telling how many of these crimes are committed. The only way we know, is when they are reported to a civil society organization or are reported in the media,” said Maseko.

“Although it will do nothing to change the attitudes of people who act out in these ways, the law does send out a message that hate crimes will not be tolerated in South Africa and will provide additional tools to investigators and prosecutors to hold perpetrators accountable for their actions,” added Maseko.

The law, however, does not consider actions undertaken in good faith as part of hate speech. They include artistic creativity, performance or other form of expression, academic or scientific inquiry fair, and accurate reporting or commentary in the public interest. 

It also excludes interpretation and articulating or espousing of any religious conviction, tenet, belief, teaching, doctrine or writing that does not advocate hatred or constitutes incitement to cause harm. The law also contains directives on training and other measures to be undertaken by the South African Police Service and the National Prosecuting Authority to ensure effective processing of the newly defined crimes. 

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at: [email protected].

The Comings & Goings column also invites LGBTQ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success. 

Congratulations to Rand Snell on the opening of his new studio/gallery in Florida. Snell is a D.C. and Florida-based artist, composer, and writer. The Gallery is Sixstar Arts Studios, 2430 Terminal Dr. S, Unit B, St. Petersburg, Fla. His work can be seen at www.randsnell.com. 

“I’m grateful Jason Hackingwerth invited me to join him and four other talented, and successful artists, to create a new arts destination,” Snell said. “In my new studio and gallery, I’ll be creating larger pieces and displaying a larger range of my work to the public. I think what creative people do comes from within. There is something that needs to be said, or perhaps a connection with something beyond that channels through the artist, writer, musician, actor, and potentially every human being. Skills and technique open possibilities, but creative people strive for something that goes beyond ability and craft.” In his collages Rand uses original photography and abstract designs to create works of complexity and layered perspectives. Upon selling his first few pieces Rand added, “But recognition is also nice. So, thank you to the many friends, artists, collectors, gallery owners and art patrons who have come by to check out Sixstar.”

Some of Rand’s compositions have been performed at the Kennedy Center, including his commissioned work for the Congressional Chorus, “One Land,” commissioned for the 20th anniversary of the Chorus, which premiered in 2007. His works have been presented by community choirs and groups like the University of Maryland Percussion Ensemble, and the Florida Orchestra Brass Quintet.

In his early career, Snell was director of State and Local Relations and Senior Adviser, to the Administrator, U.S. Environmental Protection Agency; and a senior vice president, Hill & Knowlton. He served in Gov. Chiles’s administration in Florida, and as a legislative assistant in his Senate office. Snell also ran for Congress on his own, in a losing campaign for Florida’s 13^th congressional District.  He began his career as a manager with Reeder Farms, a family agriculture and land management company.

He earned his bachelor’s degree in Political Science and History, University of South Florida; a diploma in International and Comparative Politics, London School of Economics; and master’s in Music Composition, University of South Florida. 

During a call-in interview Friday on a Philadelphia-based right-wing conservative talk radio show, former President Donald Trump said he would roll back transgender student protections enacted last month by the U.S. Department of Education “on day one” if he’s reelected.

Reacting to a question by hosts Nick Kayal and Dawn Stensland, Trump said: “We’re gonna end it on day one. Don’t forget, that was done as an order from the president. That came down as an executive order. And we’re gonna change it — on day one it’s gonna be changed.”

“Tell your people not to worry about it,” Trump he added referring to the new Title IX rule. “It’ll be signed on day one. It’ll be terminated.”

In a campaign video released on his Truth Social account in February 2023, in a nearly four minute long, straight-to-camera video the former president vowed “protect children from left-wing gender insanity,” some policies he outlined included a federal law that recognizes only two genders and bars trans women from competing on women’s sports teams. He also promised that he would punish doctors who provide gender-affirming health care to minors.

Trump also falsely claimed that being trans is a concept that the “radical left” manufactured “just a few years ago.” He also said “no serious country should be telling its children that they were born with the wrong gender. Under my leadership, this madness will end,” he added.

At least 22 Republican-led states are suing the Biden-Harris administration over its new rules to protect LGBTQ students from discrimination in federally funded schools, NBC News Out reported this week.

The lawsuits follow the U.S. Department of Education’s expansion of Title IX federal civil rights rules last month, which will now include anti-discrimination protections for students on the basis of sexual orientation and gender identity. 

Among other provisions, the new rules would prohibit schools from barring trans students from using bathrooms, changing facilities and pronouns that correspond with their gender identities.