HATE CRIMES AGAINST BLACK LESBIAN SOUTH AFRICANS: WHERE RACE, SEXUAL ORIENTATION AND GENDER COLLIDE (PART II)

Abstract

This article, which is the second of a two-part submission, examines the South African legal position pertaining to sexual offences and murder as a continuation of the theme introduced in Part One. The authors then examine the concept of motive before providing a brief overview of hate crime legislation and/or policy in the United States of America and Germany. The core of the article examines three possible routes for South Africa to curb hate crime. Firstly, the creation of substantive hate crime law in the form of legislation, secondly, the amendment of current legislation to incorporate protection against this form of crime and thirdly, the retention of the
current status quo coupled with the roll-out of civil society initiatives to curb hate-motivated crime. The conclusion of the article provides recommendations from a civil society and criminal justice perspective.