The South African Human Rights Commission has warned citizens that they could face criminal charges and even jail time for spreading xenophobic comments about Miss SA finalist Chidimma Adetshina on social media.
Chidimma who is a South African citizen was born to a Nigerian father and a SA mother of Mozambican descent.
The 23-year-old has faced backlash over her parentage, with many calling for the Miss SA pageant to disqualify her from the competition.
Speaking to the SABC, SAHRC Commissioner Sandra Makoasha warned the public to refrain from making comments on social media, particularly about Chidimma Adetshina, that “infringe on her rights to be treated with dignity which is enshrined in our constitution.”
She said: “The Miss SA organization has made a statement that the participant has met all the requirements to participate in the pageant.
“We warn members of the public against making sexist, xenophobic, and racist comments which fall foul of the constitution as well as the Equity Act, especially the prevention of unfair discrimination.
“I’d also like to remind South Africans to encourage members of the public to adhere to the South African Social Media Charter to guide them in these types of interactions.
The SAHRC’s stance comes shortly after the Department of Home Affairs spoke out on what constitutes South African citizenship.
According to the Social Media Charter, under Sections 14 and 15 of the Cybercrimes Act, criminal charges can be laid against a person who sends or posts a message that incites or threatens violence against a person or a group of persons.
The Social Media Charter also emphasizes that crimen injuria is a criminal offense in South Africa. It reads: “You may be committing this crime if you intentionally impair the dignity or privacy of another person.”
If you are found guilty of crimen injury, you could face a hefty fine and a prison sentence.
In May, President Cyril Ramaphosa gave his approval to the Preventing and Combating of Hate Crimes and Hate Speech Bill, which criminalizes hate crimes and hate speech.
According to a statement, the law also outlines the prosecution process for individuals who perpetrate these offenses.
Ramaphosa said: “This legislative measure gives effect to South Africa’s obligations in terms of the Constitution and international human rights instruments concerning racism, racial discrimination, xenophobia, and related intolerance, per international law obligations.”
According to a study in the Sabinet African Journals, xenophobia is reflective of the general fear or hatred, whilst Afrophobia is Afro-hatred mainly directed at immigrants of African nationalities.
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