Before racism is criminalised we need to broaden our views about racism, said former Judge President of the North and South Gauteng High Courts Bernard Ngoepe on Tuesday at a Criminalising Racism Seminar.

The seminar was organised by the Institute for the Advancement of Journalism, the Ahmed Kathrada Foundation and the High Commission of Canada.

“Human conduct is regulated by various norms like customs and circular laws. People would oblige on moral rules and not get offended. Whether or not racism should be criminalised would depend on our particular conduct as a society,” he said.  

Ngoepe explained that adultery once constituted criminal conduct but that after some time the decision to criminalise it was reversed because it had become a norm. He added that criminalising racism should depend on what was at stake.

“Once we have reached a point where we think there is a danger to the unity of national conduct, it would be appropriated to criminalise racism,” he said.

He warned that racism was the real elephant in the country, which needed to be addressed.

Deputy Minister of Justice and Constitutional Development John Jeffery said racism was a global issue.

“Criminalising racism is not the answer by any means. We have to take steps to balance the racial line,” he said.

Jeffery added that religion needed to be involved with such issues because apartheid was founded on religious values.

University of South Africa lecturer Ndumiso Dladla said South Africa was a racist society. He averred that racism was protected in the country’s much respected Constitution.

“South Africa itself should be declared as racist,” stated Dladla.