OWN CORRESPONDENT, Johannesburg | Wednesday
HUMAN rights organisations have expressed reservations about a proposed new anti-terrorism law which allows for terrorism suspects to be detained without trial for up to 14 days, calling it “reminiscent of apartheid-era security legislation.”
But Justice Minister Penuell Maduna says he’d like to see the draft Anti-Terrorism Bill, which was released for public comment by the South African Law Commission (SALC) yesterday, signed into law within 18 months. The bill is the result of a request by the government for an investigation of anti-terrorism measures following a spate of bomb attacks in the Western Cape last year.
The definitions of terrorism contained in the bill would enable the government to declare groups such as People Against Gangsterism and Drugs (Pagad) a terrorist organisation, and arrest and prosecute Pagad members and supporters rather than banning an entire organisation.
The bill also empowers police to stop and search people and vehicles, but probably the most controversial provision allows them to detain and interrogate people suspected of withholding information about terrorist acts beyond the 48 hours allowed in ordinary criminal investigations.
Dr Vinod Jaichand, national director of Lawyers for Human Rights, was quoted as saying that the state would “have to be very sensitive” about the new bill. “We have long memories about detention without trial.”
SALC project leader Dr Pierre van Wyk said police should not have the right to detain people suspected of having information about terrorism, saying such a measure could hardly be justified in the light of the Constitution.
Justice Minister Penuell Maduna has defended the proposed law, saying it was unlike its apartheid-era predecessors because it would not allow the prosecution of people who were “merely exercising their human rights.”
Van Wyk said the constitution, which guaranteed rights such as freedom of association and protest, would be the overriding principle in deciding whether something constituted a terrorist act.
“Clearly, peaceful demonstrations can’t constitute terrorism,” Van Wyk said.
In its report, the SALC admits that any act of terrorism could be prosecuted in terms of existing law, but says the international trend is to create specific legislation to deal with terrorism. The draft bill is based on the premise that terrorism is never justifiable, not even “under the guise of the label ‘political offence’ “.
Public comment may be submitted until September 29, and a final report will be submitted to Maduna towards the end of the year.