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| Terrorism Act (South Africa) | |
|---|---|
| Name | Terrorism Act (South Africa) |
| Enacted by | Parliament of South Africa |
| Enacted | 1967 |
| Repealed | 2004 (partially), 2008 (comprehensively) |
| Status | repealed |
Terrorism Act (South Africa) was a statute enacted by the Parliament of South Africa in 1967 during the apartheid era, designed to criminalise and suppress political violence and opposition. The Act became a cornerstone of state security law alongside instruments such as the Internal Security Act (South Africa), affecting activists, organisations, and foreign relations with states like United Kingdom, United States, and Soviet Union. It generated extensive legal and political controversies involving figures such as Nelson Mandela, institutions including the South African Police, and bodies like the United Nations.
The Act was passed by the Parliament of South Africa under the administration of the National Party (South Africa), emerging after legislation such as the Suppression of Communism Act, 1950 and amid events like the Soweto Uprising and the broader Anti-Apartheid Movement. Influences included security doctrines from states like Israel, United Kingdom, and precedents such as the Terrorism Act 2000 (United Kingdom) in later comparative scholarship. Prominent opponents included leaders of the African National Congress, United Democratic Front, Pan Africanist Congress of Azania, and legal advocates from the Lawyers for Human Rights (South Africa), while supporters cited threats linked to groups such as the South African Communist Party and incidents referencing the Sharpeville massacre.
The Act defined "terrorism" in broad terms, encompassing actions alleged to be intended to influence political processes or to intimidate populations, touching on conduct attributed to entities like the African National Congress and the Pan Africanist Congress. Legal interpretation involved tribunals and courts including the Appellate Division of South Africa and later the Constitutional Court of South Africa. International law contexts included instruments and bodies such as the International Covenant on Civil and Political Rights and debates at the United Nations General Assembly about definitions used by states like South Africa.
Under schedules and orders, the Act proscribed organisations including the African National Congress, the Pan Africanist Congress of Azania, and other movements linked to liberation struggles recognized by entities like the Organisation of African Unity. Notable individuals affected by proscription included activists associated with Nelson Mandela, Winnie Madikizela-Mandela, and leaders of exile organisations operating from countries such as Zambia, Tanzania, and Angola. Enforcement interacted with international actors such as the International Committee of the Red Cross in matters of detention and with diplomatic missions from United Kingdom and United States.
The Act granted investigative and policing powers to agencies like the South African Police and later the South African Defence Force in counterinsurgency roles, overlapping with statutes including the Internal Security Act (South Africa) and the Public Safety Act. Procedures permitted detention without trial, extended remands, and use of special tribunals; judicial venues involved the Supreme Court of South Africa and military courts such as courts martial overseen by officials tied to the Minister of Law and Order (South Africa). International oversight and criticism came from bodies like the United Nations Human Rights Council and non-governmental organisations including Amnesty International and Human Rights Watch.
Offences under the Act ranged from participation in proscribed organisations to acts labelled as violent or seditious, mirroring penalties found in emergency legislation such as the State of Emergency (South Africa) provisions. Sentencing practices involved long imprisonments, corporal penalties in earlier periods, and asset forfeiture, intersecting with prosecutions in courts including the Appellate Division of South Africa and later review by the Constitutional Court of South Africa after the end of apartheid.
The Act significantly affected civil liberties as critiqued by international actors like the United Nations and advocacy groups such as Amnesty International and Human Rights Watch. Domestic critics from the South African Bar Council and academics at institutions like the University of Cape Town and University of the Witwatersrand highlighted restrictions on freedom of association involving trade unions such as the Congress of South African Trade Unions and political movements under leaders like Oliver Tambo. Cases brought before courts including the Constitutional Court of South Africa and submissions to the African Commission on Human and Peoples' Rights raised issues under instruments such as the Universal Declaration of Human Rights.
The Act underwent amendments during the 1980s and 1990s amid negotiations involving figures such as F. W. de Klerk and Nelson Mandela and processes like the Convention for a Democratic South Africa (CODESA). Post-apartheid legal reform led to repeal and replacement by measures including the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 and later instruments harmonised with international regimes such as the United Nations Security Council counter-terrorism resolutions. Judicial challenges occurred in forums such as the Constitutional Court of South Africa and international complaint mechanisms involving the United Nations Human Rights Committee, reshaping the statutory landscape with jurisprudence referencing cases from jurisdictions like the European Court of Human Rights.
Category:South African legislation Category:Apartheid law Category:Terrorism law