SA’s contentious anti-terrorism bill is a step closer to becoming law after parliament’s select committee on security and justice in the national council of provinces (NCOP) adopted it without making any amendments.
The Protection of Constitutional Democracy Against Terrorist and Related Activities Amendment Bill was adopted by the National Assembly in November and sent to the NCOP for concurrence.
Subsequently, the select committee in the NCOP held public hearings on the bill last week, amid concerns by nongovernmental organisations and various political parties that aspects of proposed legislation are too broad and could criminalise government critics.
The proposed legislative amendments are meant to bring SA’s existing counterterrorism law in line with international best practice. Objectives include expanding the definition of terrorism, criminalising publication of terrorism-related content and introducing stiffer penalties for transgressors.
Together with the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill, the government says the measures are a crucial step for SA to avoid greylisting by the Financial Action Task Force (FATF), an international body that establishes standards for the combating of money-laundering and the financing of terrorism.
Greylisting means the country could be flagged as a high-risk jurisdiction in which to transact, which could have dire consequences for the economy and in particular the financial sector.
The chair of the select committee on security and justice, Shahidabibi Shaikh, said in the deliberations and processing on the bill, the committee was “acutely aware of the dire consequences of SA being potentially greylisted and the importance of processing this bill timeously.”
“The bill will help to prevent terrorism in SA, particularly in avoiding greylisting,” she said.
The committee’s report will most likely be formally adopted during the NCOP's final sitting of the year on Tuesday, before the bill is sent to the president for assent. The NCOP is also scheduled to discuss the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill.
MPs are under pressure to push through the proposed legislation before the FATF’s meeting in February, which is set to decide SA’s greylisting status. In a joint submission last week, a group of nongovernmental organisations and parties said the bill was flawed in its present state as it could prohibit legitimate government criticism and protest.
The groups included Dear SA, which seeks to promote and encourage transparent governance; Cape Independence Party, best known for its widely criticised push for separating the Western Cape from the rest of SA; and the Greater Cape Town Civic Alliance, a grouping of civic community and environment-orientated organisations.
They called on MPs to rework the bill, saying that in its present form it could be a threat to democracy.
The organisations also said that the proposed amendment states that terrorism is “any act ... which is calculated to overthrow the government”.
“And such terms as ‘overthrow’ are left open to interpretation without any context of self-determination. This could result in the most basic democratic process of a political party in favour of self-determination electorally defeating/‘overthrowing’ the national ruling party being interpreted as an act of terrorism,” the organisations said.
FOR SA, a nonprofit, legal advocacy organisation dedicated to upholding the right to religious freedom, said vague phrases in the bill are open to abuse.
“For example, it is problematic that no specified criteria for either a ‘serious public emergency’ or a ‘general insurrection’ are listed. Neither are these instances defined,” the organisations said.
While noting some issues of concern about the bill, the civilian secretariat for police which serves as a technical adviser to the police minister, said there is no intention to criminalise those opposing government processes.
“The department concurs that freedom of religion, expression and association are rights that are protected in terms of the constitution of the Republic of SA, but are not without limitation in terms of section 36 of the constitution.
“Any limitation of these rights must be justified and comply with all the requirements in section 36,” it said.
The secretariat said recommendations by civil society to narrow down the definition of “terrorist activity” is noted, but is not advisable.
“Substantive amendments to the definition that would seek to diminish the definition, and that are amendments other than those proposed in the bill, will most likely compromise the legislative measures that are currently in place in the law to prevent and combat terrorism in the country.”
Most members of the select committee agreed.
phakathib@businesslive.co.za
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