President Cyril Ramaphosa has signed into law two crucial acts aimed at strengthening SA’s counterterrorism efforts as country awaits Financial Action Task Force (FATF) decision on whether it will be greylisted.
He signed the Protection of Constitutional Democracy against Terrorist and Related Activities Amendment Act and the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act into law on Thursday after they were passed by the National Assembly in November before being sent to the National Council of Provinces for concurrence.
The amending legislation is aimed at bringing SA’s counterterrorism laws in line with best practice to avoid being greylisted by the FATF.
Greylisting would designate the county as a high-risk destination in conducting financial transactions with dire consequences for the economy.
The two laws aim to strengthen public prosecutions director Shamila Batohi’s powers on suspected terrorism activities, including issuing search warrants for people, vehicles and premises suspected of being used in acts of terrorism.
They are also aimed at penalising offenders for involvement in terrorist training and the joining and establishment of terrorist organisations.
The Financial Intelligence Centre (FIC) will be empowered to investigate misrepresentation or dishonesty, money laundering, terrorist financing or proliferation of financing activities. The FIC will be able to produce forensic evidence and request information from other organs of state when investigating suspected money laundering or terrorism.
SA is under pressure to enact antiterrorism laws before the FATF meets in February to decide on the country’s greylisting status. The body previously flagged SA as a hub for money laundering and financing of terrorist activities due to weaknesses in legislation and the criminal justice system.
The Treasury said previously in a statement that the passing of two bills, by the National Council of Provinces on December 13 before their being signed into law by the president demonstrate “the government’s commitment to fight corruption and terror financing and represents a giant step towards SA complying with the 40 Financial Action Task Force recommendations.”
“When enacted into law, the two bills will improve SA’s adherence to international best practices in combating financial crimes and corruption,” the Treasury said.
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