ANC cannot be trusted with sensitive law on terrorism

29 November 2022

The Protection of Constitutional Democracy against Terrorist and Related Activities Amendment Bill is not only important to avoid the international grey list, but also owing to the real danger of terrorism in South Africa

The domestic fight against terrorism must be focused on and improved. However, the ANC cannot be trusted to not exploit and use such a sensitive piece of legislation against its opponents.

Last month's warning from the American Embassy about a possible terrorist attack in Sandton pointed an accusatory finger at South Africa's intelligence services.

And although government tried to downplay it as something trivial, it does still point to serious shortcomings in the country's ability to combat terrorism

A government like the ANC can easily exploit certain parts of the Bill to act against its opponents and so undermine our constitutional democracy

In the South African context, replacing subsection 5 of the Bill is particularly important, where it reads:

Notwithstanding any other provision in any other law, and subject to subsection (4), a political, philosophical, ideological, racial, ethnic, religious, or any similar motive, shall not, for any reason, including for purposes of prosecution or extradition, serve as a valid defence with regard to an offence of which the definition of terrorist activity forms an integral part.

The FF Plus has a political duty to make sure that government does not exploit provisions such as these. A further political objective is to overthrow the ANC government.

There are certain cases, like Section 235 of the Constitution about the right to self-determination, that government can interpret as constituting an act of terrorism in terms of this Bill.

Therefore, the FF Plus cannot support these amendments to the law. The ANC cannot be trusted with such sensitive legislation in its hands.

Issued by Pieter Groenewald, FF Plus leader, 29 November 2022