Counter-terrorism policy in South Africa : 1994-2004

Abstract

This study focuses on South African counter-terrorism policy and legislation in the post-1994 period. It investigates the objectives of, and underlying reasons for, the new counter-terror policy of the South African government as reflected in the Anti-Terrorism Bill (12B-2003) and the Protection of Constitutional Democracy against Terrorist and Related Activities Act (No. 33 of 2004). It assesses whether or not the South African counter-terrorism legislation is an appropriate policy response by the South African government to the emerging national security threats arising from terrorism between 1994 and 2004. Finally, it discusses public responses to the new policy initiatives on counter-terrorism. It analyses the extent to which these policy proposals are consistent with the democratic values and the human rights culture enshrined in the South African Constitution. The study uses primary and secondary sources, including international Conventions and Protocols acceded to by the South African government and the reports of the South African Law Commission. Submissions by organisations of civil society on the Anti-Terrorism Bill (12B-2003) are compared and analysed. The dissertation is based on the following propositions: • the recent South African counter-terrorist initiatives are designed to outlaw terrorist activities, rather than also viewing terrorism as a socio-political phenomenon; • these initiatives are the result of both international as well as domestic requirements and pressures; and • that these counter-terrorist measures are compatible with its rights-based, constitutional order.