Terrorism, public policy and democracy in South Africa

Abstract

The democratic government of South Africa, after 1994, formulated a new official policy on terrorism. Stemming from this policy it undertook an overall review of security legislation, and promulgated a comprehensive counter-terrorism law, namely, the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No 33 of 2004). The legislative process took an entire decade to conclude and was met with stiff opposition from human rights and civil society groupings. The critical engagement between legislators and organs of civil society ensured that a delicate balance was struck in legislation between respect for human rights and civil liberties and the effective prevention and combating of terrorism.