In a submission to the National Assembly's safety and security committee yesterday, which is currently holding public hearings on the bill, the LRC says a concise definition of terrorism is needed.
This will ensure individuals are not subjected to the bill's provisions in an arbitrary way.
The proposed definition of a terrorist act could realistically apply to legitimate protest.
Under the proposed definition, a trade union strike, or protest that resulted in property damage and was intended to put pressure on government, would satisfy the bill's definition of terrorist act, the LRC submission said.
"It is immaterial whether the intention of the government is to refrain from invoking the bill to deal with the legitimate civil unrest.
"Vagueness and ambiguity in legislation is an invitation for abuse".
The only bar to any police officer or public prosecutor instituting proceedings under the act, would be that the consent of the National Director of Public Prosecutions would be required.
All the powers in the draft bill ultimately derived from the definition of terrorist act.
"These extraordinary powers must be counter-balanced by a strictly worded definition, and the current vague proposal is so broad it could easily encompass anything, including legitimate civil unrest and protest".
It was also impossible for anyone simply reading the legislation to understand what the offences were without cross-referencing to numerous other documents and protocols dating back to 1963.
The LRC said it was also concerned that certain sections of the draft bill would be found unconstitutional. – Sapa.
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