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Anti-terror legislation adopted in assembly

22nd November 2003

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Anti-terrorism legislation was finally approved in the National Assembly on Thursday, with the support of all parties in the House.

The Protection of Constitutional Democracy Against Terrorist and Related Activities Bill, was long in the making.

In previous drafts the bill was known as the Anti-Terrorism Bill, and the final bill was redrafted from the earlier version, which was clearly unconstitutional and excessive.

Introducing debate on the measure, Deputy Safety and Security Minister Joe Matthews said no country was exempted from terrorist threats and attacks.

This was demonstrated by, among others, the bombings of the US Embassies in Kenya and Tanzania, and the spate of urban terror in the Western Cape.

The bill struck a balance between the legitimate struggle by peoples for their liberation within the confines of international law, and unjustified political, philosophical, ideological, racial, ethnic, religious or other motives.

The bill defined the concept of terrorist activity and created an offence of terrorism in line with South Africa's international obligations, Matthews said.

Safety and Security portfolio committee chairperson Mluleki George, rejected suggestions the bill was a result of US pressure following the 2001 World Trade Centre attacks.

The process of drafting the bill went as far back as 1995, and it took four drafts to arrive at the final version.

Among other things, the provisions that evaded much of the constitutional protection afforded the accused and the wide powers given the police in previous drafts, had been completely done away with, George said.

The Democratic Alliance's Paul Swart said the measure was intended to protect "our hard-earned democracy and the wonderful document that is our Constitution".

The final bill should put to rest all fears by law-abiding citizens of infringements on their human or other rights, while still empowering the security agencies with the means to act decisively to protect people from the worldwide phenomenon of "terrorism", and in all aspects fulfil South Africa's international obligations, he said.

Johnny Schippers of the New National Party said, apart from the international obligations, the bill would deter any person, group or entity who had the "idea of undermining our democracy and Constitution".

"The Bill is a good instrument in the hands of all law enforcement agencies and the South African courts to have a very clear and definite guideline for them in any legal procedure," he said.

The bill now goes to the National Council of Provinces for concurrence.

Earlier on Thursday, a group of Anti-war Coalition supporters picketed outside the gates of Parliament and handed an "open letter to the state and all parliamentary parties" to George in protest against the bill.

The coalition claimed the bill ushered in "presidential rule without any mandate from the masses".

"Today the state and all parliamentary parties are ushering in what can only be described as a permanent state of emergency, under the guise of 'defence of constitutional democracy'".

"The true intention of this new law is not to fight 'terrorism', but to crack down on the working class resistance in the face of super-exploitation by imperialism and their local lackeys," the letter stated. – Sapa.
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