STATEMENT BY MINISTER OF JUSTICE, MR DULLAH OMAR: EMERGENCY BILL

Issued by: Ministry of Justice

The Emergency Bill has been tabled for discussion by the Justice Portfolio Committee.

The purpose of the Bill is to bring existing emergency legislation into line with the requirements of Section 34 of the Constitution. In so doing, it repeals and substitutes the Public Safety Act, 1953, repeals section 103 of the Defence Act, 1957 together with legislation on states of emergency in the TBVC states.

The Public Safety Act was introduced in an attempt to crush the Defiance Campaign in the early 'fifties. It granted Draconian powers to government, enabling it to respond with force and violence to a mass based campaign of peaceful resistance to apartheid laws.

The legislation as it stands at present (Public Safety Act) gives the President and the Minister sweeping powers to declare states of emergency. Objective criteria are irrelevant and decisions are based on what the President or Minister think necessary. The courts have no power to test the declaration of an emergency.

Section 34 of the Constitution lays down guidelines for states of emergency.

• A state of emergency may be declared only where the security of the country is threatened by war, invasion, general insurrection or disorder, or at a time of national disaster, and if the declaration is necessary to restore peace and order.
• The President may declare a state of emergency for a period of 21 days, after which it can be extended for a renewable period of three months at a time by the National Assembly with a majority of at least two-thirds of its members.
• A further safeguard declares any superior court competent to enquire into the validity of such a declaration at any stage. Very few countries have given the courts such extensive powers to intervene in this way.

There was broad consultation with all role players during the drafting of the Bill.

Issued on behalf of the Minister of Justice by Susan de Villiers 021-457506/7 or page 021-215420 code 27989.

21 June 1995