Issued by: Ministry for Safety and Security
MEDIA STATEMENT BY THE MINISTER FOR SAFETY AND SECURITY, ON MONDAY 23 OCTOBER 1995
The Minister for Safety and Security, Mr Sydney Mufamadi, has requested the Minister of Justice, Mr Dullah Omar to refer the vexed issue of security legislation to the South African Law Commission for a thorough investigation and recommendations.
The Internal Security Act which was applicable in the previous RSA, Act 74 of 1982 has since 1991 been amended twice in order to remove objectionable provision of the past. The most recent amendment became effective on 29 April 1994 after the Transitional Executive Council had decided that section 29, which provided for detention without trail should be scrapped.
There are still four other security related Acts which were applicable in the former TBVC state, which remain in force. They are the:
These Acts, passed by the former TBVC States contain provisions such as detention without trial which are to varying degrees in conflict with the Constitution.
For the sake of legal certainty and in order to give effect to the Constitution, the above-mentioned laws should be repealed and replaced by one Act which is applied to the country as a whole.
The SA Law Commission will be requested to study security legislation in other democracies to ensure that South African security legislation complies with international norms, the Constitution and that it meets the present needs on our country.
Any proposed new security legislation which may emerge as a result of the investigation by the South African Law Commission will be subjected to intensive public debate and scrutiny to ensure that it enjoys broad public support.
Enquiries: Maxwell Mulaudzi 0823732005