Back to the Future? New South African Anti-Terror Law

Author: M. Schönteich

Source: Terrorism and Political Violence, Volume 14, Number 2, Summer 2002 , pp. 1-22(22)

Publisher: Routledge, part of the Taylor & Francis Group

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Abstract:

Since 1996 the South African government has undertaken a process of reforming the country's terrorism laws. It plans to adopt a new and comprehensive Anti-Terrorism Act during 2002. The law is likely to contain some tough provisions. The draft law proposes to define terrorism broadly, permit the detention of terror suspects without charge for up to 14 days, limit terror suspects' right to bail, and provide the police with wide-ranging search and seizure powers. The new law could be ineffective in the state's fight against terror, if a number of operational weaknesses in the South African criminal justice system are not addressed. The most glaring weaknesses are the lack of detection and prosecution skills, resource constraints and insufficient public co-operation with law enforcement agencies.

Keywords: South Africa; terrorism; legislation; Anti-Terrorism Bill; terrorism policy; South African Law Commission

Document Type: Research article

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