# summary

- Link: https://dearsouthafrica.co.za/apartheid-bill/summary/
- Published: 2025-12-02T15:15:33+02:00
- Author: dearSA

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Public participation report – with all public comments

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This report was delivered to Parliament in anticipation of the holidays and includes
all public comments received before 15 December 2025.  However, the comment period
is still open . We encourage you to have a say.

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The “Apartheid Bill” is a Private Member’s Bill introduced by Al Jama-ah to domesticate
the 1973 UN Apartheid Convention into South African law. While South Africa already
recognizes apartheid as a crime against humanity under the Rome Statute Act (2002),
this new Bill seeks to establish it as a stand-alone crime with broader, specific
definitions and extraterritorial reach.

**Its primary political catalyst is the global solidarity movement with Palestine.**
The Bill is explicitly designed to allow South African courts to prosecute individuals(
including dual citizens) accused of committing or aiding apartheid acts anywhere
in the world, with a clear focus on the situation in Israel and the Occupied Palestinian
Territories.

[ Comment on the Apartheid Bill](https://dearsouthafrica.co.za/apartheid-bill/#havasay)

[Strategic Context & Origins](https://dearsouthafrica.co.za/apartheid-bill/summary/#1738150189952-44103674-e29d31d9-c3bef851-7355)

    - **The “Secretariat”**: Although introduced by Al Jama-ah, the Bill is piloted
      on behalf of a “secretariat” of eight parties, including the ANC, EFF, MK 
      Party, PAC, and GOOD. This indicates broad cross-party support within the “
      progressive” bloc of Parliament.
    - **Accession to Convention:** The Bill follows the South African government’s
      accession to the 1973 UN Apartheid Convention on 14 May 2024. The Bill acts
      as the “enabling legislation” required to make that international commitment
      enforceable in domestic courts.
    - **Palestine Focus:** Al Jama-ah leader Ganief Hendricks has explicitly stated
      the Bill’s intent: “Israel is an apartheid state and those South Africans…
      who support it, are therefore complicit and must face the full might of the
      law”.

[Key Legal Mechanisms](https://dearsouthafrica.co.za/apartheid-bill/summary/#1738150189975-5d0623dc-47dc31d9-c3bef851-7355)

The Bill proposes three major shifts in South African criminal law:

**A. Stand-Alone Crime**
 Currently, apartheid is prosecuted as a subset of “crimes
against humanity” under the Rome Statute. This Bill makes it a distinct crime with
its own specific definition derived from the 1973 Convention, potentially lowering
the threshold for prosecution by focusing specifically on “institutionalised regimes
of systematic oppression”.

**B. Extraterritorial Jurisdiction (The “Long Arm”)**
 The Bill grants South African
courts jurisdiction over the crime even if it is committed outside the country. 
This applies if:

    - The perpetrator is a South African citizen or resident.
    - The victim is a South African citizen or resident.
    - The perpetrator is present in South Africa after committing the crime (Universal
      Jurisdiction principle).

**C. The “Gatekeeper” Clause**
 To prevent frivolous private prosecutions, the Bill
creates a check: no prosecution can be instituted without the written consent of
the National Director of Public Prosecutions (NDPP). This places the final decision
to prosecute firmly within the state’s centralised legal authority.

[Political & Legal Landscape](https://dearsouthafrica.co.za/apartheid-bill/summary/#1738150854013-bb98f5fb-7d0931d9-c3bef851-7355)

  |  **Support** |  **Opposition & Challenges** |  
   |  **Coalition:** ANC, EFF, MK, Al Jama-ah, PAC, GOOD. |  **Political Opposition:** The **Democratic Alliance (DA)** and **Freedom Front Plus (FF+)** have historically opposed describing Israel as an “apartheid state” and have voted against similar motions. They are expected to contest the Bill on foreign policy and constitutional grounds. |  
 |  **Motivation:** Viewed as a necessary tool to operationalize South Africa’s foreign policy and human rights obligations (e.g., the ICJ genocide case). |  **Legal Hurdles:** Experts note that extraterritorial jurisdiction is legally complex to enforce. Investigating crimes committed in foreign sovereign states (like Israel) without that state’s cooperation is practically difficult. |  
 |  **Civil Society:** Strongly backed by Palestine solidarity groups and human rights activists like UN Special Rapporteur Francesca Albanese. |  **Constitutional Tensions:** Debates may arise regarding the Bill’s interaction with the Constitution’s property and non-racialism clauses, though supporters argue it strengthens the Constitution’s anti-discrimination mandate. |

[Conclusion](https://dearsouthafrica.co.za/apartheid-bill/summary/#1738151172108-10076802-4d0031d9-c3bef851-7355)

The Bill represents a significant move to “weaponise” South Africa’s human rights
laws for international justice causes. While it has strong support from the ruling
ANC and major opposition parties (EFF, MK), its practical enforcement will depend
heavily on the **NDPP’s willingness to authorise prosecutions** and the courts’ 
ability to navigate complex international jurisdictional issues.

### _Top Concerns_

The “Apartheid Bill” has generated significant debate, with concerns primarily stemming
from its practical enforceability, diplomatic implications, and political motivations.
Here are the top concerns surrounding the Bill:

[Diplomatic & Foreign Policy Risks](https://dearsouthafrica.co.za/apartheid-bill/summary/#1764685826676-6393b1ee-5f83)

**Targeting Israel:** The Bill is widely understood to be a strategic move to target
the State of Israel and its officials. Critics, including the Democratic Alliance(
DA) and Freedom Front Plus (FF+), view this as “lawfare”—using the legal system 
to fight foreign policy battles. There are fears that this could strain South Africa’s
diplomatic relations with key trading partners who are allies of Israel (e.g., the
US and UK).

**“Apartheid State”** Designation: By formally domesticating the crime of Apartheid
as a stand-alone offense, the Bill creates a legal framework to label specific foreign
nations as “Apartheid States.” This could force the South African government into
diplomatic corners, obliging them to arrest visiting dignitaries from those nations,
similar to the controversy surrounding the ICC and Omar al-Bashir.

[Legal & Constitutional Challenges](https://dearsouthafrica.co.za/apartheid-bill/summary/#1764685826729-b823f697-ab7f)

**Extraterritorial Jurisdiction (The “Long Arm”):**

    - **Enforceability:** Legal experts raise concerns about the practicality of
      South African courts prosecuting crimes committed entirely on foreign soil.
      Investigating a crime in a hostile foreign jurisdiction (e.g., gathering evidence
      in Gaza or the West Bank without Israeli cooperation) is practically impossible.
    - **Trial in Absentia:** If the accused does not enter South Africa, the law
      may be toothless, serving only as a symbolic gesture rather than an effective
      legal tool.

**The NDPP “Gatekeeper” Clause:**

    - The Bill requires the written consent of the National Director of Public Prosecutions(
      NDPP) before any prosecution can start.
    - **Concern**: Supporters fear this could lead to political interference where
      the state blocks prosecutions to avoid diplomatic embarrassment. Conversely,
      opponents fear a “rogue” NDPP could authorise politically motivated prosecutions.

[Political Polarisation](https://dearsouthafrica.co.za/apartheid-bill/summary/#1764685826768-265b1725-5622)

**Fracturing the GNU:** The Bill is championed by a “Progressive Caucus” (including
ANC, EFF, MK) but opposed by key members of the Government of National Unity (GNU),
specifically the DA and FF+. Pushing this Bill through could create fissures within
the coalition government, as the DA has historically voted against motions labeling
Israel an apartheid state.

**Symbolism vs. Substance:** Critics argue that the Bill is performative politics
designed to rally voter bases around the Palestinian cause rather than legislation
that will have a tangible impact on crime or justice in South Africa.

[Implementation Issues](https://dearsouthafrica.co.za/apartheid-bill/summary/#1764685826815-8341ceaa-6325)

**Resource Drain:** There are concerns that establishing specialized units or allocating
High Court resources to try complex international crimes will divert scarce resources
away from addressing South Africa’s soaring domestic crime rates (murder, rape, 
corruption).

**Overlap with the Rome Statute:** South Africa already has the Implementation of
the Rome Statute Act (2002), which criminalizes apartheid as a crime against humanity.
Legal critics might argue this new Bill is redundant and creates confusion by establishing
a duplicate legal regime for the same offense.

Notice to introduce / explanatory note

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United Nations – The Apartheid Convention

_Description: The original 1973 international convention that this Bill seeks to
domesticate into South African law_

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### _In the News_

    - SA Jewish Report — [Proposed Apartheid Bill could criminalise Israel ties](https://www.sajr.co.za/proposed-apartheid-bill-could-criminalise-israel-ties/)
    - The Common Sense — [Al Jama-ah Party, That Called for the Destruction of Israel, Seeks Prison Time for South Africans who Support Israel](https://www.thecommonsense.co.za/Politics/al-jama-ah-party-that-called-for-the-destruction-of-israel-seeks-prison-time-for-south-africans)
    - Gateway News — [Have your say on ‘Apartheid Bill’ that targets Israel, supporters](https://gatewaynews.co.za/have-your-say-on-apartheid-bill-that-targets-israel-supporters/)
    - EWN — [SA govt urged to implement bill that will provide legal basis for boycotts, sanctions against Israel](https://www.ewn.co.za/2025/09/28/sa-govt-urged-to-implement-the-proposed-apartheid-bill)
    - GroundUp — [Activists create human chain for Palestine along Sea Point promenade](https://groundup.org.za/article/activists-create-human-chain-for-palestine-on-sea-point-promenade/)
    - Voice of the Cape — [Al Jama-ah’s second MP: “The party will not be silent in parliament when it comes to liberation and freedom of the Palestinians”](https://vocfm.co.za/al-jama-ah-second-mp-after-being-sworn-in-the-party-will-not-be-silent-in-parliament-especially-when-it-comes-to-liberation-and-freedom-of-the-palestinians/)
    - Media Review Network — [Push for the 2024 Apartheid Bill: Ending Support for the Crime of Apartheid in South Africa](https://mediareviewnet.com/2024/10/push-for-the-2024-apartheid-bill-ending-support-for-the-crime-of-apartheid-in-south-africa/)
    - Elitsha — [South Africans push for the adoption of ‘Apartheid Bill’ to isolate Israel](https://elitshanews.org.za/2024/10/06/south-africans-push-for-the-adoption-of-apartheid-bill-to-isolate-israel/)
    - Al Jamah-ah — [Al Jama-ah’s Historic New Bill to Criminalise Apartheid Takes Centre Stage](https://www.aljama.co.za/press-release-al-jama-ahs-historic-new-bill-to-criminalise-apartheid-takes-centre-stage/)
    - SA Legal Academy — [UN APARTHEID CONVENTION: AL JAMA-AH CALLS FOR INPUT ON LEGISLATIVE PROPOSALS](https://legalacademy.co.za/news/read/un-apartheid-convention-al-jama-ah-calls-for-input-on-legislative-proposals)
    - Al Jamah-ah — [Al Jama-ah Tables Apartheid Complicity Bill](https://www.aljama.co.za/al-jama-ah-tables-apartheid-complicity-bill/)

**SABC News.** Al Jama-ah has tabled a bill in Parliament to give effect to the 
International Convention on the suppression and punishment of Apartheid crimes. 
The convention establishes apartheid as a crime against humanity, placing it in 
the same category as genocide and war crimes. Al Jama-ah leader Ganief Hendricks
joins us for a further discussion.

**StephanZA** New ‘Apartheid’ Bill is The End of Freedom of Speech in South Africa…
But the biggest threat isn’t his speech — it’s the new apartheid criminalization
bill quietly pushed by Al Jama-ah and openly supported by the ANC, EFF, and every
far-left party in Parliament. This bill will override the Constitution, crush due
process, and criminalize anything the government labels as “apartheid activity” —
including PR stunts, free speech, criticism of the ANC, defending minority rights,
or even making YouTube videos. It is the most authoritarian law proposed in democratic
South Africa.

**Willem Petzer ** New Apartheid Crime Bill Could Criminalise Dissent in South Africa

**Morning Shot** New Apartheid Bill Proposed

**Home Affairs Minister Aaron Motoaledi speaks about the Private Members Bill/ ALJAMA-
AH in Parliament**

President of Al jama-ah and Deputy Minister Hon. Ganief Hendricks delivers his speech
at the mass march, which took place on the 5th October.

### _Statements and media releases_

Click on a logo to view.

Want to display your organisation’s statement? [Click here. ](https://dearsouthafrica.co.za/apartheid-bill/summary/ apart@dearsouthafrica.co.za?subject=org info for Apartheid Bill info page)

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### Cape Independence Party

 **CAPEXIT Party strongly opposes the Business Licensing Bill in its entirety on
all points:**

**Preferential licensing**
 The Bill explicitly empowers the Minister to grant licences
on a “preferential” basis and to impose conditions that advance “historically disadvantaged
individuals” or other designated groups. This is nothing less than state-sanctioned
racial and ideological discrimination dressed up as transformation policy.

CAPEXIT rejects the notion that the state has any legitimate role in deciding which
racial or social group may or may not operate a business. Such preferential licensing
will:

    - Reintroduce apartheid-era economic controls under a new ideological banner;
    - Create a cronyist system where access to markets is determined by political
      connections and demographic criteria rather than merit, innovation or consumer
      demand;
    - Discourage both domestic and foreign investment, as investors will rightly
      fear that their businesses can be denied licences or subjected to arbitrary
      conditions on racial or political grounds.

No free society licenses businesses on the basis of the owner’s skin colour or historical
narrative. This clause alone renders the entire Bill unconstitutional and morally
indefensible.

**Principles of business licensing**
 The Bill fails to articulate any coherent,
objective, or proportionate principle for requiring a general business licence in
the first place. Instead, it presumes that every enterprise – from a street vendor
to a multinational corporation – must seek prior permission from the state simply
to exist and trade.

This reverses the fundamental principle of a free economy: citizens should be free
to engage in lawful economic activity without state permission unless there is a
clear, evidence-based justification (e.g. public health, safety or environmental
protection).

The Bill provides no such justification. It is a blanket assault on economic freedom,
reminiscent of the licence-permit raj that crippled India’s economy for decades.
Requiring a general “business licence” in addition to existing sector-specific permits(
liquor, health, zoning, etc.) serves no legitimate public purpose – only the purpose
of expanding state control and creating new opportunities for rent-seeking and corruption.

**Powers of inspectors**
 The Bill grants inspectors extraordinarily broad and invasive
powers, including warrantless entry into private premises, seizure of documents 
and goods, and the ability to close businesses on the spot. These powers are ripe
for abuse and will be weaponised against political opponents, non-compliant businesses,
and any entrepreneur who refuses to pay bribes.

In a country already plagued by corruption scandals, handing unelected officials
the power to enter and shut down businesses without judicial oversight is an open
invitation to extortion. Small businesses, spaza shops, and informal traders – many
of them immigrant-owned – will be particularly vulnerable to harassment and shakedowns.
Far from promoting transformation, this will simply create a new class of “licence
inspectors” who enrich themselves at the expense of the poor.

**More red tape**
 South Africa already ranks poorly on the World Bank’s Ease of
Doing Business index, largely because of regulatory overreach. This Bill adds yet
another layer of costly, time-consuming bureaucracy on top of SARS registration,
municipal permits, B-BBEE compliance, UIF, COIDA, sector SETA requirements, and 
dozens of other licences.

The compliance costs – application fees, mandatory consultations, endless paperwork,
and the risk of arbitrary refusal – will crush startups and force thousands of small
businesses to close or remain informal. Jobs will be lost, investment will flee,
and the tax base will shrink. The Western Cape, which has consistently outperformed
the rest of South Africa precisely because of lighter and more efficient regulation,
will see its competitive advantage deliberately sabotaged by Pretoria.

**Conclusion**
 The Business Licensing Bill is not reform – it is economic sabotage.
It centralises power in the hands of an already overreaching and underperforming
national government, reintroduces racial criteria into commerce, and erects new 
barriers to entrepreneurship at a time when South Africa desperately needs growth
and jobs.

CAPEXIT calls for the complete withdrawal of this Bill. The people of the Western
Cape, and indeed all South Africans who believe in freedom, will not accept a return
to a permit-based economy controlled by bureaucrats and political gatekeepers.

For a free, prosperous, and non-racial future, this Bill must be rejected in its
entirety.