Terrorist and Related Activities, 2022

comments individually delivered (NOW CLOSED)

The Portfolio Committee on Police invited comment on the Protection of Constitutional Democracy against Terrorist and Related Activities Amendment Bill

OPINION: The Amendment sets a broad definition of “terrorist activity” and there is no single internationally agreed upon definition of “terrorism”. The broad definition is problematic as it would enable the state to criminalise any citizen who supports one side of a controversial topic, or those who criticise or challenge the government’s policies or legislation, as “encouragement” or “indirect” facilitation of terrorism.

Please note there are two similar Bills open for comment – we do encourage you to participate in both – other Bill available here

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    FOR SA discusses proposed amendments to South Africa’s anti-terrorism laws with Rob Hutchinson of DearSA – and the impact on fundamental freedoms.


    The Bill seeks to;

    • delete, amend and insert certain definitions for purposes of alignment with international instruments adopted upon the implementation of the Act;
    • provide for offences related to terrorist training and the joining and establishment of terrorist organisations;
    • provide for offences related to foreign travel and attempt to leave the Republic under certain circumstances;
    • provide for offences in respect of the possession and distribution of publications with unlawful terrorism related content;
    • provide for authorisation to be obtained from the Director of Public Prosecutions in respect of the investigation and prosecution of certain offences;
    • provide for the issuing of warrants for the search and cordoning off of vehicles, persons and premises;
    • provide for a direction requiring the disclosure of a decryption key and the effect of a direction to disclose a decryption key;
    • provide for the removal of, or making inaccessible, publications with unlawful terrorism related content; and to provide for matters connected therewith.