Protection of Constitutional Democracy Against Terrorist and Related Activities Amendment Bill: adoption

Meeting report

Opening remarks

The Chairperson recalled that the Committee had engaged with members of the public, for most of last week, on their submissions regarding the Protection of Constitutional Democracy Against Terrorist and Related Activities (POCDATARA) Bill. The Committee received six written submissions, and three of those were presented orally. The Committee interacted with these submissions on 7 and 8 December, and had further deliberations on Friday, 9 December.

She noted that AfriForum did not send their submission on the Bill before the close of business on Friday, 9 December. However, in Friday’s meeting, the Committee had received further comprehensive responses from the Department of Police on all of the submissions. There was consensus that the majority of the Members supported the Bill without amendments. Therefore, in today’s proceedings, the Committee will table the Bill without amendments, for adoption. The Committee will also table the public participation report, as well as the Committee report on the Bill.

Consideration and adoption of the Protection of Constitutional Democracy Against Terrorist and Related Activities Amendment Bill [B15B – 2022] (National Assembly – section 75)

Ms M Bartlett (ANC, Northern Cape) moved for the adoption of the Bill.

Ms A Maleka (ANC, Mpumalanga) seconded the adoption.

Mr G Michalakis(DA, Free State) said that the DA does not support the Bill in its current form. The reason for this is that the DA is of the view that the definition of terrorist activity did not cover the important elements of that sort of crime. It is also believed that the inclusion of a safeguard for humanitarian organisations would have made for a better Bill. He asked that the Chairperson also note the DA’s objection for the Committee report on the POCDATARA Bill.

The Chairperson noted the DA’s objection.

The POCDATARA Amendment Bill was adopted.

Consideration and adoption of the Public Participation Report on the Protection of Constitutional Democracy Against Terrorist and Related Activities Amendment Bill [B15B – 2022] (National Assembly – section 75)

Mr T Dodovu (ANC, North West) moved for the adoption of the public participation report.

Ms Bartlett seconded the adoption.

The Public Participation Report on the POCDATARA Amendment Bill was adopted.

Consideration and adoption of the Committee report on the Protection of Constitutional Democracy Against Terrorist and Related Activities Amendment Bill [B15B – 2022] (National Assembly – section 75)

The Chairperson said that the DA had already noted its objection.

Mr Dodovu moved for the adoption of the Committee report.

Ms Maleka seconded the adoption.

The Committee Report on the POCDATARA Amendment Bill was adopted.

Read: ATC221212: Report of the Select Committee on Security and Justice on the Protection of Constitutional Democracy Against Terrorist and Related Activities Amendment Bill [B15 B – 2022] (National Assembly – section 75), dated 12 December 2022

Chairperson’s comments

The Chairperson said that the Committee was acutely aware of the dire consequences of South Africa potentially being greylisted, and the importance of processing the POCDATARA Amendment Bill timeously. Amongst these consequences, is that a country that does not remedy its deficiencies adequately it risks being identified by the FATF as a jurisdiction with strategic deficiencies, and such a public identification would have severe and adverse economic consequences for trade and transactions with other countries, and hence affect economic growth. The Committee has therefore given all its time and attention to this Bill.

The Committee is grateful to the public, for their comments and engagement on this Bill. The Committee is pleased that the Bill has been well thought out and that it is an effective piece of legislation that is in line with international law. The Bill will go a significant way in the prevention of terrorism and give effect to international instruments dealing with terrorist and related activities. It will also go a long way in the prevention of South Africa being greylisted.

She thanked the legal teams that provided the Committee with assistance, as well as the Committee’s staff for their tireless support and dedication to the work of the Committee.

Closing remarks

Mr Dodovu thanked the Chairperson for the manner in which she had steered the Committee during this process, especially because the Committee had also dealt with another laborious process of the Electoral Amendment Bill.

The Chairperson said that it was the commitment of all Members that supported the process of the POCDATARA and Electoral Amendment Bill within the stipulated timeframes.

The meeting was adjourned.