Terrorism Act, 1967

Last updated

Terrorism Act, 1967
Coat of Arms of South Africa (1932-2000).svg
Parliament of South Africa
  • Act to prohibit terroristic activities and to amend the law relating to criminal procedure; and to provide for other incidental matters.
CitationAct No. 83 of 1967
Enacted by Parliament of South Africa
Assented to12 June 1967
Commenced21 June 1967 (deemed retroactive to 27 June 1962)
Repealed2 July 1982
Administered by Minister of Justice
Repealed by
Internal Security Act, 1982
Status: Repealed

The Terrorism Act No 83 of 1967 was a law of the South African Apartheid regime until all except section 7 was repealed under the Internal Security and Intimidation Amendment Act 138 of 1991.

Contents

Detention without trial

Section 6 of the Act allowed someone suspected of involvement in terrorism—which was very broadly defined as anything that might "endanger the maintenance of law and order"—to be detained for a 60-day period (which could be renewed) without trial on the authority of a senior police officer. Since there was no requirement to release information on who was being held, people subject to the Act tended to disappear.

The death of Steve Biko in police custody in 1977, while being detained under the Act, was a particular cause célèbre . It is estimated that approximately 80 people died while being detained under the Act. [1]

Other provisions

Other provisions of the Act included the founding of the Bureau of State Security.

Related Research Articles

<span class="mw-page-title-main">Counterterrorism</span> Activity to defend against or prevent terrorist actions

Counterterrorism, also known as anti-terrorism, relates to the practices, military tactics, techniques, and strategies that governments, law enforcement, businesses, and intelligence agencies use to combat or eliminate terrorism.

<span class="mw-page-title-main">Terrorism Act 2000</span> United Kingdom legislation

The Terrorism Act 2000 is the first of a number of general Terrorism Acts passed by the Parliament of the United Kingdom. It superseded and repealed the Prevention of Terrorism Act 1989 and the Northern Ireland Act 1996. It also replaced parts of the Criminal Justice Act 1998. The powers it provides the police have been controversial, leading to noted cases of alleged abuse, and to legal challenges in British and European courts. The stop-and-search powers under section 44 of the Act have been ruled illegal by the European Court of Human Rights.

A citizen's arrest is an arrest made by a private citizen – that is, a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.

<span class="mw-page-title-main">Anti-terrorism, Crime and Security Act 2001</span> United Kingdom legislation

The Anti-terrorism, Crime and Security Act 2001 is an Act of Parliament of the United Kingdom, formally introduced into Parliament on 19 November 2001, two months after the terrorist attacks in the United States on 11 September. It received royal assent and came into force on 14 December 2001. Many of its measures are not specifically related to terrorism, and a Parliamentary committee was critical of the swift timetable for such a long bill including non-emergency measures.

Public intoxication, also known as "drunk and disorderly" and "drunk in public", is a summary offense in some countries rated to public cases or displays of drunkenness. Public intoxication laws vary widely by jurisdiction, but usually require an obvious display of intoxicated incompetence or behavior which disrupts public order before the charge is levied.

The Internal Security Act 1960 was a preventive detention law in force in Malaysia. The legislation was enacted after the Federation of Malaya gained independence from Britain in 1957. The ISA allows for detention without trial or criminal charges under limited, legally defined circumstances. On 15 September 2011, the Prime Minister of Malaysia, Najib Razak said that this legislation will be repealed and replaced by two new laws. The ISA was replaced and repealed by the Security Offences Act 2012 which has been passed by Parliament and given the royal assent on 18 June 2012. The Act came into force on 31 July 2012.

Preventive detention is an imprisonment that is putatively justified for non-punitive purposes, most often to prevent further criminal acts.

Anti-terrorism legislation are laws with the purpose of fighting terrorism. They usually, if not always, follow specific bombings or assassinations. Anti-terrorism legislation usually includes specific amendments allowing the state to bypass its own legislation when fighting terrorism-related crimes, under alleged grounds of necessity.

<span class="mw-page-title-main">Terrorist and Disruptive Activities (Prevention) Act</span> Repealed Indian legislation (1985–1995)

Terrorist and Disruptive Activities (Prevention) Act, commonly known as TADA, was an Indian anti-terrorism law which was in force between 1985 and 1995 under the background of the Punjab insurgency and was applied to whole of India. It was originally assented to by the President on 23 May 1985 and came into effect on 24 May 1985. This act was intended to halt the Khalistani Movement, an armed Sikh separatist movement present in Punjab. It later expanded to encompass other states as well. The Act had a sunset provision for lapsing after two years post-commencement, which it did on 24 May 1987. The Parliament not being in session, the life of the Act could not be extended. But the provisions were kept alive by an ordinance effective from the expiry date of the Act. This ordinance was later replaced with the Terrorist and Disruptive Activities (Prevention) Act, 1987. It was assented to on 3 September 1987, and made effective in two parts from 24 May 1987 and 3 September 1987. This also had a sunset provision of two years from 24 May 1987. It was renewed in 1989, 1991 and 1993 before being allowed to lapse in 1995 due to increasing unpopularity after widespread allegations of abuse. It was the first anti-terrorism law legislated by the government to define and counter terrorist activities.

From 2000 to 2015, the British Parliament passed a series of Terrorism Acts that were aimed at terrorism in general, rather than specifically focused on terrorism related to Northern Ireland. The timings were influenced by the September 11, 2001 attacks and 7 July London bombings, as well as the politics of the global War on Terrorism, according to the politicians who announce them as their response to a terrorism act.

<span class="mw-page-title-main">Detention (imprisonment)</span> Process whereby a state or private citizen lawfully holds a person, removing their freedom

Detention is the process whereby a state or private citizen lawfully holds a person by removing their freedom or liberty at that time. This can be due to (pending) criminal charges preferred against the individual pursuant to a prosecution or to protect a person or property. Being detained does not always result in being taken to a particular area, either for interrogation or as punishment for a crime. An individual may be detained due a psychiatric disorder, potentially to treat this disorder involuntarily. They may also be detained for to prevent the spread of infectious diseases such as tuberculosis.

Administrative detention is arrest and detention of individuals by the state without trial. A number of jurisdictions claim that it is done for security reasons. Many countries claim to use administrative detention as a means to combat terrorism or rebellion, to control illegal immigration, or to otherwise protect the ruling regime.

<span class="mw-page-title-main">Internal Security Act (Singapore)</span> Statute of the Parliament of Singapore

The Internal Security Act 1960 (ISA) of Singapore is a statute that grants the executive power to enforce preventive detention, prevent subversion, suppress organized violence against persons and property, and do other things incidental to the internal security of Singapore. The present Act was originally enacted by the Parliament of Malaysia as the Internal Security Act 1960, and extended to Singapore on 16 September 1963 when Singapore was a state of the Federation of Malaysia.

<span class="mw-page-title-main">Law enforcement in South Africa</span> Overview of law enforcement in South Africa

Law enforcement in South Africa is primarily the responsibility of the South African Police Service (SAPS), South Africa's national police force. SAPS is responsible for investigating crime and security throughout the country. The "national police force is crucial for the safety of South Africa's citizens" and was established in accordance with the provisions of Section 205 of the Constitution of South Africa.

Indefinite detention is the incarceration of an arrested person by a national government or law enforcement agency for an indefinite amount of time without a trial. The Human Rights Watch considers this practice as violating national and international laws, particularly human rights laws, although it remains in legislation in various liberal democracies.

The powers of the police in England and Wales are defined largely by statute law, with the main sources of power being the Police and Criminal Evidence Act 1984 and the Police Act 1996. This article covers the powers of police officers of territorial police forces only, but a police officer in one of the UK's special police forces can utilise extended jurisdiction powers outside of their normal jurisdiction in certain defined situations as set out in statute. In law, police powers are given to constables. All police officers in England and Wales are "constables" in law whatever their rank. Certain police powers are also available to a limited extent to police community support officers and other non warranted positions such as police civilian investigators or designated detention officers employed by some police forces even though they are not constables.

<span class="mw-page-title-main">General Law Amendment Act, 1963</span>

The General Law Amendment Act, number 37 of 1963, commonly known as the 90-Day Detention Law, allowed a South African police officer to detain without warrant a person suspected of a politically motivated crime for up to 90 days without access to a lawyer. When used in practice, suspects were re-detained for another 90-day period immediately after release.

<span class="mw-page-title-main">Internal Security Act, 1982</span>

The Internal Security Act, 1982 was an act of the Parliament of South Africa that consolidated and replaced various earlier pieces of security legislation, including the Suppression of Communism Act, 1950, parts of the Riotous Assemblies Act, 1956, the Unlawful Organizations Act, 1960 and the Terrorism Act, 1967. It gave the apartheid government broad powers to ban or restrict organisations, publications, people and public gatherings, and to detain people without trial. The Act was passed as a consequence of the recommendations of the Rabie Commission, which had enquired into the state of security legislation.

<span class="mw-page-title-main">Jammu and Kashmir Public Safety Act, 1978</span> Preventive detention law in the Indian state of Jammu and Kashmir

The Jammu and Kashmir Public Safety Act, 1978 (PSA) is a preventive detention law under which a person is taken into custody to prevent them from acting harmfully against "the security of the state or the maintenance of the public order" in the Indian state of Jammu and Kashmir. Whereas PSA applies only to Jammu and Kashmir, it is very similar to the National Security Act that is used by the central and other state governments of India for preventive detention.

References

  1. "DispatchLIVE".