Calls for public feedback on new Apartheid Bill
South Africans can have their say on the draft legislation which will create a stand-alone crime of Apartheid distinct from existing provisions.
Image: File
SOUTH AFRICANS have been called to have their say on the Apartheid Bill, a new Private Member’s Bill introduced by political party Al Jama-ah, to adopt the UN’s 1973 anti-apartheid treaty into local law.
While South Africa already recognises apartheid as a crime against humanity under the Rome Statute Act (2002), the new Bill seeks to establish it as a stand-alone crime with broader, specific definitions and extraterritorial reach.
The Bill is designed to allow South African courts to prosecute individuals (including dual citizens) accused of supporting, committing or aiding apartheid acts anywhere in the world, with a clear focus on the situation in Israel and the Occupied Palestinian Territories.
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, the broad cross-party support within the “progressive” bloc of Parliament.
Supporters argue the Bill is a moral necessity to close the “impunity gap” and align South African law with its international commitments (ICJ case, UN Convention), while opponents are likely to argue the Bill is constitutionally vague, practically unenforceable, and a waste of parliamentary resources intended solely to antagonise Israel.
The draft legislation will create a stand-alone crime of Apartheid distinct from existing provisions under the Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act No. 27 of 2002).
It will grant extraterritorial jurisdiction to South African courts to prosecute individuals, South African citizens or residents, or persons present in South Africa for apartheid crimes committed anywhere, including in South Africa.
It will require consent from the National Director of Public Prosecutions (NDPP) before prosecution and will designate a High Court to handle such cases, following consultation with the Chief Justice and NDPP.
The Bill makes provision for the appointment of a specialist committee to investigate apartheid-related complaints and to make recommendations to the Minister responsible for the Apartheid Bill regarding those complaints.
Al Jama-ah leader member of parliament Imraan Moosa said the world must not allow apartheid to rear its ugly head again.
"This bill is a bold step to ensure those who engage in apartheid activities, including PR stunts, face the full force of the law. South Africa’s accession in 2024 reaffirmed its commitment to combating racial segregation and systemic oppression,” said Moosa.
DearSouthAfrica, a not-for-profit platform that enables the public to co-shape government policies, amendments and proposals has urged everyone to have their say.
Organised local government, municipalities, interested parties and institutions are invited to submit written representations on the proposed content of the draft Bill. Parliament will consider the comments before a decision is taken on the matter.
The deadline for public participation is on December 14.