Proposed apartheid prosecution bill described as ‘devious’ and vague

An attempt to revisit the wrongs of the past using adapted international frameworks is causing frustration due to the lack of clarity provided.

Al Jama-ah, supported by seven other parties, on 14 November submitted a notice of intention to introduce a private member’s bill aimed at revisiting the “crime of apartheid”.  

However, the notice of intention provided only an explanatory summary of the Draft Bill, stating that the full draft would be gazetted only after the public comment period and subsequent introduction.

Al Jama-ah’s website states that the final draft is pending as the party is waiting on the legislative drafting team to complete its work.

‘Including PR stunts’

The draft Implementation of the International Convention on the Suppression and Punishment of the Crime of Apartheid Bill aims to give the state the ability to broadly prosecute South Africans responsible for apartheid.

Using a 1973 United Nations resolution on apartheid and the Rome Statute, a founding document of the International Criminal Court, the legislation would allow for the prosecution of any current or former perpetrators of apartheid.

Al Jama-ah’s explanatory summary does not define who the perpetrators would be, but Article II of the ‘Apartheid Convention’ defines the crime of apartheid as “inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group”.

The bill also seeks “extra-territorial jurisdiction” in giving the National Director of Public Prosecutions the power to initiate legal proceedings against anyone “who is present in the republic after having committed the crime of apartheid”, among others.

The other seven parties backing the notice of intention are the ANC, EFF, uMkhonto weSizwe party, Rise Mzansi, Good Party, Pan African Congress and National Coloured Congress.

“This bill is a bold step to ensure those who engage in apartheid activities, including PR stunts, face the full force of the law,” stated Al Jama-ah’s Imraan Ismail-Moosa.

‘Unconstitutional views’

The notice of intention states that the bill’s implementation would fall under the Minister of International Relations and Cooperation, who will need to submit periodic reports to the UN.

Al Jama-ah state it will release copies of the Draft Bill after its introduction, with the public able to comment on the proposed contents of the Draft Bill until 13 December.   

The South African Jewish Board of Deputies (SAJBD) confirmed on Monday that no bill formally existed, but questioned Al Jama-ah’s motives.

“It is devious to express an intention to put forward a 30-year-old international convention into South African law, without transparency, sharing how it will be used,” the SAJBD stated.

The board said they had consulted parliamentarians and legal experts to avoid the proposed bill being “weaponised”.

Apartheid ‘slander’

Article III of the Apartheid Convention also attributes international criminal responsibility to individuals and organisations who “abet, encourage or co-operate” in apartheid actions.

“Should Al Jama-ah attempt to insert unconstitutional views into South African law, we will oppose it, using the constitutional protections in our country,” the board concluded.

SAJBD explained that Al Jama-ah had repeatedly expressed hostility toward South Africa’s Jewish community, including accusing members of parliament who visited Israel of partaking in apartheid activity.

“While the lack of transparency regarding the proposed wording of this bill makes accurate comment impossible, Al Jama-ah’s history of hostility leads us to assess that it is very likely that it intends to nefariously use the legislation to target our community,” SAJBD analyst Adam Charnos told The Citizen.

“Jewish South Africans were disproportionately represented among white opponents of apartheid and played a significant role in the struggle against it.

“We therefore reject the cynical misappropriation of the term ‘apartheid’ to slander our community and world Jewry,” Charnos concluded.

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