Municipal law responses to the threat of international terrorism
Abstract
The question this thesis wish to address is “how does South African municipal law respond to the public international law prohibition on international terrorism?.” The international legal frame work countering the threat posed by international terrorism is not adequate as a result of the lack of a universally accepted definition of terrorism. South Africa has been having legislation countering terrorism since the apartheid era and the current democratic era.
The present legislation such as the Protection of Constitutional Democracy against Terrorist Related Activities Act 33 of 2004 is not adequate to effectively deal with the threat posed by international terrorism. In order to be able to prevent and combat the threat posed by international terrorism within its jurisdiction, South Africa is to learn relevant lessons from the USA and UK. The two states have been in the fore front in the fight against international terrorism and have legislation effectively dealing with terrorism in their respective jurisdictions. The two states have also shown the importance of the protection of human rights while fighting international terrorism. Enacting legislation adequate to deal effectively with the threat posed by international terrorism is of importance to South Africa. South Africa must also enter into international agreements that would enhance its ability to deal effectively with the threat of terrorism in its jurisdiction.
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