The impact of 9/11 on the South African anti-terrorism legislation and the constitutionality thereof

Abstract

This paper aimed at analysing what was South Africa's response to its international obligations regarding the 9/11 events and how does such response comply with the country's constitutional framework. This study gave a brief outline of the most significant legislative changes in a number of countries and then concentrate on the South African anti-terrorism legislation. It identified the provisions of the Act that have been discussed most controversial throughout the drafting process and analysed whether they comply with constitutional standards. Particular emphasis was laid on the possible differences between the South African Act and comparative legislation that derive directly from the apartheid history of the country.