Terrorism Act, 1967

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Terrorism Act, 1967

The Terrorism Act No. 83 of 1967 was a law passed by South Africa’s apartheid-era Parliament. It was meant to help the government fight violent resistance, but it was used to target anti-apartheid groups and activists. The act defined terrorism broadly and made participating in terrorist acts a serious crime, even a capital crime in some cases.

Key dates
- Assented to: 12 June 1967
- Commenced: 21 June 1967 (retrospective to 27 June 1962)
- Repealed: 2 July 1982 (Internal Security Act, 1982); Section 7 remained in effect

Administration
- Administered by the Minister of Justice
- Related security measures included the creation of the Bureau of State Security

What the act did
- Created powers to prosecute terrorism offenses and detain suspects
- Made terrorism offenses punishable by severe penalties, including the death penalty in some cases
- Allowed police to detain a terrorism suspect for up to 60 days without trial (detention could be renewed)
- Extended liability to those who harbored, concealed, or assisted terrorists, even if they weren’t directly involved

Structure
- Ten sections covering: definitions; the meaning of terrorism; harboring, concealing, or assisting terrorists; jurisdiction and venue; trial procedures; detention and interrogation; the legal process in criminal proceedings; how prosecutions begin (Attorney General or Acting Attorney General); commencement and application; and the short title

Key provisions (in simple terms)
- Section 1: Defines key terms used in the Act
- Section 2: Defines terrorism as acts aimed at disrupting law and order or encouraging others to do so
- Section 3: People who assist or support terrorists could be punished, up to five years in prison or the death penalty
- Sections 4–5: Who has authority to deal with offenses under the Act
- Section 6: Suspected terrorists could be detained for 60 days (renewable) without trial by a senior police officer; many detainees disappeared
- Section 7: The judiciary retained some oversight over arrests and trials
- Section 8: Trials under the Act required consent from the Attorney General
- Section 9: How the Act came into operation and where it applied
- Section 10: The Act’s official short title

Other provisions
- The Act contributed to the establishment of the Bureau of State Security (BSS)

Impact and context
- Widely used to suppress opponents of the regime and to target liberation movements
- Detainees faced harsh treatment; Steve Biko died in police custody in 1977
- It is estimated that around 80 detainees died in custody in the early years of the Act

Repeal and legacy
- Repealed by the Internal Security Act, 1982 (though some provisions lingered)
- Today, the Act is seen as part of the repressive security laws of apartheid South Africa