States of Emergency - Centre for Policy Alternatives

two‐thirds majority, and accordingly, in terms of Article 84, PTA
became law despite many inconsistencies with the constitutional
provisions.” 298
The PTA contains a three‐paragraph preamble that outlines the
underlying government policy, that public order has become
endangered by elements that advocate the use of force or the
commission of crime as a means of accomplishing governmental
change, and which have resorted to acts of terrorism including
murder, armed robbery, coercion, intimidation and violence; that
free institutions can only remain so when freedom is founded on
the rule of law; that grievances should be redressed by
constitutional methods; and (perhaps by way of legitimisation)
that other democratic countries have enacted special legislation to
deal with acts of terrorism.
Notwithstanding these lofty ideals, the PTA’s less than admirable
inspiration were apartheid South Africa and Britain’s
counterterrorism legislation of the same name. It Llies in the face
298
Weerawansa
v.
The
Attorney
General
and
Others (2000) 1 SLR 387 at
394‐395. In this case the court also held that a suspect arrested under
Section 6 (1) of the PTA is entitled to be informed of the reasons for
arrest, and under Article 13 (2) of the constitution, to be entitled to a
hearing by a competent court regarding the validity of the arrest,
notwithstanding Section 9 (1) of the PTA which provides for detention by
ministerial order.
189