Parliament, Thursday, 9 March 2023 – The Portfolio Committee on Police welcomes the recent publication of various notifications by the State President in respect of entities identified by the United Nations Security Council as terrorist groupings under Chapter VII of the Charter of the United Nations.
Due to some administrative delays, the Minister of Police tabled the Proclamations under a specific section of the Protection of Constitutional Democracy Against Terrorism Act of 2004 (POCDATARA) after the operationalisation of the POCDATARA Amendment Act of 2022, which repealed the specific section.
The committee raised concern about the late tabling of the Proclamations in Parliament and requested procedural clarity whether it should still consider the Proclamations. The answer was simply that the repeal of section 26 from the Principal Act merely signifies that Parliament is no longer required to consider the Proclamation made in terms of section 25 and that the Minister’s tabling thereof is void.
However, it is stated categorically that the State President published the Notices in the National Gazette prior to the date on which the POCDATARA Amendment Act of 2022 came into operation.
It must be further noted that in terms of section 27 of the POCDATARA, a Proclamation issued under section 25 remains valid and has the same force and effect as a notice referred to in section 26A(3) of the Financial Intelligence Centre Act.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON POLICE, MS TINA JOEMAT-PETTERSSON.
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