UN Apartheid Convention: Call for Comments on Legislative Proposals

Posted 15 November 2025 Written by Acts Online
Category Parliament

Brought to you by SA Legal Academy: Public comments have been invited on a proposed Private Member’s Bill that seeks to incorporate the 1973 United Nations Apartheid Convention into South African domestic law.

Following South Africa’s accession to the International Convention on the Suppression and Punishment of the Crime of Apartheid (1973) in May 2024, Al Jama-ah MP Imraan Ismail-Moosa has issued a call for input on the legislative framework required to give the treaty domestic effect. The proposals, outlined in a pre-tabling explanatory summary, are intended to ensure that the crime of apartheid is explicitly criminalised within the Republic’s statutory framework.

The proposed Bill is expected to include provisions that:

  • Define the crime of apartheid in accordance with international law standards;
  • Establish criminal liability for individuals, members of organisations, and representatives of entities who commit, participate in, or incite the crime;
  • Provide South African courts with jurisdiction over such offences, including acts committed outside the borders of the Republic;
  • Ensure that the crime of apartheid is not subject to any statute of limitations; and
  • Facilitate international cooperation in the identification, arrest, and prosecution of persons accused of the crime.

The deadline for the submission of written representations on the proposed legislative measures is 15 December 2025.

Click here to view the notice and call for comments.

What this means for you, your business, or your clients

  • For yourself: No immediate individual compliance obligation; however, legal practitioners should note the proposed expansion of universal jurisdiction within the South African criminal justice system.
  • For your business: Firms with international operations or supply chains in regions subject to international human rights scrutiny must monitor the Bill’s definitions of ‘participation’ and ‘incitement’ to assess potential corporate liability risks.
  • For your clients: Clients engaged in cross-border activities should be advised on the potential for domestic prosecution of international crimes and the removal of prescription periods for such offences under the proposed domestication.

Originally published at https://legalacademy.co.za/news/read/un-apartheid-convention-al-jama-ah-calls-for-input-on-legislative-proposals

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