More of Malan's Justice
A fortnight ago there was occasion to criticise here the unreasonable terms of the Criminal Law Amendment Bill, now before the South African Parliament, which is designed to strengthen the Executive's hand in dealing with protests against any law whatsoever. Now another measure to add vastly to the Executive's powers, the Public Safety Bill, has had its third reading, and since the United Party voted with the Govern- ment there were only nine dissentients. That is not to say that the United Party approves the Bill as it stands; for if it returns to power after the general election it intends to amend It to include numerous safeguards in the interests of democracy. The measure, as it stands, empowers the Governor-General to declare a state of emergency wherever and whenever it is thought necessary for whatever reason. The Minister of Justice, Mr. Swart, has been complaining of adverse criticisms of the Bill, in South Africa and abroad; he has compared the Bill with the British Emergency Powers Act of 1920 in order to demonstrate its respectability and reasonable nature. In. fact there are the deepest possible differences between the two. The British Act precisely defines the term "emergency." The South African Bill leaves full discretion to the Government. There are powers to which no democratic government can lay claim, if democracy is not to have the life choked out of it, and it is no " misrepresentation " to say that in these two Bills the Government of South Africa is laying claim to a great deal too much.
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