Israel Criminalisation Bill Introduced to Parliament Could Have Major Ramifications

A new Bill designed to criminalise interactions with Israel has been introduced into Parliament.

The so-called “Apartheid Bill” is a private member’s Bill introduced by Al Jama-ah. It aims to formalise into domestic law the obligations of the 1973 United Nations (UN) Apartheid Convention, which the government of South Africa ratified in May 2024.

The new Bill would create a new definition of apartheid and make a distinct criminal offence with its own detailed definition that stands apart from the broader category of crimes against humanity. Bill supporters say they wish to try to use potential legislation to target Israel and its supporters.

Beyond this, the Bill introduces significant legal changes. It grants South African courts extraterritorial jurisdiction, meaning individuals may be prosecuted even if the alleged apartheid-related acts took place outside South Africa. This could apply when the accused is a South African citizen or resident, when the victim is South African, or when the suspected perpetrator is later found within South Africa’s borders.

Politically, the Bill is supported by a coalition of several parties including the African National Congress, the Economic Freedom Fighters, Al Jama-ah, and others. Its motivation is closely tied to anti-Israel groups who argue that the law will help force the South African government to take actions under the UN Convention against supporters of Israel globally. Critics warn that the Bill is constitutionally vague and difficult or even impossible to enforce, particularly regarding offences committed in foreign jurisdictions.

In essence, the Apartheid Bill attempts to transform apartheid, historically known as a system of institutionalised racial oppression that was abolished in South Africa in 1994, into a modern and enforceable criminal offence. Its proposed implementation raises complex legal, diplomatic, and practical challenges and has ignited fierce political resistance.

It is also likely to put the current government of national unity (GNU) under pressure given the sharp divergences inside the GNU on the question of Israel. A significant minority of the governing coalition maintain a supportive posture towards that country. Successful private member’s Bills are relatively rare in South Africa unless they gain broad political support.

According to Benji Shulman, director of the Middle East Africa Research Institute, a think tank based in Johannesburg, the extraterritorial jurisdiction aspect of the Bill is likely to put further pressure on relationships with the United States and European Union, which are already under strain. He said, “These countries are likely to take a dim view of South Africa trying to prosecute people based in their countries with dual citizenship and risks a significant rupture with South Africa if the government starts prosecuting cultural and religious organisations with connections to Israel.”

The introduction of the Bill is currently open to comment till the 14th of December, according to public participation organisation Dear South Africa.