The Centre for Policy Alternatives (CPA) has filed a petition before the Supreme Court challenging the constitutionality of the Bill titled “Prevention of Organised Crimes”, which was published in the Gazette of 2 October 2026 (issued on 6 October 2026) and subsequently placed on the Order Paper of Parliament on 20 October 2026. The petition was filed in terms of Articles 120 and 121 of the Constitution seeking a determination on whether the Bill, or any of its provisions, is inconsistent with the Constitution, requiring both a special majority in Parliament and approval by the People at a referendum.
The Bill was drafted without any public consultation, and was gazetted on the same day the Protection of the State from Terrorism Bill was tabled in Parliament. Following its publication, CPA issued a statement raising serious concerns that the Bill, presented as giving effect to the UN Convention against Transnational Organised Crime, would reintroduce many of the most criticised features of the Prevention of Terrorism Act under a different name.
In its petition, CPA contends that multiple provisions of the Bill, including those relating to the definitions of “serious crime” and “organised criminal group”, the offence of membership of an organised criminal group, restrictions on publication, powers of arrest, executive Detention Orders, bail, the admissibility of confessions and statements, and the obligation to provide information are inconsistent with the Constitution.
As such, the Petitioners submit that these provisions are inconsistent with Articles 10, 11, 12, 13 and 14 of the Constitution, and that they also impermissibly undermine the sovereignty of the People protected by Articles 3 and 4 of the Constitution. Accordingly, the Petitioners seek a determination that the impugned provisions cannot become law unless approved by the People at a referendum in addition to securing a two-thirds majority in Parliament pursuant to Article 83 of the Constitution.
The matter is yet to be taken up for hearing before the Supreme Court.