The Knesset measure echoes legal practices associated with apartheid and colonial rule, Naledi Pandor has said
Former South African Foreign Minister Naledi Pandor has condemned a death penalty bill debated in Israel’s Knesset, saying the proposed measure targeting Palestinians reflects legal practices associated with apartheid and colonial rule.
Pandor highlighted a draft bill discussed during a March 30 session of the Knesset that seeks to mandate the death penalty for Palestinians involved in attacks resulting in the loss of Israeli life.
According to Pandor, the legislation bypasses traditional judicial safeguards, representing a “mandatory” sentence dictated through legislative act rather than a standard court hearing or trial.
Pandor, who has long been a vocal figure in South African political communications and international strategy, likened the bill to laws enforced under British colonial and early South African rule circa 1935. During that era, the death penalty, specifically hanging, was mandatory for black citizens convicted of certain crimes, with no alternative sentencing available to the courts.
“Now, we’re going back to laws that we link with colonialism and apartheid,” Pandor remarked, suggesting that such measures validate international accusations of Israel operating as an apartheid state.
The proposed bill has sparked significant international debate regarding its alignment with democratic values and international law.
The BBC reported that Israel’s parliament has approved a law that would make the death penalty the default sentence for Palestinians convicted of deadly terror attacks. It further reported that critics, including UN human rights chief Volker Türk, have described the new law as discriminatory.
Türk also said its application would “constitute a war crime”. The new law passed its third and final reading in the Knesset by 62 votes to 48, with Israeli Prime Minister Benjamin Netanyahu voting in favour.
The bill stipulates that Palestinians convicted in Israeli military courts of carrying out deadly attacks deemed to be “acts of terrorism” would be executed by hanging within 90 days, with a possible postponement of up to 180 days.
The legislation was pushed hard by the far-right, with the National Security Minister Itamar Ben-Gvir its driving force. After the vote, he posted on X: “We made history!!! We promised. We delivered.”
A member of Ben-Gvir’s party, Limor Son-Har-Melech, who survived an attack by Palestinian gunmen in which her husband was killed, argued that the law was necessary, citing the example of how one of her husband’s killers was later released and went on to take part in the 7 October 2023 attacks on Israel.
During the debate in the Knesset, she said: “For years, we endured a cruel cycle of terror, imprisonment, release in reckless deals, and the return of these human monsters to murder Jews again.”
Pandor described the legislative process as “undemocratic” and “evil,” alleging that the session’s conclusion was met with “the drinking of champagne” by proponents of the bill.
The criticism centres on three primary concerns:
Mandatory sentencing: The removal of judicial discretion in capital cases.
Selective application: The specific targeting of one demographic (Palestinians) for these capital measures.
International non-compliance: The perceived neglect of established international legal frameworks governing human rights and occupied territories.
Pandor concluded her assessment by labelling the legislative actions as “absolutely disgraceful”, signalling a continued hardening of the diplomatic stance between Pretoria and Jerusalem regarding human rights and judicial independence.
Pandor was the South African Minister of International Relations and Cooperation who spearheaded the case against Israel at the International Court of Justice (ICJ) in December 2023 and January 2024. As the head of DIRCO at the time, she led the diplomatic efforts and appeared at the Hague for the announcement of provisional measures.
South Africa filed a lawsuit with the ICJ requesting an injunction against Israel because Israel’s attacks on Gaza violate the Genocide Convention.
South Africa requested that the ICJ grant interim injunctions, including that Israel immediately cease its military operations in Gaza, take reasonable measures to prevent the genocide of Palestinians, ensure that the displaced return to their homes and have access to humanitarian assistance, including adequate food, water, fuel, medical and hygiene supplies, shelter and clothing, take necessary steps to punish those involved in the genocide and preserve the evidence of genocide.