Under the Prevention of Terrorism Act the police are given search and seizure and arrest powers. An arrested person may be kept in custody for a maximum period of 72 hours and must be produced before a Magistrate during that period. The Magistrate, on the application of a Police Superintendent, must order the remand of such a person until the conclusion of their trial.271 The Act also provides for detention orders at the discretion of the Minister for a three- month period which may be extended for further three month periods up to a maximum of 18 months.272 The Advisory Council of Jurists observes and recommends that: 1. The legal ability to derogate from the rights listed in section 15 of the Constitution, although consistent with international law, should be exercised in very limited circumstances so as to preserve the constitutional rights to the fullest extent possible. 2. The definition of ‘terrorism’ in the Prevention of Terrorism Act No. 48 of 1979 is drafted broadly and may unintentionally include someone with an unlicensed firearm, stealing stationery from a Government Department or engaging in minor vandalism. It may therefore impose a severe punishment on a person who commits such an offence as a ‘terrorist’ despite the minor offence they have committed. 3. The provisions of the Prevention of Terrorism Act denying the detainee the right to be released on bail and permitting a Ministerial order for detention at any time after arrest without any possibility of judicial review and merely on suspicion that a person may commit an offence, significantly contravene the relevant provisions of Article 9(2), (3), (4), and Article 14 of the ICCPR and customary international law to which all States are bound. They are also contrary to Principle 11 of the Body of Principles on Detention. 271 272 Section 7, Prevention of Terrorism Act. Section 8, Prevention of Terrorism Act. 123