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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Protection of Constitutional Democracy against Terrorist and Related Activities Act, No. 33 of 2004

Long title


To provide for measures to prevent and combat terrorist and related activities; to provide for an offence of terrorism and other offences associated or connected with terrorist activities; to provide for Convention offences; to give effect to international instruments dealing with terrorist and related activities; to provide for a mechanism to comply with United Nations Security Council Resolutions, which are binding on member States, in respect of terrorist and related activities; to provide for measures to prevent and combat the financing of terrorist and related activities; to provide for investigative measures in respect of terrorist and related activities; and to provide for matters connected therewith.

Table of contents

SECTION TITLE

PREAMBLE

INDEX

CHAPTER 1. DEFINITIONS AND INTERPRETATION
1. Definitions

CHAPTER 2. OFFENCES AND PENALTIES

Part 1. Offence of terrorism and offences associated or connected with terrorist activities
2. Offence of terrorism
3. Offences associated or connected with terrorist activities

Part 2. Convention offences
4. Offences associated or connected with financing of specified offences
5. Offences relating to explosive or other lethal devices
6. Offences relating to hijacking, destroying or endangering safety of a fixed platform
7. Offences relating to taking a hostage
8. Offences relating to causing harm to internationally protected persons
9. Offences relating to hijacking an aircraft
10. Offences relating to hijacking a ship or endangering safety of maritime navigation

Part 3. Other offences
11. Offences relating to harbouring or concealment of persons committing specified offences
12. Duty to report presence of person suspected of intending to commit or having committed an offence and failure to so report
13. Offences relating to hoaxes
14. Threat, attempt, conspiracy and inducing another person to commit offence

CHAPTER 3. PROVISIONS RELATING TO OFFENCES AND PENALTIES

Part 1. Provisions relating to offences
15. Jurisdiction in respect of offences
16. Consent of National Director to institute proceedings and reporting obligations
17. Evidential matters and exclusions

Part 2. Penalties and matters relating to penalties
18. Penalties
19. Declarations of forfeiture on conviction
20. Interests of third parties
21. Evidence in respect of declarations of forfeiture and certain interests

CHAPTER 4. INVESTIGATING POWERS AND FREEZING ORDERS
22. Investigating powers
23. Freezing order
24. Cordoning off, stop and search of vehicle and person

CHAPTER 5. RESOLUTIONS OF UNITED NATIONS SECURITY COUNCIL
25. Notification by President in respect of entities identified by United Nations Security Council
26. Parliamentary supervision

CHAPTER 6. GENERAL PROVISIONS
27. Amendment and repeal of laws, and transitional provisions
28. Short title and commencement
Sch.  SCHEDULE (SECTION 27) [s27]

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