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South Africa
Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004
Act 33 of 2004
- Published in Government Gazette 27266 on 11 February 2005
- Assented to on 4 February 2005
- Commenced on 20 May 2005 by Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004: Commencement
- [This is the version of this document from 4 January 2023.]
- [Amended by Protection of Constitutional Democracy against Terrorist and Related Activities Amendment Act, 2022 (Act 23 of 2022) on 4 January 2023]
Chapter 1
Definitions and interpretation
1. Definitions
Chapter 2
Offences and penalties
Part I – Offence of terrorism and offences associated or connected with terrorist activities
2. Offence of terrorism
Any person who engages in a terrorist activity is guilty of the 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
4A. Offence relating to attempt to leave Republic
Any person who directly or indirectly, by any means or method, attempts to leave the Republic for the purpose of committing an act or omission outside the Republic that, if committed in the Republic, would be an offence under this or any other Act for the benefit of, at the direction of, or in association with a terrorist group, is guilty of an offence.[section 4A inserted by section 4 of Act 23 of 2022]5. Offences relating to explosive or other lethal devices
Any person who intentionally delivers, places, discharges or detonates an explosive or other lethal device in, into or against a place of private or public use, a state or government facility, a public transport facility, a public transportation system, or an infrastructure facility, with the purpose, amongst others, of causing—6. Offences relating to hijacking, destroying or endangering safety of fixed platform
[heading substituted by section 6(a) of Act 23 of 2022]7. Offences relating to taking hostage
[heading substituted by section 7 of Act 23 of 2022]Any person who intentionally—8. Offences relating to causing harm to internationally protected persons
Any person who, knowing that a person is an internationally protected person, intentionally—9. Offences relating to hijacking aircraft
[heading substituted by section 8(a) of Act 23 of 2022]Any person who intentionally, by force or threat thereof, or by any other form of intimidation, or any other means, seizes or exercises control of an aircraft and with the purpose of—10. Offences relating to hijacking ship or endangering safety of maritime navigation
[heading substituted by section 9(a) of Act 23 of 2022]Part 3 – Other offences
11. Offences relating to harbouring or concealment of persons committing specified offences
Any person who harbours or conceals any person, whom he or she knows, or ought reasonably to have known or suspected, to be a person who has committed the offence of terrorism referred to in section 2, an offence associated or connected with terrorist activities referred to in section 3, any Convention offence, or an offence referred to in section 13 or 14, or who is likely to commit such an offence, is guilty of an offence.[section 11 substituted by section 10 of Act 23 of 2022]12. Duty to report presence of person suspected of intending to commit or having committed offence and failure to so report
[heading substituted by section 11(a) of Act 23 of 2022]13. Offences relating to hoaxes
14. Threat, attempt, conspiracy and inducing another person to commit offence
Any person who—Chapter 3
Provisions relating to offences and penalties
Part I – 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
In order to make a declaration of forfeiture under section 19(1) or to determine any interest under section 20(2), the court may refer to the evidence and proceedings at the trial or hear such further evidence, either orally or by affidavit, as it may deem fit.Chapter 4
Investigating powers and freezing orders
22. Investigating powers
23. Freezing order
24. Cordoning off, stop and search of vehicle, person and premises
[heading substituted by section 18(a) of Act 23 of 2022]24A. Order to take-down or disable access to terrorism publications
Chapter 5
Resolution of United Nations Security Council
25. ***
[section 25 repealed by section 20 of Act 23 of 2022]26. ***
[section 26 repealed by section 20 of Act 23 of 2022]Chapter 6
General provisions
27. Amendment and repeal of laws and transitional provisions
28. Short title and commencement
This Act is called the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004, and shall come into operation on a date fixed by the President by proclamation in the Gazette.History of this document
04 January 2023 this version
11 February 2005
04 February 2005
Assented to
Cited documents 15
Legislation 15
- Banks Act, 1990
- Civil Aviation Act, 2009
- Constitution of the Republic of South Africa, 1996
- Criminal Procedure Act, 1977
- Cybercrimes Act, 2020
- Defence Act, 2002
- Financial Intelligence Centre Act, 2001
- Financial Markets Act, 2012
- Hazardous Substances Act, 1973
- International Co-operation in Criminal Matters Act, 1996
- Labour Relations Act, 1995
- National Prosecuting Authority Act, 1998
- Nuclear Energy Act, 1999
- Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002
- Superior Courts Act, 2013
Documents citing this one 133
Gazette 115
- Eastern Cape Provincial Gazette dated 2013-01-30 number 2888
- Eastern Cape Provincial Gazette dated 2013-07-25 number 2992
- Eastern Cape Provincial Gazette dated 2015-04-29 number 3385
- Eastern Cape Provincial Gazette dated 2021-07-09 number 4588
- Limpopo Provincial Gazette dated 2014-08-22 number 2405
- Mpumalanga Provincial Gazette dated 2017-01-27 number 2775
- Mpumalanga Provincial Gazette dated 2017-10-16 number 2863
- Mpumalanga Provincial Gazette dated 2017-11-06 number 2870
- South Africa Government Gazette Regulation Gazette dated 2005-04-15 number 27502
- South Africa Government Gazette Regulation Gazette dated 2005-05-20 number 27598
- South Africa Government Gazette Regulation Gazette dated 2005-07-01 number 27713
- South Africa Government Gazette Regulation Gazette dated 2005-07-01 number 27746
- South Africa Government Gazette Regulation Gazette dated 2005-09-23 number 28039
- South Africa Government Gazette Regulation Gazette dated 2005-10-14 number 28136
- South Africa Government Gazette Regulation Gazette dated 2005-12-02 number 28279
- South Africa Government Gazette Regulation Gazette dated 2006-09-19 number 29222
- South Africa Government Gazette Regulation Gazette dated 2006-12-22 number 29500
- South Africa Government Gazette Regulation Gazette dated 2007-02-07 number 29598
- South Africa Government Gazette Regulation Gazette dated 2009-11-05 number 32682
- South Africa Government Gazette Regulation Gazette dated 2010-07-23 number 33392
- South Africa Government Gazette dated 2005-07-18 number 27803
- South Africa Government Gazette dated 2007-09-07 number 30252
- South Africa Government Gazette dated 2007-11-16 number 30454
- South Africa Government Gazette dated 2007-11-16 number 30477
- South Africa Government Gazette dated 2007-12-31 number 30634
- South Africa Government Gazette dated 2008-05-07 number 31017
- South Africa Government Gazette dated 2008-05-09 number 31034
- South Africa Government Gazette dated 2008-06-10 number 31136
- South Africa Government Gazette dated 2008-06-25 number 31179
- South Africa Government Gazette dated 2008-07-14 number 31245
- South Africa Government Gazette dated 2008-08-08 number 31309
- South Africa Government Gazette dated 2008-08-27 number 31365
- South Africa Government Gazette dated 2008-09-12 number 31416
- South Africa Government Gazette dated 2008-09-17 number 31435
- South Africa Government Gazette dated 2008-12-30 number 31748
- South Africa Government Gazette dated 2009-02-03 number 31835
- South Africa Government Gazette dated 2009-02-04 number 31834
- South Africa Government Gazette dated 2009-02-17 number 31908
- South Africa Government Gazette dated 2009-03-23 number 32035
- South Africa Government Gazette dated 2009-04-30 number 32183
- South Africa Government Gazette dated 2009-07-08 number 32384
- South Africa Government Gazette dated 2009-09-16 number 32573
- South Africa Government Gazette dated 2009-12-18 number 32824
- South Africa Government Gazette dated 2010-03-05 number 33000
- South Africa Government Gazette dated 2010-05-14 number 33180
- South Africa Government Gazette dated 2010-05-28 number 33218
- South Africa Government Gazette dated 2010-06-14 number 33281
- South Africa Government Gazette dated 2010-09-02 number 33508
- South Africa Government Gazette dated 2010-09-23 number 33563
- South Africa Government Gazette dated 2011-01-13 number 33931
- South Africa Government Gazette dated 2011-03-09 number 34081
- South Africa Government Gazette dated 2011-06-21 number 34373
- South Africa Government Gazette dated 2011-06-21 number 34374
- South Africa Government Gazette dated 2011-06-21 number 34375
- South Africa Government Gazette dated 2011-07-20 number 34469
- South Africa Government Gazette dated 2011-08-04 number 34501
- South Africa Government Gazette dated 2011-08-25 number 34555
- South Africa Government Gazette dated 2011-09-19 number 34608
- South Africa Government Gazette dated 2011-09-22 number 34625
- South Africa Government Gazette dated 2011-09-22 number 34626
- South Africa Government Gazette dated 2011-10-06 number 34660
- South Africa Government Gazette dated 2011-11-08 number 34733
- South Africa Government Gazette dated 2011-11-25 number 34778
- South Africa Government Gazette dated 2011-11-25 number 34779
- South Africa Government Gazette dated 2011-11-25 number 34780
- South Africa Government Gazette dated 2011-12-14 number 34856
- South Africa Government Gazette dated 2012-05-18 number 35359
- South Africa Government Gazette dated 2012-05-21 number 35360
- South Africa Government Gazette dated 2012-08-06 number 35566
- South Africa Government Gazette dated 2012-08-17 number 35599
- South Africa Government Gazette dated 2012-09-26 number 35713
- South Africa Government Gazette dated 2012-10-23 number 35807
- South Africa Government Gazette dated 2013-01-04 number 36055
- South Africa Government Gazette dated 2013-02-08 number 36138
- South Africa Government Gazette dated 2013-07-23 number 36689
- South Africa Government Gazette dated 2013-07-23 number 36695
- South Africa Government Gazette dated 2013-09-18 number 36846
- South Africa Government Gazette dated 2013-09-20 number 36857
- South Africa Government Gazette dated 2013-11-14 number 37024
- South Africa Government Gazette dated 2013-11-26 number 37067
- South Africa Government Gazette dated 2013-12-18 number 37152
- South Africa Government Gazette dated 2014-01-27 number 37268
- South Africa Government Gazette dated 2014-03-06 number 37410
- South Africa Government Gazette dated 2014-04-08 number 37540
- South Africa Government Gazette dated 2014-04-23 number 37569
- South Africa Government Gazette dated 2014-05-09 number 37612 part 1
- South Africa Government Gazette dated 2014-06-11 number 37709
- South Africa Government Gazette dated 2014-06-20 number 37758
- South Africa Government Gazette dated 2014-09-22 number 38011
- South Africa Government Gazette dated 2014-11-18 number 38220
- South Africa Government Gazette dated 2014-11-19 number 38221
- South Africa Government Gazette dated 2014-12-05 number 38286
- South Africa Government Gazette dated 2014-12-05 number 38287
- South Africa Government Gazette dated 2015-02-18 number 38473
- South Africa Government Gazette dated 2015-05-15 number 38795
- South Africa Government Gazette dated 2015-08-21 number 39124
- South Africa Government Gazette dated 2015-10-21 number 39307
- South Africa Government Gazette dated 2015-10-28 number 39332
- South Africa Government Gazette dated 2015-12-10 number 39492
- South Africa Government Gazette dated 2015-12-15 number 39522
- South Africa Government Gazette dated 2016-02-26 number 39737
- South Africa Government Gazette dated 2016-03-29 number 39863
- South Africa Government Gazette dated 2016-05-05 number 39974
- South Africa Government Gazette dated 2016-08-02 number 40181
- South Africa Government Gazette dated 2016-11-01 number 40390
- South Africa Government Gazette dated 2017-07-14 number 40981
- South Africa Government Gazette dated 2017-08-02 number 41018
- South Africa Government Gazette dated 2017-08-22 number 41060 part 1
- South Africa Government Gazette dated 2019-04-04 number 42383
- South Africa Government Gazette dated 2019-06-05 number 42509
- South Africa Government Gazette dated 2020-12-01 number 43950
- South Africa Government Gazette dated 2021-05-21 number 44593 part 1
- South Africa Government Gazette dated 2021-05-28 number 44636 part 1
- South Africa Government Gazette dated 2022-01-28 number 45822
- South Africa Government Gazette dated 2023-11-27 number 49772
Guidance Note 2
- Guidance Note 12/2022: Guidelines related to risk management practices concerning proliferation financing risk
- Guidance Note 8: On the Directive for Conduct within the National Payment System in respect of the Financial Action Task Force Recommendations for Electronic Funds Transfers (Directive 1 of 2022)
Judgment 8
- Bogaards v S (864/2010) [2011] ZASCA 196 (21 November 2011)
- MT v S; ASB v S; September v S [2018] ZACC 27 (3 September 2018)
- Minister of Safety and Security and Others v Mohamed and Another (598/2010) [2011] ZASCA 134 (21 September 2011)
- National Union of Metalworkers South Africa obo Nganezi and Others v Dunlop Mixing and Technical Services (Pty) Ltd and Others (Casual Workers Advice Office as Amicus Curiae) [2019] ZACC 25 (28 June 2019)
- Okah v S and Others (19 of 2014) [2016] ZASCA 155 (3 October 2016)
- S and Another v Okah ; Okah v S (CCT 193/17) [2018] ZACC 3 (23 February 2018)
- S v Langa (AR 490/2009) [2010] ZAKZPHC 13 (23 April 2010)
- S v Langa (AR 490/2009) [2010] ZAKZPHC 96 (23 September 2010)
Legislation 8
- Child Justice Act, 2008
- Financial Intelligence Centre Act, 2001
- Financial Sector Regulation Act, 2017
- Guidance Note 3: Guidance for banks on customer identification and verification and related matters, 2005
- Mpumalanga Economic Regulator Act, 2017
- Protection of Personal Information Act, 2013
- Refugees Act, 1998
- Trust Property Control Act, 1988