Mandating Procedures of Provinces Act, 2008
R 385
Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004)Chapter 3 : Provisions relating to Offences and PenaltiesPart 1 : Provisions relating to offences16. Consent of National Director to institute proceedings and reporting obligations |
| (1) | No prosecution under Chapter 2 may be instituted without the written authority of the National Director, except in the case of a prosecution under section 13 which is not linked to any other offence under this Act, in which case the written authority of the relevant Director of Public Prosecutions must be obtained before the institution of a prosecution. |
[Section 16(1) substituted by the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022, by section 14 of Notice No. 1533, G47803, dated 29 December 2022]
| (2) | The National Director must communicate the final outcome of the proceedings promptly to— |
| (a) | the Secretary General of the United Nations, so that he or she may transmit the information to other members of the United Nations, if a person is prosecuted for an offence referred to in section 4, 5, 7 or 8; |
| (b) | the Council of the International Civil Aviation Organization, if a person is prosecuted for an offence referred to in section 9; or |
| (c) | the Secretary General of the International Maritime Organization, if a person is prosecuted for an offence referred to in section 6 or 10. |
