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Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004)

Chapter 3 : Provisions relating to Offences and Penalties

Part 2 : Penalties and matters relating to penalties

18. Penalties

 

(1) Any person who is convicted of an offence referred to in—
(a) section 2, 5, 6, 7, 8, 9 or 10 is liable—
(i) in the case of a sentence to be imposed by a High Court, to a fine or to imprisonment for a period up to imprisonment for life;
(ii) in the case of a sentence to be imposed by a regional court, to a fine or to imprisonment for a period not exceeding 18 years;
(iii) in the case of a sentence to be imposed by any magistrate's court, to a fine or to imprisonment for a period not exceeding five years;
(b) section 3 or 11 is liable—
(i) in the case of a sentence to be imposed by a High Court or a regional court, to a fine or to imprisonment for a period not exceeding 15 years;
(ii) in the case of a sentence to be imposed by any magistrate's court, to any penalty which may lawfully be imposed by that court;
(c) section 4 or 4A, is liable—
(i) in the case of a sentence to be imposed by a High Court or a regional court, to a fine not exceeding R100 million or to imprisonment for a period not exceeding 30 years;
(ii) in the case of a sentence to be imposed by any magistrate's court, to a fine not exceeding R250 000,00, or to imprisonment for a period not exceeding five years;
(i) in the case of a sentence to be imposed by a High Court or a regional court, to a fine or to imprisonment for a period not exceeding 15 years;
(ii) in the case of a sentence to be imposed by any magistrate's court, to any penalty which may lawfully be imposed by that court;
(e) section 12 (2), is liable—
(i) in the case of a sentence to be imposed by a High Court or a regional court, to a fine or to imprisonment for a period not exceeding 15 years;
(ii) in the case of a sentence to be imposed by any magistrate's court, to any penalty which may lawfully be imposed by that court;
(f) section 14, is liable to the punishment laid down in paragraph (a), (b), (c), (d) or (e) for the offence which that person threatened, attempted or conspired to commit or aided, abetted, induced, instigated, instructed, commanded, counseled or procured another person to commit; and
(g) section 24A(10) or (11), is liable to a fine or imprisonment not exceeding one year, or to both such fine and imprisonment.

[Section 18(1) substituted by the Protection of Constitutional Democracy against Terrorism and  related activities Amendment Act, 2022, by section 16(a-f) of Notice No. 1533, G47803, dated 29 December 2022]

 

(2)

(a) The court, in imposing a sentence on a person who has been convicted of an offence under section 13 (1) (a) or (b), may order that person to reimburse any party incurring expenses incidental to any emergency or investigative response to that conduct, for those expenses.
(b) A person ordered to make reimbursement under paragraph (a), shall be jointly and severally liable for such expenses with each other person, if any, who is ordered to make reimbursement under that paragraph for the same expenses.
(c) An order of reimbursement under paragraph (a), shall, for the purposes of enforcement, be treated as a civil judgment.