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

Chapter 2 : Offences and Penalties

Part 1 : Offence of terrorism and offences associated or connected with terrorist activities

3. Offences associated or connected with terrorist activities

 

(1) Any person who—
(a) does anything which will, or is likely to, enhance the ability of any entity to engage in a terrorist activity, including to provide or offering to provide a skill or an expertise;
(b) enters, departs from, transit through or remains in any country; or

[Section 3(1)(b) substituted by the Protection of Constitutional Democracy against Terrorism and  related activities Amendment Act, 2022, by section 2(a) of Notice No. 1533, G47803, dated 29 December 2022]

(c) makes himself or herself available,

for the benefit of, at the direction of, or in association with any entity engaging in a terrorist activity, and who knows or ought reasonably to have known or suspected, that such act was done for the purpose of joining, supporting or in any other manner enhancing the ability of such entity to engage in a terrorist activity, is guilty of the offence associated with a terrorist activity.

[Words following section 3(1)(c) substituted by the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022, by section 2(b) of Notice No. 1533, G47803, dated 29 December 2022]

 

(2) Any person who—
(a) provides or offers to provide any—
(i) weapon; or

to any other person for use by or for the benefit of an entity;

[Section 3(2)(a) substituted by the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022, by section 2(c) of Notice No. 1533, G47803, dated 29 December 2022]

(b) solicits support for or gives support to an entity;
(c) provides, receives or participates in training or instruction, or recruits an entity to receive training or instruction;
(d) recruits any entity, or compels, intimidates, forces, coerces, induces or causes any person, including a vulnerable person, to join an entity;

[Section 3(2)(d) substituted by the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022, by section 2(d) of Notice No. 1533, G47803, dated 29 December 2022]

(e) collects or makes a document; or
(f) possesses a thing,

connected with the engagement in a terrorist activity, and who knows or ought reasonably to have known or suspected that such weapons, software or hardware tools, soliciting, training, recruitment, joining, document or thing is so connected, is guilty of an offence connected with terrorist activities.

[Words following section 3(2)(f) substituted by the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022, by section 2(e) of Notice No. 1533, G47803, dated 29 December 2022]

 

(3) For the purposes of this section, training, whether in person, online or in any other manner, includes training in any of the following skills:
(a) The making, handling or use of any explosive or other lethal device, or any poisonous or noxious substance, including any substance, mixture of substance, product or material contemplated in section 2(1) of the Hazardous Substances Act;
(b) the use of any method or technique for doing anything else that is capable of being done—
(i) for the purposes of terrorism; or
(ii) in connection with the commission or preparation of a terrorist activity or a Convention offence; or
(c) the design or adaptation for the purposes of terrorism of any method or technique for doing anything in connection with the commission or preparation of a terrorist activity or Convention offence.

 

(4) A person commits an offence if he or she provides or receives training and is aware that such training is, wholly or partly, provided for purposes connected with the commission or preparation of terrorist activities or Convention offences.

 

(5) It is an offence to—
(a) establish any entity engaging in or planning to engage in a terrorist activity, or to support such an entity; or
(b) belong to or become a member of an entity contemplated in paragraph (a).

 

[Section 3(3)(4)(5) inserted by the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022, by section 2(f) of Notice No. 1533, G47803, dated 29 December 2022]