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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 2 : Convention Offences

6. Offences relating to hijacking, destroying or endangering safety of fixed platform

[Section 6 heading substituted by the Protection of Constitutional Democracy against Terrorism and  related activities Amendment Act, 2022, by section 6(a) of Notice No. 1533, G47803, dated 29 December 2022]

 

(1) Any person who intentionally—
(a) seizes or exercises control over a fixed platform by force or any other form of intimidation;
(b) performs an act of violence against a person on board a fixed platform, which act is likely to endanger the safety of that fixed platform;
(c)
(i) destroys such a fixed platform; or
(ii) causes damage to it, which damage is likely to endanger the safety of that fixed platform;
(d) places or causes to be placed on a fixed platform, by any means whatsoever, a device or substance, which is likely to destroy that fixed platform or likely to endanger its safety; or
(e) injures or kills any person in connection with the commission of any of the acts referred to in paragraphs (a) to (d),

is guilty of an offence relating to the hijacking, destroying or endangering of a fixed platform.

 

(2) Any person who, for the purpose of intimidating a population, or to compel a government or an international organisation to do or to abstain or refrain from doing any act intentionally—
(a) uses against or on a fixed platform or discharges from a fixed platform any explosive or other lethal device in a manner that causes or is likely to cause death or serious injury or damage;
(b) discharges from a fixed platform, oil, liquefied natural gas or another hazardous, poisonous or noxious substance, in such quantity or concentration that causes or is likely to cause death or serious injury or damage; or
(c) uses any other means to disable, damage or render useless a fixed platform,

is guilty of an offence.

[Section 6(2) inserted by section 6(b) of the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022 (Act No. 23 of 2022), Notice No. 1533, G47803, dated 29 December 2022 - effective 4 January 2023 per Proclamation Notice 110, GG47820, dated 4 January 2023]