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Defence Act, 2002 (Act No. 42 of 2002)

Chapter 4 : Law Enforcement Powers of Defence Force at Sea

24. Piracy

 

1) For purposes of this Act, piracy is—
a) any illegal act of violence or detention, or any act of depredation, committed for private ends by the crew, including the Master, or the passengers of a private ship or a private aircraft, and directed-
i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;
ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any state;
b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a ship or aircraft contemplated in subsection (1); and
c) any act of inciting or of intentionally facilitating an act contemplated in paragraph (a) or (b).

 

2) Any act of piracy committed by the crew of a warship or military aircraft, government ship or government aircraft which has mutinied and taken control of such ship or aircraft, must for purposes of this section be regarded as having been committed by the crew of a private ship or aircraft.

 

3) Any person who commits an act of piracy is guilty of an offence, which may be tried in any court in the Republic designated by the Director of Public Prosecutions and, upon conviction, is liable to a fine or to imprisonment for any period, including life imprisonment.