WORK IN PROGRESS

 

FOURTH DRAFT OF DEFINITIONS

 

Protection of our Constitutional Democracy against terrorist and similar or related activities Bill (POCDAT)

Protection of our Constitutional Democracy through the prevention and combating of terrorist and similar or related activities Bill (POCDAT)

Protection of our Constitutional Democracy Bill (POCD)

Prevention and combating of terrorist and similar or related activities Bill (POCAT)

Prevention and combating of terrorist activities Bill (POCAT)

Protection of Democratic Dispensation Bill (PODD)

Counter Terrorism Bill (CTA)

ANTI – TERRORISM BILL (ATA)

 

 

PREAMBLE

  1. Add paragraph re the OAU Convention.
  2. Add date on which each convention was adopted by Parliament.

DEFINITIONS AND APPLICATION

"entity" means a natural person, or a cell, unit, or group of natural persons (,acting in the furtherance of a common purpose or conspiracy,) (,whether acting in the furtherance of a common purpose or conspiracy, or not,), (and includes) or a trust or partnership, or a fund, or an incorporated association or organization, or any other juristic person;

????"listed entity" means

????"enterprise" means

????"entity engaged in terrorist activity" means

????"enterprise engaged in terrorist activity" means

 

"convention offences" means an offence that is similar or related to those offences committed with the intent contemplated in terms (respect) of a terrorist activity and which must be created, inter alia, for the Republic to fulfil it’s international obligations in terms of those conventions referred to in the Preamble, which are usually associated with the combating of terrorist acts (activities), and which are included (contained) within the offences reflected in Part 2 of Chapter 1;

 

"terrorist and similar or related activities" means any act or activity related to or associated with the commission of a terrorist activity or a convention offence; (check: offences related to terrorism and financing terrorism)

 

"weapon", includes a firearm, a bomb, or any explosive, chemical, biological or nuclear material, substance, device or weapon, or any inflammable or incendiary material, substance or device;

 

OPTION ONE

"terrorist activity" means

(a) any act (or omission) committed, (by way of any means or method,) in or outside of the Republic, which—
    1. involves the systematic, repeated or arbitrary use of violence by means of any weapon, or by any other means or method;
    2. involves the systematic, repeated or arbitrary release into the environment or any part of it or distributing or exposing the public or any part of it to-
      1. any dangerous, hazardous, radioactive or harmful substance or organism;
      2. any toxic chemical; or
      3. any microbial or other biological agent or toxin;
    3. endangers the life, physical integrity or physical freedom of, or violates the physical freedom of, or causes (involves) serious bodily injury to or the death of, any person, or any number or group of persons, (other than the life, physical integrity or physical freedom of the person taking the action);
    4. causes (involves) (creates) a serious risk to the health or safety of the public (population) or any segment of the public (population);
    5. causes (involves) the destruction of or extensive (substantial) damage to any property, natural resource, or the environmental or cultural heritage, whether public or private;
    6. causes (is designed, calculated or intended to) (involves) serious interference with or serious disruption of an essential service, facility or system, or the delivery of any such service, facility or system, whether public or private, including, but not limited to—

(aa) a system used for, or by, an electronic system, including an information system;

(bb) a telecommunication service or system;

(cc) a banking or financial service or financial system;

(dd) a system used for the delivery of essential government services;

(ee) a system used for, or by, an essential public utility or transport provider;
      1. an essential infrastructure facility; or
      2. any essential emergency services, such as police, medical or civil defense services;
    1. involves the systematic, repeated or arbitrary introduction or release of a disease-bearing organism into any system relating to or having a bearing upon any economic system or the national economy of a country;
    2. causes (involves) any major economic loss or extensive (substantial) destabilization of an economic system or substantial devastation of the national economy of a country; or
    3. creates a serious public emergency situation or a general insurrection in the Republic;

(b) and is intended, or by its nature and context, can reasonably be regarded as being intended to, in whole or in part,-
    1. to intimidate, or to induce or cause feelings of insecurity within, the public, or a segment of the public, with regard to its security, including its economic security, or to induce, cause or spread feelings of terror, fear or panic in a civilian population; or
    2. to unduly compel, intimidate, force, coerce, induce or cause a person, a government, the general or a segment of the public, or a domestic or an international body, organization or institution, to do or to abstain (or refrain) from doing any act, or to adopt or abandon a particular standpoint, or to act in accordance with certain principles,

whether the public or the person, government, body, organization or institution referred to in subparagraphs (i) or (ii), as the case may be, is inside or outside the Republic; or

(iii) to threaten the unity and territorial integrity of the Republic;

(c) and which is committed, in whole or in part, for the purpose of the advancement of an individual or collective political, religious, ideological, or philosophical motive, objective, cause or undertaking,

whether the harm contemplated in paragraphs (a)(i) – (viii) is or may be suffered in or outside the Republic;

 

1(2) For purposes of paragraphs (a)(vi) and (viii) of the definition of terrorist activity, any act which is committed in pursuance of any lawful advocacy, protest, dissent or industrial action and does not involve action that results in the harm contemplated in paragraphs (a)(i) – (v) and (vii) of such (that) definition, shall not be regarded as a terrorist activity within the meaning of that definition.

 

1(3) Notwithstanding any provision of this Act or any other law, any act committed during a struggle waged by peoples, including any action during armed struggle, in the exercise or furtherance of their legitimate right to national liberation, self-determination and independence, against colonialism, or occupation, aggression or domination by alien or foreign forces, in accordance with the principles of customary or conventional international law, including the purposes and principles of the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with said Charter, shall not, for any reason, including for purposes of prosecution or extradition, be considered as a terrorist activity. (This provision shall not apply to any act prejudicing the territorial integrity of the Republic.)

 

1(4) Notwithstanding any provision in any other law, a political, philosophical, ideological, racial, ethnic, religious or any similar motive, shall not be considered for any reason, including for purposes of prosecution or extradition, to be a justifiable defense in respect of an offence of which the definition of terrorist activity forms an integral part.

OPTION TWO

"terrorist activity" means

  1. any act (or omission) that is committed, by way of any means or method, in or outside of the Republic, including any systematic, repeated or arbitrary act, which involves the —
    1. use of violence by means of firearms, bombs or explosive devices, inflammable or incendiary materials, substances or devices, any other weapons or explosive substances or devices, or by any other means or method;
      1. release into the environment or any part of it or distributing or exposing the public or any part of it to-
      1. any dangerous, hazardous, radioactive or harmful substance or organism;
      2. any toxic chemical; or
      3. any microbial or other biological agent or toxin; or

(iii) introduction or release of a disease-bearing organism into any system relating to or having a bearing upon any economic system or the national economy of a country;

(b) and which is committed, in whole or in part, —

    1. for the purpose of the advancement of an individual or collective political, religious, ideological, or philosophical motive, objective, cause or undertaking; and
    1. with the intention, or can reasonably be regarded as having been intended, through (by means of) terror (tactics) or intimidation,-
      1. to induce or cause (terror or) fear or panic in a civilian population, or feelings of insecurity within the public, or a segment of the public, with regard to its security, including its economic security; or
      2. to unduly compel, intimidate, force, coerce, induce or cause a person, a government, the general or a segment of the public, or a domestic or an international body, organization or institution, to do or to abstain (or refrain) from doing any act, or to adopt or abandon a particular standpoint, or to act in accordance with certain principles,

whether the public or the person, government, body, organization or institution referred to in subparagraphs (aa) or (bb), as the case may be, is inside or outside the Republic; or

(iii) with the intention, or can reasonably be regarded as having been intended, through (by means of) terror (tactics) or intimidation, to threaten the unity and territorial integrity of the Republic;

 

(c) and which is or may be aimed, calculated, designed, or intended, as the case may be, (to achieve or result in the following outcomes)—
    1. to endanger the life, physical integrity or freedom of, or to violate the physical freedom of, or to cause serious bodily injury or death to, any person, or any number or group of persons, (other than the life of the person taking the action);
    2. to cause a serious risk to the health or safety of the public (population) or any segment of the public (population);
    3. to cause the destruction of or extensive (substantial) damage to any property, natural resource, or the environmental or cultural heritage, whether public or private;
    4. to cause any major economic loss or extensive (substantial) destabilization of an economic system or substantial devastation of the national economy of a country;

(v) to cause serious interference with or serious disruption of an essential service, facility or system, or the delivery of any such service, facility or system, whether public or private, including, but not limited to—

(aa) a system used for, or by, an electronic system, including an information system;

(bb) a telecommunication service or system;

(cc) a banking or financial service or financial system;

(dd) a system used for the delivery of essential government services;

(ee) a system used for, or by, an essential public utility or transport provider;
      1. an essential infrastructure facility; or
      2. any essential emergency services, such as police, medical or civil defense services; or

(vi) to create a serious public emergency situation or a general insurrection in the Republic,

whether the harm contemplated in paragraphs (i) – (v) is or may be suffered in or outside the Republic;

1(2) For purposes of paragraphs (a)(iv) and (v) of the definition of terrorist activity, any act which is committed in pursuance of any lawful advocacy, protest, dissent or industrial action and does not involve action that results in the harm contemplated in paragraphs (a)(i) – (iii) of such (that) definition, shall not be regarded as a terrorist activity within the meaning of that definition.

1(3) Notwithstanding any provision of this Act or any other law, any act committed during a struggle waged by peoples, including any action during armed struggle, in the exercise or furtherance of their legitimate right to national liberation, self-determination and independence, against colonialism, or occupation, aggression or domination by alien or foreign forces, in accordance with the principles of customary or conventional international law, including the purposes and principles of the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with said Charter, shall not, for any reason, including for purposes of prosecution or extradition, be considered as a terrorist activity. (This provision shall not apply to any act prejudicing the territorial integrity of the Republic.)

 

1(4) Notwithstanding any provision in any other law, a political, philosophical, ideological, racial, ethnic, religious or any similar motive, shall not be considered for any reason, including for purposes of prosecution or extradition, to be a justifiable defense in respect of an offence of which the definition of terrorist activity forms an integral part.

 

"act" (Alternative option, but check if used other than in terrorist activity definition) includes any systematic, repeated or arbitrary act, which involves the —
    1. use of violence by means of firearms, bombs or explosive devices, inflammable or incendiary materials, substances or devices, any other weapons or explosive substances or devices, or by any other means or method;
    1. release into the environment or any part of it or distributing or exposing the public or any part of it to-
      1. any dangerous, hazardous, radioactive or harmful substance or organism;
      2. any toxic chemical; or
      3. any microbial or other biological agent or toxin; or
    2. introduction or release of a disease-bearing organism into any system relating to or having a bearing upon any economic system or the national economy of a country

and includes any omission;  

***************************************************************************************************************************************************************************************

  

FURTHER WORKING NOTES

 

 ********************************************************************************************************************************************************************

includes a conspiracy, attempt or threat to commit any such act or omission, or being an accessory after the fact or counseling in relation to such act or omission,

 

includes—

(i) a conspiracy, attempt or threat to commit any such act or omission; or

(ii) being an accessory after the fact or counseling in relation to any such act or omission; but

 

(b) any promotion, sponsoring, contribution to, command, aid,

incitement, encouragement, attempt, threat, conspiracy, organizing,

or procurement of any person, with the intent to commit any act

referred to in paragraph (a) (i) to(iii):

 

************************************************************************************************************************************************************************************** 

  

(b) None of the terrorist offences indicated in the preceding article shall be regarded as a political offence. In the application of this Convention, none of the following offences shall be regarded as a political offence, even if committed for political motives:

(i) Attacks on the kings, Heads of State or rulers of the contracting States or on their spouses and families;

(ii) Attacks on crown princes, vice-presidents, prime ministers or ministers in any of the Contracting States;

(iii) Attacks on persons enjoying diplomatic immunity, including ambassadors and diplomats serving in or accredited to the Contracting States;

(iv) Premeditated murder or theft accompanied by the use of force directed against individuals, the authorities or means of transport and communications;

(v) Acts of sabotage and destruction of public property and property assigned to a public service, even if owned by another Contracting State;

    1. The manufacture, illicit trade in or possession of weapons, munitions or explosives, or other items that may be used to commit terrorist offences.