Report of the Portfolio Committee on Safety and Security on the Anti-Terrorism Bill [B 12 - 2003] (National Assembly - sec 75), dated 13 November 2003:

The Portfolio Committee on Safety and Security, having considered the subject of the Anti-Terrorism Bill [B 12 - 2003] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, and having conferred with the Portfolio Committees on Finance, Foreign Affairs, Justice and Constitutional Development and the Joint Standing Committee on Intelligence, presents the Protection of Constitutional Democracy Against Terrorist and Related Activities Bill [B 12B - 2003].

The Committee further recommends that the South African Law Reform Commission be requested to investigate the possibility of a specific civil action in respect of consequential damages arising from hoaxes (including the possibility of punitive damages) separate from the expenses incurred by the security services, to deal with such hoaxes. The civil action is intended to be separate from the reimbursement order which may be made by a Court after a conviction in respect of the offence relating to hoaxes (Clause 18(2) of the Protection of Constitutional Democracy Against Terrorist and Related Activities Bill). A provision to this effect in our law is, for example, in respect of riot damage, which occurs as a result of gatherings and demonstrations (see section 11 of the Regulation of Gatherings Act, 1993 (Act No. 205 of 1993)).

Report to be considered.