DRAFT
AMENDMENTS
PROPOSED BY THE SELECT COMMITTEE FOR SAFETY AND CONSTITUTIONAL DEVELOPMENT
27 OCTOBER 2004
PROTECTION OF CONSTITUTIONAL DEMOCRACY AGAINST TERRORIST AND RELATED ACTIVITIES BILL (REVIVED [B12-B Reprint] )
PREAMBLE
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or
and the expressions "to engage in a terrorist activity", "engaging in a terrorist activity" and "engagement in a terrorist activity," shall be construed accordingly;
2. On page 7, from line 38, to omit sub-paragraph (xix), and to substitute:
(xix) "property" means money or any other movable, immovable, corporeal or incorporeal thing and includes any rights, privileges, claims and securities and any interest therein and all proceeds thereof;
3. On page 8, from line 26, to omit sub-paragraph (iii), and to substitute:
(iii) endangers the life, or violates the physical integrity or physical freedom of, or causes serious bodily injury to or the death of, any person, or any number of persons;
4. On page 8, in line 48, to omit "defense" and to substitute "defence".
5. On page 8, in line 53, after "insurrection", to insert "in the Republic".
6. On page 8, in line 61, to omit "a State" and to substitute "the Republic".
7. On page 9, from line 21, to omit sub-clause (3) and to substitute:
(3) For the purposes of paragraphs (a)(vi) and (vii) of the definition of ‘terrorist activity’, any act which is committed in pursuance of any advocacy, protest, dissent or industrial action and which does not intend the harm contemplated in paragraphs (a)(i) to (v) of that definition shall not be regarded as a terrorist activity within the meaning of that definition.
8. On page 9, in line 31, to omit the first "the".
9. On page 9, in line 42, to omit paragraph (a) and to substitute:
(a) the person has actual knowledge of that fact; or
10. On page 9, from line 43, to omit paragraph (b) and to substitute:
(b) the court is satisfied that-
(i) the person believes that there is a reasonable possibility of the existence of that fact; and
(ii) he or she fails to obtain information to confirm the existence of that fact.
11. On page 9, in line 45, to delete paragraph (c).
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1. On page 13, in line 16, after "report", to insert "as soon as reasonably possible".
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1. On page 15, from line 51, to omit sub-clause (6) and to substitute:
(6) A person charged with committing an offence under section 4 may raise as a defence-
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28. (1) This Act is called the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004, and shall, subject to subsection (2), come into operation on a date fixed by the President in the Gazette.
(2) Section 12(2) shall come into operation three months after the date of commencement referred to in subsection (1).
SCHEDULE
1. On page 21, in the fourth column relating to Act No. 76 of 1962, in line 5, to omit "re-".
2. On page 21, in the fourth column relating to Act No. 87 of 1993, to omit paragraph (a) and to substitute:
"(h) refuses or fails to comply to the best of his or her ability with any lawful requirement, request or order of an officer or employee of the Department, an inspector or a person authorized by the Council; [or]".".
3. On page 25, in the fourth column relating to Act No. 38 of 2001, to omit paragraph (a) and to substitute:
"’entity ‘ has a corresponding meaning with the definition in section 1 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004; and
4. On page 25, in the fourth column relating to Act No. 38 of 2001, to omit item 4 and to substitute:
4. The substitution for the heading to Chapter 3 of the following heading:
"CONTROL MEASURES FOR MONEY LAUNDERING AND FINANCING OF TERRORIST AND RELATED ACTIVITIES [CONTROL MEASURES]"
5. On page 26, in the fourth column, from line 30, to omit paragraph (a) and to substitute:
6. On page 26, in the fourth column, from line 40, to omit sub-paragraph (ii) and to substitute:
(ii) has no apparent business or lawful purpose;
7. On page 27, in the fourth column, from line 16, to omit paragraph (b) and to substitute:
8. On page 27, in the fourth column, after line 22, to insert:
9. The substitution in section 40(1) for paragraph (b) of the following paragraph:
"(b) an entity outside the Republic performing similar functions to those of the Centre, or an investigating authority outside the Republic which may, at the initiative of the Centre or on written request, obtain information which the Centre reasonably believes is relevant to the identification of the proceeds of unlawful activities or the combating of money laundering or financing of terrorist and related activities or similar offences in the country in which that entity is established;".