Anti-Terrorism Bill: deliberations

Meeting report

SAFETY AND SECURITY, JUSTICE AND CONSTITUTIONAL DEVELOPMENT PORTFOLIO COMMITTEES: JOINT MEETING
12 November 2003
ANTI-TERRORISM BILL: DELIBERATIONS

Chairperson: Mr M George

Relevant documents:
Anti terrorism Bill (Working Document: 12 November 2003)

SUMMARY
The presenter indicated that he had made the necessary amendments that the Committees had asked him to make. He also indicated that he had made some other amendments that he deemed necessary.

MINUTE
Long title
Advocate P Jacobs said that the long title of the Bill would read as follows:

" To provide for measures to prevent and combat terrorist and related activities; to provide for an offence of terrorism and other offences connected to terrorist activities; to provide for convention offences; to give effect to international instruments dealing with terrorist and related activities; to provide for measures to prevent and combat the financing of terrorist and related activities; to provide for investigative measure in respect of terrorist and related activities; and to provide for matters connected therewith"

Preamble
Advocate Jacobs indicated that the word "done" with reference to Conventions has been replaced by the word "adopted". He also said that the paragraph beginning with " and realising" has been moved to just above the paragraph beginning with "and mindful". He said that the paragraph beginning with "and whereas terrorist activities…" has been deleted. He furthermore said that the underlining and square brackets have been removed from the Bill everywhere necessary.

Index
Advocates Jacobs said that the necessary changes to the headings have been effected.

Definitions
Clause 1
Appropriate government body
The presenter said that the definition of an appropriate government body is new to this clause and was taken from the body of the Bill as suggested by Advocate de Lange at the previous meeting. He defined an appropriate government body as "an appropriate government body as defined in section 1 of the International Co-operation in Criminal Matters Act 75 of 1996

Advocate de Lange suggested that the presenter should specify that the definition applies as far as clause 15 of the Bill is concerned.

Convention offence
The presenter said that the words "with reference to the definition of 'specified offence and 'terrorist or related activities in this section and section 15(2) have been deleted. He also said that sub-clause (b)(2) now refers to section 56(1)(h) of the Nuclear Energy Act, 1999 and not section 34A as was the case in the earlier draft.

Entity
The presenter said that sub-clauses (a) to (d) have been deleted from the definition of an entity. He went on to say that instead of beginning with the words "for the purposes of…" the definition of an entity would now beginning with the words " with reference to…". He said that this was necessary given the fact that other clauses take this formulation.

Explosive
Advocate Jacobs said that the word 'weapon' has been deleted from the definition of an explosive.

Firearm
The presenter said that the definitions of a firearm and a weapon have been deleted.

Fixed platform
The presenter said that the definition of a fixed platform now refers to clauses 6.

Infrastructure facility
The presenter said that the words "in this section" have inserted before the words "section 5"

International organisation
Advocate Jacobs said that the definition of an international organisation would no longer refer to clauses 7 and 8.

National Commissioner
Adv. Jacobs said that the definition of a National Commissioner is general and not limited to its application to a particular clause in the Bill.

Police officer
Advocate Jacobs said that the word officer has been replace by the word 'official' because a police 'officer' implies a commissioned officer and this is not what they have in mind. He indicated that the Criminal Procedure Act also refers to a police official and not a police officer.

Advocate de Lange asked if the South African Police Service Act refers to a police officer or official. After the presenter had indicated that the Act refers to a police officer advocate de Lange said that it would be wrong to say that a police official means a member of the SAPS as defined in the SAPS Act if the Act does not refer to a police official.

Specified offence
The presenter said that clause 23 has been added under specified offence.

Chapter 2
Part 1
Offence of terrorism and offences associated with and connected to terrorist activities
Advocate Jacobs said that the heading of part one has been changed to " offence of terrorism and offences associated with and connected to terrorist activities".

Advocate P Swart (DA) and Advocate de Lange said that the word 'and' must be replaced by the word 'or'.

Offence of terrorism
Clause 2
The presenter said that the words 'or engagement' have been removed from clause 2(2).

Offences associated with or connected to terrorist activities
Clause 3
The presenter said that the heading of this clause now reads: "offences associated or connected with terrorist activities".

Part 3
Convention offences

Offences associated or connected to financing of specified offences
Clause 4
The presenter pointed out the insertion of the words "directly or indirectly, in whole or in part" in clause 4(1) and the word "or" after (h). He also said that the word "cause" in sub-clause 5 has been changed to "causing" and that the letter "s" has been deleted from 'explosives'.

He also pointed out that the incorrect deletion of the words 'is property' in 4(3).

Offences relating to taking of hostage[s]
Clause 7
Advocate Jacobs said that heading would now read "offences relating to taking a hostage" and that the word "international" in sub-clause (b) just before 'intergovernmental' has been deleted.

Offences relating to hijacking of an aircraft
Clause 9
The presenter said that that the heading of clause would now read "offences relating to hijacking an aircraft".

Advocate de Lange pointed out that following Ms S Camerer's suggestion the clause would now say "…with the purpose of-" and that the words "cause" in 9(a), (b) and (d) and "hold" in 9(c) have been changed to "causing" and "holding" respectively.

Offences relating to hijacking or endangering safety of maritime navigation
Clause 10
The presenter said that heading has been changed to "offences relating hijacking a ship or endangering safety of maritime navigation'.

Part 3
Other Offences

Offence relating to harbouring or concealment of persons committing specified offences
Clause 11
Advocate G Nel said that the letter "s" has been added to the word "offence" in the heading of the clause. He went on to say that all other clauses refer to offences as opposed to an offence.

Advocate de Lange asked as to why the plural had been used given the fact that the clause deals with one offence.

Advocate Nel indicate that there are two possible offences in the clause. He indicated the offence harbouring as well as the offence of concealing the specified persons.

Duty to report presence of person suspected of intending to commit or having committed an offence and failure to so report

Duty to report presence of person suspected of intending to commit or having committed an offence and failure to so report
Clause 12
Sub-clause 4(c) has been deleted.

Offences relating to hoaxes
Clause 13
Advocate Jacobs said that the clause has been redrafted as requested and that it now indicates that one is concerned with hoaxes.

Advocate de Lange said that the first "or" in line two of 13(1)(a) should be deleted.

Threat, attempt, conspiracy and inducing another person to commit an offence
Clause 14

The presenter said that this clause remains the same apart from the substitution of the word 'Act' by the word 'chapter".

Jurisdiction in respect of offences
Clause 15

Advocate Nel said that 15(4) now refers to "an accessory after that offence". This followed Ms Camerer's objection to the use of "an accessory after the offence". Advocate Nel indicated that the CPA also refers to an accessory after that offence.

Advocate de Lange said that the words "or omission" should be removed from 15(2).

Advocate Jacobs said that the words "of the SAPS" with reference to the National Commissioner in 15(5) have been deleted since there is now a general definition of the National Commissioner. He also said that sub-clause 4 in 15(8) should be replaced by sub-clause 7 and that sub-clause (9) should refer to sub-clause (5) and not to "this section".

Part 2
Penalties and matters relating to penalties

Interests of third parties
Clause20

The presenter said that 20(1)(b) now says "…. He or she knew or ought reasonably to have know or suspected that it was property used as contemplated in clause 19(1)" instead of "…he or she could have known or suspected or ought reasonably to have known or suspected that it was property referred to in clause 4".

Cordoning off, stop and search of vehicle and person
Clause 24

The presenter said that the word "officer" has been replaced by the word "official".

Chapter 6
General provisions

Amendment and repeal of laws, and savings
Clause 27

Advocate Jacobs said that the words "and savings" in the heading have been replaced by the words "transitional arrangements".

Short title and commencement
The presenter said that the commencement date is 31 March 2004.

Schedule of laws amended or repealed

Extradition Act 67 of 1962
The presenter indicated the year "2003" in item 1 has been changed to "2004".

Criminal Procedure Act 51 of 1977
The presenter indicated that reference to clause 13 and 14(1)(a) or (c) in item 1 has been deleted. He went on to say that he has added clause 4(1) in item 2 and the words " as far as it relates to the aforementioned sections" in both item 1 and 2.

Internal Security Act 74 of 1982.
The presenter said that no further amendments have been made to this Act.

Non-proliferation of Weapons of Mass Destruction Act 87 of 1993
No further amendments were made to this Act.

Criminal Law Amendment Act 105 of 1997
Advocate Jacobs said that the word "or" in item 1 has been moved from just before clause 10 to after clause 10.

Prevention of Organised Crime Act 121 of 1998
The presenter said that the word "suppress" in item 2 has been replaced by the word "combat".

Nuclear energy Act 46 of 1999
The presenter said that this Act has been amended by an addition of a new section 56A and this deals with the consent of the National director to institute proceedings and reporting obligations.

Advocate Swart said that the new section 56A was badly drafted. He suggested that the clause should just say when the duty to report exists and immediately lay down the exceptions.

Financial Intelligence Centre Act 38 of 2001
Advocate Jacobs said that the letter "a" has been added in item 5(a) just before "specified offence".

Regulation of Interception of Communications and Provision of communication-related information Act 70 of 2002
There were no further amendments to this Act.

Advocate Jacobs concluded by saying that he had redrafted the memorandum on the objects of the Anti-Terrorism Bill.

The meeting was adjourned.