| (1) |
A court of the Republic has jurisdiction and the Directorate may, upon information about the commission of any offence mentioned in this subsection, initiate an investigation, or the National Director may institute a prosecution in respect of the offence of terrorism referred to in section 2, an offence associated or connected with terrorist activities referred to in section 3, any Convention offence, or an offence referred to in section 13 or 14, if— |
[Words preceding section 15(1)(a) substituted by the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022, by section 13(a) of Notice No. 1533, G47803, dated 29 December 2022]
| (a) |
the accused was arrested in the territory of the Republic, or in its territorial waters or on board a ship or aircraft registered or required to be registered in the Republic; or |
| (b) |
the offence was committed— |
| (i) |
in the territory of the Republic; |
| (ii) |
on board a vessel, a ship, an off-shore installation, or a fixed platform, or an aircraft registered or required to be registered in the Republic at the time the offence was committed; |
| (iii) |
by a citizen of the Republic or a person ordinarily resident in the Republic; |
| (iv) |
against the Republic, a citizen of the Republic or a person ordinarily resident in the Republic; |
| (v) |
on board an aircraft in respect of which the operator is licensed in terms of the Air Services Licensing Act, 1990 (Act 115 of 1990), or the International Air Services Act, 1993 (Act 60 of 1993); |
| (vi) |
against a government facility of the Republic abroad, including an embassy or other diplomatic or consular premises, or any other property of the Republic; |
| (vii) |
when during its commission, a national of the Republic is seized, threatened, injured or killed; |
| (viii) |
in an attempt to compel the Republic to do or to abstain or to refrain from doing any act; or |
| (c) |
the evidence reveals any other basis recognised by law. |
| (2) |
Any act alleged to constitute an offence under this Act and which is committed outside the Republic by a person other than a person contemplated in subsection (1), shall, regardless of whether or not the act constitutes an offence or not at the place of its commission, be deemed to have been committed also in the Republic if that— |
| (a) |
act affects or is intended to affect a public body, any person or business in the Republic; |
| (b) |
person is found to be in the Republic; and |
| (c) |
person is for one or other reason not extradited by the Republic or if there is no application to extradite that person. |
| (2A) |
Any person referred to in subsection (2) may be arrested to appear in court pending a determination on the issue of extradition. |
[Section 15(2A) inserted by the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022, by section 13(b) of Notice No. 1533, G47803, dated 29 December 2022]
| (3) |
Any offence committed in a country outside the Republic as contemplated in subsection (1) or (2), is, for the purpose of determining the jurisdiction of a court to try the offence, deemed to have been committed— |
| (a) |
at the place where the accused is ordinarily resident; |
| (b) |
at the accused person's principal place of business; |
| (c) |
at the place where the accused was arrested or charged in the Republic; |
| (d) |
at the place where the victim resided; or |
| (e) |
at the place where the police registered the complaint, whichever is the most applicable to the facts of the particular case. |
[Section 15(3) substituted by the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022, by section 13(c)(d) of Notice No. 1533, G47803, dated 29 December 2022]
| (3A) |
Where it is not possible to obtain a warrant of arrest for an accused on the grounds provided for in section 43(1)(b) of the Criminal Procedure Act, the magistrate of the district where the police registered the complaint may issue the warrant. |
[Section 15(3A) inserted by the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022, by section 13(e) of Notice No. 1533, G47803, dated 29 December 2022]
| (4) |
Where a person is charged with conspiracy or incitement to commit an offence or as an accessory after that offence, the offence is deemed to have been committed not only at the place where the act was committed, but also at every place where the conspirator, inciter or accessory acted or, in case of an omission, should have acted. |
| (a) |
a court in the Republic has jurisdiction as referred to in subsection (1); or |
| (b) |
any court in a foreign State may have jurisdiction, |
may be present in the Republic, the National Commissioner must cause such measures to be taken as he or she may deem necessary to investigate the matter.
| (6) |
Where it appears on reasonable grounds from the investigation referred to in subsection (5) that extradition or criminal proceedings may be instituted against such person, that person may be arrested as contemplated in section 40 (1) of the Criminal Procedure Act, in order to ensure his or her presence at such proceedings. |
[Section 15(6) substituted by the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022, by section 13(f) of Notice No. 1533, G47803, dated 29 December 2022]
| (8) |
Upon being notified in terms of subsection (7), the National Director must promptly notify any foreign State that might have jurisdiction over the offence in question, either directly or through the Secretary General of the United Nations— |
| (a) |
of the fact that the person is in custody; |
| (b) |
of the circumstances that justify the person's detention; and |
| (c) |
whether he or she intends to prosecute the person, |
with a view to the surrender of such person to a foreign State for prosecution by that State, should the National Director decline to prosecute.
| (9) |
The provisions of this section must be exercised subject to the provisions of the Extradition Act, 1962 (Act 67 of 1962). |
| (10) |
When a person who is— |
| (a) |
not a citizen of the Republic; |
| (b) |
not habitually resident in the Republic; or |
is arrested by a member of the South African Police Service or the National Commissioner or the National Head of the Directorate for an alleged contravention of a Convention Offence, the Secretary-General of the United Nations or the government or governments with established jurisdiction must immediately be notified, through the diplomatic channel, of the arrest.
[Section 15(10) inserted by the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022, by section 13(g) of Notice No. 1533, G47803, dated 29 December 2022]
| (11) |
The National Commissioner or the National Head of the Directorate may consider to inform any other interested government about a person in custody and the circumstances which warranted that person’s arrest. |
[Section 15(11) inserted by the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022, by section 13(g) of Notice No. 1533, G47803, dated 29 December 2022]
| (12) |
A person referred to in subsection (10) must as soon as possible, upon arrest, be informed of his or her rights to— |
| (a) |
request that the relevant government be informed of his or her arrest; |
| (b) |
have access to communicate with a consular representative of the relevant government; and |
| (c) |
expect that any communication addressed to the relevant consular post about the arrested person is forwarded by the relevant authorities without delay. |
[Section 15(12) inserted by the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022, by section 13(g) of Notice No. 1533, G47803, dated 29 December 2022]
Older Persons Act, 2006
