| (1) |
If in any proceedings in a court of law any question arises as to whether or not any person is an internationally protected person, or is pursuant to international law entitled to special protection from any attack on his or her person, freedom or dignity, a certificate under the hand or issued under the authority of the Director-General of the Department responsible for International Relations and Coooperation, stating any fact relating to that question, is prima facie evidence of that fact. |
[Section 17(1) substituted by the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022, by section 15 of Notice No. 1533, G47803, dated 29 December 2022]
| (3) |
A person commits an offence under section 3, 4, 11 or 14 (in so far as it relates to the aforementioned sections), whether or not— |
| (a) |
the actions of the accused actually enhance the ability of any person to commit a specified offence; or |
| (b) |
the accused knows or ought reasonably to have known or suspected the specific offence that may be committed. |
| (4) |
Nothing in section 4 makes it an offence to provide or collect funds intending that they be used, or knowing or while a person ought reasonably to have known or suspected that they are to be used, for the purpose of advocating democratic government or the protection of human rights. |
| (5) |
If a person reports the presence of a person referred to in section 11, as soon as possible in accordance with section 12, he or she shall not be liable for prosecution, under section 11. |
| (6) |
A person charged with committing an offence under section 4 may raise as a defence— |
| (a) |
the fact that he or she had performed any act in connection with the property in question, or allowed or facilitated the performance of any act in connection with that property, solely for the purpose of preserving the value of that property; or |
| (b) |
that he or she acted in good faith and reported his or her suspicion in accordance with section 12 of this Act, or section 29 of the Financial Intelligence Centre Act, 2001 (Act 38 of 2001), as the case may be. |
| (7) |
No action, whether criminal or civil, lies against a person complying in good faith with section 12 (1). |
| (8) |
A person who has made, initiated or contributed to a report in terms of section 12 (1) concerning a suspicion that any other person intends to commit or has committed an offence referred to in section 4 is competent, but not compellable, to give evidence in criminal proceedings arising from the report. |
| (9) |
No evidence concerning the identity of a person who has made, initiated or contributed to a report in terms of section 12 (1) concerning a suspicion that any other person intends to commit or has committed an offence referred to in section 4, is admissible as evidence in criminal proceedings unless that person testifies at those proceedings. |
| (10) |
A person who acts reasonably in taking or omitting to take measures to comply with section 4 (2) shall not be liable in any civil action arising from having taken or omitted to have taken those measures, if the person proves that he or she took all reasonable steps to satisfy himself or herself that the relevant property was not owned, controlled or possessed by, or on behalf of or for the benefit of or at the direction of, an entity referred to in the said section 4 (2). |
| (11) |
A person is guilty of an offence under section 13 (1) (a) or (b), whether or not he or she has any particular person in mind as the person in whom he or she intends to induce the belief in question. |
Older Persons Act, 2006
