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Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004)

Chapter 6 : General Provisions

27. Amendment and repeal of laws and transitional provisions

 

(1) The laws set out in the Schedule are hereby amended or repealed to the extent indicated in the fourth column of that Schedule.

 

(1A) Any Proclamation issued under section 25(1), before the commencement of the Protection of Constitutional Democracy against Terrorist and Related Activities Amendment Act, 2022, remains valid and has the same force and effect as a notice referred to in section 26A(3) of the Financial Intelligence Centre Act.

[Section 27(1A) inserted by section 21 of the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022 (Act No. 23 of 2022), Notice No. 1533, G47803, dated 29 December 2022 - effective 4 January 2023 per Proclamation Notice 110, GG47820, dated 4 January 2023]

 

(1B) Any action taken in pursuance of a Proclamation issued under section 25(1), before the commencement of the Protection of Constitutional Democracy against Terrorist and Related Activities Amendment Act, 2022, remains valid.

[Section 27(1B) inserted by section 21 of the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022 (Act No. 23 of 2022), Notice No. 1533, G47803, dated 29 December 2022 - effective 4 January 2023 per Proclamation Notice 110, GG47820, dated 4 January 2023]

 

(2) All criminal proceedings which immediately prior to the commencement of this Act were instituted in terms of the provisions of the Internal Security Act, 1982 (Act 74 of 1982), and which proceedings have not been concluded before the commencement of this Act, shall be continued and concluded, in all respects as if this Act had not been passed.

 

(3) An investigation, or prosecution or other legal proceedings, in respect of conduct which would have constituted an offence under the Internal Security Act, 1982, and which occurred after the commencement of that Act but before the commencement of this Act, may be conducted, instituted and continued as if this Act had not been passed.

 

(4) Notwithstanding the repeal or amendment of any provision of any law by this Act, such provision shall, for the purpose of the disposal of any criminal proceedings, investigation, prosecution or legal proceedings contemplated in subsection (2) or (3), remain in force as if such provision had not been repealed or amended.