This is the version of this Act as it was from 11 April 2008 to 24 August 2017. Read the version currently in force.
Suppression of Terrorism Act, 2008
Act 3 of 2008
- Published in Swaziland Gvernment Gazette 42 on 11 April 2008
- Commenced on 11 May 2008
- [This is the version of this document as it was from 11 April 2008 to 24 August 2017.]
Part I – Preliminary provisions
1. Short title and commencementThis Act may be cited as the Suppression of Terrorism Act, 2008 and shall come into force thirty days after date of publication in the Gazette.
2. InterpretationIn this Act, unless the context otherwise requires—"aircraft" includes an aeroplane, glider and helicopter;"Commissioner" means the Commissioner of Police and includes any other police officer authorised by the Commissioner of Police to act or carry out any duties entrusted on the Commissioner of Police under this Act;"communication" means a communication received or transmitted by post or a telegraphic, telephonic or other communication received or transmitted by electricity, magnetism, or other means;"communications service provider" means a person who provides services for the transmission or reception of communications;"counter terrorism convention" means any of the following United Nations Conventions—(a)Convention on Offences and certain Other Acts committed on Board Aircraft signed at Tokyo on 14th September 1963;(b)Convention for the Suppression of Unlawful Seizure of Aircraft done at the Hague on 16th December 1970;(c)Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal on 23rd September 1971;(d)Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on 14th December 1973;(e)International Convention against the taking of Hostages, adopted by the General Assembly of the United Nations on 17th December 1979;(f)Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 3rd March 1980;(g)Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal on 24th February 1988;(h)Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, done at Rome on 10th March 1988;(i)Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms located on the Continental Shelf, done at Rome on 10th March 1988;(j)Convention on the Marking of Plastic Explosives for the Purposes of Detention, signed at Montreal, on 1st March 1991;(k)International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15th December 1997;(l)International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on 9th December 1999. (Not yet in force), andincludes the United Nations Security Council Resolution 1373 and any other subsequent protocols that bind the Government;"entity" means a person, group, trust, partnership, fund or an unincorporated association or organisation;"financial institution" means a commercial bank, or any other institution which makes loans, advances or investments or accepts deposits of money from the public;"Financial Intelligence Unit" means a body or agency responsible for receiving, requesting, analysing and disseminating to competent authorities disclosures of financial information as required under this Act, the Prevention of Money Laundering Act or in any United Nations Convention, multilateral, regional or bilateral convention or treaty relating to the prevention or countering money laundering and financing of terrorism;"interception of communications order" means an order issued by a Judge under section 25;"Minister" means the Minister for responsible for national security;"Master" in relation to a vessel, means the owner or person (except a harbour master or pilot) having for the time being command or charge of the vessel;"member of a terrorist group or organisation" includes—(a)a person who is an informal member of the organisation; and(b)a person who has taken steps to become a member of the organisation;"operator" in relation to an aircraft, means the owner or person for the time being in charge or command or control of the aircraft;"property" means any movable or immovable property of any description and deeds and instruments relating to or evidencing the title or right to property, or giving a right to recover or receive money or goods, and includes any funds, financial assets or economic resources;"Security Council" means the Security Council of the United Nations;"specified entity" means an entityin respect of which a Notice under section 28 has been made, or is deemed by reason of the operation of section 29(4) to have been made, and is for the time being in force;"terrorist act" means—(1)an act or omission which constitutes an offence under this Act or within the scope of a counter-terrorism convention; or(2)an act or threat of action which—(a)causes—(i)the death of a person;(ii)the overthrow, by force or violence, of the lawful Government; or(iii)by force or violence, the public or a member of the public to be in fear of death or bodily injury;(b)involves serious bodily harm to a person;(c)involves serious damage to property;(d)endangers the life of a person;(e)creates a serious risk to the health or safety of the public or a section of the public;(f)involves the use of firearms or explosives;(g)involves releasing into the environment or any part of the environment or distributing or exposing the public or any part of the public to—(i)any dangerous, hazardous, radioactive or harmful substance;(ii)any toxic chemical;(iii)any microbial or other biological agent or toxin;(h)is designed or intended to disrupt any computer system or the provision of services directly related to communications infrastructure, banking or financial services, utilities, transportation or other essential infrastructure;(i)is designed or intended to disrupt the provision of essential emergency services such as police, civil defence or medical services;(j)involves prejudice to national security or public safety;and is intended, or by its nature and context, may reasonably be regarded as being intended to—(k)intimidate the public or a section of the public; or(l)compel the Government, a government or an international organisation to do, or refrain from doing, any act.(3)Notwithstanding the provisions of subsection (2), an act which—(a)disrupts any services; and(b)is committed in pursuance of a protest, demonstration or stoppage of work, shall be deemed not to be a terrorist actwithin the meaning of this definition, so long as the act is not intended to result in any harm referred to in paragraphs, (a), (b), (c), (d) or (e) of subsection (2);"terrorist group" means—(a)an entitythat has one of it’s activities and purposes, the committing of, or the facilitation of the commission of, a terrorist act; or(b)a specified entity;"terrorist property" means(a)proceeds from the commission of a terrorist act,(b)money or other propertywhich has been, or is likely to be used to commit a terrorist act, or(c)money or other propertywhich has been, is being, or is likely to be used by a terrorist group;"vessel" means any thing made or adapted for the conveyance by water, of people or property;"weapon" includes a firearm, ammunition, bomb, explosive or any devise capable of causing an explosion, grenade or any incendiary material, chemical, biological or nuclear weapon.
Part II – Jurisdiction and trial of offences
3. Jurisdiction to try offences under this Act
4. Evidence by certificateWhere in any proceedings for an offence under this Act, a question arises as to whether anything or a substance is a—
Part III – Offences
5. Terrorist offences and punishments
6. Provision and collection of funds to commit terrorist actsA person who provides or collects by any means, directly or indirectly, any funds, intending or knowing or having reasonable grounds to believe that the funds may be used in full or in part to carry out a terrorist act commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding fifteen (15) years.
7. Collection, provision of property or service for terrorist actsA person who, directly or indirectly, collects property or provides or invites a person to provide, or makes available, property or financial or other related service—
8. Use of property for terrorist actsA person who—
9. Retention or control of terrorist propertyA person who knowingly or having reason to know enters into, or becomes concerned in, an arrangement which facilitates the retention or control by or on behalf of another person of terrorist property—
10. Dealing with property owned or controlled by terrorist groups
11. Soliciting and giving support to terrorist groups
12. Harbouring terrorist suspectsA person who—
13. Provision of weapons to terrorist groupsEvery person who knowingly or having reason to know provides or offers to provide, any weapon to—
14. Recruitment to terrorist groups or actsA person who knowingly recruits or agrees to recruit, another person to—
15. Training terrorist groups and for terrorist actsA person who, knowingly, agrees to provide training or instruction, or provides training or instruction in—
16. Promotion and facilitation of terrorist acts in foreign statesA person in Swaziland, who—
17. Promotion of offences under Section 16A person who being—
18. Conspiracy to commit offences under this Act
19. Membership of terrorist groups
20. Arrangements of meetings in support of terrorist groups
21. Participation in the commission of offences under this ActA person who—
Part IV – Investigation of offences
22. Powers of arrestAny police officer may arrest without warrant any person who has committed or is committing or whom the police officer has reasonable grounds for suspecting to have committed or to be committing an offence under this Act.
23. Detention orders
24. Power to gather information
25. Power to intercept and admissibility of intercepted communications
Part V – Disclosure and sharing of information
26. Duty to disclose information relating to offences and terrorism acts
27. Duty to disclose information relating to terrorist property
Part VI – Specified entities
28. Orders declaring certain entities to be specified
29. Orders for the implementation of the Security Council resolutions
Part VII – Seizure and forfeiture of terrorist property
30. Power to seize property used in commission of terrorist acts
31. Orders for forfeiture of property after conviction
32. Orders for seizure and restraint of property
33. Orders for forfeiture of property
Part VIII – Extradition and mutual assistance in criminal matters
34. Exchange of information relating to terrorist groups and terrorist actsThe Commissioner may, on a request made by the appropriate authority of a foreign State, disclose to that authority any information in the possession of the Commissioner or in the possession of any other government department or agency, relating to any of the following—
35. Counter-terrorism conventions to be used as basis for extradition
36. Counterterrorism convention for mutual assistance in criminal matters
37. Offences under this act not political offences for extraditionNotwithstanding anything in the Extradition Act, an offence under this Act shall, for the purposes of extradition under the Extradition Act, be deemed not to be an offence of a political character or an offence connected with a political offence or an offence inspired by political motives.
38. Death, serious bodily harm and damage to property not political offences for extraditionNotwithstanding anything in the Extradition Act, an offence under this Act which causes death or serious bodily harm to a person, or serious damage to property shall, for the purposes of extradition under the Extradition Act, be deemed not to be an offence of a political character or an offence connected with a political offence or an offence inspired by political motives.
Part IX – Miscellaneous
39. Refusal and revocation of registration of charities linked to terrorists.
40. Information relating to passengers in motor vehicles, vessels and aircrafts
41. Power to prevent entry and order the removal of persons
42. Power to refuse applicationThe Minister responsible for immigration may, having regard to the interests of national security and public safety, refuse the application of any person applying for status as a refugee, if that Minister has reasonable grounds to believe that the applicant has committed a terrorist act or is or is likely to be involved in the commission of a terrorist act.
43. Power to make regulations
44. Commissioner to authorise certain officers.The Commissioner may, by notice published in the Gazette, authorise senior officers not below the rank of assistant superintendent to perform the duties entrusted the Commissioner in terms of this Act.
Cited documents 0
Documents citing this one 10
- Dlamini & Other v The Director Of Public Prosecution and Others (165 of 2010)  SZHC 82 (21 December 2011)
- Dlamini And Another v Rex (46 of 2014)  SZSC 9 (29 July 2015)
- Dlamini and Another v Rex (184 of 2014)  SZHC 397 (13 November 2014)
- Makhanya and Others v King (181 of 2014)  SZHC 100 (5 May 2014)
- Maseko and Others v Prime Minister of Swaziland and Others (2180 of 2009)  SZHC 180 (16 September 2016)
- R v Masuku (348 of 2008)  SZHC 220 (23 September 2009)
- Rex v Dlamini and Another (165 of 2010)  SZHC 144 (10 July 2012)
- Rex v Dlamini and Another (165 of 2010)  SZHC 2 (25 February 2014)
- Rex v Nation Magazine and Others (120 of 2014)  SZHC 152 (17 July 2014)
- Silolo v Rex (30 of 2016)  SZSC 32 (30 June 2016)