CRW2602
PART 1
UNIT 01
CRIME AGAINST THE STATE
TERRORISM
The Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004
provides a broad definition of "terrorist activities". The main "terrorist activities" prohibited in
section 1 of the Act are summarised below:
(a) Any act committed in or outside the Republic which
(i) involves the use of violence
(ii) involves the release dangerous or harmful substance into the environment
(iii) endangers the life, or violates the physical integrity of any person
(iv) causes serious risk to the public ‘s health and safety
(v) causes substantial damage to any property
(vi) cause serious interference of essential service
(vii) causes any major economic loss
(viii) creates a serious public emergency
➢ Example: S v Okah [2018] ZACC 3 illustrates harm suffered outside the Republic. The
accused was the leader of the militant group Movement for the Emancipation of the Niger
Delta (MEND). He masterminded and bankrolled four car bombings in Nigeria. The bombs
killed nine people, injured many others and caused extensive damage to property.
CULPABILITY/INTENTION
(a) An act which is intended, or by its nature and context, can reasonably be regarded as being
intended, directly or indirectly, to
FIRST COMPONENT
➢ threaten the unity and territorial integrity of the Republic
➢ cause feelings of insecurity within the public or terror within the public
➢ unduly coerce a person, a government to do or abstain from doing any act
SECOND COMPONENT
➢ for the purpose of the advancement of an individual/collective motive, cause or
undertaking.
Public violence
is the unlawful and intentional performance of an act by persons which assumes serious proportions
and disturb the public peace and order
PART 1
UNIT 01
CRIME AGAINST THE STATE
TERRORISM
The Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004
provides a broad definition of "terrorist activities". The main "terrorist activities" prohibited in
section 1 of the Act are summarised below:
(a) Any act committed in or outside the Republic which
(i) involves the use of violence
(ii) involves the release dangerous or harmful substance into the environment
(iii) endangers the life, or violates the physical integrity of any person
(iv) causes serious risk to the public ‘s health and safety
(v) causes substantial damage to any property
(vi) cause serious interference of essential service
(vii) causes any major economic loss
(viii) creates a serious public emergency
➢ Example: S v Okah [2018] ZACC 3 illustrates harm suffered outside the Republic. The
accused was the leader of the militant group Movement for the Emancipation of the Niger
Delta (MEND). He masterminded and bankrolled four car bombings in Nigeria. The bombs
killed nine people, injured many others and caused extensive damage to property.
CULPABILITY/INTENTION
(a) An act which is intended, or by its nature and context, can reasonably be regarded as being
intended, directly or indirectly, to
FIRST COMPONENT
➢ threaten the unity and territorial integrity of the Republic
➢ cause feelings of insecurity within the public or terror within the public
➢ unduly coerce a person, a government to do or abstain from doing any act
SECOND COMPONENT
➢ for the purpose of the advancement of an individual/collective motive, cause or
undertaking.
Public violence
is the unlawful and intentional performance of an act by persons which assumes serious proportions
and disturb the public peace and order
