Page:Terrorism Act 1967.pdf/4

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Act No. 83 of 1967.

Act been resident in the Republic and that he has not at any time after such commencement, entered or been in the Republic in contravention of any law.

Harbouring or concealing of or rendering assistance to terrorists.

3. Any person who harbours or conceals or directly or indirectly renders any assistance to any other person whom he has reason to believe to be a terrorist, shall be guilty of an offence and liable on conviction to the penalties provided by law for the offence of treason: Provided that, except where the death penalty is imposed, the imposition of a sentence of imprisonment for a period of not less than five years shall be compulsory, whether or not any other penalty is imposed.

Jurisdiction and venue.

4. (1) Notwithstanding anything to the contrary in any law or the common law contained any superior court or attorney-general in the Republic shall have jurisdiction in respect of any offence under this Act committed outside the area of jurisdiction of such court or attorney-general, as if it had been committed within such area.

(2) If the Minister so directs the trial of any person for an offence under this Act, shall take place at such place in the Republic as the Minister may determine.

(3) Whenever the trial for an offence under this Act committed in the territory or elsewhere outside the Republic, takes place in the Republic, whether or not on the instructions of the Minister, the laws relating to procedure and evidence of the Republic shall apply in respect of such trial and whenever the trial for such an offence committed in the Republic or elsewhere outside the territory so takes place in the territory, the laws relating to procedure and evidence of the territory shall so apply.

Procedure at the trial of persons for offences under this Act.

5. Notwithstanding anything to the contrary in any law or the common law contained—

(a)

any person charged in the Republic, excluding the territory, with having committed an offence under this Act, shall be tried by a judge without a jury as if the provisions of sections 109 and 110 of the Criminal Procedure Act, 1955 (Act No. 56 of 1955), applied in respect of his trial;

(b)

the trial of any person accused of having committed any offence under this Act may, subject to the provisions of section 4, be held at any time and at any place within the area of jurisdiction of the division of the Supreme Court of South Africa concerned;

(c)

whenever two or more persons are in any indictment, summons or charge alleged to have committed, whether jointly or severally, offences under this Act, such persons may be tried jointly for such offences on that indictment, summons or charge;

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