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Prevention and Combating of Terrorist and Proliferation Activities Act, 2014
Act 4 of 2014
- Published in Government Gazette 5490 on 25 June 2014
- Assented to on 20 June 2014
- Commenced on 1 July 2014 by Commencement of Prevention and Combating of Terrorist and Proliferation Activities Act, 2014
- [This is the version of this document from 25 June 2014 and includes any amendments published up to 3 May 2024.]
Part 1 – INTRODUCTORY PROVISIONS
1. Definition and interpretation
Part 2 – OFFENCES AND PENALTIES
2. Offence of terrorism and funding of terrorist activities
3. Offence of proliferation and funding of proliferation activities
4. Offences associated or connected with funding of specified offences
5. Performing act of violence at airport or destroying or damaging facilities of airport
A person who with the intention of inducing economic damage or social terror, or to intimidate or to coerce any government, body or institution to adopt or abandon a political, religious or ideological standpoint -6. Endangering safety of maritime navigation
7. Taking of hostages
A person who seizes or detains another person with the intention to, or with the threat to, endanger the life, physical integrity or freedom of such person for the purpose of inducing social terror, or to intimidate or to coerce any government, body or institution to adopt or abandon a political, religious or ideological standpoint as an explicit or implicit condition for the release of such person held hostage, commits an offence and is liable to imprisonment for a period not exceeding 30 years.8. Protection of internationally protected persons
9. Offences relating to fixed platforms
10. Nuclear terrorism
A person who unlawfully -11. Arrangements for retention or control of funds belonging to or controlled by persons involved in terrorist or proliferation activities
12. Recruitment of persons as members of designated organisations or to participate in terrorist or proliferation activities and harbouring of persons involved in terrorist or proliferation activities
13. Membership of organisation involved in terrorist or proliferation activities
A person who is or who attempts to be a member of a an organisation involved in any terrorist or proliferation activity commits an offence, and is liable to imprisonment for a period not exceeding 30 years.14. Use and possession of funds for terrorist or proliferation activities
A person who -15. Attendance at place used for training in terrorist or proliferation activities
A person who -16. Offence concerning placement or sending of noxious or hazardous substances, lethal devices, explosives or other similar things and offence concerning making of hoaxes relating to placement or sending of noxious or hazardous substances, lethal devices, explosives or other similar things
17. Offence relating to weapons
18. Directing activities of organisation involved in terrorist or proliferation activities
A person who directs at any level the activities of an organisation which is involved in the commission of any terrorist or proliferation activity commits an offence and is liable to life imprisonment.19. Possession of article for purposes of terrorist or proliferation activities
A person who possesses an article in circumstances, which give rise to a reasonable belief that the possession is for a purpose connected with the commission or attempted commission, preparation or instigation of a terrorist or proliferation activity, commits an offence and is liable to a fine not exceeding N$100 million or to imprisonment for a period not exceeding 30 years, or to both such fine and such imprisonment.20. Collection of information
21. Prohibition of rendering foreign military assistance to foreign States or organisations
A person within Namibia or elsewhere who offers to render any foreign military assistance, other than humanitarian or civilian assistance aimed at relieving the plight of civilians in an area of armed conflict, or any mercenary activities or related services to a foreign state, organ of a state, group of persons or other organisation or person, unless -Part 3 – MEASURES TO IMPLEMENT RESOLUTIONS OF UNITED NATIONS SECURITY COUNCIL
22. Notification of designated persons or organisations by Security Council
The Permanent Mission of the Republic of Namibia to the United Nations must, without delay, submit to the Ministry responsible for foreign affairs all designations made by the Security Council or relevant Sanctions Committees, as well as any sanctions list issued in connection therewith.23. Publication of sanctions list and issuance of freezing orders in respect of persons or organisations designated by Security Council
24. Circulation of designations of persons or organisations by Security Council and any sanctions list issued in connection therewith
25. Prohibition of making funds available to or on behalf of designated persons, organisations or countries
A person to whom a designation or list has been communicated in terms of section 24(2) or any other person who knows or ought reasonably to know or suspect that he or she either directly or indirectly makes any funds, bulk cash, economic resources or any other assets or financial or related services, directly or indirectly, wholly or jointly available to or on behalf of or for the benefit of -26. Issuance of travel bans in respect of persons or organisations designated by Security Council
27. Issuance of arms embargo in respect of persons or organisations designated by Security Council
28. Postponement, suspension or cancellation of operation of resolution adopted or listing done by Security Council
29. Request for delisting by persons or organisations designated by Security Council
30. Actions taken in respect of delisted persons and organisations
31. Communication to Security Council Sanctions Committees regarding actions taken in respect of designated or delisted persons and organisations or non-compliance observed
The Government of Namibia must -32. Requests to release funds or portion of funds that has been frozen on humanitarian grounds
33. Security Council Resolution 1373 (2001): International Cooperation, Designation, Freezing and Restraining of Funds at Request of Third State
34. Prohibition of procuring, supplying, provision, import or export of certain weapons, arms and related materials, sanctioned items and technical advice, services, assistance and training
35. Prohibition of landing, entering, docking or departure of certain vessels and flights
36. Powers of airport operator
Part 4 – INVESTIGATING POWERS AND OTHER ANTI-TERRORISM AND PROLIFERATION MEASURES
37. Road closure
38. Search, seizure, arrest and forfeiture
39. Duty to disclose information relating to funds owned or controlled by designated persons, organisations or countries
40. Interception of communications and admissibility of intercepted communications
41. Issue of warrant
42. Execution of warrant
43. Exchange of information relating to terrorist and proliferation organisations and terrorist and proliferation activities
The Minister, in collaboration with the Security Commission, may on request made by the appropriate authority of a foreign state, through appropriate channels, disclose to that authority any information in his or her or its possession, or in the possession of any Government department or agency, except information within the domain of the Centre, relating to -44. Proscription of persons and organisations
45. Issuance of freezing orders in respect of funds belonging to or controlled by proscribed persons and organisations
46. Circulation of domestic proscription list
47. Arms embargo on proscribed persons and organisations
48. Travel ban on proscribed persons and organisations
49. Authorisation for rendering of foreign military assistance
50. Register of authorisations and submission of reports
51. Malicious arrest, search and seizure
Part 5 – JURISDICTION AND PROCEDURAL MATTERS
52. Jurisdiction of High Court in respect of offences under this Act
53. Suspension of sentence
Despite anything to the contrary in any law, no person, upon conviction of an offence under this Act, may be dealt with under section 297 of the Criminal Procedure Act, if such person was at the time of the commission or attempted commission of that offence 18 years of age or older.54. Sentence to be served consecutively
A sentence, other than one of life imprisonment, imposed on a person for an offence under this Act, runs consecutively to -55. Communication of outcome of prosecutions
If a person is prosecuted for an offence under this Act, the Prosecutor- General through the Minister responsible for foreign affairs must promptly and within a reasonable period communicate the final outcome of the proceedings to the relevant committees of the Security Council, so that information so submitted may be transmitted to other State Parties of the United Nations.56. Evidence by certificate
Where in any proceedings for an offence under this Act, a question arises as to whether anything or substance is a weapon, a hazardous, a chemical, a radioactive, a nuclear, ballistic or a harmful substance, a toxic chemical or microbial or other biological or chemical agent or toxin, a certificate purporting to be signed by an appropriate authority to the effect that the thing or substance described in the certificate is a weapon, hazardous, chemical, radioactive, nuclear or harmful substance, a toxic chemical or microbial or other biological or chemical agent or toxin, is -57. Bail in respect of offences under this Act
58. Powers of court with regard to recalcitrant witness
Part 6 – GENERAL PROVISIONS
59. Participation in commission of ancillary offence under this Act
A person who -60. Indemnity
A person, generally or specifically authorised to perform any function in terms of this Act, may not be held liable for anything done or omitted to be done in good faith under this Act, unless such thing is done or omitted to be done due to the gross negligence of such person.61. Regulations
62. Delegation
The Minister may, in writing, delegate any of the powers conferred on him or her under this Act to the Deputy Minister or Permanent Secretary of the Ministry responsible for the administration of safety and security affairs, except the power to make regulations.63. Repeal and amendment of laws
The laws set out in the Schedule are repealed or amended to the extent set out in Column 3 of the Schedule.64. Savings provisions
Anything done under the Act repealed by section 63 that could be done under a corresponding provision of this Act is deemed to have been done under the corresponding provision of this Act.65. Short title and commencement
This Act is called the Prevention and Combating of Terrorist and Proliferation Activities Act, 2014, and commences on a date determined by the Minister by notice in the Gazette.History of this document
25 July 2023 amendment not yet applied
01 July 2014
25 June 2014 this version
20 June 2014
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Regulations relating on Implementation of Security Council Decisions, 2014 | Government Notice 163 of 2014 |
Cited documents 8
Legislation 8
Documents citing this one 154
Gazette 145
- Namibia Government Gazette dated 2014-06-25 number 5490
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- Namibia Government Gazette dated 2019-02-04 number 6839
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- Namibia Government Gazette dated 2019-09-12 number 6994
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- Namibia Government Gazette dated 2019-11-06 number 7043
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Legislation 9
- Civil Aviation Act, 2016
- Deposit Guarantee Act, 2018
- Financial Institutions and Markets Act, 2021
- Financial Intelligence Act, 2012
- Microlending Act, 2018
- Police Act, 1990
- Regulations relating on Implementation of Security Council Decisions, 2014
- Trust Administration Act, 2023
- Witness Protection Act, 2017