Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict Act

9. An authorisation in terms of section 7(2), and exemption in terms of section 13, may be given, unless it— is in conflict with the Republic's obligations in terms of international law; (a) (b) would result in the infringement of human rights and fundamental freedoms in the territory where the assistance or service is to be rendered or the exemption granted; (c) endangers the peace by introducing destabilising military capabilities into the region or territory where the assistance or service, or humanitarian aid, is or is likely to be, provided or rendered; (d) would contribute to regional instability or negatively influence the balance of (e) power in such region or territory; in any manner supports or encourages any terrorist activity or terrorist and related activities, as defined in section 1 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004); (f) contributes to the escalation of regional conflicts; (g) in any manner initiates, causes or furthers an armed conflict, or a coup d'etat, uprising or rebellion against a government; or (h) prejudices the Republic's national or international interests. Offences and penalties 10. (1) A person who contravenes or fails to comply with section 4( 1) or section 5, or contravenes or fails to comply with a condition determined in respect of an application in terms of section 7(2)(b) or section 13 is guilty of an offence and liable upon conviction to a fine or to imprisonment, or to both a fine and imprisonment. Act No. 27, 2006 PROHIBITION OF MERCENARY ACTIVITIES AND REGULATION OF CERTAIN ACTIVITIES IN COUNTRY OF ARMED CONFLICT ACT, 2006 (2) A person referred to in section 15(2) who fails to apply for the authorisation within the period referred to in that subsection, and remains so enlisted, is guilty of an offence and liable, upon conviction, to a fine or to imprisonment or to both a fine and imprisonment. (3) The court may, when convicting any person of an offence under this Act declare any armament, weapon, vehicle, uniform, equipment or other property or object in respect of which the offence was committed or which was used for, in or in connection with the commission of the offence, to be forfeited to the State in the manner contemplated in section 35 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977). Extra-territorial jurisdiction 11. (1) Any act constituting an offence under this Act and that is committed outside the Republic by— (a) a citizen of the Republic; (b) a person ordinarily resident in the Republic; (c) a company incorporated or registered as such under any law, in the Republic; or (d) any body of persons, corporate or unincorporated, in the Republic, must be regarded as having been committed in the Republic and the person who committed it may be tried in a court in the Republic which has jurisdiction in respect of that offence. (2) (a) Any act that constitutes an offence under section 2 of this Act and that is committed outside the Republic by a person, other than a person contemplated in subsection (1), against the Republic, its citizens or residents must be regarded as having been committed in the Republic if that person is found in the Republic. (b) A person contemplated in paragraph (a) may be tried for such an offence by a South African court if there is no application for the extradition of the person or if such an application has been refused. (3) Any offence contemplated in subsection (1) or (2), is, for the purpose of determining the jurisdiction of a court to try the offence, regarding as having been committed at— (a) (b) (c) the place where the accused is ordinarily resident; the accused's principal place of business; or the place where the accused was arrested. (4) Where a person is charged with conspiracy or incitement to commit an offence or as an accessory after the fact, the offence is regarded as having been committed not only at the place where the act was committed, but also at every place where the conspirator, inciter or accessory acted or in the case of an omission, should have acted. Regulations 12. (1) The President as Head of the National Executive, may make regulations relating to— (a) any matter which is required or permitted in terms of this Act to be prescribed; the consideration of an application for an authorisation in terms of section (b) 7(2); the maintenance of the register; and (c) (d) generally any other ancillary or incidental administrative or procedural matter which it may be expedient or necessary to prescribe for the proper implementation or administration of this Act. (2) A regulation may prescribe a penalty of a fine or of imprisonment for a period not exceeding five years, or both a fine and such imprisonment, for any contravention thereof or any failure to comply therewith. Exemptions

13. The President as Head of the National Executive may, subject to section 9, upon request in the prescribed form and manner, exempt any humanitarian aid organisation from the provisions of section 5 of this Act, if such exemption would facilitate the rendering of humanitarian aid, without delay, in order to relieve the plight of civilians in an armed conflict, and subject to such conditions as he or she may determine. Act No. 27, 2006 PROHIBITION OF MERCENARY ACTIVITIES AND REGULATION OF CERTAIN ACTIVITIES IN COUNTRY OF ARMED CONFLICT ACT, 2006 Amendment and repeal of laws 14. (1) The Criminal Law Amendment Act, 1997 (Act No. 105 of 1997), is hereby amended to the extent set out in the Schedule. (2) The Regulation of Foreign Military Assistance Act, 1998 (Act No. 15 of 1998), is hereby repealed. Transitional provisions 15. (1) Any authorisation or approval granted in terms of the Regulation of Foreign Military Assistance Act, 1998 (Act No. 15 of 1998), remains in force and effect until withdrawn or amended or until expiry of the term for which it was granted. (2) (a) A citizen of the Republic or a person ordinarily resident in the Republic who, at the time of the commencement of this Act, had already been enlisted in an armed force, must within six months of the date of commencement of this Act, apply for authorisation in the manner required by section 7; and (b) If a citizen or person contemplated in paragraph (a), filed an application for authorisation within the period provided for in that paragraph, the citizen or person may remain so enlisted until the application is decided. (3) (a) Any person who, at the time of the commencement of this Act, is involved in the activities contemplated in section 3(1)(a) to (e) that did not constitute an offence under the Regulation of Foreign Military Assistance Act, 1998 (Act No. 15 of 1998), must within six months of the date of commencement of this Act, apply for authorisation in the manner required by section 7. (b) If a person contemplated in paragraph (a) filed an application for authorisation within the period provided for in that paragraph, the person who conducts that activity may continue with the activity until the application is decided. (4) All formal hearings and court proceedings instituted, prior to the commencement of this Act, in terms of the Regulation of Foreign Military Assistance Act, 1998, and that have not been concluded before the commencement of this Act, must be continued with and concluded as if this Act had not been passed. Short title and commencement

16. This Act is called the Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict Act, 2006, and comes into operation on a date determined by the President by Proclamation in the Gazette. Act No. 27, 2006 PROHIBITION OF MERCENARY ACTIVITIES AND REGULATION OF CERTAIN ACTIVITIES IN COUNTRY OF ARMED CONFLICT ACT, 2006 SCHEDULE AMENDMENT OF SCHEDULE 2 TO CRIMINAL LAW AMENDMENT ACT, 1997 (ACT NO. 105 OF 1997) (Section 14) No. and Year of Act Short Title Extent of Amendment No. 105 of 1997 Criminal Law Amendment Act

1. The addition to Part I of Schedule 2 of the following item: "Any offence referred to in sec tion 2 of the Prohibition of Mer cenary Activities and Regulation of Certain Activities in Country of Armed Conflict Act, 2006;"

2. The addition to Part II of Sched ule 2 of the following item: "Any offence referred to in sec tion 3 of the Prohibition of Mer cenary Activities and Regulation of Certain Activities in Country of Armed Conflict Act, 2006.".