CHAPTER 00:00
COUNTER-TERRORISM

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

 

 

PART I
Preliminary

 

   1.   Short title

 

   2.   Interpretation

 

PART II
Terrorism Offences and Support Offences

 

   3.   Prohibition of terrorism

 

   4.   Offences associated with or connected to acts of terrorism

 

   5.   Financing terrorism

 

   6.   Harbouring or concealment of a person committing an act of terrorism

 

   7.   Transportation of certain offenders on board a ship

 

   8.   Attempt and conspiring to commit offence

 

   9.   Aiding, conspiracy, incitement, etc. to commit offence

 

   10.   Hoaxes

 

   11.   Report suspect of terrorism offence

 

PART III
Terrorist Groups

 

   12.   Declaration of terrorist group

 

   13.   Membership to terrorist group

 

   14.   Support for terrorist group

 

PART IV
Investigative Powers and Courts Orders

 

   15.   Arrest without warrant

 

   16.   Arrest with warrant

 

   17.   Freezing without delay

 

   18.   Freezing order

 

   19.   Cordoning off, stop and search of vehicle and person

 

   20.   Power to intercept

 

   21.   Property tracking

 

   22.   Exclusion order

 

   23.   Application of Immigration Act

 

   24.   Offences in connection with exclusion order

 

   25.   Disclosure of information, etc.

 

PART V
Jurisdiction and Court Proceedings

 

   26.   Jurisdiction of offences

 

   27.   Proceedings of terrorist case

 

PART VI
BorderControls

 

   28.   Interpretation of Part VI

 

   29.   Examination

 

   30.   Disclosure

 

   31.   Examination of goods

 

   32.   Search of ship, vehicle and aircraft

 

   33.   Search of person.

 

   34.   Seizure of property

 

   35.   Designation of control areas

 

   36.   Control area

 

   37.   Information of owner of vessel or aircraft

 

   38.   Offences and penalties under Part VI

 

PART VII
Establishment of the Counter-Terrorism Analysis and Fusion Agency

 

   39.   Interpretation of Part VII

 

   40.   Establishment of Agency

 

   41.   Functions of Agency

 

   42.   Appointment of the Coordinator

 

   43.   Powers and Functions of the Coordinator

 

PART VIII
Miscellaneous Provisions

 

   44.   Offences and penalties

 

   45.   Regulations

 

   46.   Transitional Provision

 

Act 24, 2014,
S.I. 53, 2015.

An Act to provide for measures to prevent and combat acts of terrorism including financing of terrorism; to establish the Counter-Terrorism Analysis and Fusion Agency and to provide for matters related thereto.

[Date of Commencement: 1st May, 2015]

PART I
Preliminary (ss 1-2)

 

1.   Short title.

   This Act may be cited as the Counter-Terrorism Act.

 

2.   Interpretation.

   (1) In this Act, unless the context otherwise requires -

   "act of terrorism" means any act or omission in or outside Botswana which is intended to advance a political, ideological or religious cause, or by its nature or context, may reasonably be regarded as being intended to intimidate or threaten the public or a section of the public, or compel a government or an international organisation to do or abstain from doing any act, or to adopt or abandon a particular position, and which-

 

   (a)   endangers or is likely to endanger the life, physical integrity or freedom of any person, any number or group of persons;

 

   (b)   causes or is likely to cause serious injury or death to any person;

 

   (c)   causes or is likely to cause damage to property, natural resources, environmental or cultural heritage;

 

   (d)   disrupts any public service, the delivery of any essential service to the public or creates a public emergency, including-

 

      (i)   disrupting the provision of police services, civil defence and medical services,

 

      (ii)   disrupting or causing damage or destroying any computer system or the provision of services directly related to communication infrastructure, banking and financial services, utilities, transportation or key infrastructure;

 

   (e)   creates a general insurrection in Botswana;

 

   (f)    involves the use of explosives or other lethal devices;

 

   (g)    involves the use of, or transportation of NBC weapons;

 

   (h)   involves the handling of, or use of radioactive or nuclear material;

 

   (i)   interferes with the operation of, damages a nuclear facility, or does anything directed against the nuclear facility, in a manner which releases or risks to release radioactive material;

 

   (j)   causes damage to a ship or vehicle, or is likely to endanger the safe navigation of a ship on inland or international waters;

 

   (k)   causes damage to a fixed platform or is likely to endanger the safety of the fixed platform;

 

   (l)   causes damage to any aircraft or aerodrome, or is intended to or is likely to cause damage to any air navigation facility or endanger the safety and lives of persons and property, affect the operations of air services or undermine the confidence of the public in the safety of civil aviation; or

 

   (m)   involves prejudice to public security or national defence; and includes -

 

      (i)   seizure of property, natural resources, environmental or cultural heritage,

 

      (ii)   hijacking of an aircraft, ship or vehicle,

 

      (iii)   taking of hostages,

 

      (iv)   the intentional murder or kidnap of an internationally protected person, or the execution of a violent attack upon the official premises, the private accommodation or the means of transport of that person, which attack is likely to endanger his or her person or liberty, or

 

      (v)   any promotion, sponsorship, contribution to, command, aid, incitement, encouragement, attempt, threat, conspiracy, organising, or procurement of any person, with the intent to commit any act referred to in paragraphs (a) to (m) (iv);

For the purposes of paragraph 2 (1)(d) any advocacy, protest, dissent demonstration or industrial action shall not be considered as an act of terrorism if it is not intended to damage property, result in any serious bodily harm to a person or endanger a person's life, or create a risk to human health, or to public safety;

   "aerodrome" has the same meaning assigned to it under the Civil Aviation Act;

   "aircraft" has the same meaning assigned to it under the Civil Aviation Act;

   "NBC weapon" means -

 

   (a)   nuclear weapons and other nuclear explosive devices;

 

   (b)   "biological weapons" which are -

 

      (i)   microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes, or

 

      (ii)   weapons, equipment or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict;

 

   (c)   "chemical weapons" which are, together or separately -

 

      (i)   toxic chemicals and their precursors, except where intended for-

 

         (aa)   industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes,

 

         (bb)   protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons,

 

         (cc)   military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare, or

 

         (dd)   law enforcement including domestic riot control purposes, as long as the types and quantities are consistent with such purposes,

 

      (ii)   munitions and devices specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in subparagraph (i) which would be released as a result of the employment of such munitions and devices, or

 

      (iii)   any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in subparagraph (ii);

   "essential service" means a service which is essential to the life and well-being of a community;

   "explosive or other lethal device" means -

 

   (a)   an explosive or incendiary weapon or device that is designed, or has the capability to cause death, serious bodily injury or substantial material damage; or

 

   (b)   a weapon or device that is designed, or has the capability to cause death, serious bodily injury or substantial material damage through the release, dissemination or impact of toxic chemicals, biological agents or toxins or similar substances or radiation or radioactive material;

   "fixed platform" means an artificial island, installation or structure permanently attached to the seabed for the purpose of exploration of resources or for other economic purposes;

   "internationally protected person" means"-

 

   (a)   a Head of State, including any member of a collegial body performing the functions of a Head of State under the constitution of the State concerned, a Head of Government or a Minister for foreign affairs, whenever any such person is in Botswana, as well as members of his or her family accompanying him or her; or

 

   (b)   any representative or official of a State or any official or any official or other agent of an international organisation or intergovernmental organisation or of an intergovernmental character who, at the time when and in the place where a crime against him or her or his or her official premises, his or her private accommodation or his or her means of transort is committed, is entitled, pursuant to international law to special protection from any attack on his or her person, freedom or dignity;

   "investigating officer" means-

 

   (a)   a member of the Botswana Police Service;

 

   (b)   a member of the Botswana Defence Force; and

 

   (c)   an officer of the Directorate of Intelligence and Security;

   "nuclear facility" means -

 

   (a)   any nuclear reactor, including reactors installed on vessels, vehicles, aircraft or space objects for use as an energy source in order to propel such vessels, vehicles, aircraft or space objects or for any other purpose; or

 

   (b)   any plant or conveyance being used for the production, storage, processing or transport of radioactive material;

   "nuclear material" means -

 

   (a)   plutonium, except that with isotopic concentration exceeding 80 per cent in plutonium-238;

 

   (b)   uranium-233;

 

   (c)   uranium enriched in the isotope 235 or 233;

 

   (d)   uranium containing the mixture of isotopes as occurring in nature other than in the form of ore or ore-side; or

 

   (e)   any material containing one or more of the materials provided under paragraphs (a) to (d);

   "property" means money or any other movable, immovable, corporeal or incorporeal thing and includes any rights, privileges, claims and securities and any interest in such property, and all proceeds thereof, as well as -

 

   (a)   any currency, whether or not the currency is legal tender in Botswana, and any bill, security, bond, negotiable instrument or any instrument capable of being negotiated which is payable to bearer or endorsed payable to bearer, whether expressed in Botswana currency or otherwise;

 

   (b)   any balance held in Botswana currency or in any other currency in accounts with any bank which carries on business in Botswana or elsewhere;

 

   (c)    any balance held in any currency with a bank outside Botswana;

 

   (d)    vehicles, ships, aircraft, boats, works of art, jewellery, precious metals or any other item of value; and

 

   (e)    any right or interest in property; and

 

   (f)   funds or other assets including all property and any interest, dividends or income on or value accruing or generated by such funds or assets;

   "radioactive material" means nuclear material and other radioactive substances which contain nuclides which undergo spontaneous disintegration (a process accompanied by emission of one or more types of ionizing radiation, such as alpha-, beta-, neutron particles and gamma rays) and which may, owing to their radiological or fissile properties, cause death, serious bodily injury or substantial damage to property or to the environment;

   "ship" means a vessel of any type, which is not permanently attached to the seabed, and includes a dynamical supported craft, submersible, or any other floating craft;

   "structured group" means a group, whether or not randomly formed for the immediate commission of an offence, and that does not need to have formally defined roles for its members, continuity of its membership or a developed structure;

   "terrorist" means a person who commits an act of terrorism or is a member of a terrorist group;

   "terrorist group" means a structured group of two or more persons, existing for

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