Section 12

12. (1) Any person who—

(a) has reason to suspect that any other person intends to commit or has committed an offence referred to in this Chapter; or

(b) is aware of the presence at any place of any other person who is so suspected of intending to commit or having committed such an offence,

must report as soon as reasonably possible such suspicion or presence, as the case may be, or cause such suspicion or presence to be reported to any police official.

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No. 27266

GOVERNMENT GAZETTE. 11 FEBRUARY 2005

Act No. 33.2004 PROTECTION OF CONSTITUTIONAL DEMOCRACY AGAINST TERRORIST AND RELATED ACTIVITIES ACT. 2004

(2) Any person who fails to comply with the provisions of subsection (1)(a) or (b), is guilty of an offence.

(3) Upon receipt of a report referred to in subsection (1), the police official involved, must take down the report in the manner directed by the National Commissioner, and forthwith provide the person who made the report with an acknowledgement of receipt of such report.

(4)(a) The National Commissioner must, at the commencement of this Act, publish the direction contemplated in subsection (3) in the Gazette.

(b) Any direction issued under subsection (3) must be tabled in Parliament.

(5) A person required to make a report in terms of subsection (1) concerning a suspicion that any other person intends to commit or has committed an offence referred to in section 4, may continue with and carry out any transaction to which such a suspicion relates, unless directed in terms of subsection (6) not to proceed with such a transaction.

(6) If a police official authorised thereto by the National Commissioner, after consulting with a person required to make a report contemplated in subsection (5), has reasonable grounds to suspect that a transaction referred to in that subsection may constitute an offence contemplated in section 4, that police official may direct that person, in writing, not to proceed with the carrying out of that transaction or any other transaction in respect of the property affected by that transaction for a period as may be determined by that police official, which may not be more than five days.

(7) For the purposes of calculating the period of five days in subsection (6), Saturdays, Sundays and proclaimed public holidays must not be taken into account.

(8) Subsection (6) does not apply to the carrying out of a transaction to which the rules of an exchange licensed in terms of the Stock Exchanges Control Act, 1985 (Act No. 1 of 1985), or the Financial Markets Control Act, 1989 (Act No. 55 of 1989), apply.

## Offences relating to hoaxes

13. (1)(a) Any person who, with the intention of inducing in a person anywhere in the world a false belief that a substance, thing or device is, or contains, or is likely to be, or contains a noxious substance or thing or an explosive or other lethal device —

(i) places that substance, thing or device in any place; or

(ii) sends that substance, thing or device from one place to another, by post, rail or any other means whatsoever, is guilty of an offence.

(b) Any person who, directly or indirectly, communicates any information, which he or she knows, or ought reasonably to have known or suspected, or believes to be false, with the intention of inducing in a person anywhere in the world a belief that a noxious substance or thing or an explosive or other lethal device is likely to be present (whether at the time the information is communicated or later) in or at any place, is guilty of an offence.

(2) For the purposes of this section “substance” includes any biological agent and any other natural or artificial substance (whatever its form, origin or method of production).

## Threat, attempt, conspiracy and inducing another person to commit offence