BRIEFING PAPER: ANTI-TERRORISM LEGISLATION IN NAMIBIA Summary of the law The Prevention and Combating of Terrorist and Proliferation Activities Act (Act No. 4 of 2014) sets out: ‘ Any person who, in or outside Namibia, directly or indirectly, engages in any terrorist activity commits the offence of terrorism and is liable to life imprisonment. ’ to provide for the offences of terrorism and proliferation and other offences connected or associated with terrorist or proliferation activities; l to provide for measures to prevent and combat terrorist and proliferation activities; l to provide for measures to give effect to the international conventions, Security Council Resolutions, instruments and best practices concerning measures to combat terrorist and proliferation activities; l to provide for measures to prevent and combat the funding of terrorist and proliferation activities; l to provide for investigative measures concerning terrorist and proliferation activities; l to provide for measures to proscribe persons and organisations that conduct terrorist and proliferation activities; and l to provide for incidental matters. Part 1 of the Act sets out the definitions and interpretations used in the law. Part 2 deals with offences falling under the definition of terrorist activities and their corresponding penalties. Offences include terrorism, funding terrorist activities; damaging facilities of an airport; endangering the safety of marine navigation; taking hostages; nuclear terrorism; membership of a terrorist organisation; recruitment of persons to participate in terrorist activities; and attendance at a place used for training in terrorist or proliferation activities. Any person who, in or outside Namibia, directly or indirectly, engages in any terrorist activity commits the offence of terrorism and is liable to life imprisonment. A person involved in funding terrorist activities is liable to a fine not exceeding N$100 million or imprisonment for a period not exceeding 30 years, or such a fine and incarceration. Part 3 provides for measures to implement resolutions of the UN Security Council. These include: publication of sanctions list and issuance of freezing orders; issuance of travel bans; issuance of an arms embargo in respect of persons or organisations designated by Security Council; communication to Security Council Sanctions Committees regarding actions taken in respect of designated persons and organisations; and prohibition of landing, entering, docking or departure of certain vessels and flights. Part 4 deals with investigating powers and other anti-terrorism and proliferation measures. These include: search, seizure, arrest and forfeiture; duty to disclose information relating to funds owned or controlled by designated persons, organisations or countries; interception of communications and admissibility of intercepted communications; proscription of persons and organisations; issuance of freezing orders in respect of funds belonging to or controlled by proscribed persons and organisations; and travel bans on proscribed persons or organisations. Part 5 covers jurisdiction and procedural matters which inter alia include: jurisdiction of the High Court in respect of offences, bail in respect of offences and powers of court with regard to recalcitrant witnesses. PAGE 4