Intimidation Proclamation, 1989 (Proclamation AG24 of 1989)

Official Gazette no. 5757
This is the latest version of this legislation.
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Intimidation Proclamation, 1989

Proclamation AG24 of 1989

  • Published in Official Gazette no. 5757 on 22 July 1989
  • Assented to on 17 July 1989
  • Commenced on 22 July 1989
  • [Up to date as at 6 November 2020]
PROCLAMATIONby theADMINISTRATOR-GENERAL FOR THE TERRITORY OF SOUTH WEST AFRICAPROVISION FOR THE PREVENTION OF INTIMIDATION
Under the powers vested in me by Proclamation 181 of 19 August 1977, I hereby make the laws set out in the Schedule.L. A. PIENAARAdministrator-General Windhoek, 18 July 1989

SCHEDULE

1. Prohibition of certain forms of intimidation

(1)Any person who -(a)with intent to compel or induce any other person to do, or to abstain from doing, something or to assume or to abandon a particular standpoint -(i)kills, assaults, injures or causes damage to that person or any other person; or(ii)in any manner threatens to kill, assault, injure or cause damage to that person or any other person;(b)acts in such a manner or uses or publishes any language in such a manner that it has, or would probably have, the effect on a person perceiving the act or language, reasonably to fear for his own safety or the safety of his property, or for the safety of any other person or for the safety of the property of that other person, and to be induced by his fear to do, or to abstain from doing, something or to assume or to abandon a particular standpoint,shall be guilty of an offence and liable on conviction to a fine not exceeding R20 000 or to imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment.
(2)A person may be convicted on account of a threat referred to in subsection (1)(a)(ii) if the threat was of such a nature that a reasonable person in the circumstances of the person threatened, would have feared for his own safety or the safety of his property, or for the safety of the other person referred to in subsection (1)(a)(ii), or for the safety of the property of that other person.

2. Hearing of certain applications behind closed doors

Any application for a direction referred to in section 153(1) or (2) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), shall, if the criminal proceedings in connection with which that application is made is a prosecution for an offence referred to in section 1, be heard behind closed doors.

3. Repeal of Act 72 of 1982

The Intimidation Act, 1982, is hereby repealed.

4. Short title

This Proclamation shall be called the Intimidation Proclamation, 1989