Dear Portfolio Committee on Police,

I received an L.LD degree in 2019. The topic of my thesis was Maritime Piracy and Criminal Law: A South African Perspective. Whilst conducting my research, I perused inter alia numerous South African legislation related to maritime piracy as well as the hijacking of a ship. In my thesis I recommended inter alia that sect 10 and 15 of POCDATARA be amended. I include my recommendations in this message:

Section 10 of Act 33 of 2004 currently reads as follows:
Offences relating to hijacking a ship or endangering safety of maritime navigation
Any person who intentionally-
(a) seizes or exercises control over a ship by force or threat thereof or any other form of intimidation;
(b) performs any act of violence against a person on board a ship if that act is likely to endanger the safe navigation of that ship;
(c) destroys a ship or causes damage to a ship or to its cargo which is likely to endanger the safe navigation of that ship;
(d) places or causes to be placed on a ship, by any means whatsoever, a device or substance which is likely to destroy that ship, or causes damage to that ship or its cargo which endangers or is likely to endanger the safe navigation of that ship;
(e) destroys or seriously damages maritime navigational facilities or seriously interferes with their operation, if such acts are likely to endanger the safe navigation of a ship;
(f) communicates information, knowing the information to be false and under circumstances in which such information may reasonably be believed, thereby endangering the safe navigation of a ship; or
(g) injures or kills a person, in connection with the commission of any of the acts set forth in paragraphs (a) to (f),
is guilty of an offence relating to hijacking a ship or endangering the safety of maritime navigation.

I would recommend that section 10 is amended to read as follow:
(1) Any person who unlawfully and intentionally-
(a) Seizes or exercises control over a boat or a ship by force or threat thereof or any other form of intimidation;
(b) Performs any act of violence against a person on-board a boat or a ship if that act is likely to endanger the safe navigation of that boat or ship;
(c) Destroys a boat or a ship or causes damage to such boat or ship or to the property on board the boat or ship which is likely to endanger the safe navigation of that boat or ship;
(d) Places or causes to be placed on a boat or a ship, by any means whatsoever, a device or substance which is likely to destroy that boat or ship, or causes damage to that boat or ship or the property on board the boat or ship which endangers or is likely to endanger the safe navigation of that boat or ship;
(e) Destroys or seriously damages maritime navigational facilities or seriously interferes with their operation, if such acts are likely to endanger the safe navigation of a boat or a ship; or
(f) Communicates information, knowing the information to be false and under circumstances in which such information may reasonably be believed, thereby endangering the safe navigation of a boat or a ship;
is guilty of an offence relating to hijacking a boat or a ship or endangering the safety of maritime navigation.
(2) Any person also commits an offence if that person attempts, conspires, incite, or threatens, with or without a condition, aimed at compelling a physical or juridical person to do or refrain from doing any act, to commit any of the offences set forth in paragraphs 1(a)-(f), if that attempt, conspiracy, incitement or threat is likely to endanger the safe navigation of a boat or a ship.
(3) Any person who commits an offence relating to the hijacking of a boat or a ship is guilty of an offence, which may be tried in any court in the Republic designated by the Director of Public Prosecutions and, upon conviction, is liable to a fine or to imprisonment for any period, including life imprisonment.

Section 15(1)(c) of Act 33 of 2004 currently reads as follows:
“... the evidence reveals any other basis recognised by law.”
I would recommend that section 15(1)(c) is amended to read as follow:
… the evidence reveals any other jurisdictional basis recognised by international law, including universal jurisdiction.

I will be glad and honoured to forward other recommendations I suggested to be made in the Defence Act 42 of 2002 and the Criminal Procedure Act 51 of 1977. I researched and perused hundreds of articles, statutes, conventions and literature so that I can compare our South African legislation related to maritime piracy and the hijacking of a ship with international law and conventions as well as the African Union conventions and law. I also made a comparison between our laws and those of other countries.