{"title":"The problem with the removal of the motive requirement from the offence of terrorism – A short commentary","authors":"Khulekani Khumalo","doi":"10.1080/10246029.2023.2186795","DOIUrl":null,"url":null,"abstract":"ABSTRACT The Protection of Constitutional Democracy Against Terrorist and Related Activities Amendment Act 23 of 2022 amends South Africa’s anti-terrorism legislation, the Protection of Constitutional Democracy Against Terrorist and Related Activities Act 33 of 2004, by, among other things, removing the requirement of motive from the definitional elements of the offence of terrorism. Before the amendment of the original legislation, motive was the third and final requirement to be satisfied before the intentional (and possibly even the negligent) commission of the various listed acts could officially constitute the offence of terrorism. This commentary sets out the detail of the three original elements of the offence of terrorism and ultimately exposes the major problem with the removal of the motive requirement, particularly if negligence is found to also be the envisaged form of fault. A solution which could help overcome the identified problem and sustain the removal of the motive requirement, is suggested in the commentary.","PeriodicalId":1,"journal":{"name":"Accounts of Chemical Research","volume":null,"pages":null},"PeriodicalIF":16.4000,"publicationDate":"2023-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Accounts of Chemical Research","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/10246029.2023.2186795","RegionNum":1,"RegionCategory":"化学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"CHEMISTRY, MULTIDISCIPLINARY","Score":null,"Total":0}
引用次数: 0
Abstract
ABSTRACT The Protection of Constitutional Democracy Against Terrorist and Related Activities Amendment Act 23 of 2022 amends South Africa’s anti-terrorism legislation, the Protection of Constitutional Democracy Against Terrorist and Related Activities Act 33 of 2004, by, among other things, removing the requirement of motive from the definitional elements of the offence of terrorism. Before the amendment of the original legislation, motive was the third and final requirement to be satisfied before the intentional (and possibly even the negligent) commission of the various listed acts could officially constitute the offence of terrorism. This commentary sets out the detail of the three original elements of the offence of terrorism and ultimately exposes the major problem with the removal of the motive requirement, particularly if negligence is found to also be the envisaged form of fault. A solution which could help overcome the identified problem and sustain the removal of the motive requirement, is suggested in the commentary.
期刊介绍：
Accounts of Chemical Research presents short, concise and critical articles offering easy-to-read overviews of basic research and applications in all areas of chemistry and biochemistry. These short reviews focus on research from the author’s own laboratory and are designed to teach the reader about a research project. In addition, Accounts of Chemical Research publishes commentaries that give an informed opinion on a current research problem. Special Issues online are devoted to a single topic of unusual activity and significance.
Accounts of Chemical Research replaces the traditional article abstract with an article "Conspectus." These entries synopsize the research affording the reader a closer look at the content and significance of an article. Through this provision of a more detailed description of the article contents, the Conspectus enhances the article's discoverability by search engines and the exposure for the research.
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