Internal Security Act, 1982/1990-02-03
Act
To provide for the security of the State and the maintenance of law and order; and to provide for matters connected therewith.
(Afrikaans text signed by the State President.)
(Assented to 1 June 1982.)
Be it enacted by the State President and the House of Assembly of the Republic of South Africa, as follows:―
Arrangement of Sections
| Section | ||
| Definitions | 1 | |
| Chapter 1 | Director of Security Legislation | 2–3 |
| Chapter 2 | Measures in respect of Certain Organizations and Certain Publications | 4–17 |
| Chapter 3 | Measures in respect of Certain Persons | 18–34 |
| Chapter 4 | Board of Review and Inspectors of Detainees | 35–45 |
| Chapter 5 | Measures in connection with Certain Gatherings | 46–53 |
| Chapter 6 | Offences and Penalties | 54–63 |
| Chapter 7 | Procedure, Jurisdiction of Courts and Evidence | 64–69 |
| Chapter 8 | Supplementary Provisions | 70–74 |
1. In this Act, unless the context otherwise indicates—
Chapter 1
Director of Security Legislation
2. (1) The Minister of Justice shall, subject to the provisions of subsection (2), appoint an officer, to be known as the Director of Security Legislation, who shall, subject to the control and directions of the Minister, perform the functions assigned to the Director by this Act as well as such other functions as the Minister may assign to him from time to time.
(2) The Minister of Justice shall, subject to the laws governing the public service and with the concurrence of the Minister, appoint to the office of Director of Security Legislation a person holding a degree or diploma in law.
(3) The Minister of Justice may appoint, subject to the laws governing the public service and with the concurrence of the Minister, one or more Deputy Directors of Security Legislation or one or more Assistant Directors of Security Legislation or one or more such Deputy Directors and one or more such Assistant Directors, who shall respectively have the power to perform, subject to the control and directions of the Director, any of the functions of the Director.
(4) Whenever it becomes necessary to appoint an acting Director, the Minister may appoint a Deputy Director referred to in subsection (3) or, in the absence of such a Deputy Director, an Assistant Director referred to in that subsection to act as Director for the period for which such appointment is necessary.
3. The secretarial work incidental to the performance of the functions of the Director shall be performed by such persons in the service of the State as the Minister of Justice may with the concurrence of the Minister designate for that purpose.
Chapter 2
Measures in Respect of Certain Organizations and Certain Publications
4. (1) If the Minister is satisfied—
he may, subject to the provisions of sections 7 and 10, without notice to the organization in question, by notice in the Gazette declare that organization to be an unlawful organization.
(2) (a) The Minister may by notice in the Gazette declare that any body, organization, group or association of persons, institution, society or movement described in or known by a name specified in the notice and which in his opinion exists, or existed at any time after 7 April 1960—
and thereupon the said body, organization, group or association of persons, institution, society or movement shall in any criminal proceedings be deemed to exist or to have existed at all such times, as the case may be, and to be or to have been at all such times, as the case may be, the said unlawful organization.
(b) In any criminal proceedings any act or omission proved with reference to any body, organization, group or association of persons, institution, society or movement corresponding to the description or known by a name corresponding to the name of a body, organization, group or association of persons, institution, society or movement in respect of which a notice has been issued under this subsection, shall be deemed to have been proved with reference to the unlawful organization specified in the notice.
(c) Whenever in any notice under this subsection a date is specified in terms of paragraph (a) (ii), any person who at any time during the period between the date so specified and the date of publication of such notice was an office-bearer, officer or member of any body, organization, group or association of persons, institution, society or movement corresponding to the description or known by a name corresponding to the name of any body, organization, group or association of persons, institution, society or movement in respect of which the notice has been issued, shall, for the purposes of any criminal proceedings, be deemed to have become an office-bearer, officer or member of the unlawful organization specified in the notice, on the day immediately following upon the date so specified.
(3) Any notice issued under subsection (1) or (2) may be withdrawn by the Minister by like notices.
(4) The provisions of subsection (1) (a), (b) (ii) and (iii), (c) and (d) shall not apply in relation to an employers’ organization or trade union registered under the Labour Relations Act, 1956 (Act No. 28 of 1956) or to any employers’ organization or trade union whose registration under the said Act has been cancelled in terms of section 14 of that Act, until such organization or trade union or any office-bearer, officer or member thereof has had a reasonable opportunity of exhausting, in respect of such cancellation, the remedies provided in section 16 or 27 of the said Act.
(5) A notice under subsection (1) or (2) shall not be invalid or ineffective by reason of the fact that the organization in question was dissolved before the coming into operation of the notice.
5. (1) lf the Minister is satistied that any periodical or other publication—
he may, subject to the provisions of sections 7 and 10 and without notice to any person concerned, by notice in the Gazette prohibit, or prohibit for a period specified in the notice, the printing, publication or dissemination of such periodical publication, or a particular edition or particular editions thereof, or the dissemination of such other publication.
(2) Any notice issued under subsection (1) may be withdrawn by the Minister by like notice.
6. (1) If the Minister has reason to suspect—
he may in writing under his hand designate any person as an authorized officer to investigate the activities, purposes or identity of that organization or the manner in which it is controlled, or the circumstances connected with that periodical or other publication, as the case may be.
(2) If directed by the Minister to do so in any case referred to in subsection (1) (a), an authorized officer shall compile a list of persons who are or at any time before or after the commencement of this Act were office-bearers, officers, members or active supporters of the organization in question.
(3) An authorized officer may, for the purposes of the performance of his functions in terms of subsection (1) or (2)—
(4) Every occupier of premises entered upon under subsection (3) shall at all times furnish such facilities as are required by the authorized officer for the purpose of exercising his powers under the said subsection.
(5) Any person being questioned under subsection (3) (f) or (g) shall be entitled to all the privileges to which a person giving evidence before a provincial division of the Supreme Court of South Africa is entitled.
(6) The Minister may appoint a person as an assistant or two or more persons as assistants to an authorized officer to discharge duties and exercise powers, subject to the control and directions of such authorized officer, imposed or conferred upon an authorized officer by or under this section.
7. (1) The Minister shall not exercise. in respect of any organization, the powers conferred upon him by section 4 (1) or, in respect of any periodical or other publication, the powers conferred upon him by section 5 (1) unless he has considered a factual report and recommendation made to him in terms of the provisions of this section regarding the organization or periodical or other publication in question by a committee (hereinafter referred to as an advisory committee).
(2) The members of an advisory committee shall be appointed by the State President on the recommendation of the Minister of Justice and shall consist of—
(3) An advisory committee appointed under subsection (2) shall inquire into all matters relating to the organization in question or the periodical or other publication in question, as the case may be, which, in the opinion of the advisory committee, are relevant for the purposes of a decision as to whether or not the Minister ought to exercise his powers referred to in subsection (1) in respect of the organization in question or the periodical or other publication in question, as the case may be, and shall after completion of its inquiry—
(4) At an inquiry in terms of subsection (3) an advisory committee shall consider all facts and representations submitted to it in writing and may in its discretion also hear oral evidence from any person.
(5) (a) Unless an advisory committee is of the opinion that it would not be in the public interest to do so, the chairman of that advisory committee shall—
(b) If no address of an organization and no address of any office-bearer or officer thereof is known to the advisory committee in question, or if the identity or address of neither the proprietor nor the publisher or responsible editor of a periodical or other publication is known to such advisory committee, the chairman thereof may cause a notice as contemplated in subparagraph (i) or (ii), whichever is applicable, of paragraph (a), to be published in the Gazette, and such publication in the Gazette shall be deemed to constitute notification in terms of paragraph (a) and the date of publication shall be deemed, for the purposes of paragraph (a), to be the date of the notice.
(6) A member of an advisory committee who is not a judge referred to in subsection (2) (a) and who is not subject to the provisions of the Public Service Act, 1957 (Act No. 54 of 1957), shall be paid such remuneration. including reimbursement for transport, travelling and subsistence expenses incurred by him in the performance of his functions as such a member, as the Minister of Justice may with the concurrence of the Minister of Finance from time to time determine.
(7) If at any stage during an inquiry in terms of subsection (3) any member of the advisory committee in question dies or vacates his office for any other reason, the State President shall, subject to the provisions of subsection (2), appoint another person in his place, and the said inquiry shall thereupon be continued by the advisory committee as so constituted.
8. (1) The decision of two of its members shall constitute a decision of an advisory committee.
(2) The procedure to be followed by an advisory committee at an inquiry referred to in section 7 (3), and the place where the inquiry is to be held, shall be determined by the chairman of that advisory committee at his discretion with due regard to the circumstances of the case.
(3) For the purposes of an inquiry referred to in subsection (2), an advisory committee may direct any person to appear before it to—
which, in the opinion of that advisory committee, has a bearing on the matter being inquired into by the advisory committee, and the advisory committee and the Director or a person authorized thereto by the Director may examine such person or any other person appearing as a witness before the advisory committee.
(4) Such direction shall be by way of a subpoena signed by the chairman of the advisory committee in question and served on the person subpoenaed either by a registered letter sent through the post or by delivery by a person authorized thereto by the advisory committee.
(5) Whenever an advisory committee considers it necessary to do so, it may require any person appearing as a witness before it in terms of subsection (3) to give evidence on oath or after having made an affirmation, and such person shall enjoy the same privilege as a witness testifying in a criminal proceeding before a division of the Supreme Court of South Africa.
(6) The chairman of the advisory committee in question may administer an oath to, or accept an affirmation from, any such person.
(7) No person appearing as a witness before an advisory committee in terms of this section or section 7 shall be entitled to be assisted at such appearance by a legal representative, but any person desiring to submit facts or representations in writing to the advisory committee in terms of the provisions of section 7, shall be entitled to the assistance of a legal representative in the preparation of the relevant documents.
(8) No person shall attend the proceedings of an advisory committee, except—
(9) An advisory committee’s deliberations and recommendations shall not be disclosed, except to a person whose duty it is to deal with the subject matter of the disclosure.
(10) No person, other than a person in the service of the State while performing his official functions or a person charged with the secretarial work incidental to the performance of its functions by an advisory committee, while such secretarial work is being performed by such person, shall have the right to inspect any record of proceedings of that advisory committee.
(11) No court of law shall have jurisdiction to pronounce upon the functions or recommendations of an advisory committee.
(12) Any person who refuses or fails to comply with a direction in terms of subsection (3) or who refuses to answer any question put to him under that subsection or gives to such question an answer which to his knowledge is false, or who refuses to take the oath or to make an affirmation at the request of the advisory committee in question in terms of subsection (5), or who in contravention of the provisions of subsection (9) discloses an advisory committee’s deliberations or recommendations, or who insults, disparages or belittles an advisory committee or a member of an advisory committee in his capacity as such a member, or who anticipates the proceedings at an inquiry by an advisory committee in terms of section 7 (3) or the findings or recommendations of an advisory committee in a manner calculated to influence it, shall be guilty of an offence and liable on conviction to a fine not exceeding five hundred rand or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
9. The secretarial work incidental to the performance by an advisory committee of its functions shall, subject to the directions of the chairman of the advisory committee, be performed by persons in the service of the State designated for that purpose by the Minister of Justice.
10. (1) If, after consideration of the relevant factual report and recommendation with which he has in terms of section 7 (3) been furnished by an advisory committee, as well as of any other relevant information, the Minister is satished that a particular organization is one which ought to be declared an unlawful organization in terms of section 4 (1), or that the printing, publication or dissemination of a particular periodical or other publication ought to be prohibited in temis of section 5 (1), as the case may be, the Minister may in accordance with the provisions of section 4 (1) declare that organization to be an unlawful organization or in accordance with the provisions of section 5 (1) prohibit the printing, publication or dissemination of that periodical or other publication, as the case may be.
(2) In making a decision for the purposes of the exercise of his powers in terms of subsection (1), the Minister need not give effect to any relevant recommendation of an advisory committee.
(3) Whenever an organization is in terms of the provisions of section 4 (1) read with subsection (1) of this section declared by the Minister to be an unlawful organization or the printing, publication or dissemination of a periodical or other publication is prohibited by the Minister in terms of the provisions of section 5 (1) read with the said subsection—
as the case may be, may in writing request the Minister to furnish him with the reasons for the Minister’s action, and if such request is received by the Minister within a period of fourteen days after the date of the publication in the Gazette of the notice declaring the organization in question to be an unlawful organization or prohibiting the printing, publication or dissemination of the periodical or other publication in question, as the case may be, the Minister shall furnish the office-bearer or publisher concerned, as the case may be, with a written statement setting forth his reasons for the notice and so much of the information which induced the Minister to issue the notice as can, in his opinion, be disclosed without detriment to the public interest.
(4) If-
11. (1) Subject to the provisions of section 12 (3), an office-bearer, referred to in section 10 (3) (a), of any organization which has been declared an unlawful organization by the Minister in terms of the provisions of section 4 (1) read with section 10 (1), or the publisher of any periodical or other publication the printing, publication or dissemination of which has been prohibited by the Minister in terms of the provisions of section 5 (1) read with section 10 (1), as the case may be, may, within the applicable period prescribed in subsection (2), lodge with the Minister a written petition containing—
(2) A written petition referred to in subsection (1) shall be lodged with the Minister before the expiration of a period of fourteen days after the date of publication in the Gazette of the notice declaring the organization in question to be an unlawful organization or prohibiting the printing, publication or dissemination of the periodical or other publication in question, as the case may be, or, in the case where reasons and information have in terms of the provisions of section 10 (3) been furnished by the Minister, before the expiration of a period of fourteen days after the date of the written statement in which the Minister furnished such reasons and information.
(3) Subject to the provisions of section 12 (3) the Minister shall, on receipt, within the applicable period prescribed by subsection (2), of a petition referred to in subsection (l), as soon as possible submit to the Chief Justice of South Africa—
for the purposes of the review in terms of subsection (4) of the Minister’s action in respect of the organization or publication in question.
(4) The Chief Justice or such other judge of the appellate division of the Supreme Court of South Africa as the Chief Justice may designate for the purpose, shall consider the contents of all documents and all information submitted to the Chief Justice in terms of subsection (3) and may, if after such consideration he is satisfied that the Minister has in the matter in question—
set aside the steps taken by the Minister in respect of the organization or periodical or other publication in question, as the case may be, whereupon the notice whereby those steps were taken shall by like notice be withdrawn by the Minister.
(5) If after consideration of the documents and information in question the Chief Justice or the judge of appeal referred to in subsection (4), as the case may be, is not satisfied as contemplated in that subsection, he shall endorse on the written statement referred to in subsection (3) (b) his certificate to the effect that no grounds exist for the setting aside of the relevant steps taken by the Minister.
(6) No court of law shall have jurisdiction to pronounce upon any finding in terms of subsection (4) or (5) of the Chief Justice or of the judge of appeal referred to in subsection (4).
(7) If the Chief Justice or a judge of appeal has under subsection (4) set aside any steps taken by the Minister, he shall furnish the Minister with the reasons for setting aside such steps.
12. (1) No proceedings shall after the expiration of a period of fourteen days from the date of a notice issued by the Minister in terms of section 4 (1) or 5 (1) be instituted in any court for an order declaring that notice invalid, and no court shall after the expiration of a period of twelve months from the date of any such notice have jurisdiction to pronounce upon the validity thereof: Provided that if the court concerned is satisfied that the fact that such proceedings have at the expiration of the said period of twelve months not yet been concluded, is not due to the fault of the party who instituted the proceedings, the court may extend that period by such further period as the court may deem fit.
(2) No court shall have jurisdiction to—
(3) The provisions of section 11 shall not apply in respect of steps taken by the Minister in terms of section 4 (1) in respect of an organization or in terms of section 5 (1) in respect of a periodical or other publication, if proceedings as contemplated in subsection (1) have been instituted in connection with the notice whereby those steps were taken by the Minister, and if such proceedings are instituted at a time when steps have by virtue of the provisions of section 11 already been taken in relation to the case in question, all steps so taken shall lapse.
13. (1) As from the date upon which an organization becomes an unlawful organization by virtue of a notice under section 4 (1) or (2) or, for the purposes of paragraph (a) of the definition of “unlawful organization”, as from the date of commencement of this Act—
(2) The designation of a liquidator in terms of subsection (1) (b) shall not be invalid or ineffective by reason of the fact that the unlawful organization in question was dissolved before the designation or before the date upon which it becomes an unlawful organization by virtue of a notice under section 4 (1) or (2), or by reason of the fact that it has no assets.
(3) The liquidator shall be appointed on such conditions, and may be paid out of the assets of the unlawful organization such remuneration for his services, as the Minister of Justice may determine.
(4) Notwithstanding anything to the contrary contained in any instrument, rule or agreement governing the relations between the unlawful organization and its office-bearers, officers or members, any such office-bearer, officer or member may by resignation terminate his relationship with the unlawful organization as from the date of the resignation.
14. (1) The liquidator shall forthwith take possession of all the property vested in him under section 13 (1) (b), and shall satisfy himself as to whether the assets are adequate to pay the debts of the unlawful organization.
(2) If the assets are adequate to pay the debts, the liquidator shall after the expiration of a period of not less than six months from the date upon which the organization became an unlawful organization, but, where applicable, not before the endorsement, in relation to the declaration of the organization to be unlawful, of a certificate in terms of the provisions of section ll (5), take all steps (including the institution of legal proceedings) necessary to liquidate them and to pay out of the proceeds the debts which have been proved to his satisfaction.
(3) Any balance remaining after the debts have been paid shall be paid into the State Revenue Fund.
(4) If the assets are inadequate to pay thc debts of the unlawful organization, the liquidator shall liquidate and distribute the assets as if he were a trustee or a liquidator, as the case may be, administering and distributing the assets of an insolvent estate or company.
(5) For the purposes of such liquidation and distribution, the date upon which the organization became an unlawful organization by virtue of a notice under section 4 (1) or (2) shall be regarded as the date of sequestration or winding-up, as the case may be.
(6) Any matter relating to such liquidation and distribution upon which a creditor would have been entitled to vote if the estate of the unlawful organization had been sequestrated or wound up, shall be determined by a majority of votes reckoned according to the number and value of claims proved to the satisfaction of the liquidator.
(7) The account of a liquidator liquidating and distributing assets under subsection (4) shall be advertised by him and confirmed by the Master in like manner and with like effect as an account framed by a trustee or liquidator, as the case may be, in an insolvent estate is advertised and confirmed.
(8) Any property of the unlawful organization which is not liquidated under subsection (2) or (4) or which is found after the distribution of the assets or the payment of the debts of the unlawful organization in terms of this section, shall be disposed of in accordance with the direction of the Minister of Justice.
(9) The Minister of Justice may at any time by notice in the Gazette and subject to such modifications as he may deem fit, apply in respect of a particular case such provisions of the Companies Act, 1973 (Act No. 61 of 1973), or the Insolvency Act, 1936 (Act No. 24 of 1936), as are not inconsistent with this Act, as may be necessary in such case for the proper performance by the liquidator of his functions in terms of this section, and may in like manner amend or withdraw any such notice.
(10) If directed by the Minister to do so, the liquidator shall compile a list of persons who are or at any time before or after the commencement of this Act were office-bearers, officers, members or active supporters of the organization which has been declared an unlawful organization.
(11) The liquidator shall have the power to receive and retain any communication addressed to the unlawful organization or to any person in his capacity as an office-bearer or officer thereof, and the Postmaster-General shall, if requested to do so by the liquidator, cause all postal articles so addressed, to be delivered to the liquidator.
(12) The provisions of subsections (3) and (4) of section 6 shall, without derogating from the generality of the provisions of subsection (9) of this section, mutatis mutandis apply in respect of any investigation by the liquidator which he may consider necessary in connection with the performance of his functions in terms of subsection (1), (4) or (10): Provided that section 6 (3) (d) shall, when applied in terms of this subsection, be construed as referring also to any document which, in the opinion of the liquidator, may afford proof in regard to any right in or the whereabouts of any property or the existence or amount of any debt.
15. (1) No newspaper shall be registered under the Newspaper and Imprint Registration Act, 1971 (Act No. 63 of 1971)—
(2) Any amount deposited in terms of subsection (1) shall be regarded as a deposit for the purposes of the Public Debt Commissioners Act, 1969 (Act No. 2 of 1969): Provided that no interest earned on any such deposit shall be paid to the proprietor concerned except in accordance with the provisions of subsection (3).
(3) Subject to the provisions of subsection (4), interest earned on any amount so deposited shall be paid to the proprietor concerned at the expiration of each full period of five years from the date of deposit and whenever such amount is refunded to the depositor.
(4) If a prohibition is imposed under section 5 in respect of any newspaper, any amount deposited in respect of such newspaper, together with any interest not paid to the proprietor concerned, shall be forfeited to the State: Provided that the Minister may direct that such portion of such amount as he may determine shall be refunded to such proprietor.
(5) Unless the Minister of Internal Affairs with the concurrence of the Minister at any time otherwise directs, the registration of a newspaper under the Newspaper and Imprint Registration Act, 1971, shall lapse—
(6) The Minister of Internal Affairs shall refund to the depositor any amount deposited in respect of any newspaper—
16. The Director shall, subject to the provisions of subsections (2) and (3), draw up and keep up to date a list, hereinafter referred to as the consolidated list, of the names—
(2) (a) The Director shall enter in the consolidated list the name of every person whose name appeared, on the date immediately preceding the date of commencement of this Act, on a list in the custody of the officer referred to in section 8 of the Internal Security Act, 1950 (Act No. 44 of 1950), unless the Minister is of the opinion that any such name ought not to be so entered.
(b) If at the expiration of a period of five years after the date of commencement of this Act any name referred to in paragraph (a) has not in terms of the provisions of that paragraph been entered in the consolidated list, such name shall be deemed to have been removed from the list on which it appeared as contemplated in that paragraph.
(c) All restrictions, prohibitions or disqualifications contemplated in, or any other provisions of, the Internal Security Act, 1950, which on the date immediately preceding the date of commencement of this Act were in force in respect of any person by virtue of the fact that his name appeared on a list in the custody of the officer referred to in section 8 of the first-mentioned Act, shall remain so in force until his name is in terms of the provisions of paragraph (b) deemed to have been removed.
(3) (a) The name of a person shall not in terms of subsection (1) (a) be entered in the consolidated list or in any category mentioned in the consolidated list unless the Minister has afforded the person concerned a reasonable opportunity of showing that his name ought not to be so entered.
(b) Representations made to the Minister in terms of paragraph (a) may also relate to the fact, the onus of proving which shall rest with the person concemed, that the said person neither knew nor could reasonably have been expected to know that the activities, purposes, control or identity of the organization in question were of such a nature as might render that organization liable to be declared an unlawful organization under section 4 (1) or (2).
(c) The Director shall in writing notify every person whose name has by virtue of the provisions of subsection (1) (b) or (c) been entered in the consolidated list that his name has been so entered.
(4) The Minister may, on good cause shown, direct the Director to remove from the consolidated list the name of a person appearing thereon, and the Director shall upon receipt of such direction remove the name in question accordingly.
(5) The name of a person whose name appears on the consolidated list by virtue of the provisions of subsection (1) (a) shall be removed therefrom by the Director if the notice declaring the organization in question to be an unlawful organization is withdrawn in terms of any provision of this Act.
(6) The Director shall—
17. (1) In any prosecution in terms of this Act or in any civil proceedings arising from the application of the provisions of this Act it shall be presumed, unless the contrary is proved, that the name of any person appearing on the consolidated list has rightly been entered in the said list: Provided that in any such prosecution or civil proceedings instituted after the expiration of a period of twelve months as from the date upon which the name of the person concerned was entered in the consolidated list, no person shall question the correctness of the entering in the consolidated list of the name of the said person unless proceedings for the removal from the said list of the name of the said person have been instituted by him within the said period of twelve months and such proceedings have at the expiration of the said period not yet been concluded.
(2) No proceedings for the removal from the consolidated list of the name of any person appearing on the consolidated list shall be instituted in any court after the expiration of a period of twelve months as from the date upon which the name of such person has been entered in the list.
(3) Proceedings in any court for the removal of the name of any person from the consolidated list shall be instituted by way of action only.
Chapter 3
Measures in Respect of Certain Persons
18. (1) The Minister may by a written notice signed by him and addressed and delivered or tendered to the person concerned, require any person—
(2) The Minister shall not exercise the powers conferred upon him by subsection (1) (i) or (ii) in relation to any person who is an office-bearer or officer or a member of an employers’ organization or a trade union registered under the Labour Relations Act, 1956 (Act No, 28 of 1956), nor require any person in terms of subsection (1) (iii) not to become an office-bearer or officer or a member or not to take part in the activities of such employers’ organization or such trade union, except after consultation with the Minister of Manpower.
(3) Notwithstanding anything to the contrary contained in any instrument, rule or agreement governing the relations between any organization and any office-bearer, officer or member thereof who has under subsection (1) been required to resign, such office-bearer, officer or member may by resignation terminate his relationship with such organization as from the date of the resignation.
(4) Nothing in this section contained shall derogate from the provisions of section 66 (3) of the Republic of South Africa Constitution Act, 1961 (Act No. 32 of 1961), or section 10 (7) of the Supreme Court Act, 1959 (Act No. 59 of 1959).
19. (1) The Minister may by a written notice signed by him and addressed and delivered or tendered to the person concerned, prohibit any person—
subject to such exceptions as may be specified in the notice or as the Minister or, on the authority of the Minister, the Director, or a magistrate acting in pursuance of the general or special instructions of the Minister, may at any time authorize in writing, from being within or absenting himself from, during a period so specified, any place or area specified in the notice or, while the prohibition is in force, communicating with any person or category of persons specified in the notice or receiving any visitor or performing any act so specified: Provided that no such prohibition shall debar any person from communicating with or receiving as a visitor any advocate or attorney who manages his affairs and whose name does not appear on the consolidated list and in respect of whom no prohibition under this Act by way of a notice addressed and delivered or tendered to him is in force.
(2) The Minister may by a notice and in the manner contemplated in subsection (1) prohibit any person—
from being, during a period determined in the notice—
(3) While any notice issued under subsection (1) or (2) is in force, the period of the prohibition in question as determined in such notice may be extended by a notice signed by the Minister and addressed and delivered or tendered to the person concerned.
(4) Any person who has by notice under this section been prohibited from being within or absenting himself from any place or area may, if, at the time the notice is delivered or tendered to him or at any time thereafter, he is at or in or elsewhere than at or in that place or area, as the case may be, be arrested without warrant by any police officer and be removed from or to such place or area by that police officer or any other police officer and may pending his removal be detained in custody.
(5) Any person who has by notice under this section been prohibited from absenting himself from any place or area shall be deemed to have absented himself from such place or area if, at any time after the notice has been delivered or tendered to him, he is elsewhere than at such place or in such area.
20. The Minister may by a written notice signed by him and addressed and delivered or tendered to the person concerned prohibit any person—
from attending—
at any place or in any area during any period or on any day or during specified times or periods within any period, except in such cases as may be specified in the notice or as the Minister or, on the authority of the Minister, the Director, or a magistrate acting in pursuance of the general or special instructions of the Minister, may at any time authorize in writing.
21. The Minister may at any time by a written notice signed by him and addressed and delivered or tendered to any person whose name appears on the consolidated list or in respect of whom any prohibition under this Act by way of a notice addressed and delivered or tendered to him is in force, order such person to report, subject to such exceptions as the Minister or, on the authority of the Minister, the Director, or a magistrate acting in pursuance of the general or special instructions of the Minister, may at any time authorize in writing, to the officer in charge of such police station and at such times and during such period as may be specified in the notice in question.
22. (1) The Minister may by notice in the Gazette prohibit all persons—
from—
of any particular organization or any organization of a nature, class or kind specified in such notice, except with the written consent of the Minister or the Director acting under the authority of the Minister or a magistrate acting in pursuance of the general or special instructions of the Minister: Provided that the Minister shall not issue any such notice in relation to any employers’ organization or trade union registered under the Labour Relations Act, 1956 (Act No. 28 of 1956), except after consultation with the Minister of Manpower.
(2) Any notice issued under subsection (1) may at any time be withdrawn or amended by the Minister by like notice.
23. (1) If the Minister is satisfied that, in the Republic or elsewhere, any person who was resident in the Republic engages or has engaged in activities which endanger or are calculated to endanger the security of the State or the maintenance of law and order, or advocates, advises, defends or encourages, or has advocated, advised, defended or encouraged such activities or the achievement in the Republic of any of the objects of communism, the Minister may, without notice to any person concerned, by notice in the Gazette declare the provisions of section 56 (1) (p) applicable in respect of such first-mentioned person.
(2) Any notice issued under subsection (1) may at any time be withdrawn by the Minister by like notice.
24. Any notice issued by the Minister under section 18, 19, 20, 21 or 46 (3) may be withdrawn or amended by him by like notice, and the Minister may, in the case of a notice issued under section 19, in writing grant the person concerned permission to visit temporarily any place where he is not permitted to be in terms of such notice.
25. (1) A notice referred to in section 18, 19 or 20 shall be accompanied by a written statement by the Minister setting forth the reasons for such notice and so much of the information which induced the Minister to issue such notice as can, in the opinion of the Minister, be disclosed without detriment to the public interest.
(2) Any person to whom a notice under section 18, 19 or 20 has been delivered or tendered may at any time within a period of fourteen days as from the date of such delivery or tender make representations in writing to the Minister relating to the requirement or prohibition which by virtue of the notice became applicable in respect of him, and may within the said period in writing submit to the Minister any other information relating to the circumstances of his case.
26. Whenever any person to whom a notice under section 19 has been delivered or tendered is necessarily put to any expense in order to comply with such notice, the Minister may, on the recommendation of the Director, in his discretion cause such expense or any part thereof to be defrayed out of State moneys and may, further, in his discretion, cause to be paid out of State moneys to such person a reasonable subsistence allowance during any period while such notice applies to him.
27. (1) If the Minister is satisfied that in the carrying out of any of the provisions of this Act reasonable but unsuccessful attempts have been made to serve, deliver or tender any order, notice or document on or to any person, and that a copy of such order, notice or document has been affixed to the main entrance of the last-known place of residence of such person, he may cause such order, notice or document to be published in the Gazette, whereupon it shall be deemed to have been served, delivered or tendered on or to such person on the date of publication,
(2) The Minister may cause particulars of any notice addressed to any person under section 20 to be published in the Gazette.
(3) The Minister shall from time to time but at intervals not exceeding twelve months cause to be published in the Gazette lists containing the names of—
respectively.
28. (1) Notwithstanding anything to the contrary in any law or the common law contained, the Minister may—
by a written notice signed by him and addressed to a member of the Prisons Service, as defined in section 1 of the Prisons Act, 1959 (Act No. 8 of 1959), who is in charge of a prison referred to in section 20 (1) (a) of the said Act, direct that the said person be detained in that prison.
(2) A notice referred to in subsection (1) shall be deemed to be a warrant referred to in section 27 (2) (e) of the Prisons Act, 1959, and the person to whom the notice relates shall be detained, in accordance with the provisions of regulations made by the Minister of Justice, in the prison in question for the period during which the notice is in force.
(3) (a) A copy of the notice referred to in subsection (1), signed by the Minister or certified by any officer acting under his authority to be a true copy, shall be delivered or tendered by a police officer to the person concerned and shall serve as a warrant for his arrest and removal to the prison in question (if he is not already in detention in the said prison) by that police officer.
(b) A copy referred to in paragraph (a) shall be accompanied by a written statement by the Minister setting forth the reasons for the detention of the person concerned and so much of the information which induced the Minister to issue the notice in question as can, in the opinion of the Minister, be disclosed without detriment to the public interest.
(4) Any police officer who has received information that a notice referred to in subsection (1) has been issued in respect of any person may without warrant arrest such person and keep him in custody for a period not exceeding seven days for the purposes of handing him over to the police officer referred to in subsection (3) (a).
(5) A telegram purporting to be from the Minister or any officer acting under his authority, stating that a notice has under subsection (1) been issued in respect of a particular person shall have the effect of such notice: Provided that if any such telegram is used in lieu of the notice in question, the Minister or the said officer shall as soon as possible forward the notice to the person referred to in subsection (1) who is in charge of the prison where the person to whom the notice applies is to be detained under such notice.
(6) Any person being detained in a prison by virtue of a notice referred to in subsection (1) may, if the Minister so directs in writing, be removed in custody from that prison and detained in any other prison referred to in section 20 (1) (a) of the Prisons Act, 1959, until such time as he is in terms of subsection (2) required to be released from detention.
(7) No court of law shall have jurisdiction to pronounce upon the validity of any regulation made under subsection (2).
(8) No person, other than the Minister, the Director, a judge of the Supreme Court of South Africa, a chairman of a board of review or any other person acting by virtue of his office in the service of the State—
Provided that the provisions of this subsection relating to access to the person concerned shall not apply in respect of a legal representative assisting such person in the preparation of written documents referred to in subsection (9), provided such legal representative’s name does not appear on the consolidated list and no prohibition under this Act by way of a notice addressed and delivered or tendered to him is in force in respect of the said legal representative.
(9) Any person detained by virtue of the provisions of subsection (2) may at any time within a period of fourteen days as from the date upon which the copy of the notice in question, referred to in subsection (3), was delivered or tendered to him, make representations in writing to the Minister relating to his detention or release, and may within the said period in writing submit to the Minister any other information relating to the circumstances of his case.
(10) The Minister may at any time in writing withdraw a notice referred to in subsection (1).
(11) The Minister may in his discretion cause to be paid out of State moneys to any person detained by virtue of the provisions of subsection (2) an allowance in accordance with such scales as the Minister of Justice may with the concurrence of the Minister of Finance determine.
29. (1) Notwithstanding anything to the contrary in any law or the common law contained but subject to the provisions of subsection (3), any commissioned officer as defined in section 1 of the Police Act, 1958 (Act No. 7 of 1958), of or above the rank of lieutenant-colonel may, if he has reason to believe that any person who happens to be at any place in the Republic—
without warrant arrest such person or cause him to be arrested and detain such person or cause him to be detained for interrogation in accordance with such directions as the Commissioner may, subject to the directions of the Minister, from time to time issue, until—
whichever takes place first.
(2) (a) The commissioned officer referred to in subsection (1) shall as soon as possible after an arrest in terms of that subsection notify the Commissioner thereof, and the Commissioner shall as soon as possible after having been so notified advise the Minister of the name of the person so arrested and the place where he is being detained and shall—
(b) At proceeding for the hearing of reasons adduced before it in terms of paragraph (a) (ii). the board of review shall consider such written representations, if any, as the person whose further detention in terms of this section is in issue, wishes to submit in connection with the matter, and may in its discretion also hear oral evidence or representations from that person.
(c) At the conclusion of the proceedings referred to in paragraph (b), the board of review shall submit to the Minister a written report relating to the proceedings and its findings.
(d) The provisions of section 8 (8) shall mutatis mutandis apply in respect of the proceedings, referred to in paragraph (b), of the board of review.
(3) (a) Notwithstanding the provisions of subsection (1) no person shall be detained in terms of the provisions of that subsection for a period exceeding thirty days as from the date of his arrest, except under a written authority for his further detention granted by the Minister.
(b) The Minister shall not grant any authority referred to in paragraph (a) unless he is satisfied, on the ground of a written application which is signed by the Commissioner and in which full reasons are given as to why the person concerned should not be released, that the further detention of the person concerned is necessary for the purposes of the interrogation in question.
(c) Any person in respect of whom an application has been made in terms of paragraph (b) may, pending the result of such application, be detained as if the application had been granted.
(4) Any person detained in terms of the provisions of this section may at any time make representations in writing to the Minister relating to his detention or release.
(5) The Minister may at any time order the release of any person detained in terms of the provisions of this section.
(6) No court of law shall have jurisdiction to pronounce upon the validity of any action taken in terms of this section, or to order the release of any person detained in terms of the provisions of this section.
(7) No person other than the Minister or a person acting by virtue of his office in the service of the State—
(8) The provisions of section 335 of the Criminal Procedure Act, 1977 (Act No. 51 of 1907), shall not apply in respect of any statement by any person detained in terms of the provisions of this section, made during such detention: Provided that if in the course of any subsequent criminal proceedings relating to the matter in connection with which the said person made that statement, any part of such statement is put to him by the prosecutor, any person in possession of the statement shall at the request of such first-mentioned person furnish him with a copy of the said statement.
(9) Any person detained in terms of the provisions of this section shall, in addition to any visits under this Act by an Inspector of Detainees, be not less than once a fortnight—
30. (1) Whenever any person has been arrested on a charge of having committed any offence referred to in Schedule 3, the attorney-general may, if he considers it necessary in the interests of the security of the State or the maintenance of law and order, issue an order that such person shall not be released on bail or on warning as contemplated in the Criminal Procedure Act, 1977 (Act No. 51 of 1977).
(2) (a) Notwithstanding the provisions of any other law, but subject to the provisions of subsection (3), no person shall be released on bail or on warning contrary to the provisions of an order issued under subsection (1).
(b) Whenever any person arrested for an offence referred to in subsection (1) applies to be released on bail or on warning and the public prosecutor informs the judge, court or magistrate to whom or to which the application is made that the matter has been referred to the attorney-general concerned with a view to the issue of an order under subsection (1), such person shall, pending the decision of the attorney-general, not be released on bail or on warning: Provided that if no such order is issued within the period of fourteen days immediately following upon the date on which such judge, court or magistrate is so informed, such person may again apply to be released on bail or on warning and may, subject to the provisions of any law. be so released.
(3) The attorney-general may at any time before its expiration withdraw any order issued under subsection (1).
(4) Any telegraphic copy purporting to be a copy of an order under subsection (1) transmitted by telegraph shall for all purposes be prima facie proof of the facts set forth in such copy.
31. (1) Whenever in the opinion of the attorney-general there is any danger that any person likely to give material evidence for the State in any criminal proceedings in connection with facts which may serve as a basis for a charge relating to an offence referred to in Schedule 3, may be tampered with or intimidated or that any such person may abscond, or whenever he deems it to be in the interests of such person or of the administration of justice, he may issue a warrant for the arrest and detention of such person.
(2) Notwithstanding the provisions of any other law, any person arrested by virtue of a warrant under subsection (1) shall, as soon as possible, be taken to the place specified in the warrant and detained there or at any other place determined by the attorney-general from time to time, in accordance with regulations made by the Minister of Justice.
(3) Any person arrested and detained under a warrant referred to in subsection (1) shall be detained for the period terminating on the day on which the criminal proceedings in question are concluded, unless—
(4) No person, other than a person acting by virtue of his office in the service of the State. shall have access to any person detained under subsection (1), except with the consent of and subject to such conditions as may be determined by the attorney-general or an officer in the service of the State delegated thereto by him.
(5) Any person detained under subsection (1) shall not less than once a fortnight be visited—
(6) For the purposes of section 191 of the Criminal Procedure Act, 1977, any person detained under subsection (1) shall be deemed to have attended the criminal proceedings in question as a witness for the State during the whole of the period of his detention.
(7) No court shall have jurisdiction to order the release from custody of any person detained under subsection (1) or to pronounce upon the validity of any regulation made under subsection (2) or the refusal of the consent required in terms of subsection (4) or upon any condition referred to in subsection (4).
32. The State President may from time to time by proclamation in the Gazette remove from or add to Schedule 3 any offence specified in the proclamation.
33. (1) If a committee of the House of Assembly reports to the House of Assembly in connection with any member of the House of Assembly or of a provincial council—
the Minister may, if the said report is approved by the House of Assembly and the House of Assembly does not recommend that no action be taken, notify that member and also the Speaker of the House of Assembly or the Chairman of the provincial council concerned, as the case may be, in writing that the said member shall as from a date specified in the notice cease to be such a member, and as from such date he shall for all purposes be deemed to be incapable of sitting as such a member in terms of section 55 of the Republic of South Africa Constitution Act, 1961 (Act No. 32 of 1961), or in terms of the said section as applied to members of the provincial councils by section 70 of the said Act. as the case may he, and his seat shall become vacant
(2) No person in respect of whom a notice has been issued in terms of subsection (1) and no person whose name appears on the consolidated list or who has been convicted of an offence in terms of section 54, 55 or 56, shall be capable of being elected and, if he is elected, of sitting as a member of the House of Assembly or of a provincial council unless he obtained, prior to his election, the written approval of the Minister or the leave of the House of Assembly.
(3) If any person who in terms of subsection (2) is incapable of being elected, is elected as such a member, the Minister shall in writing notify that member and also the Speaker of the House of Assembly or the Chairman of the provincial council concerned, as the case may be, that the said member was in terms of subsection (2) incapable of being elected as such a member, and his seat shall thereupon be deemed vacant.
34. (1) Notwithstanding anything to the contrary in any law contained—
(2) Notwithstanding the provisions of subsection (1) (a), the court may admit any person convicted of an offence referred to in that subsection if he produces a certificate signed by the Minister of Justice to the effect that despite such conviction the said Minister has no objection to the admission of such person.
Chapter 4
Board of Review and Inspectors of Detainees
35. (1) The State President shall for the purposes of this Act establish a board and may, if he deems it expedient, establish two or more such boards.
(2) A board established under subsection (1) shall be known as a board of review.
(3) A board of review shall consist of three members, who shall be appointed by the State President on the recommendation of the Minister of Justice and of whom—
(4) The State President may for good cause withdraw the appointment of a member of a board of review and may, subject to the provisions of subsection (3), appoint another person in his place,
(5) If at any stage during the investigation and consideration of a matter by a board of review in terms of section 38 (3) any member of that board of review dies or vacates his office for any other reason, the State President shall, subject to the provisions of subsection (3), appoint another person in his place, and the investigation and consideration of the matter in question shall thereupon be continued by the board of review as so constituted.
36. (1) A member of a board of review shall be appointed for such period as the State President may determine at the time of the appointment.
(2) A person whose term of office as a member of a board of review has expired shall be eligible for reappointment.
(3) (a) The regulations made under the provisions of section 2 (b) of the Judges’ Remuneration Act, 1978 (Act No. 91 of 1978), or which are in terms of the provisions of section 4 (2) of the said Act deemed to have been made under the first-mentioned provisions, shall mutatis mutandis apply to that member of a board of review who is a judge of the Supreme Court of South Africa.
(b) A member of a board of review who is not such a judge and who is not subject to the provisions of the Public Service Act, 1957 (Act No. 54 of 1957), shall be paid such remuneration, including reimbursement for transport, travelling and subsistence expenses incurred by him in the performance of his functions under this Act, as the Minister of Justice may with the concurrence of the Minister of Finance from time to time determine.
37. The decision of two of its members shall constitute a decision of a board of review.
38. (1) Subject to the provisions of section 42 (3) the Minister shall, whenever he has in terms of the provisions of section 18 (1), 19 (1) or (20), 20 or 28 (1) taken steps in respect of a particular person, submit the matter in the manner prescribed in this section to a board of review for investigation and consideration.
(2) The Minister shall as soon as possible after the expiration of the period of fourteen days referred to in section 25 (2) or 28 (9), whichever is applicable, cause to be submitted to the board of review—
(3) After having received the documents and information referred to in subsection (2), the board of review shall investigate and consider the matter and may for that purpose, subject to the provisions of subsection (4), in its discretion also hear oral evidence or representations from any person.
(4) If the person in respect of whom the steps were taken which form the subject of the matter being investigated by the board of review, in writing applies therefor to the board of review, the board of review shall afford that person an opportunity of giving oral evidence before it, unless the chairman of the board of review is of the opinion that it would not be in the public interest so to hear such person.
(5) After having investigated and considered a matter as contemplated in subsection (3) the board of review shall, subject to the provisions of subsection (6), furnish the Minister with a written report on its findings in relation to the matter.
(6) The board of review shall in a report referred to in subsection (5)—
(7) The Minister shall as soon as possible after receipt of the report referred to in subsection (5) notify the person concerned of the findings and the recommendation, if any, of the board of review.
39. (1) The provisions of section 8 (2) to (12), inclusive, shall mutatis mutandis apply in respect of a board of review.
(2) For the purposes of subsection (1) any reference in the said provisions of section 8 to—
40. The secretarial work incidental to the performance by a board of review of its functions shall, subject to the directions of the chairman of the board of review, be performed by persons in the service of the State designated for that purpose by the Minister of Justice.
41. (1) The Minister need not give effect to any recommendation made to him by a board of review in terms of section 38 (6) (b), but if the Minister’s refusal to give effect to such recommendation has the effect that stricter measures than those recommended by the board of review remain in force in respect of the person concerned, the Minister shall within fourteen days after such refusal submit—
and which relate to the matter in question, to the Chief Justice of South Africa for the purposes of the review, in terms of subsection (2), of the Minister’s action in respect of the person concerned,
(2) The Chief Justice or such other judge of the appellate division of the Supreme Court of South Africa as may be designated for that purpose by the Chief Justice shall consider the contents of all documents submitted to the Chief Justice in terms of subsection (1) and may, if after such consideration he is satisfied that in the matter in question the Minister—
set aside the steps taken by the Minister in respect of the person concerned, whereupon the notice whereby those steps were taken shall by like notice be withdrawn by the Minister.
(3) If the Chief Justice or the judge of appeal referred to in subsection (2), as the case may be, is after consideration of the documents in question not satisfied as contemplated in that subsection, he shall endorse on the written statement referred to in section 38 (2) (b) which has been submitted to the Chief Justice in terms of subsection (1) (a) of this section, his certificate to the effect that no grounds exist for the setting aside of the relevant steps taken by the Minister.
(4) No court of law shall have jurisdiction to pronounce upon any finding in terms of subsection (2) or (3) of the Chief Justice or of the judge of appeal referred to in subsection (2).
(5) If the Chief Justice or a judge of appeal has under subsection (2) set aside any steps taken by the Minister, he shall furnish the Minister with the reasons for setting aside such steps.
42. (1) No proceedings shall after the expiration of a period of fourteen days as from the date upon which a notice was in terms of section 18 (1), 19 (1) or (2), 20 or 28 (3) (a) delivered or tendered to the person concerned, be instituted in any court for an order declaring that notice invalid, and no court shall after the expiration of a period of twelve months as from that date have jurisdiction to pronounce in such proceedings upon the validity of that notice: Provided that if the court concerned is satisfied that the fact that such proceedings have at the expiration of the said period of twelve months not yet been concluded, is not due to the fault of the party who instituted the proceedings, the court may extend that period by such further period as the court may deem fit.
(2) No court shall have jurisdiction to make an order whereby, pending the outcome of any proceedings referred to in subsection (1), the operation of any notice which has in terms of section 18 (1), 19 (1) or (2), 20 or 28 (3) (b) been delivered or tendered to the person concerned, is suspended or in any other manner postponed.
(3) The provisions of section 38 shall not apply in respect of steps taken by the Minister in terms of section 18 (1), 19 (1) or (2), 20 or 28 (1) in respect of any person, if proceedings as contemplated in subsection (1) have been instituted in connection with the notice whereby those steps were taken by the Minister, and if such proceedings are instituted at a time when steps have by virtue of the provisions of section 38 already been taken in relation to the case in question, all steps so taken shall lapse.
43. (1) Any person who—
may after the expiration of a period of—
as from the date upon which that person was in terms of the provisions of section 38 (7) notified of the outcome of the investigation by a board of review in respect of his case, and thereafter at intervals of not less than twelve months, in the case of a person referred to in paragraph (a), or six months, in the case of a person referred to in paragraph (b), as from the date upon which such person was notified of the outcome of an investigation in terms of this section, request the Minister in writing to submit his case to the board of review concerned for investigation and consideration and may in such request specify any change in the circumstances or of the facts pertaining to his case which has occurred since the initial investigation referred to in this subsection, and which in his opinion may serve as justification for the amendment of the provisions of, or the withdrawal of, the notice in terms of which the said restrictions are applicable to him or he is in detention.
(2) As soon as possible after receipt of a request referred to in subsection (1), the Minister shall submit such request together with his report on the matter to the board of review concerned for investigation and consideration.
(3) The provisions of section 38 (3) to (7), inclusive, shall mutatis mutandis apply in respect of the investigation and consideration by the board of review of any matter submitted to it in terms of subsection (2), and to the furnishing of the Minister with a report after the conclusion of such investigation.
(4) The Minister need not give effect to any recommendation made to him by a board of review by virtue of the provisions of subsection (3), but if the Minister’s refusal to give effect to such recommendation has the effect that stricter measures than those recommended by the board of review remain in force in respect of the person concerned, the Minister shall within fourteen days after such refusal submit a copy of—
to the Chief Justice of South Africa for the purposes of the review of the Minister’s action in respect of the person concerned, and the provisions of section 41 (2), to (4), inclusive, shall mutatis mutandis apply in respect of such review.
(5) The case of a person referred to in subsection (1) (a) or (b) of this section in respect of whom an investigation in terms of section 38 was excluded by virtue of the provisions of section 42 (3) may, notwithstanding the provisions of the said section 42 (3), be submitted, in the circumstances referred to in and in accordance with the provisions of this section, for investigation and consideration by a board of review, and the reference in subsection (1) to the date upon which a person was in terms of the provisions of section 38 (7) notified of the outcome of the investigation by a board of review in respect of his case shall, for the purposes of this subsection, be construed as a reference to the date upon which judgment was given by the court concerned in a relevant proceeding referred to in section 42 (3).
(6) Notwithstanding anything to the contrary contained in this Act the Minister may at any time of his own accord submit, mutatis mutandis in accordance with the provisions of section 38, the case of any person referred to in subsection (1) (a) or (b) to a board of review for the investigation and consideration thereof, and the making of a recommendation in connection therewith to the Minister, by the board of review.
44. (1) The Minister of Justice may appoint so many persons as he may deem necessary as Inspectors of Detainees and may from time to time appoint a person as an acting Inspector of Detainees to perform the functions of a particular Inspector of Detainees whenever such Inspector of Detainees is for any reason unable to perform his functions.
(2) Every Inspector of Detainees shall be so appointed to perform in respect of a particular part of the Republic the functions prescribed by section 45.
(3) An Inspector of Detainees shall hold office on such conditions, including conditions pertaining to remuneration and allowances, as the Minister of Justice may with concurrence of the Minister of Finance from time to time determine.
45. (1) An Inspector of Detainees shall as frequently as possible visit every person who is under the provisions of section 29 being detained within the area in respect of which such inspector has been appointed as such, so as to satisfy himself as to the well-being of that person.
(2) A visit referred to in subsection (1) shall take place in private: Provided that if the Inspector of Detainees deems it necessary for the purposes of an interview with any person visited by him in terms of that subsection, an interpreter may be present.
(3) An Inspector of Detainees shall in writing report any matter in connection with the circumstances of a person referred to in subsection (1) which in the opinion of the said inspector needs to be rectified, to the person in charge of the place where such first-mentioned person is being detained and shall furnish the Minister as well as the Commissioner with a copy of such report.
(4) An Inspector of Detainees shall after each visit referred to in subsection (1), fully and in writing report to the Minister regarding his findings during that visit and regarding steps, if any, taken by him in terms of subsection (3), and may in such report make such recommendations as he may deem necessary.
(5) Whenever an Inspector of Detainees is of the opinion, on the ground of his findings during any visit referred to in subsection (1), that an offence may have been committed in respect of a person referred to in subsection (1) during such person’s detention, he shall furnish the attorney-general concerned with a copy of the report referred to in subsection (4).
Chapter 5
Measures in Connection with Certain Gatherings
46. (1) Whenever a magistrate has reason to apprehend that the public peace would be seriously endangered—
he may—
as the case may be.
(2) A magistrate who—
(3) The Minister may, if he deems it necessary or expedient in the interest of the security of the State or for the maintenance of the public peace or in order to prevent the causing, encouraging or fomenting of feelings of hostility between different population groups or parts of population groups of the Republic, prohibit in a manner determined in subsection (2) (a)—
during any period or on any day or during specified times or periods within any period, except in those cases determined in the prohibition in question by the Minister or which the Minister or a magistrate acting in pursuance of the Minister’s general or special instructions may at any time expressly authorize.
47. (1) A police officer of or above the rank of warrant officer may, if he has reason to believe that a gathering prohibited under section 46 will take place, cause access to any place or area where he believes it will take place, and to any other place or area adjacent thereto, to be barred and such place or area to be kept closed or inaccessible to the public, for such time as may be necessary to prevent the gathering from taking place.
(2) The said police officer shall notify the fact that a place or area is so closed or inaccessible to members of the public, at the entrance thereto or in the vicinity of the place or area in a manner described in section 46 (2) (a) (iv) or (v).
48. (1) Whenever—
a police officer of or above the rank of warrant officer may call upon the persons attending the gathering to disperse, and for that purpose he shall endeavour to obtain the attention of those persons by such lawful means as he deems most suitable, and then in a loud voice order them in each of the official languages to disperse and to depart from the place of the gathering within the time specified by him.
(2) If within the time so specified the persons assembled have not so dispersed and departed, a police officer of or above the rank aforesaid may order the police under his command to disperse the gathering and may for that purpose order the use of force, including, subject to the provisions of section 49, the use of firearms and the other weapons therein mentioned, but the degree of force which may be so used shall not be greater than is necessary for dispersing the persons assembled, and the force used shall be moderated and proportionate to the circumstances of the case and the object to be attained.
49. (1) Firearms or other weapons likely to cause serious bodily injury or death shall not, by virtue of the power conferred by section 48, be used to disperse a gathering until weapons less likely to cause such injury or death have been used and the gathering has not been dispersed, or unless or until any of the persons attending the gathering—
(2) Firearms or other weapons likely to cause serious bodily injury or death shall be used for the purposes aforesaid with all reasonable caution, without recklessness or negligence, and so as to produce no further injury to any person than is necessary for the attainment of the object aforesaid.
50. (1) If a police officer of or above the rank of warrant officer is of the opinion—
he may without warrant arrest that person or cause him to be arrested and, subject to the provisions of this section, cause him to be detained in a prison referred to in section 20 (1) (a) or (b) of the Prisons Act, 1959 (Act No. 8 of 1959), or a police cell or lock-up.
(2) (a) Any person arrested in terms of the provisions of subsection (1) may at any time be released from detention, but shall at the expiration of a period of forty-eight hours as from the time of his arrest be released from detention unless a warrant for his further detention has in terms of the provisions of paragraph (b) been issued before the expiration of the said period: Provided that no such person shall on any particular occasion when he is being detained in terms of the provisions of this section be so detained for a period exceeding fourteen days as from the date of his arrest.
(b) Whenever a magistrate is of the opinion, on the ground of information submitted to him upon oath by a police officer, that the further detention of any person arrested in terms of subsection (1) is justified on the ground of a consideration contemplated in paragraph (a) or (b), as the case may be, of that subsection, he may on the application of the said police officer issue a warrant for the further detention of such person.
(c) An application referred to in paragraph (b) shall be heard behind closed doors.
(d) For the purposes of this section “magistrate” shall include an additional magistrate and an assistant magistrate.
(3) Any person being detained in terms of the provisions of this section shall be so detained in accordance with the provisions of the Prisons Act, 1959, which relate to unconvicted prisoners awaiting trial for an alleged offence.
(4) The Commissioner shall. as soon as possible after the arrest of any person in terms of the provisions of subsection (1), notify the Minister of his name and the place where he is being detained unless such person has in terms of the provisions of this section been released from detention before the Commissioner could reasonably have effected such notification.
(5) A magistrate may at any time before the expiration of the period of fourteen days referred to in subsection (2) order the release of any person being detained in terms of the provisions of this section.
50A. (1) If a police officer of or above the rank of warrant officer is of the opinion that the detention of a particular person will contribute to the termination, combating or prevention of public disturbance, disorder, riot or public violence at any place within the Republic, he may without warrant arrest that person or cause him to be arrested and cause him to be detained without a warrant of detention for a period not exceeding 48 hours in a prison as referred to in section 20 (1) of the Prisons Act, 1959 (Act No. 8 of 1959), including a police cell or lock-up.
(2) If a commissioned officer as defined in section 1 of the Police Act, 1958 (Act No. 7 of 1958), of or above the rank of lieutenant-colonel is of the opinion that the further detention of a person referred to in subsection (1) will contribute to the termination, combating or prevention of public disturbance, disorder, riot or public violence at any place within the Republic, such officer may, under a written order signed by him, have such person so detained for the further period ordered in the written order or until that person’s earlier release is ordered by any such officer: Provided that no such person shall, on any particular occasion when he is being detained in terms of the provisions of this section, be so detained for a period exceeding 180 days as from the date of his arrest.
(3) Any person detained under an order referred to in subsection (2) may at any time make representations in writing to the Minister relating to his detention, and the Minister may at any time order the release of such a person.
(4) Any person being detained under an order referred to in subsection (2) may be removed, in custody, from the prison in which he is being detained, to and be detained in any other prison, should the Minister, or a person authorized thereto by the Minister, so order in writing.
(5) The Minister of Justice may make regulations to regulate the circumstances in which persons referred to in subsections (1) and (2) may be detained.
(6) In case of a conflict between any regulation made under subsection (5) and any provision of the Prisons Act, 1959 (Act No. 8 of 1959), or any regulation or Prisons Service Order made under the said Act, or any official instruction, order or other act of or by the Commissioner of Prisons, the said regulation shall apply.
(7) (a) Any person who contravenes or fails to comply with any regulation made under subsection (5), shall be guilty of an offence.
(b) The provisions of sections 52 (a) and 54 of the Prisons Act, 1959 (Act No. 8 of 1959), with reference to an offence, and a contravention of or failure to comply with a regulation referred to therein, respectively, shall mutatis mutandis apply with respect to an offence referred to in paragraph (a).
(8) The Commissioner shall, as soon as possible after the arrest of any person in terms of the provisions of subsection (1), notify the Minister of the name of that person and the place where he is being detained unless such person has in terms of the provisions of this section been released from detention before the Commissioner could reasonably have effected such notification.
(9) (a) If a person detained under an order referred to in subsection (2) has at the expiration of a period of three months as from the date of his arrest not yet been released from detention in terms of this section, the Commissioner in person or a police officer designated by him for that purpose shall adduce reasons before a board of review as to why the said person shall not be released.
(b) At proceedings for the hearing of reasons adduced before it in terms of paragraph (a), the board of review shall consider such written representations, if any, as the person whose further detention in terms of this section is in issue, wishes to submit in connection with the matter, and may in its discretion also hear oral evidence or representations from that person.
(c) At the conclusion of the proceedings referred to in paragraph (b), the board of review shall submit to the Minister a written report with regard to the proceedings and its findings.
(d) The provisions of section 8 (8) shall mutatis mutandis apply in respect of the proceedings of the board of review as contemplated in paragraph (b).
(10) (a) This section shall only be applied if the State President by proclamation in the Gazette declares the provisions thereof to be applicable.
(b) Any proclamation referred to in paragraph (a) may from time to time be issued by the State President and may at any time in like manner be withdrawn by him.
(c) Any proclamation issued under paragraph (a) shall be tabled in Parliament within 14 days after publication thereof in the Gazette if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ensuing ordinary session.
51. Nothing in this Chapter contained shall be construed as affecting or derogating from any right conferred or duty imposed upon any member of the police or any member of the public under any other statute or under the common law to assist in the dispersal of riotous gatherings or in the prevention and suppression of riotous and seditious acts.
52. So much of the common law as renders illegal any gathering of persons in the open air without the consent of the authorities shall cease to be in operation in the Republic.
53. (1) Whenever the holding or organizing of any procession without the permission, approval or leave of an institution or a body referred to in section 84 (1) (f) of the Republic of South Africa Constitution Act, 1961 (Act No. 32 of 1961), is prohibited in terms of a provision of any law, it shall for the purposes of such provision be deemed that, notwithstanding the granting of such permission, approval or leave for holding or organizing a procession, such permission, approval or leave has not been granted unless the magistrate of the district in which the procession is to be held or organized has also granted his permission, approval or leave for the holding or organizing of such procession.
(2) A magistrate shall refuse to grant his permission, approval or leave referred to in subsection (1), only if he has reason to believe that the holding or organizing of the procession may endanger the maintenance of law and order.
(3) The Minister may from time to time by notice in the Gazette suspend the operation of subsections (1) and (2) in areas specified in the notice, or in areas other than areas so specified, and may by like notice withdraw or amend any such notice.
Chapter 6
Offences and Penalties
54. (1) Any person who with intent to—
in the Republic or elsewhere—
shall be guilty of the offence of terrorism and liable on conviction to the penalties provided for by law for the offence of treason.
(2) Any person who with intent to achieve any of the objects specified in paragraphs (a) to (d), inclusive, of subsection (1)—
shall be guilty of the offence of subversion and liable on conviction—
(3) Any person who with intent to—
in the Republic or elsewhere—
shall be guilty of the offence of sabotage and liable on conviction to imprisonment for a period not exceeding twenty years.
(4) Any person who has reason to suspect that any other person intends to commit or has committed any offence referred to in subsection (1), (2) or (3) and any person who 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, and who—
as the case may be, shall be guilty of an offence and liable on conviction to the penalty to which the person whom he so harboured or concealed or to whom he so rendered assistance or whose presence he so failed to report or to cause to be reported would have been liable on conviction of the offence which the last-mentioned person intended to commit or committed, as the case may be.
(5) No person shall be convicted of an offence in terms of subsection (1), (2) or (3) committed at any place outside the Republic, if such person proves that he is not a South African citizen and has not at any time before or after the commencement of this Act been resident in the Republic and that he has not at any time after 27 June 1962 entered or been in the Republic in contravention of any law.
(6) If the evidence in any prosecution for an offence in terms of—
the accused may be found guilty of the offence so proved.
(7) For the purposes of subsection (1) (ii), and without derogating from the generality of the meaning of the word “act”, the undergoing of specific training or the possession of any substance or thing shall be deemed also to constitute the performance of an act.
(8) For the purposes of this section—
“Government of the Republic” includes a provincial administration or any institution or body contemplated in section 84 (1) (f) of the Republic of South Africa Constitution Act, 1961 (Act No. 32 of 1961);
“prohibited place” means a prohibited place as defined in section 1 (1) of the Official Secrets Act, 1956 (Act No. 16 of 1956);
“public building” means any building which or part of which is occupied by the State, any institution or body contemplated in section 84 (1) (f) of the Republic of South Africa Constitution Act, 1961, or any other body which has been instituted by or under any law and to which local or other governmental functions have been assigned.
55. Any person who advocates, advises, defends or encourages the achievement in the Republic of any of the objects of communism or performs any other act of whatever nature calculated to further the achievement thereof in the Republic, shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding ten years.
56. (1) Any person who—
shall, subject to the provisions of subsections (2) and (3), be guilty of an offence and liable on conviction—
(2) No person shall be convicted of an offence referred to in subsection (1) (c) or (h) if he satisfies the court that as soon as practicable after having become aware of being in possession of a publication referred to in that subsection, he took reasonable steps to report the fact of his being so in possession of such publication to a police officer, or to deliver the publication in question to a police officer.
(3) No person shall be convicted of an offence referred to in paragraph (p) of subsection (1) by virtue of the provisions of subparagraph (i) or (ii) of the said paragraph unless the name of the person in connection with whose speech, utterance, writing or statement the offence is alleged to have been committed, appeared at the time of the alleged offence on a list referred to in section 27 (3) or, in a case where the name of the said person has not yet been entered in such list. unless particulars of the relevant prohibition or of the relevant declaration had at that time been published in the Gazette in accordance with the provisions of section 27 (2) or by way of a notice contemplated in section 23 (1), as the case may be.
(4) The provisions of subsection (1) (p) shall not prohibit any university established or incorporated by an Act of Parliament, or any other institution designated by the Minister from time to time by notice in the Gazette, from keeping, subject to the provisions of regulations made under subsection (5), any publication containing or consisting of any speech, utterance, writing or statement referred to in subsection (1) (p), or any extract from or reproduction of any such speech, utterance, writing or statement, in a library under its control for the purposes of bona fide study or research in that library by members of the staff of such institution or of the teaching staff of a university referred to in this subsection, or by persons registered as post-graduate students at such university.
(5) The Minister may make regulations relating to the place in a library referred to in subsection (4) where and the manner in which publications referred to in the said subsection shall be kept, the control to be exercised over such publications and the supervision to be exercised over the use thereof for the purposes referred to in subsection (4),
57. (1) Any person who after the prohibition under section 46 (1) (i) or (3) of a gathering—
shall be guilty of an offence unless, if the prohibition has not been published in the Gazette, he satisfies the court that he had no knowledge of the prohibition, and liable on conviction—
(2) Any person who—
shall be guilty of an offence and liable on conviction to a fine not exceeding two thousand rand or to imprisonment for a period not exceeding two years.
(3) For the purposes of subsection (1) a person shall be deemed to have convened a gathering—
(4) Any person who, without the permission of the police on duty, enters or remains in any place or area closed or made inaccessible under section 47, while it is closed or inaccessible, shall be guilty of an offence and liable on conviction to a fine not exceeding two hundred and fifty rand or to imprisonment for a period not exceeding three months.
(5) Any person who refuses or fails forthwith to obey an order given under section 48 (1) by a police officer referred to in that section shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand rand or to imprisonment for a period not exceeding one year.
58. Whenever any person is convicted of an offence which is proved to have been committed by way of protest against any law or in support of any campaign against any law or in support of any campaign for the repeal or modification of any law or for the variation or limitation of the application or administration of any law, the court convicting him may, notwithstanding anything to the contrary contained in any law, sentence him to a fine not exceeding three thousand rand or to imprisonment for a period not exceeding three years or to both such fine and such imprisonment.
59. Any person who—
to commit an offence by way of protest against any law or in support of any campaign against any law or in support of any campaign for the repeal or modification of any law or for the variation or limitation of the application or administration of any law, shall be guilty of an offence and liable on conviction to a fine not exceeding five thousand rand or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
60. (1) Any person who solicits, accepts or receives from any person or body of persons, whether within or outside the Republic, or who offers or gives to any person or body of persons any money or other article for the purpose of—
shall be guilty of an offence and liable on conviction to the penalties prescribed in section 59.
(2) The court convicting any person for receiving or accepting any money or other article for any purpose referred to in subsection (1) shall, in addition to any penalty which it may lawfully impose, declare that money or that article forfeit to the State if such money or article is found in the possession or under the control of the person convicted, or declare so much of that money or article as was found in possession or under the control of the said person to be so forfeit,
61. (1) Whenever an offender has been sentenced in terms of section 58, 59 or 60 to pay a fine, the court which passed the sentence shall, unless the fine has been paid within forty-eight hours of its having become payable, and unless the court is satisfied that the offender does not possess any movable or immovable property, issue a warrant addressed to the sheriff or messenger of the court authorizing him to levy the amount of that fine as well as the costs and expenses of the said warrant and of the attachment and sale thereunder. by attachment and sale of any movable property belonging to the offender, regardless of whether the sentence directs that in default of payment of the fine the offender shall undergo imprisonment.
(2) If the proceeds of the sale of the movable property of the offender are insufficient to satisfy the amount of the fine and the cost and expenses aforesaid, the court shall issue a warrant for the levy of the amount unpaid against the immovable property of the offender.
62. Any person who utters words or performs any other act with intent to cause, encourage or foment feelings of hostility between different population groups or parts of population groups of the Republic, shall be guilty of an offence and liable on conviction to a fine not exceeding two thousand rand or to imprisonment for a period not exceeding two years. or to both such fine and such imprisonment.
63. (1) The court convicting any person of an offence referred to in section 56 (1) (g) may declare the property in respect of which the offence was committed, or the rights of the convicted person to such property. forfeit to the State: Provided that such a declaration of forfeiture shall not affect any rights which any person other than the convicted person may have to such property, if it is proved that the said other person did not know that the property was being or would be used in contravention of the said section.
(2) Section 35 (4) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), shall mutatis mutandis apply in respect of such a forfeiture.
Chapter 7
Procedure, Jurisdiction of Courts and Evidence
64. No prosecution for an offence referred to in section 54 shall be instituted without the written authority of the attorney-general.
65. 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 54, be heard behind closed doors.
66. (1) Notwithstanding anything to the contrary in any law or the common law contained, no person shall be compelled and no person shall be permitted or ordered to give evidence or to furnish any information in any proceedings in any court of law or before any body or institution established by or under any law or before any commission as contemplated in the Commissions Act, 1947 (Act No. 8 of 1947), as to any fact, matter or thing or as to any communication made to or by such person, and no book or document shall be produced in any such proceedings, if an affidavit purporting to have been signed by the Minister responsible in respect of such fact, matter, thing, communication, book or document, or, in the case of a provincial administration. the Administrator concerned, is produced to the court of law, body, institution or commission concerned, to the effect that the said Minister or Administrator, as the case may be, has personally considered the said fact, matter, thing, communication, book or document, that, in his opinion, it affects the security of the State and that disclosure thereof will, in his opinion, prejudicially affect the security of the State.
(2) The provisions of subsection (1) shall not derogate from the provisions of any law or of the common law which do not compel or permit any person to give evidence or to furnish any information in any proceedings in any court of law or before any body or institution established by or under any law or before any commission as contemplated in the Commissions Act, 1947, as to any fact, matter or thing or as to any communication made to or by such person, or to produce any book or document, in connection with any matter other than a matter affecting the security of the State.
67. Notwithstanding anything to the contrary in any law or the common law contained, whenever two or more persons are in any indictment, summons or charge alleged to have committed—
such persons may be tried jointly for such offences on that indictment, summons or charge.
68. (1) Notwithstanding anything to the contrary in any law or the common law contained—
(2) If the Minister of Justice so directs, the trial of any person for an offence in terms of section 54 shall take place at such place in the Republic as the said Minister may determine.
(3) Whenever the trial for an offence in terms of section 54 committed outside the Republic takes place in the Republic, whether or not on the instructions of the Minister of Justice, the laws relating to procedure and evidence of the Republic shall apply in respect of such trial.
(4) A magistrate’s court which is not the court for a regional division shall, notwithstanding anything to the contrary in any law contained, have jurisdiction to impose any sentence or make any order provided for in sections 58, 59 and 60: Provided that no such magistrate’s court shall have jurisdiction to impose a sentence of a fine exceeding three thousand rand or imprisonment for a period exceeding three years.
69. (1) If in any prosecution in terms of this Act, or in any civil proceedings arising from the application of any provision of this Act, in which it is alleged that any person is or was a member or an active supporter of any organization, it is proved that he attended any meeting of that organization, or has advocated, advised, defended or encouraged the promotion of any of its purposes, or has distributed or assisted in the distribution of or caused to be distributed any periodical or other publication or document issued by, on behalf of or at the instance of that organization, he shall be presumed, until the contrary is proved, to be or to have been a member or an active supporter, as the case may be, of that organization.
(2) If in any prosecution for an offence in terms of section 56 (1) (d) it is proved that the accused has changed his place of residence or employment, he shall be deemed to have failed to give notice thereof as required by the said section, unless the contrary is proved.
(3) If in any prosecution for an offence in terms of section 56 (1) (k) it is proved that the accused communicated with a person whose name appears on the consolidated list or in respect of whom any prohibition under this Act is in force, and that the name of that person corresponds substantially to a name which appears on the consolidated list as published in terms of section 16 (6) in the Gazette, or in particulars which have been published in the Gazette in terms of section 27 (2), it shall be presumed that the accused, when he communicated with that person, knew that the name of that person appeared on the consolidated list or that a prohibition under this Act was in force in respect of that person, as the case may be, unless the contrary is proved.
(4) In any prosecution for an offence in terms of this Act or in any civil proceedings arising from the application of the provisions of this Act, any document, book, record, pamphlet or other publication or written instrument—
and any reproduction of such document, book, record, pamphlet, other publication or written instrument, shall be admissible in evidence against the accused or the said party to the proceedings, as the case may be, as prima facie proof of the contents thereof.
(5) If in any prosecution for an offence in terms of section 54 (1) or (2) it is proved that the accused has committed any act alleged in the charge, and if such act resulted or was likely to have resulted in the achievement of any of the objects specified in section 54 (1) (a) to (d), inclusive, it shall be presumed, unless the contrary is proved, that the accused has committed that act with intent to achieve such object.
(6) (a) If in any prosecution for an offence in terms of section 54 (1) the act with which the accused is charged, consists thereof, and it is proved, that he unlawfully had in his possession any automatic or semi-automatic rifle, machine gun, sub-machine gun, machine pistol, rocket launcher, recoilless gun or mortar, or any ammunition for or component part of such weaponry, or any grenade, mine, bomb or explosive, it shall be presumed, unless the contrary is proved, that the accused had the said weaponry, ammunition, component part, grenade, mine, bomb or explosive in his possession with intent to commit therewith or in connection therewith in the Republic, in order to achieve any of the objects specified in section 54 (1) (a) to (d), inclusive, any of the acts contemplated in section 54 (1) (i) to (iv), inclusive.
(b) If in any prosecution for an offence in terms of section 54 (1) the act with which the accused is charged consists thereof, and it is proved, that he unlawfully had in his possession any firearm or ammunition other than any firearm or ammunition referred to in paragraph (a), or so unlawfully had in his possession more than one such other firearm, and if in the opinion of the court the nature of that other firearm or firearms or of that ammunition or the circumstances in which the accused so had such other firearm, firearms or ammunition in his possession or the quantity thereof which the accused so had in his possession can justify the inference that the accused so had possession thereof with intent to commit therewith or in connection therewith in the Republic any of the acts contemplated in section 54 (1) (i) to (iv), inclusive, it shall be presumed, unless the contrary is proved, that the accused had the said other firearm, firearms or ammunition in his possession with intent to commit therewith or in connection therewith in the Republic, in order to achieve any of the objects specified in section 54 (1) (a) to (d), inclusive, any of the acts contemplated in section 54 (1) (i) to (iv), inclusive.
(7) (a) If it is relevant for the purposes of any prosecution for an offence in terms of section 54 (1) or (2), the court shall take notice of the fact that the objects of an unlawful organization specified in Schedule 4 include the achievement, by means of violence or threats of violence, of the object specified in section 54 (1) (a).
(b) The State President may from time to time by proclamation in the Gazette remove from or add to Schedule 4 the name of any unlawful organization specified in the proclamation.
(8) If in any prosecution against any person in which it is alleged that the offence charged was committed by way of protest against any law, or in support of any campaign against any law, or in support of any campaign for the repeal or modification of any law or for the variation or limitation of the application or administration of any law, it is proved that the offence was committed in the company of two or more other persons who have been or are being charged with having committed similar offences at the place where the offence which forms the subject of the prosecution was committed, and at the same time or approximately the same time as such offence was committed, it shall be presumed, unless the contrary is proved, that the offence was committed as alleged.
(9) A certificate purporting to have been signed by the Director, to the effect that a name specified therein appears on the consolidated list, shall, if such name corresponds substantially to that of an accused in any prosecution under this Act or to that of any party to any civil proceedings under or arising from the application of the provisions of this Act, on its mere production in such prosecution or civil proceedings, be prima facie proof of the fact that the name of such accused or of such party, as the case may be, appears on the consolidated list.
Chapter 8
Supplementary Provisions
70. (1) Without derogating from the provisions of section 4 (1), 5 (1), 18 (1), 19 (1) or (2) (b), 20 or 28 (1), the Minister may, before deciding to—
as the case may be—
as the case may be.
(2) Any warning referred to in subsection (1) shall be administered to the organization, publication or person concerned either by means of a written notice signed by the Minister and addressed to the organization, publication or person concerned and served upon an office-bearer of the organization, the proprietor or publisher of the publication or the person concerned, as the case may be, or, on the instructions of the Minister, by the Director or a magistrate.
71. (1) Any postal article containing or suspected to contain any money or other article intended for any of the purposes referred to in section 60 (1) may be detained by the Postmaster-General and forwarded to the Commissioner for disposal as hereinafter provided.
(2) The Commissioner may open for examination any postal article received by him in pursuance of the provisions of subsection (1).
(3) If a postal article opened in terms of subsection (2) contains any money or other article which the Commissioner has reason to believe is intended for any of the purposes referred to in section 60 (1), he shall forward it to the Minister for disposal as hereinafter provided.
(4) The Minister may, if he has reason to believe that the money or other article contained in a postal article forwarded to him in terms of subsection (3) is intended for any of the purposes referred to in section 60 (1), cause that money or other article to be seized and shall cause the sender thereof, if his name and address are known, and the person to whom the postal article is addressed, to be informed forthwith of the seizure and of the reasons therefor.
(5) Any money or other article seized in terms of subsection (4) shall be forfeited to the State unless the sender or the person to whom it was addressed, within ninety days of the seizure satisfies the Minister that the said money or other article was not intended for any of the purposes referred to in section 60 (1).
(6) Any postal article detained under subsection (1) and not dealt with as provided in subsection (3), (4) or (5), shall be forwarded without delay to the person to whom it is addressed.
(7) For the purposes of this section “postal article” means a postal article as defined in section 1 of the Post Office Act, 1958 (Act No. 44 of 1958).
72. Whenever—
the Minister shall report the circumstances to the House of Assembly within fourteen days after the date of the action, prohibition, direction or order in question if Parliament is then in session or, if Parliament is not then in session, within fourteen days after the commencement of its next ensuing ordinary session.
73. (1) Subject to the provisions of subsections (2) and (3), the laws specified in Schedule 1 are hereby repealed to the extent set out in the third column of that Schedule.
(2) Any regulation, notice, order, prohibition, authority, permission, information or document which has been made, issued, imposed, given, granted or furnished and any other thing which has been done in terms of the provisions of any law repealed by subsection (1) or of any law repealed by a law so repealed, and which could be made, issued, imposed, given, granted, furnished or done in terms of the provisions of this Act, shall be deemed to have been made, issued, imposed, given, granted, furnished or done in terms of the last-mentioned provisions: Provided that the provisions of section 43 shall not apply in relation to any person in respect of whom, on the date immediately preceding the date of commencement of this Act, any restriction or prohibition is in force by virtue of a notice delivered or tendered to him in terms of the provisions of any law so repealed. or any person who, on the date first mentioned in this proviso, is in detention by virtue of such a notice: Provided further that at the expiration of a period of twelve months after the date of commencement of this Act all notices referred to in the immediately preceding proviso shall be deemed to be withdrawn.
(3) Anything which has been done by the State President or the Minister of Justice in terms of the provisions of any law repealed by subsection (1) and which could be done by the Minister of Law and Order in terms of the provisions of this Act, shall be deemed to have been done by the Minister of Law and Order in terms of the last-mentioned provisions.
74. This Act shall be called the Internal Security Act, 1982, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
Schedule 1
Laws Repealed
| No. and year of law | Short title | Extent of repeal |
|---|---|---|
| Act No. 44 of 1950 | Internal Security Act, 1950 | The whole, except section 17bis |
| Act No. 50 of 1951 | Suppression of Communism Amendment Act, 1951 | The whole |
| Act No. 8 of 1953 | Criminal Law Amendment Act, 1953 | The whole |
| Act No. 15 of 1954 | Riotous Assemblies and Suppression of Communism Amendment Act, 1954 | So much as is unrepealed |
| Act No. 17 of 1956 | Riotous Assemblies Act, 1956 | Sections 1 to 9, inclusive, and sections 19 and 20 |
| Act No. 34 of 1960 | Unlawful Organizations Act, 1960 | The whole |
| Act No. 39 of 1961 | General Law Amendment Act, 1961 | Sections 6 and 7 |
| Act No. 76 of 1962 | General Law Amendment Act, 1962 | Sections 1 to 15, inclusive, and sections 19, 20 and 21 |
| Act No. 37 of 1963 | General Law Amendment Act, 1963 | Sections 3, 4, 5, 6, 7, 14, 15, 16 and 17 |
| Act No. 80 of 1964 | General Law Amendment Act, 1964 | Sections 14, 15 and 16 |
| Act No. 97 of 1965 | Suppression of Communism Amendment Act, 1965 | The whole |
| Act No. 8 of 1966 | Suppression of Communism Amendment Act, 1966 | The whole |
| Act No. 62 of 1966 | General Law Amendment Act, 1966 | Sections 3, 4, 5, 6 and 22 |
| Act No. 24 of 1967 | Suppression of Communism Amendment Act, 1967 | The whole |
| Act No. 83 of 1967 | Terrorism Act, 1967 | The whole, except section 7 |
| Act No. 102 of 1967 | General Law Amendment Act, 1967 | Section 6 |
| Act No. 70 of 1968 | General Law Amendment Act, 1968 | Section 36 |
| Act No. 34 of 1969 | Abolition of Juries Act, 1969 | Section 34 |
| Act No. 101 of 1969 | General Law Amendment Act, 1969 | Section 29 |
| Act No. 92 of 1970 | General Law Further Amendment Act, 1970 | Section 15 |
| Act No. 2 of 1972 | Suppression of Communism Amendment Act, 1972 | The whole |
| Act No. 102 of 1972 | General Law Amendment Act, 1972 | Section 25 |
| Act No. 30 of 1974 | Riotous Assemblies Amendment Act, 1974 | Sections 1 to 8, inclusive, and section 11 |
| Act No. 94 of 1974 | Second General Law Amendment Act, 1974 | Section 1 |
| Act No. 57 of 1975 | General Law Amendment Act, 1975 | Section 13 |
| Act No. 79 of 1976 | Internal Security Amendment Act, 1976 | The whole, except sections 10, 13 and 14 |
| Act No. 91 of 1977 | Lower Courts Amendment Act, 1977 | Sections 14, 15 and 16 |
| Act No. 79 of 1978 | Criminal Procedure Matters Amendment Act, 1978 | Section 1 |
Schedule 2
Offences a conviction of which may, if certain additional circumstances are present, render a person subject to action against him in terms of section 18 (1) (b), 19 (1) (b), 20 (b) or 28 (1) (c)
Sedition.
Any other common law offence, the circumstances pertaining to the commission of which in the opinion of the Minister relate to or are connected with activities which endangered or could have endangered the security of the State or the maintenance of law and order.
Any offence referred to in section 54, 55 or 56 of this Act.
Any offence referred to in section 11 (a), (b), (b)bis, (b)ter, (c), (d), (d)bis or (d)ter of the Internal Security Act, 1950 (Act No. 44 of 1950), or that Act as applied by any other law.
Any offence referred to in section 21 of the General Law Amendment Act, 1962 (Act No. 76 of 1962).
Any offence referred to in section 2 or 3 of the Terrorism Act, 1967 (Act No. 83 of 1967).
Any conspiracy, incitement or attempt to commit any of the above-mentioned offences.
Treason.
Schedule 3
Offences in respect of which the attorney-general may under section 30 order that the accused shall not be released on bail or on warning or under section 31 issue a warrant for the arrest and detention of a witness
Sedition.
Contravention of the provisions of section 13 (1) (a) (iv) of this Act.
Any offence referred to in section 54 or 55 of this Act.
Any conspiracy, incitement or attempt to commit any of the above-mentioned offences.
Treason.
Schedule 4
Unlawful organizations in respect of which the provisions of section 69 (7) are applicable