Internal Security Act, 1982/1996-11-15

by enacted by the Parliament of South Africa

Act

To provide for the security of the State and the maintenance of law and order; and to provide for matters connected therewith.

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(Afrikaans text signed by the State President.)
(Assented to 1 June 1982.)

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as amended by

Internal Security Amendment Act, No. 55 of 1986
Proclamation No. R. 21 of 1990
Internal Security and Intimidation Amendment Act, No. 138 of 1991
Criminal Law Amendment Act, No. 4 of 1992
Criminal Law Amendment Act, No. 126 of 1992
Regulation of Gatherings Act, No. 205 of 1993
Abolition of Restrictions on Free Political Activity Act, No. 206 of 1993
Safety Matters Rationalisation Act, No, 90 of 1996

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 5	Measures in connection with Certain Gatherings	46–52
Chapter 6	Offences and Penalties	54
Chapter 7	Procedure, Jurisdiction of Courts and Evidence	64
Chapter 8	Supplementary Provisions	72–74

Definitions.

1. In this Act, unless the context otherwise indicates—

[Definition of “authorized officer” deleted by s. 1 (a) of Act No. 138 of 1991.]

[Definition of “board of review” deleted by s. 1 (b) of Act No. 138 of 1991.]

[Definition of “Commissioner” deleted by item 1 of Schedule 1 to Act No. 90 of 1996.]

[Definition of “communism” deleted by s. 1 (c) of Act No. 138 of 1991.]

[Definitions of “Director” and “document” deleted by item 1 of Schedule 1 to Act No. 90 of 1996.]

“gathering” means, for the purposes of—

(a)

sections 20 (ii), 46 (1) (b) and (3) (b) and 48 (1) (b), any gathering, concourse or procession of any number of persons;

(b)

any other provision of this Act, a gathering, concourse or procession of any number of persons having a common purpose, whether such purpose is lawful or unlawful;

[Definition of “Inspector of Detainees” deleted by s. 1 (d) of Act No. 138 of 1991.]

[Definitions of “liquidator”, “Minister”, “office-bearer”, “officer”, “organization”, “periodical publication”, “place”, “police”, “police officer” and “publication” deleted by item 1 of Schedule 1 to Act No. 90 of 1996.]

[Definition of “public body” deleted by s. 1 (h) of Act No. 138 of 1991.]

[Definition of “public office” deleted by s. 1 (i) of Act No. 138 of 1991.]

[Definitions of “this Act”, “unlawful organization” and “violence” deleted by item 1 of Schedule 1 to Act No. 90 of 1996.]

[S. 2 repealed by item 2 of Schedule 1 to Act No. 90 of 1996.]

[S. 3 repealed by s. 3 of Act No. 138 of 1991.]

[S. 4 repealed by item 2 of Schedule 1 to Act No. 90 of 1996.]

[S. 5–9 repealed by s. 6 of Act No. 138 of 1991.]

[S. 10 repealed by item 2 of Schedule 1 to Act No. 90 of 1996.]

[S. 11 repealed by s. 8 of Act No. 138 of 1991.]

[S. 12–14 repealed by item 2 of Schedule 1 to Act No. 90 of 1996.]

[S. 15–28 repealed by s. 12 of Act No. 138 of 1991.]

[S. 29 repealed by s. 7 of Act No. 206 of 1993.]

[S. 30–32 repealed by s. 8 of Act No. 126 of 1992.]

[S. 33–34 repealed by s. 15 of Act No. 138 of 1991.]

[Chapter 4 repealed by s. 16 of Act No. 138 of 1991.]

Chapter 5

Measures in Connection with Certain Gatherings

Power to prohibit gatherings in certain cases or to impose conditions for the holding thereof.

46.

[Sub-s. (1) and (2) repealed by Schedule 3 to Act No. 205 of 1993.]

(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)—

(a)

any gathering in any area; or

(b)

any particular gathering or any gathering of a particular nature, class or kind at a particular place or in a particular area or wheresoever in the Republic,

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.

(4) Any notice issued by the Minister under subsection (3) may at any time be withdrawn or amended by him by like notice.

[Sub-s. (4) added by s. 17 of Act No. 138 of 1991.]

[S. 47–49 repealed by Schedule 3 to Act No. 205 of 1993.]

[S. 50 repealed by item 2 of Schedule 1 to Act No. 90 of 1996.]

[S. 50A inserted by s. 1 of Act No. 66 of 1986 and repealed by s. 18 of Act No. 138 of 1991.]

[S. 51 repealed by Schedule 3 to Act No. 205 of 1993.]

Abrogation of common law relating to gatherings in open air.

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.

[S. 53 repealed by Schedule 3 to Act No. 205 of 1993.]

Chapter 6

Offences and Penalties

Terrorism and related offences, and penalties therefor.

54. (1) Any person who with intent to—

(a)

overthrow or endanger the State authority in the Republic;

(b)

achieve, bring about or promote any constitutional, political, industrial, social or economic aim or change in the Republic;

(c)

induce the Government of the Republic to do or to abstain from doing any act or to adopt or to abandon a particular standpoint,

[Para. (d) deleted by s. 9 (a) of Act No. 126 of 1992.]

in the Republic or elsewhere—

(i)

commits an act of violence or threatens or attempts to do so;

(ii)

performs any act which is aimed at causing, bringing about, promoting or contributing towards such act or threat of violence, or attempts, consents or takes any steps to perform such act;

(iii)

conspires with any other person to commit, bring about or perform any act or threat referred to in paragraph (i) or act referred to in paragraph (ii), or to aid in the commission, bringing about or performance thereof; or

(iv)

incites, instigates, commands, aids, advises, encourages or procures any other person to commit, bring about or perform such act or threat,

shall be guilty of the offence of terrorism and liable on conviction to the penalties provided for by law for the offence of treason.

[S. (2) deleted by s. 4 of Act No. 206 of 1993.]

(3) Any person who with intent to—

(a)

endanger the safety, health or interests of the public at any place in the Republic;

(b)

destroy, pollute or contaminate any water supply in the Republic which is intended for public use;

(c)

interrupt, impede or endanger at any place in the Republic the manufacture, storage, generation, distribution, rendering or supply of fuel, petroleum products, energy, light, power or water, or of sanitary, medical, health, educational, police, fire-fighting, ambulance, postal or telecommunication services or radio or television transmitting, broadcasting or receiving services or any other public service;

(d)

endanger, damage, destroy, render useless or unserviceable or put out of action at any place in the Republic any installation for the rendering or supply of any service referred to in paragraph (c), any prohibited place or any public building;

(e)

cripple, prejudice or interrupt at any place in the Republic any industry or undertaking or industries or undertakings generally or the production, supply or distribution of commodities or foodstuffs; or

(f)

impede or endanger at any place in the Republic the free movement of any traffic on land, at sea or in the air,

in the Republic or elsewhere—

(i)

commits any act;

(ii)

attempts to commit such act;

(iii)

conspires with any other person to commit such act or to bring about the commission thereof or to aid in the commission or the bringing about of the commission thereof; or

(iv)

incites, instigates, commands. aids, advises, encourages or procures any other person to commit such act,

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—

(a)

harbours or conceals that other person;

(b)

directly or indirectly renders any assistance to that other person; or

(c)

fails to report or cause to be reported to any member of the police such presence of that other person at any place,

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 subsection (1) does not prove that offence but does prove an offence in terms of subsection (2), (3) or (4), the accused may be found guilty of the offence so proved.

[Sub-s. (6) amended by item 3 (a) of Schedule 1 to Act No. 90 of 1996.]

(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—

[Definition of “Government of the Republic” deleted by item 3 (b) of Schedule 1 to Act No. 90 of 1996.]

“prohibited place” means a prohibited place as defined in section 1 (1) of the Protection of Information Act, 1982 (Act No. 84 of 1982);

“public building” means any building which or part of which is occupied by the State, any institution or body instituted by or under any law and to which local or other government functions have been assigned.

[Definition of “public building” substituted by item 3 (c) of Schedule 1 to Act No. 90 of 1996.]

[Sub-s. (8) amended by s. 20 of Act No. 138 of 1991.]

[S. 55 repealed by s. 21 of Act No. 138 of 1991.]

[S. 56 repealed by item 4 of Schedule 1 to Act No. 90 of 1996.]

[S. 57 repealed by Schedule 3 to Act No. 205 of 1993.]

[S. 58–61 repealed by s. 7 of Act No. 206 of 1993.]

[S. 62–63 repealed by item 4 of Schedule 1 to Act No. 90 of 1996.]

Chapter 7

Procedure, Jurisdiction of Courts and Evidence

Authority of attorney-general required for certain trials.

64. No trial in respect of an offence referred to in section 54 shall be commenced without the written authority of the attorney-general.

[S. 64 substituted by s. 24 of Act No. 138 of 1991.]

[S. 65–69 repealed by item 4 of Schedule 1 to Act No. 90 of 1996.]

Chapter 8

Supplementary Provisions

[S. 70 repealed by s. 27 of Act No. 138 of 1991.]

[S. 71 repealed by s. 7 of Act No. 206 of 1993.]

Reports to Parliament.

72. Whenever—

(a)

any action has been taken under section 4 (1);

(b)

any gathering has been prohibited under the provisions of section 46 (1) (i) or (3) or a direction in connection with the holding of any gathering has been issued under the provisions of section 46 (1) (ii); or

(c)

a police officer has under the provisions of section 48 (1) ordered the persons attending a gathering to disperse,

the Minister shall report the circumstances to Parliament within fourteen days after the date of the action, prohibition or direction 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.

[S. 72 substituted by s. 28 of Act No. 138 of 1991.]

[S. 73 repealed by item 4 of Schedule 1 to Act No. 90 of 1996.]

Short title and commencement.

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 repealed by item 4 of Schedule 1 to Act No. 90 of 1996.]

[Schedule 2 repealed by s. 29 of Act No. 138 of 1991.]

[Schedule 3 repealed by s. 11 of Act No. 126 of 1992.]

[Schedule 4 repealed by item 4 of Schedule 1 to Act No. 90 of 1996.]