Internal Security Act, 1982/1991-07-31

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Internal Security Act, 1982
enacted by the Parliament of South Africa

as at 31 July 1991

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This is the text of the Internal Security Act, 1982, as it was after it was amended on 31 July 1991 by the Internal Security and Intimidation Amendment Act, 1991, which came into force on that date in terms of Proclamation No. R. 72 of 1991.

1436949Internal Security Act, 1982 — as at 31 July 1991enacted 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.

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

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

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
Chapter 2	Measures in respect of Certain Organizations	4–14
Chapter 3	Measures in respect of Certain Persons	29–32
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	71–74

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.]

“Commissioner” means the Commissioner of the South African Police;

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

“Director” means the person appointed in terms of section 2 (2) to the office of Director of Security Legislation;

“document” includes any book, pamphlet, record, list, placard, poster, drawing, photograph or picture, or a film as defined in section 47 (1) of the Publications Act, 1974 (Act No, 42 of 1974);

“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.]

“liquidator” means a person designated as such under section 13 (1) (b), and includes any person acting under his written authority;

“Minister” means the Minister of Justice, except in sections 29, 50, 71 and 72 (in the application of section 72 (c)), where it means the Minister of Law and Order;

[Definition of “Minister” substituted by s. 1 (e) of Act No. 138 of 1991.]

“office-bearer”, in relation to any organization, means ember of the governing or executive body of—

(a)

the organization;

(b)

any branch, section or committee of the organization; or

(c)

any local, regional or subsidiary body forming part of the organization;

“officer”, in relation to any organization, means any person working for the organization or for any branch, section or committee of the organization, or for any local, regional or subsidiary body forming part of the organization;

“organization” means any association of persons, incorporated or unincorporated, and whether or not it has been established or registered in accordance with any statute;

“periodical publication” means any publication appearing at intervals;

“place” means any place, whether or not it is a public place, and includes any premises. building, dwelling, flat, room, office, shop, structure, vessel, aircraft or vehicle, and any part of a place;

“police” means any body of men established or enrolled under any law and exercising or carrying out the powers, duties and functions of a police force, and includes any portion of the South African Defence Force when used for the prevention or suppression of terrorism or internal disorder;

“police officer” means any member of the Force as defined in section 1 of the Police Act, 1958 (Act No. 7 of 1958);

[Definition of “police officer” substituted by s. 1 (f) of Act No. 138 of 1991.]

“publication” means any newspaper, magazine, pamphlet, book, hand-bill or poster, and includes, for the purposes of section 56 (1) (b), any record or other object in or on which sound has been recorded for reproduction;

[Definition of “publication” amended by s. 1 (g) of Act No. 138 of 1991.]

[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.]

“this Act” includes any regulation made under any provision thereof;

“unlawful organization” means an organization which, under section 4, is declared to be an unlawful organization, and includes any branch, section or committee of any such organization and any local, regional or subsidiary body forming part of any such organization;

[Definition of “unlawful organization” substituted by s. 1 (j) of Act No. 138 of 1991.]

“violence” includes the inflicting of bodily harm upon or killing of, or the endangering of the safety of, any person, or the damaging, destruction or endangering of property.

Chapter 1

Director of Security Legislation

Appointment and functions of Director of Security Legislation.

2. (1) The Minister 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.

[Sub-s. (1) amended by s. 2 (a) of Act No. 138 of 1991.]

(2) The Minister shall, subject to the laws governing the public service, appoint to the office of Director of Security Legislation a person holding a degree or diploma in law.

[Sub-s. (2) substituted by s. 2 (b) of Act No. 138 of 1991.]

(3) The Minister may appoint, subject to the laws governing the public service, 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.

[Sub-s. (3) substituted by s. 2 (c) of Act No. 138 of 1991.]

(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.

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

Chapter 2

Measures in Respect of Certain Organizations

[Heading to Chapter 2 substituted by s. 4 of Act No. 138 of 1991.]

Declaration of certain organizations as unlawful.

4. (1) If the Minister has reason to believe—

(a)

that any organization attempts or intends, in a violent manner or by the use of violence or by the instigation or promotion of violence, disturbance, rioting or disorder, to—

(i)

overthrow the State authority in the Republic;

(ii)

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

(iii)

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

(b)

that any organization threatens with violence, or with the instigation or promotion of violence, disturbance, rioting or disorder, or with steps which include violence, disturbance, rioting or disorder, in order to achieve any of the objects referred to in paragraph (a) (i), (ii) or (iii); or

(c)

that any organization propagates or encourages violence, disturbance, rioting or disorder, or conduct which includes violence, disturbance, rioting or disorder, as a means to achieve any of the objects referred to in paragraph (a) (i), (ii) or (iii),

he may, without notice to the organization in question, by notice in the Gazette declare that organization to be an unlawful organization.

[Sub-s. (1) substituted by s. 5 (a) of Act No. 138 of 1991.]

[Sub-s. (2) deleted by s. 5 (b) of Act No. 138 of 1991.]

(3) Any notice issued under subsection (1) may be withdrawn by the Minister by like notice.

[Sub-s. (3) substituted by s. 5 (c) of Act No. 138 of 1991.]

[Sub-s. (4) deleted by s. 5 (d) of Act No. 138 of 1991.]

(5) A notice under subsection (1) 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.

[Sub-s. (5) substituted by s. 5 (e) of Act No. 138 of 1991.]

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

Furnishing of reasons by Minister.

10. (1) Whenever an organization is in terms of the provisions of section 4 (1) declared by the Minister to be an unlawful organization, any person who proves to the satisfaction of the Minister that he was an office-bearer of the organization in question on the date immediately preceding the date on which it was so declared unlawful, 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 thirty days after the date of the publication in the Gazette of the notice dec1aring the organization in question to be an unlawful organization, the Minister shall furnish the office-bearer with a written statement setting forth his reasons for the notice and the information which induced the Minister to issue the notice.

(2) If, within the period specified in subsection (1), more than one request in terms of that subsection is received by the Minister, the Minister shall furnish only one of the office-bearers concerned with reasons and information in terms of the said subsection and notify the other office-bearers from whom requests are so received of the name and address of the office-bearer who hasso been or will so be furnished with reasons and information.

[S. 10 substituted by s. 7 of Act No. 138 of 1991.]

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

Time limit in respect of, and effect of, certain proceedings in connection with organizations.

12. (1) No proceedings shall after the expiration of a period of three months from the date of a notice issued by the Minister in terms of section 4 (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 make an order whereby, pending the outcome of any proceedings referred to in subsection (1), the operation of any notice issued by the Minister in terms of section 4 (1) is suspended or in any other manner postponed.

[S. 12 substituted by s. 9 of Act No. 138 of 1991.]

Consequences of declaration of organization as unlawful.

13. (1) As from the date upon which an organization becomes an unlawful organization by virtue of a notice under section 4 (1)—

(a)

no person shall—

(i)

become, continue to be or perform any act as an office-bearer, officer or member of the unlawful organization;

(ii)

carry, be in possession of or display anything whatsoever indicating that he is or was at any time before or after the commencement of this Act an office-bearer, officer or member of or in any way associated with the unlawful organization;

(iii)

contribute or solicit anything as a subscription or otherwise, to be used directly or indirectly for the benefit of the unlawful organization;

(iv)

in any way take part in any activity of the unlawful organization, or carry on in the direct or indirect interest of the unlawful organization, any activity in which it was or could have engaged at the said date; or

(v)

advocate, advise, defend or encourage the achievement of any of the objects of the unlawful organization or objects similar to the objects of such organization, or perform any other act of whatever nature which is calculated to further the achievement of any such object;

(b)

all property (including all rights and documents) held by the unlawful organization or held by any person for the benefit of the unlawful organization, shall vest in a person designated by the Minister as the liquidator of the assets of the unlawful organization; and

(c)

the unlawful organization shall, if it is registered in any office, cease to be registered, and the officer in charge of the register shall remove its name from the register.

[Sub-s. (1) amended by s. 10 (a) of Act No. 138 of 1991.]

(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 by reason of the fact that it has no assets.

[Sub-s. (2) amended by s. 10 (b) of Act No. 138 of 1991.]

(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 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.

[S. 13 amended by s. 10 (c) of Act No. 138 of 1991.]

Powers and duties of liquidator.

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 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.

[Sub-s. (2) substituted by s. 11 (a) of Act No. 138 of 1991.]

(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) shall be regarded as the date of sequestration or winding-up, as the case may be.

[Sub-s. (5) ameded by s. 11 (b) of Act No. 138 of 1991.]

(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.

[Sub-s. (8) amended by s. 11 (c) of Act No. 138 of 1991.]

(9) The Minister 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.

[Sub-s. (9) amended by s. 11 (c) of Act No. 138 of 1991.]

[Sub-s. (10) deleted by s. 11 (d) of Act No. 138 of 1991.]

(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) Without derogating from the generality of the provisions of subsection (9), the liquidator may, for the purposes of the performance of his functions in terms of subsection (1) or (4)—

(a)

without previous notice at any time enter upon any premises whatsoever and make such investigation and inquiry as he deems necessary;

(b)

require of any person the production then and there or at a time and place fixed by the liquidator, of any document which is on the premises;

(c)

at any time and at any place require of any person who has possession or custody or control of any document, the production thereof then and there or at a time and place fixed by the liquidator;

(d)

seize any document referred to in paragraph (b) or (c) which in his opinion may afford proof in regard to any right in or the whereabouts ofany property or the existence or amount of any debt;

(e)

examine such document and make extracts therefrom or copies thereof and ask any person whom he considers to have the necessary information, to give an explanation of any entry therein;

(f)

question either alone or in the presence of any other person, as he deems desirable, any person whom he finds on premises entered upon by him in terms of this section, or whom he on reasonable grounds suspects to be in possession of information required by the liquidator; and

(g)

direct any person referred to in paragraph (b), (c), (e) or (f) to appear before the liquidator at a time and place specified by him, and at such time and place question such person.

[Sub-s. (12) substituted by s. 11 (e) of Act No. 138 of 1991.]

(13) Every occupier of premises entered upon under subsection (12) shall at all times furnish such facilities as are required by the liquidator for the purpose of exercising his powers under the said subsection.

[Sub-s. (13) added by s. 11 (f) of Act No. 138 of 1991.]

[S. 15–17 repealed by s. 12 of Act No. 138 of 1991.]

Chapter 3

Measures in Respect of Certain Persons

[S. 18–28 repealed by s. 12 of Act No. 138 of 1991.]

Detention of certain persons for interrogation.

29. (1) Notwithstanding anything to the contrary in any law or the common law contained, 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—

(a)

has committed or intends or intended to commit an offence referred to in section 54 (1), (2) or (4), excluding, in the case of an offence referred to in section 54 (4), such an offence which the suspect committed or intends or intended to commit in connection with a person suspected of having intended to commit or having committed the offence of sabotage; or

(b)

is withholding from the South African Police any information relating to the commission of an offence referred to in paragraph (a) or relating to an intended commission of such offence or relating to any person who has committed or who intends to commit such offence,

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, for a period not exceeding 10 days and for such further period or periods not exceeding 10 days or not exceeding 10 days each, as the case may be, as a judge of a provincial or local division of the Supreme Court of South Africa may, on application in accordance with subsection (4), determine or from time to time determine.

(2) The commissioned officer referred to in subsection (1) shall as soon as possible after an arrest in terms of that subsection—

(a)

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;

(b)

notify a relative of the person arrested, or, if no such relative is available, someone indicated by that person, of his arrest and of the place where he is being detained at that stage unless—

(i)

the person arrested informs the commissioned officer that he does not wish anybody so to be notified; or

(ii)

the Commissioner has reason to believe that it will hamper any investigation by the police.

(3) (a) An application referred to in subsection (1) for the further detention of a person arrested and detained in terms of that subsection shall be made in writing to a judge in chambers by the Commissioner or a commissioned officer as defined in section 1 of the Police Act, 1958, of or above the rank of brigadier, at least 48 hours before the expiry of the period of 10 days referred to in subsection (1), or at least 48 hours before the expiry of any further period so referred to, as the case may be, and shall state—

(i)

the date and the grounds on which the person was arrested;

(ii)

the reason why further detention of the person is considered necessary; and

(iii)

the place where and the directions subject to which the person is being detained.

(b) Before the application is heard, the Commissioner or the commissioned officer concerned shall notify the detainee concerned and, if he so requests, his legal representative, of the application and furnish the detainee with a copy of the written application referred to in paragraph (a).

(c) Any person in respect of whom an application has been made in terms of paragraph (a) may, pending the result of such application, be detained as if the application had been granted.

(d) A judge to whom such an application is made—

(i)

may consider the application, whether the person concerned is being detained within the area of jurisdiction of the relevant division of the Supreme Court or elsewhere;

(ii)

shall afford that person or his legal representative an opportunity of submitting reasons in writing why the detainee should not be further detained, and shall, if such reasons are submitted, afford the Commissioner or the commissioned officer concerned an opportunity of replying thereto in writing;

(iii)

may ask the Commissioner or the commissioned officer for such further information in writing as the judge may deem necessary;

(iv)

shall in considering the application have regard only to the particulars and information furnished by the Commissioner or the commissioned officer, the reasons advanced by the detainee as to why he should not be further detained and the reply of the Commissioner or the commissioned officer to such reasons: Provided that the judge may—

(aa)

afford the Commissioner or the commissioned officer concerned or a person designated by the Commissioner or officer an opportunity to be heard in order to elucidate such particulars or information;

(bb)

afford the detainee or his legal representative an opportunity to be heard in order to elucidate such reasons,

and the decision of the judge on the application shall be final.

(e) If such an application is refused the detainee concerned shall be released immediately.

(4) Any person detained in terms 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) …

(7) No person other than the Minister or a person acting by virtue of his office in the service of the State—

(a)

shall have access to any person detained in terms of the provisions of this section, except with the consent of and subject to such conditions as may be determined by the Minister or the Commissioner: Provided that the Minister or the Commissioner shall refuse such permission only if he has reason to believe that access to the detainee will hamper any investigation by the police: Provided further that this paragraph shall not apply in respect of a legal representative of a person so detained who, after he has been notified as contemplated in subsection (3) (b), assists that person in the preparation of a submission referred to in subsection (3) (d) (ii) in accordance with such conditions as may be determined by the Minister; or

(b)

shall, subject to the provisions of subsection (3) (b), be entitled to inspect any document relating to an application in terms of subsection (3), or to any official information relating to or any information obtained from such person.

(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 arrested in terms of the provisions of subsection (1) shall as soon as possible be examined by a district surgeon and shall be not less than once every five days—

(a)

visited in private by a magistrate;

(b)

visited in private by a district surgeon.

and such a magistrate or district surgeon shall in respect of each such visit, without delay compile a report and submit it to the Minister, and the Minister may, if he has reason to believe that it will not hamper any investigation by the police, furnish, at the request of the detainee, copies of such reports to a person indicated by the detainee.

(10) Any person detained in terms of this section shall be entitled, if he so requests, to be visited, at his own expense, by his private medical practitioner in the presence of a district surgeon, unless the Minister or the Commissioner has reason to believe that such a visit will hamper any investigation by the police.

[S. 29 substituted by s. 13 of Act No. 138 of 1991.]

Powers of attorney-general to prohibit release on bail or on warning.

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.

Detention of witnesses under warrant issued by attorney-general.

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.

[Sub-s. (2) amended by s. 14 of Act No. 138 of 1991.]

(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—

(a)

the attorney-general orders that he be released earlier; or

(b)

no charge-sheet in respect of an accused in the criminal proceedings in question has been lodged or no indictment has been served on such accused, as the case may be, in terms of the provisions of section 76 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), within a period of six months as from the date upon which the said person was so arrested, in which case the said person shall be released after the expiration of the said period of six months.

(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—

(a)

in private by a magistrate;

(b)

in private by a district surgeon.

(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).

Amendment of Schedule 3.

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.

[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. (1) Whenever a magistrate has reason to apprehend that the public peace would be seriously endangered—

(a)

by any gathering in his district; or

(b)

by a particular gathering or any gathering of a particular nature, class or kind at a particular place or in a particular area or wheresoever in his district,

he may—

(i)

prohibit for a period not exceeding forty-eight hours every gathering in his district or that particular gathering or any gathering of a particular nature, class or kind at a particular place or in a particular area or everywhere in his district, except in such cases as he may expressly authorize in the prohibition in question or at any time thereafter; or

(ii)

direct that that particular gathering or any other gathering with the same purpose shall be held only in accordance with such conditions as he may determine in the direction in question, including, in the case of any gathering which takes the form of a procession, and without derogating from the generality of the preceding provisions of this paragraph, conditions—

(aa)

prescribing the route to be taken by the procession concerned;

(bb)

prohibiting the procession or any person forming part thereof from entering any place specified in the direction;

(cc)

requiring the persons forming the procession to travel in vehicles,

as the case may be.

(2) A magistrate who—

(a)

imposes a prohibition under subsection (1) (i) shall do so—

(i)

by notice in the Gazette; or

(ii)

by notice in a newspaper circulating where the prohibition is to apply; or

(iii)

by causing it to be made known by means of radio; or

(iv)

by causing notices to be distributed amongst the public and to be affixed in public or prominent places where the prohibition is to apply; or

(v)

by causing it to be announced orally where the prohibition is to apply;

(b)

issues a direction under subsection (1) (ii) shall do so by a written notice signed by him and addressed and delivered or tendered to the person desiring to convene or organize the gathering in question, and shall in addition publish that direction in a manner provided in paragraph (a): Provided that if the identity or whereabouts of the person desiring to convene or organize the gathering in question is unknown, or if in view of the urgency of the case it is not feasible to deliver or tender the said written notice to him, publication of the direction in a manner determined in paragraph (a) shall be sufficient.

(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.]

Power to close places to prevent prohibited gatherings.

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).

Dispersal of prohibited or riotous gatherings, and manner of dispersal.

48. (1) Whenever—

(a)

a gathering which has been prohibited in terms of section 46 takes place or is proceeded with; or

(b)

any of the persons attending a gathering (whether or not the gathering has been so prohibited)—

(i)

kill or seriously injure, or attempt to kill or seriously injure, or show a manifest intention of killing or seriously injuring, any person; or

(ii)

destroy or do serious damage to, or attempt to destroy or do serious damage to, or show a manifest intention of destroying or doing serious damage to, any valuable property, whether movable or immovable,

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.

Restriction as to use of firearms or other lethal weapons to disperse gatherings.

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—

(a)

kill or seriously injure, or attempt to kill or seriously injure, or show a manifest intention of killing or seriously injuring, any person;

(b)

destroy or do serious damage to, or attempt to destroy or do serious damage to, or show a manifest intention of destroying or doing serious damage to, any valuable property, whether movable or immovable.

(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.

Action to combat state of unrest.

50. (1) If a police officer of or above the rank of warrant officer is of the opinion—

(a)

(i)

that the actions of a particular person contribute towards the continuation of a state of public disturbance, disorder, riot or public violence which exists at any place within the Republic; and

(ii)

that the detention of that person will contribute towards the termination or combating of that state of public disturbance, disorder, riot or public violence; or

(b)

that the detention of a particular person will contribute towards the prevention of the resumption, at the same place or at any other place in the Republic, of such a state of public disturbance, disorder, riot or public violence,

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.

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

Saving of other laws as to dispersal of riotous gatherings.

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.

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.

Permission of magistrate required for processions, in addition to permission of certain authorities.

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 Provincial Government 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.

[Sub-s. (1) amended by s. 19 of Act No. 138 of 1991.]

(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

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; or

(d)

put in fear or demoralize the general public, a particular population group or the inhabitants of a particular area in the Republic, or to induce the said public or such population group or inhabitants to do or to abstain from doing any act,

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.

(2) Any person who with intent to achieve any of the objects specified in paragraphs (a) to (d), inclusive, of subsection (1)—

(a)

causes or promotes general dislocation or disorder at any place in the Republic, or attempts to do so;

(b)

cripples, prejudices or interrupts 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 attempts to do so;

(c)

interrupts, impedes or endangers 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, or attempts to do so;

(d)

endangers, damages, destroys, renders useless or unserviceable or puts 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, or attempts to do so;

(e)

prevents or hampers, or deters any person from assisting in, the maintenance of law and order at any place in the Republic, or attempts to do so;

(f)

impedes or endangers at any place in the Republic the free movement of any traffic on land, at sea or in the air, or attempts to do so;

(g)

causes, encourages or foments feelings of hostility between different population groups or parts of population groups of the Republic, or attempts to do so;

(h)

destroys, pollutes or contaminates any water supply which is intended for public use in the Republic, or attempts to do so;

(i)

in the Republic or elsewhere performs any act or attempts, consents or takes any steps to perform any act which results in or could have resulted in or promotes or could have promoted the commission of any of the acts or the bringing about of any of the results contemplated in paragraphs (a) to (h), inclusive;

(j)

conspires with any other person to commit, bring about or perform any of the acts or results contemplated in paragraphs (a) to (h), inclusive, or any act contemplated in paragraph (i), or to aid in the commission, bringing about or performance thereof; or

(k)

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

shall be guilty of the offence of subversion and liable on conviction—

(i)

to imprisonment for a period not exceeding twenty years; or

(ii)

if the act with which the accused had been charged and by virtue of which he was convicted resulted in the commission of violence and the court is of the opinion that in performing the said act the accused should have foreseen the commission of such violence as a reasonable possibility, to imprisonment for a period not exceeding twenty-five years.

(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—

(a)

subsection (1) does not prove that offence but does prove an offence in terms of subsection (2), (3) or (4);

(b)

subsection (2) does not prove that offence but does prove an offence in terms of subsection (3) or (4),

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 Provincial Government Act, 1961 (Act No. 32 of 1961);

“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 contemplated in section 84 (1) (f) of the Provincial Government 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.

[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.]

Offences in connection with unlawful organizations, and penalties therefor.

56. (1) Any person who—

(a)

contravenes any provision of section 13 (1) (a);

(b)

without the consent of the Minister, is in possession of any publication published or disseminated by or under the direction or guidance or on behalf of an unlawful organization;

(c)

knowingly permits any premises or any other property whatsoever, situated in the Republic, to be used for the purposes of or in connection with any offence in terms of section 57 (1) or paragraph (a) or (b) of this subsection;

(d)

refuses or fails to answer to the best of his knowledge any question which a liquidator has put to him in the exercise of his powers in terms of this Act;

(e)

refuses or fails to comply to the best of his ability with any requirement or direction of a liquidator in terms of this Act;

(f)

hinders a liquidator of an unlawful organization in the performance of his functions in terms of this Act or, without the consent of the liquidator, destroys, alters or removes any property or document held by that organization or held by any person for the benefit of that organization; or

(g)

contravenes the provisions of section 14 (13),

shall, subject to the provisions of subsections (2), be guilty of an offence and liable on conviction—

(i)

in the case of an offence referred to in paragraph (a), to imprisonment for a period not exceeding ten years;

(ii)

in the case of an offence referred to in paragraph (b) or (c), to imprisonment for a period not exceeding three years;

(iii)

in the case of an offence referred to in paragraph (d), (e), (f) or (g), to a fine not exceeding R4 000 or to imprisonment for a period not exceeding one year. or to both such fine and such imprisonment.

(2) No person shall be convicted of an offence referred to in subsection (1) (b) 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.

[S. 56 substituted by s. 22 of Act No. 138 of 1991.]

Offences in connection with certain gatherings, and penalties therefor.

57. (1) Any person who after the prohibition under section 46 (1) (i) or (3) of a gathering—

(a)

convenes it or encourages, promotes or by means of threats causes the attendance thereof, or presides thereat or addresses it;

(b)

prints, publishes, distributes or in any manner circulates a notice convening it, or advertises it or in any other manner makes it known; or

(c)

attends it,

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—

(i)

in the case of an offence referred to in paragraph (a), to a fine not exceeding two thousand rand or to imprisonment for a period not exceeding two years, and on a second or subsequent conviction to a fine not exceeding three thousand rand or to imprisonment for a period not exceeding three years;

(ii)

in the case of an offence referred to in paragraph (b) or (c), to a fine not exceeding five hundred rand or to imprisonment for a period not exceeding six months.

(2) Any person who—

(a)

holds any gathering in a manner contrary to any condition contained in a direction issued under section 46 (1) (ii);

(b)

attends any gathering so held in contravention of any such condition; or

(c)

attends any gathering to which such direction relates, where such attendance constitutes a contravention of any such condition,

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—

(a)

if he has caused a written notice to be published or distributed, inviting the public or any section of the public to assemble at a specified time and place;

(b)

if he has himself or through another person orally invited the public or any section of the public so to assemble; or

(c)

if he has taken an active part in making arrangements for the publication or distribution of such notice, or in organizing or making preparations for such 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.

Increased penalties for offences committed in certain circumstances.

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.

Incitement, etc., to commit an offence with certain objects.

59. Any person who—

(a)

in any manner whatsoever advises, encourages, incites, commands, aids or procures any other person or persons in general; or

(b)

uses any language or does any act or thing calculated to cause any person or persons in general,

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.

Prohibition of offer or acceptance of financial or other assistance for organized resistance against laws of Republic.

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—

(a)

assisting any campaign (conducted by means of any unlawful act or omission or the threat of such act or omission or by means which include or necessitate such act or omission or such threat) against any law, or against the application or administration of any law; or

(b)

enabling or assisting any person to commit any 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; or

(c)

unlawfully assisting any person who has committed any offence referred to in paragraph (b),

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,

Recovery of fines imposed in terms of section 58, 59 or 60.

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.

Prohibition of causing, encouragement or fomenting of feelings of hostility between different population groups.

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.

Forfeiture of property in respect of which certain offence has been committed.

63. (1) The court convicting any person of an offence referred to in section 56 (1) (c) 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.

[Sub-s. (1) amended by s. 23 of Act No. 138 of 1991.]

(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

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.]

Hearing of certain applications behind closed doors.

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.

Privilege arising out of considerations relating to security of State.

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.

Joint trial of certain accused.

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—

(a)

whether jointly or severally, offences in terms of section 54;

(b)

at the same time and place or at the same place and at approximately the same time, offences under this Act; or

(c)

at the same time and place or at the same place and at approximately the same time, similar offences 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,

such persons may be tried jointly for such offences on that indictment, summons or charge.

Jurisdiction of courts and venue of trial.

68. (1) Notwithstanding anything to the contrary in any law or the common law contained—

(a)

any offence under this Act shall, for the purposes of determining the jurisdiction of a court to try the offence, be deemed to have been committed at the place where it actually was committed and also at any place where the accused happens to be, and any attorney-general in the Republic shall have jurisdiction in respect of such offence committed outside the area of jurisdiction of that attorney-general, as if it had been committed within such area of jurisdiction;

(b)

the trial of any person accused of having committed any offence in terms of section 54 may, subject to the provisions of this section, be held at any time and at any place within the area of jurisdiction of the court concerned.

(2) If the Minister 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 Minister may determine.

[Sub-s. (2) substituted by s. 25 (a) of Act No. 138 of 1991.]

(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, the laws relating to procedure and evidence of the Republic shall apply in respect of such trial.

[Sub-s. (3) amended by s. 25 (b) of Act No. 138 of 1991.]

(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.

Presumptions and evidence.

69. (1) If in any prosecution in terms of this Act in which it is alleged that any person is or was a member 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 of that organization.

[Sub-s. (1) substituted by s. 26 (a) of Act No. 138 of 1991.]

[Sub-s. (2) and (3) deleted by s. 26 (b) of Act No. 138 of 1991.]

(4) In any prosecution for an offence in terms of this Act, any document, book, record, pamphlet or other publication or written instrument—

(a)

which has been found in or removed from the possession, custody or control of the accused or of any person who was at any time an office-bearer or officer or a member of an organization of which the accused is alleged to be or to have been an office-bearer or officer or a member;

(b)

which has been found in or removed from any office or other premises occupied or used at any time by any organization of which the accused is alleged to be or to have been an office-bearer or officer or a member, or by any person in his capacity as an office-bearer or officer of such organization; or

(c)

which on the face thereof has been compiled, kept, maintained, used, issued or published by or on behalf of any organization of which the accused is alleged to be or to have been an office-bearer or officer or a member, or by or on behalf of any person having a name corresponding substantially to that of the accused,

and any reproduction of such document, book, record, pamphlet, other publication or written instrument, shall be admissible in evidence against the accused as prima facie proof of the contents thereof.

[Sub-s. (4) substituted by s. 26 (c) of Act No. 138 of 1991.]

(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.

[Sub-s. (9) deleted by s. 26 (d) of Act No. 138 of 1991.]

Chapter 8

Supplementary Provisions

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

Seizure of money or other articles transmitted through post for certain purposes.

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).

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.]

Repeal of laws, and savings.

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.

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

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 repealed by s. 29 of Act No. 138 of 1991.]

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 of this Act.

[Item amended by s. 30 of Act No. 138 of 1991.]

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

[Contents of Schedule 4 deleted by Proclamation No. R. 21 of 1990 made in terms of section 69 (7) (b).]

Internal Security Act, 1982/1991-07-31

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