Page:Internal Security Act 1982 South Africa.pdf/24

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(bb)

in the case where the attorey-general decides to institute a prosecution against the said person, the relevant indictment is served upon the said person; or

(ii)

the said person’s release is ordered under subsection (5),

whichever takes place first.

(2) (a) The commissioned officer referred to in subsection (1) shall as soon as possible after an arrest in terms of that subsection notify the Commissioner thereof, and the Commissioner shall as soon as possible after having been so notified advise the Minister of the name of the person so arrested and the place where he is being detained and shall—

(i)

once a month furnish the Minister with reasons why the said person should not be released; and

(ii)

if the said person has at the expiration of a period of six months as from the date of his arrest not yet been released from detention in terms of this section, and thereafter at intervals of not less than three months while such person is so in detention, in person or through a commissioned officer referred to in subsection (1), designated by him for that purpose, adduce reasons before a board of review as to why the said person should not be released.

(b) At proceeding for the hearing of reasons adduced before it in terms of paragraph (a) (ii). the board of review shall consider such written representations, if any, as the person whose further detention in terms of this section is in issue, wishes to submit in connection with the matter, and may in its discretion also hear oral evidence or representations from that person.

(c) At the conclusion of the proceedings referred to in paragraph (b), the board of review shall submit to the Minister a written report relating to the proceedings and its findings.

(d) The provisions of section 8 (8) shall mutatis mutandis apply in respect of the proceedings, referred to in paragraph (b), of the board of review.

(3) (a) Notwithstanding the provisions of subsection (1) no person shall be detained in terms of the provisions of that subsection for a period exceeding thirty days as from the date of his arrest, except under a written authority for his further detention granted by the Minister.

(b) The Minister shall not grant any authority referred to in paragraph (a) unless he is satisfied, on the ground of a written application which is signed by the Commissioner and in which full reasons are given as to why the person concerned should not be released, that the further detention of the person concerned is necessary for the purposes of the interrogation in question.

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

(4) Any person detained in terms of the provisions of this section may at any time make representations in writing to the Minister relating to his detention or release.

(5) The Minister may at any time order the release of any person detained in terms of the provisions of this section.

(6) No court of law shall have jurisdiction to pronounce upon the validity of any action taken in terms of this section, or to order the release of any person detained in terms of the provisions of this section.

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