Page:Internal Security Act 1982 South Africa.pdf/26

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(2) Notwithstanding the provisions of any other law, any person arrested by virtue of a warrant under subsection (1) shall, as soon as possible, be taken to the place specified in the warrant and detained there or at any other place determined by the attorney-general from time to time, in accordance with regulations made by the Minister of Justice.

(3) Any person arrested and detained under a warrant referred to in subsection (1) shall be detained for the period terminating on the day on which the criminal proceedings in question are concluded, unless—

(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.

Certain disqualifications for membership of House of Assembly or a provincial council.

33. (1) If a committee of the House of Assembly reports to the House of Assembly in connection with any member of the House of Assembly or of a provincial council—

(a)

that the name of such member appears on the consolidated list and that there are no circumstances which would justify the removal of his name from the list; or

(b)

that such member has been convicted of an offence in terms of section 54, 55 or 56; or

(c)

that such member is or was at any time before or after the commencement of this Act an office-bearer, officer, member or active supporter of the organization known as the Communist Party of South Africa, whether or not his name appears on the consolidated list, or that he has at any time before or after the commencement of this Act advocated, advised, defended or encouraged the achievement in the Republic of any of the objects of communism, or any act or omission calculated to further the achievement thereof,

the Minister may, if the said report is approved by the House of Assembly and the House of Assembly does not recommend that no action be taken, notify that member and also the Speaker of the House of Assembly or the Chairman of the pro-