Page:Internal Security Act 1982 South Africa.pdf/32

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(6) Notwithstanding anything to the contrary contained in this Act the Minister may at any time of his own accord submit, mutatis mutandis in accordance with the provisions of section 38, the case of any person referred to in subsection (1) (a) or (b) to a board of review for the investigation and consideration thereof, and the making of a recommendation in connection therewith to the Minister, by the board of review.

Appointment of Inspectors of Detainees.

44. (1) The Minister of Justice may appoint so many persons as he may deem necessary as Inspectors of Detainees and may from time to time appoint a person as an acting Inspector of Detainees to perform the functions of a particular Inspector of Detainees whenever such Inspector of Detainees is for any reason unable to perform his functions.

(2) Every Inspector of Detainees shall be so appointed to perform in respect of a particular part of the Republic the functions prescribed by section 45.

(3) An Inspector of Detainees shall hold office on such conditions, including conditions pertaining to remuneration and allowances, as the Minister of Justice may with concurrence of the Minister of Finance from time to time determine.

Functions of Inspectors of Detainees.

45. (1) An Inspector of Detainees shall as frequently as possible visit every person who is under the provisions of section 29 being detained within the area in respect of which such inspector has been appointed as such, so as to satisfy himself as to the well-being of that person.

(2) A visit referred to in subsection (1) shall take place in private: Provided that if the Inspector of Detainees deems it necessary for the purposes of an interview with any person visited by him in terms of that subsection, an interpreter may be present.

(3) An Inspector of Detainees shall in writing report any matter in connection with the circumstances of a person referred to in subsection (1) which in the opinion of the said inspector needs to be rectified, to the person in charge of the place where such first-mentioned person is being detained and shall furnish the Minister as well as the Commissioner with a copy of such report.

(4) An Inspector of Detainees shall after each visit referred to in subsection (1), fully and in writing report to the Minister regarding his findings during that visit and regarding steps, if any, taken by him in terms of subsection (3), and may in such report make such recommendations as he may deem necessary.

(5) Whenever an Inspector of Detainees is of the opinion, on the ground of his findings during any visit referred to in subsection (1), that an offence may have been committed in respect of a person referred to in subsection (1) during such person’s detention, he shall furnish the attorney-general concerned with a copy of the report referred to in subsection (4).

Chapter 5

Measures in Connection with Certain Gatherings

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