Page:Internal Security Act 1982 South Africa.pdf/33

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Government Gazette, 9 June 1982
No. 8232     65

Internal Security Act, 1982
Act No. 74, 1982.

(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.


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).