Page:Internal Security Act 1982 South Africa.pdf/5

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Chapter 2

Measures in Respect of Certain Organizations and Certain Publications

Declaration of certain organizations as unlawful.

4. (1) If the Minister is satisfied—

(a)

any organization engages in activities which endanger or are calculated to endanger the security of the State or the maintenance of law and order;

(b)

that—

(i)

any organization professes, by its name or otherwise, to be an organization for propagating the principles or promoting the spread of communism;

(ii)

the purpose or one of the purposes of any organization is to propagate the principles or to promote the spread of communism;

(iii)

any organization engages in activities for the achievement of any of the objects of communism;

(c)

that any organization is controlled, directly or indirectly, by an organization referred to in paragraph (a) or (b); or

(d)

that any organization carries on or has been established for the purpose of carrying on, directly or indirectly, any of the activities of an unlawful organization,

he may, subject to the provisions of sections 7 and 10, without notice to the organization in question, by notice in the Gazette declare that organization to be an unlawful organization.

(2) (a) The Minister may by notice in the Gazette declare that any body, organization, group or association of persons, institution, society or movement described in or known by a name specified in the notice and which in his opinion exists, or existed at any time after 7 April 1960—

(i)

is in fact a body or organization specified in the notice which by virtue of a notice under subsection (1) or by virtue of the provisions of paragraph (a) of the definition of “unlawful organization” is an unlawful organization;

(ii)

was in fact at all times subsequent to a date specified in the notice, not being earlier than 8 April 1960, a body or organization so specified which by vinue of a notice under subsection (1) or by virtue of the provisions of paragraph (a) of the definition of “unlawful organization” is an unlawful organization,

and thereupon the said body, organization, group or association of persons, institution, society or movement shall in any criminal proceedings be deemed to exist or to have existed at all such times, as the case may be, and to be or to have been at all such times, as the case may be, the said unlawful organization.

(b) In any criminal proceedings any act or omission proved with reference to any body, organization, group or association of persons, institution, society or movement corresponding to the description or known by a name corresponding to the name of a body, organization, group or association of persons, institution, society or movement in respect of which a notice has been issued under this subsection, shall be deemed to have been proved with reference to the unlawful organization specified in the notice.

(c) Whenever in any notice under this subsection a date is specified in terms of paragraph (a) (ii), any person who