Page:Internal Security Act 1982 South Africa.pdf/8

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(5) Any person being questioned under subsection (3) (f) or (g) shall be entitled to all the privileges to which a person giving evidence before a provincial division of the Supreme Court of South Africa is entitled.

(6) The Minister may appoint a person as an assistant or two or more persons as assistants to an authorized officer to discharge duties and exercise powers, subject to the control and directions of such authorized officer, imposed or conferred upon an authorized officer by or under this section.

Appointment and functions of advisory committee.

7. (1) The Minister shall not exercise. in respect of any organization, the powers conferred upon him by section 4 (1) or, in respect of any periodical or other publication, the powers conferred upon him by section 5 (1) unless he has considered a factual report and recommendation made to him in terms of the provisions of this section regarding the organization or periodical or other publication in question by a committee (hereinafter referred to as an advisory committee).

(2) The members of an advisory committee shall be appointed by the State President on the recommendation of the Minister of Justice and shall consist of—

(a)

a judge of the Supreme Court of South Africa or a person who has held office as such a judge, or a person who has held office as a magistrate of the rank of chief magistrate or as a magistrate of a regional division, or any other person, except a person in the service of the State, who by virtue of his qualifications is entitled to be admitted and authorized to practise and be enrolled as an advocate in terms of the provisions of section 3 of the Admission of Advocates Act, 1964 (Act No. 74 of 1964), and who, after obtaining such qualitications, was concerned in the application of the law for a continuous period of not less than ten years, who shall also be the chairman of the advisory committee; and

(b)

two other persons, one of whom shall he a person holding a degree or diploma in law.

(3) An advisory committee appointed under subsection (2) shall inquire into all matters relating to the organization in question or the periodical or other publication in question, as the case may be, which, in the opinion of the advisory committee, are relevant for the purposes of a decision as to whether or not the Minister ought to exercise his powers referred to in subsection (1) in respect of the organization in question or the periodical or other publication in question, as the case may be, and shall after completion of its inquiry—

(a)

furnish the Minister with a factual report relating to the

organization or periodical or other publication in question; and

(b)

recommend to the Minister—

(i)

that the organization in question be declared an unlawful organization in terms of the provisions of section 4 (1) or that the printing, publication or dissemination of the periodical publication in question or the dissemination of the other publication in question be prohibited in terms of the provisions of section 5, as the case may be; or

(ii)

that no steps in terms of the said provisions be taken in respect of the organization or periodical or other publication in question, as the case may be,

depending on the conclusion to which the advisory committee came as a result of its inquiry.

(4) At an inquiry in terms of subsection (3) an advisory committee shall consider all facts and representations submitted to it in writing and may in its discretion also hear oral evidence from any person.

(5) (a) Unless an advisory committee is of the opinion that it would not be in the public interest to do so, the chairman of that advisory committee shall—