Page:Internal Security Act 1982 South Africa.pdf/9

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
Government Gazette, 9 June 1982
No. 8232     17

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

(i)

in the case of an inquiry in respect of an organization, by means of a written notice signed by the said chairman and addressed to the organization or any office-bearer or officer thereof, notify that organization of the inquiry as well as of the fact that within a period which is specified in the notice, but which shall not exceed a period of twenty-one days from the date of the notice, written representations on behalf of the organization may be made to the advisory committee and oral evidence may be adduced before the advisory committee on behalf of the organization;

(ii)

in the case of an inquiry in respect of a periodical or other publication, by means of a written notice signed by the said chairman, notify the proprietor, publisher or responsible editor thereof of the inquiry as well as of the fact that within a period which is specified in the notice, but which shall not exceed a period of twenty-one days from the date of the notice, written representations in connection with the said publication may be made to the advisory committee and oral evidence in connection therewith may be adduced before the advisory committee.

(b) If no address of an organization and no address of any office-bearer or officer thereof is known to the advisory committee in question, or if the identity or address of neither the proprietor nor the publisher or responsible editor of a periodical or other publication is known to such advisory committee, the chairman thereof may cause a notice as contemplated in subparagraph (i) or (ii), whichever is applicable, of paragraph (a), to be published in the Gazette, and such publication in the Gazette shall be deemed to constitute notification in terms of paragraph (a) and the date of publication shall be deemed, for the purposes of paragraph (a), to be the date of the notice.

(6) A member of an advisory committee who is not a judge referred to in subsection (2) (a) and who is not subject to the provisions of the Public Service Act, 1957 (Act No. 54 of 1957), shall be paid such remuneration. including reimbursement for transport, travelling and subsistence expenses incurred by him in the performance of his functions as such a member, as the Minister of Justice may with the concurrence of the Minister of Finance from time to time determine.

(7) If at any stage during an inquiry in terms of subsection (3) any member of the advisory committee in question dies or vacates his office for any other reason, the State President shall, subject to the provisions of subsection (2), appoint another person in his place, and the said inquiry shall thereupon be continued by the advisory committee as so constituted.


Decisions and procedure of, and subpoenaing of witnesses by, advisory committee.

8. (1) The decision of two of its members shall constitute a decision of an advisory committee.

(2) The procedure to be followed by an advisory committee at an inquiry referred to in section 7 (3), and the place where the inquiry is to be held, shall be determined by the chairman of that advisory committee at his discretion with due regard to the circumstances of the case.

(3) For the purposes of an inquiry referred to in subsection (2), an advisory committee may direct any person to appear before it to—

(a)

give evidence; or

(b)

produce any document in his possession or under his control,
which, in the opinion of that advisory committee, has a bearing on the matter being inquired into by the advisory committee, and the advisory committee and the Director or a person authorized thereto by the Director may examine such person or any