Internal Security Act, 1950/1976-06-16

​

To declare the Communist Party of South Africa to be an unlawful organization; to make provision for declaring other organizations promoting communistic activities or activities endangering the security of the State or the maintenance of public order to be unlawful and for prohibiting certain periodical or other publications; to prohibit certain communistic or other undesirable activities; to regulate the release on bail or otherwise of persons arrested for certain offences; to provide for the detention of certain witnesses; and to make provision for other incidental matters.

as amended by

Suppression of Communism Amendment Act, No. 50 of 1951 Riotous Assemblies and Suppression of Communism Amendment Act, No. 15 of 1954 General Law Amendment Act, No. 76 of 1962 General Law Amendment Act, No. 37 of 1963 General Law Amendment Act, No. 80 of 1964 Suppression of Communism Amendment Act, No. 97 of 1965 Suppression of Communism Amendment Act, No. 8 of 1966 General Law Amendment Act, No. 62 of 1966 Suppression of Communism Amendment Act, No. 24 of 1967 General Law Amendment Act, No. 102 of 1967 General Law Amendment Act, No. 70 of 1968 Suppression of Communism Amendment Act, No. 2 of 1972 General Law Amendment Act, No. 57 of 1975 Internal Security Amendment Act, No. 79 of 1976

2. (1) The Communist Party of South Africa, including every branch, section or committee thereof and every local, regional or subsidiary body forming part thereof, is hereby declared to be an unlawful organization.

(2) If the State President is satisfied—

that any other organization professes or has on or after the fifth day of May, 1950, and before the commencement of this Act, professed by its name or otherwise, to be an organization for propagating the principles or promoting the spread of communism; or

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

that any organization engages in activities which are calculated to further the achievement of any of the objects referred to in paragraph (a), (b), (c) or (d) of the definition of “communism” in section one; or

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

that any organization is controlled, directly or indirectly, by an organization referred to in sub-section (1) or paragraph (a), (b), (c) or (cA) of this subsection; or

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 without notice to the organization concerned by proclamation in the Gazette declare that organization to be an unlawful organization, and the State President may in like manner withdraw any such proclamation.

(3) The provisions of subsection (2) (b), (c), (cA), (d) and (e) shall not apply in relation to an employers’ organization or trade union registered under the Industrial Conciliation Act, 1956 (Act No. 28 of 1956), or to any employers’ organization or trade union whose registration under the said Act has been cancelled in terms of section 14 of the said Act, until such organization or trade union or any office-bearer, officer or member thereof has had a reasonable opportunity of exhausting, in respect of such cancellation, the remedies provided in section 16 or 27 of the said Act.

6. If the State President is satisfied that any periodical or other publication—

professes, by its name or otherwise, to be a publication for propagating the principles or promoting the spread of communism; or

is published or disseminated by or under the direction or guidance of an organization which has been declared an unlawful organization by or under section two, or was published or disseminated by or under the direction or guidance of any such organization immediately prior to the date upon which it became an unlawful organization; or

serves inter alia as a means for expressing views propagated by any such organization, or did so serve immediately prior to the said date; or

serves inter alia as a means for expressing views or conveying information, the publication of which is calculated to further the achievement of any of the objects of communism; or

serves inter alia as a means for expressing views or conveying information the publication of which is calculated to endanger the security of the State or the maintenance of public order, or

is a continuation or substitution, whether or not under another name, of any periodical or other publication the printing, publication or dissemination whereof has been prohibited under this section,

he may, without notice to any person concerned, by proclamation in the Gazette prohibit the printing, publication or dissemination of such periodical publication or the dissemination of such other publication; and the State President may in like manner withdraw any such proclamation.

9. (1) Whenever the Minister is satisfied that any person engages in activities which are furthering or are calculated to further the achievement of any of the objects of communism or which endanger or are calculated to endanger the security of the State or the maintenance of public order, he may by notice under his hand addressed and delivered or tendered to that person, prohibit him from attending, except in such cases as may be specified in the notice or as the Minister or magistrate acting in pursuance of his general or special instructions may at any time expressly authorize—

any gathering; or

any particular gathering or any gathering of a particular nature, class or kind,

at any place or in any area during any period or on any day or during specified times or periods within any period.

(2) If any person to whom a notice has been delivered or tendered under sub-section (1) requests the Minister in writing to furnish him with the reasons for such notice and with a statement of the information which induced the Minister to issue such notice, the Minister shall furnish such person with a statement in writing setting forth his reasons for such notice and so much of the information which induced the Minister to issue the notice as can, in his opinion, be disclosed without detriment to public policy.

(3) The Minister may in the manner provided in sub-section (2) of section two of the Riotous Assemblies Act, 1956 (Act No. 17 of 1956), prohibit the assembly, except in such cases as he may specify when imposing the prohibition or as may thereafter be expressly authorized by him or a magistrate acting in pursuance of his general or special instruction—

of any gathering; or

of any particular gathering or any gathering of a particular nature, class or kind,

at any place or in any area during any period or on any day or during specified times or periods within any period, if he deems it to be necessary in order to combat the achievement of any of the objects of communism.

(4) The Minister may. in the manner in which any prohibition under this section was imposed, at any time withdraw or vary such prohibition.

10. (1) (a) If the name of any person appears on any list in the custody of the officer referred to in section eight or the Minister is satisfied that any person—

advocates, advises, defends or encourages the achievement of any of the objects of communism or any act or omission which is calculated to further the achievement of any such object; or

is likely to advocate, advise, defend or encourage the achievement of any such object or any such act or omission; or

engages in activities which are furthering or may further the achievement of any such object; or

engages in activities which endanger or are calculated to endanger the security of the State or the maintenance of public order,

the Minister may by notice under his hand addressed and delivered or tendered to any such person and subject to such exceptions as may be specified in the notice or as the Minister or a magistrate acting in pursuance of his general or special instructions may at any time authorize in writing, prohibit him, during a period so specified, from being within or absenting himself from any place or area mentioned in such notice or, while the prohibition is in force, communicating with any person or receiving any visitor or performing any act so specified: Provided that no such prohibition shall debar any person from communicating with or receiving as a visitor any advocate or attorney managing his affairs whose name does not appear on any list in the custody of the officer referred to in section eight and in respect of whom no prohibition under this Act by way of a notice addressed and delivered or tendered to him is in force.

(a)bis Notwithstanding anything to the contrary in any law contained, the Minister may, if he is satisfied that any person engages in activities which endanger or are calculated to endanger the security of the State or the maintenance of public order, by notice under paragraph (a) prohibit such person from absenting himself from any place or area which is or is within a prison as defined in section 1 of the Prisons Act, 1959 (Act No.8 of 1959), and a copy of the notice signed by the Minister or certified by any officer acting under his authority to be a true copy shall be deemed to be a warrant referred to in section 27 (2) (e) of the Prisons Act, 1959, and the person to whom the notice applies shall. subject to such conditions as the Minister may from time to time determine in general or in a particular case, be detained in custody in such place or area for such period as the notice may be in force.

(a)ter Any member of the South African Police who has received information that a notice referred to in paragraph (a)bis has been issued in respect of any person, may, before the notice has been delivered or tendered to such person, without the required warrant arrest him and keep him in custody until the notice has been delivered or tendered to him, but for not more than seven days.

(a)quin A telegram purporting to be from the Secretary for Justice or any officer acting under his authority, stating that a notice has been issued under this section prohibiting a specified person from absenting himself for a specified period from a specified place or area which is or is within a prison, shall have the effect of such notice or a copy thereof certified by the said Secretary or officer to be a true copy: Provided that if any such telegram is used in lieu of the notice or copy thereof concerned, the said Secretary or officer shall as soon as may be forward the notice or copy, as the case may be, to the officer in charge of the prison where the person to whom the notice applies is to be detained under such notice, and the last-mentioned officer shall hand over any such notice received by him to such person at his request.

(b) The Minister may at any time by like notice withdraw or vary any such notice.

(bA) The provisions of paragraphs (a)bis, (a)ter and (a)quin shall be in force only during such period not exceeding twelve months at a time and in such part of the Republic as the State President may from time to time determine by proclamation in the Gazette: Provided that any person who has by notice under paragraph (a)bis been prohibited from absenting himself from any place or area therein referred to, shall, if the Minister so directs, be removed in custody from such place or area and be detained in custody, for such period as the notice may be in force, in any other place or area referred to in that paragraph, in any other part of the Republic, as if the said notice applied in respect of such other place or area.

(c) While any notice issued under paragraph (a) or paragraph (a) read with paragraph (a)bis is in force, the period of the prohibition in question specified in such notice may be extended by a notice under the hand of the Minister addressed and delivered or tendered to the person concerned.

(1)bis. If any person to whom a notice has been delivered or tendered under sub-section (1) requests the Minister in writing to furnish him with the reasons for such notice, and with a statement of the information which induced the Minister to issue such notice, the Minister shall furnish such person with a statement in writing setting forth his reasons for such notice and so much of the information which induced the Minister to issue the notice as can, in his opinion, be disclosed without detriment to public policy.

(1)ter. Without prejudice to the provisions of sub-section (1) the Minister may, before deciding to impose any prohibition on any person under the said sub-section, require any magistrate to administer to such person a warning to refrain from engaging in any activities calculated to further the achievement of any of the objects of communism.

(2) Whenever any person who has received a notice in terms of sub-section (1) is necessarily put to any expense in order to comply with such notice, the Minister may in his discretion cause such expense, or any part thereof, to be defrayed out of moneys appropriated by Parliament for the purpose and may further in his discretion, cause to be paid out of such moneys to such person a reasonable subsistence allowance during any period whilst such notice applies to him.

(3) Any person who has by notice under this section been prohibited from being within or absenting himself from any place or area may, if, at the time the notice is delivered or tendered to him or at any time thereafter, he is at or in or, as the case may be, elsewhere than at or in that place or area, be arrested without warrant by any member of the South African Police and be removed from or to such place or area by that member or any other such member and may pending his removal be detained in custody.

(4) Any person who has by notice under this section been prohibited from absenting himself from any place or area, shall be deemed to have absented himself from such place or area, if, at any time after the notice has been delivered or tendered to him, he is elsewhere than at such place or in such area.

10sex. (1) The State President shall appoint for such period and such part of the Republic as may be determined in any proclamation referred to in section 10 (1) (bA), a review committee consisting of a judge of the Supreme Court of South Africa or a magistrate or a person who has held office as such judge. or magistrate, as chairman and two other persons as members, and the State President may for good reason from time to time withdraw the appointment of such a chairman or member and appoint a substitute.

(2) As soon as may be, but not later than two months after the commencement of any person’s custody in terms of section 10 (1) (a)bis the review committee shall investigate the Minister’s action in terms of that section in respect of such person, and thereafter the review committee shall investigate his custody in terms of that section at intervals of not more than six months.

(3) At an investigation in terms of subsection (2) the review committee shall consider all facts and representations submitted to it in writing and may in its discretion also hear oral evidence or representations from any person.

(4) Any person desiring to make written representations to the review committee, shall deliver them to the Secretary for Justice, and any person desiring to submit oral evidence or representations, shall notify the Secretary for Justice thereof.

(5) After an investigation in terms of subsection (2) the review committee shall make such recommendation as it may think fit to the Minister, who shall notify the person concerned as soon as possible of the contents of such recommendation.

(6) The Minister need not give effect to any recommendation of the review committee.

(7) If the Minister does not give effect to a recommendation of the review committee that a notice issued under section 10 (1) (a)bis be withdrawn, he shall within one month after the recommendation has come to his notice, or if Parliament is not then in session, within one month after the commencement of Parliament’s first ensuing session, lay upon the Tables of the Senate and the House of Assembly a report stating the recommendation made by the review committee, the name of the person detained in custody concerned and the fact that the Minister has not given effect to the recommendation.

(8) No person shall attend the proceedings of the review committee, except a person engaged in submitting oral evidence or representations in terms of subsection (3) and persons in the service of the State whose presence is considered necessary by the chairman.

(9) The review committee’s deliberations and recommendations shall not be disclosed, except to a person whose duty it is to deal with the subject matter of the disclosure.

(10) No person. other than a person in the service of the State while performing his official functions, shall have the right to inspect any records of the review committee.

(11) No court of law shall have jurisdiction to pronounce upon the functions or recommendations of the review committee.

(12) (a) The regulations made under section 4 (b) of the Judges’ Remuneration and Pensions Act, 1975 (Act No. 14 of 1975), shall apply mutatis mutandis to a member of the review committee who is a judge of the Supreme Court of South Africa.

(b) A member of the review committee who is not a judge or who is not subject to the provisions of the Public Service Act, 1957 (Act No. 54 of 1957), shall be entitled to such remuneration, including reimbursement for travelling and subsistence expenses incurred by him in the performance of his duties under this Act, as the Minister in consultation with the Minister of Finance may determine.

 12A. (1) Whenever any person has been arrested on a charge of having committed any offence referred to in the Schedule, the attorney-general may, if he considers it necessary in the interest of the safety of the State or the maintenance of public order, issue an order that such person shall not be released on bail or otherwise before sentence has been passed or he has been discharged.

(2) (a) Notwithstanding the provisions of any other law, but subject to the provisions of subsection (3), no person shall be released on bail or otherwise contrary to the terms of an order issued under subsection (1).

(b) Whenever any person arrested for an offence referred to in subsection (1) applies to be released on bail or otherwise and the public prosecutor informs the judge, court or magistrate to whom or to which the application is made that the matter has been referred to the attorney-general concerned with a view to the issuing of an order under subsection (1), such person shall, pending the decision of the attorney-general, not be released on bail or otherwise: Provided that if no such order is issued within the period of fourteen days immediately following upon the date on which such judge, court or magistrate is so informed, such person may again apply to be released on bail or otherwise and may, subject to the provisions of any law, be so released.

(3) The attorney-general may at any time before its expiration rescind any order issued under subsection (1).

(4) Any telegraphic copy purporting to be a copy of an order under subsection (1) transmitted by telegraph, shall for all purposes be prima facie proof of the facts set forth in such copy.

  12B. (1) Whenever in the opinion of the attorney-general there is any danger of tampering with or intimidation of any person likely to give material evidence for the State in any criminal proceedings in connection with facts which may serve as a basis for a charge relating to an offence referred to in the Schedule or that any such person may abscond, or whenever he deems it to be in the interests of such person or of the administration of justice, he may issue a warrant for the arrest and detention of such person.

(2) Notwithstanding the provisions of any other law, any person arrested by virtue of a warrant under subsection (1) shall, as soon as may be, be taken to the place mentioned in the warrant and detained there or at any other place determined by the attorney-general from time to time, in accordance with regulations which the Minister is hereby authorized to make.

(3) Unless the attorney-general orders that a person detained under subsection (1) be released earlier, such person shall be detained for the period terminating on the day on which the criminal proceedings concerned are concluded or for a period of six months after his arrest by virtue of a warrant under subsection (1), whichever may be the shorter period.

(4) No person, other than an officer in the service of the State acting in the performance of his official duties, shall have access to a person detained under subsection (1), except with the consent of and subject to the conditions determined by the attorney-general or an officer in the service of the State delegated thereto by him.

(5) Any person detained under subsection (1) shall be visited in private at least once during each week by the magistrate or an additional or assistant magistrate of the district in which he is detained.

(6) For the purposes of section 218 of the Criminal Procedure Act, 1955 (Act No. 56 of 1955), any person detained under subsection (1) shall be deemed to have attended the criminal proceedings in question as a witness for the State during the whole of the period of his detention.

(7) No court shall have jurisdiction to order the release from custody of any person detained under subsection (1) or to pronounce upon the validity of any regulation made under subsection (2) or the refusal of the consent required in terms of subsection (4) or any condition referred to in subsection (4).

  12C. The State President may from time to time by proclamation in the Gazette remove from or add to the Schedule any offence mentioned in the proclamation.



19. This Act shall be called the Internal Security Act, 1950.

Schedule

Sedition.

Contravention of the provisions of paragraph (a), (b), (b)bis, (b)ter, (c), (d). (d)bis or (d)ter of section 11 of this Act or this Act as applied by any other law.

Contravention of section 21 of the General Law Amendment Act, 1962 (Act No. 76 of 1962).

Contravention of section 2 or 3 of the Terrorism Act, 1967 (Act No. 83 of 1967).

Any conspiracy, incitement or attempt to commit any of the above-mentioned offences.

Treason.