Internal Security Act, 1950/1978-06-02

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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 Criminal Procedure Matters Amendment Act, No. 79 of 1978

 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) Any person arrested and detained under a warrant in terms of subsection (1) shall be detained for the period terminating on the day on which the criminal proceedings concerned are concluded, unless—

the attorney-general orders that he be released earlier; or

such proceedings have not commenced within six months from the date on which he was so arrested, in which case he shall be released after the expiration of such 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).

