Internal Security Act, 1982/1986-06-26

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as amended by

Internal Security Amendment Act, No. 55 of 1986

 50A. (1) If a police officer of or above the rank of warrant officer is of the opinion that the detention of a particular person will contribute to the termination, combating or prevention of public disturbance, disorder, riot or public violence at any place within the Republic, he may without warrant arrest that person or cause him to be arrested and cause him to be detained without a warrant of detention for a period not exceeding 48 hours in a prison as referred to in section 20 (1) of the Prisons Act, 1959 (Act No. 8 of 1959), including a police cell or lock-up.

(2) If a commissioned officer as defined in section 1 of the Police Act, 1958 (Act No. 7 of 1958), of or above the rank of lieutenant-colonel is of the opinion that the further detention of a person referred to in subsection (1) will contribute to the termination, combating or prevention of public disturbance, disorder, riot or public violence at any place within the Republic, such officer may, under a written order signed by him, have such person so detained for the further period ordered in the written order or until that person’s earlier release is ordered by any such officer: Provided that no such person shall, on any particular occasion when he is being detained in terms of the provisions of this section, be so detained for a period exceeding 180 days as from the date of his arrest.

(3) Any person detained under an order referred to in subsection (2) may at any time make representations in writing to the Minister relating to his detention, and the Minister may at any time order the release of such a person.

(4) Any person being detained under an order referred to in subsection (2) may be removed, in custody, from the prison in which he is being detained, to and be detained in any other prison, should the Minister, or a person authorized thereto by the Minister, so order in writing.

(5) The Minister of Justice may make regulations to regulate the circumstances in which persons referred to in subsections (1) and (2) may be detained.

(6) In case of a conflict between any regulation made under subsection (5) and any provision of the Prisons Act, 1959 (Act No. 8 of 1959), or any regulation or Prisons Service Order made under the said Act, or any official instruction, order or other act of or by the Commissioner of Prisons, the said regulation shall apply.

(7) (a) Any person who contravenes or fails to comply with any regulation made under subsection (5), shall be guilty of an offence.

(b) The provisions of sections 52 (a) and 54 of the Prisons Act, 1959 (Act No. 8 of 1959), with reference to an offence, and a contravention of or failure to comply with a regulation referred to therein, respectively, shall mutatis mutandis apply with respect to an offence referred to in paragraph (a).

(8) The Commissioner shall, as soon as possible after the arrest of any person in terms of the provisions of subsection (1), notify the Minister of the name of that person and the place where he is being detained unless such person has in terms of the provisions of this section been released from detention before the Commissioner could reasonably have effected such notification.

(9) (a) If a person detained under an order referred to in subsection (2) has at the expiration of a period of three months as from the date of his arrest not yet been released from detention in terms of this section, the Commissioner in person or a police officer designated by him for that purpose shall adduce reasons before a board of review as to why the said person shall not be released.

(b) At proceedings for the hearing of reasons adduced before it in terms of paragraph (a), the board of review shall consider such written representations, if any, as the person whose further detention in terms of this section is in issue, wishes to submit in connection with the matter, and may in its discretion also hear oral evidence or representations from that person.

(c) At the conclusion of the proceedings referred to in paragraph (b), the board of review shall submit to the Minister a written report with regard to the proceedings and its findings.

(d) The provisions of section 8 (8) shall mutatis mutandis apply in respect of the proceedings of the board of review as contemplated in paragraph (b).

(10) (a) This section shall only be applied if the State President by proclamation in the Gazette declares the provisions thereof to be applicable.

(b) Any proclamation referred to in paragraph (a) may from time to time be issued by the State President and may at any time in like manner be withdrawn by him.

(c) Any proclamation issued under paragraph (a) shall be tabled in Parliament within 14 days after publication thereof in the Gazette if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ensuing ordinary session. [S. 50A inserted by s. 1 of Act No. 66 of 1986.]

