Internal Security Act, 1982/1991-07-31

​

as amended by

Internal Security Amendment Act, No. 55 of 1986

Proclamation No. R. 21 of 1990

Internal Security and Intimidation Amendment Act, No. 138 of 1991

E IT ENACTED by the State President and the House of Assembly of the Republic of South Africa, as follows:―

ARRANGEMENT OF SECTIONS

1. In this Act, unless the context otherwise indicates— [Definition of “authorized officer” deleted by s. 1 (a) of Act No. 138 of 1991.]

[Definition of “board of review” deleted by s. 1 (b) of Act No. 138 of 1991.]

“Commissioner” means the Commissioner of the South African Police;

[Definition of “communism” deleted by s. 1 (c) of Act No. 138 of 1991.]

“Director” means the person appointed in terms of section 2 (2) to the office of Director of Security Legislation;

“document” includes any book, pamphlet, record, list, placard, poster, drawing, photograph or picture, or a film as defined in section 47 (1) of the Publications Act, 1974 (Act No, 42 of 1974);

“gathering” means, for the purposes of—

sections 20 (ii), 46 (1) (b) and (3) (b) and 48 (1) (b), any gathering, concourse or procession of any number of persons; any other provision of this Act, a gathering, concourse or procession of any number of persons having a common purpose, whether such purpose is lawful or unlawful;

[Definition of “Inspector of Detainees” deleted by s. 1 (d) of Act No. 138 of 1991.]

“liquidator” means a person designated as such under section 13 (1) (b), and includes any person acting under his written authority;

“Minister” means the Minister of Justice, except in sections 29, 50, 71 and 72 (in the application of section 72 (c)), where it means the Minister of Law and Order;

[Definition of “Minister” substituted by s. 1 (e) of Act No. 138 of 1991.]

“office-bearer”, in relation to any organization, means ember of the governing or executive body of—

the organization; any branch, section or committee of the organization; or any local, regional or subsidiary body forming part of the organization;

“officer”, in relation to any organization, means any person working for the organization or for any branch, section or committee of the organization, or for any local, regional or subsidiary body forming part of the organization;

“organization” means any association of persons, incorporated or unincorporated, and whether or not it has been established or registered in accordance with any statute;

“periodical publication” means any publication appearing at intervals;

“place” means any place, whether or not it is a public place, and includes any premises. building, dwelling, flat, room, office, shop, structure, vessel, aircraft or vehicle, and any part of a place;

“police” means any body of men established or enrolled under any law and exercising or carrying out the powers, duties and functions of a police force, and includes any portion of the South African Defence Force when used for the prevention or suppression of terrorism or internal disorder;

“police officer” means any member of the Force as defined in section 1 of the Police Act, 1958 (Act No. 7 of 1958);

[Definition of “police officer” substituted by s. 1 (f) of Act No. 138 of 1991.]

“publication” means any newspaper, magazine, pamphlet, book, hand-bill or poster, and includes, for the purposes of section 56 (1) (b), any record or other object in or on which sound has been recorded for reproduction;

[Definition of “publication” amended by s. 1 (g) of Act No. 138 of 1991.]

[Definition of “public body” deleted by s. 1 (h) of Act No. 138 of 1991.]

[Definition of “public office” deleted by s. 1 (i) of Act No. 138 of 1991.]

“this Act” includes any regulation made under any provision thereof;

“unlawful organization” means an organization which, under section 4, is declared to be an unlawful organization, and includes any branch, section or committee of any such organization and any local, regional or subsidiary body forming part of any such organization;

[Definition of “unlawful organization” substituted by s. 1 (j) of Act No. 138 of 1991.]

“violence” includes the inflicting of bodily harm upon or killing of, or the endangering of the safety of, any person, or the damaging, destruction or endangering of property.

CHAPTER 1

2. (1) The Minister shall, subject to the provisions of subsection (2), appoint an officer, to be known as the Director of Security Legislation, who shall, subject to the control and directions of the Minister, perform the functions assigned to the Director by this Act as well as such other functions as the Minister may assign to him from time to time. [Sub-s. (1) amended by s. 2 (a) of Act No. 138 of 1991.]

(2) The Minister shall, subject to the laws governing the public service, appoint to the office of Director of Security Legislation a person holding a degree or diploma in law. [Sub-s. (2) substituted by s. 2 (b) of Act No. 138 of 1991.]

(3) The Minister may appoint, subject to the laws governing the public service, one or more Deputy Directors of Security Legislation or one or more Assistant Directors of Security Legislation or one or more such Deputy Directors and one or more such Assistant Directors, who shall respectively have the power to perform, subject to the control and directions of the Director, any of the functions of the Director. [Sub-s. (3) substituted by s. 2 (c) of Act No. 138 of 1991.]

(4) Whenever it becomes necessary to appoint an acting Director, the Minister may appoint a Deputy Director referred to in subsection (3) or, in the absence of such a Deputy Director, an Assistant Director referred to in that subsection to act as Director for the period for which such appointment is necessary.

[S. 3 repealed by s. 3 of Act No. 138 of 1991.]

CHAPTER 2

[Heading to Chapter 2 substituted by s. 4 of Act No. 138 of 1991.]

4. (1) If the Minister has reason to believe—

that any organization attempts or intends, in a violent manner or by the use of violence or by the instigation or promotion of violence, disturbance, rioting or disorder, to—

overthrow the State authority in the Republic;

achieve, bring about or promote any constitutional, political, industrial, social or economic aim or change in the Republic; or

induce the Government of the Republic to do or to abstain from doing any act or to adopt or to abandon a particular standpoint;

that any organization threatens with violence, or with the instigation or promotion of violence, disturbance, rioting or disorder, or with steps which include violence, disturbance, rioting or disorder, in order to achieve any of the objects referred to in paragraph (a) (i), (ii) or (iii); or

that any organization propagates or encourages violence, disturbance, rioting or disorder, or conduct which includes violence, disturbance, rioting or disorder, as a means to achieve any of the objects referred to in paragraph (a) (i), (ii) or (iii),

he may, without notice to the organization in question, by notice in the Gazette declare that organization to be an unlawful organization. [Sub-s. (1) substituted by s. 5 (a) of Act No. 138 of 1991.]

[Sub-s. (2) deleted by s. 5 (b) of Act No. 138 of 1991.]

(3) Any notice issued under subsection (1) may be withdrawn by the Minister by like notice. [Sub-s. (3) substituted by s. 5 (c) of Act No. 138 of 1991.]

[Sub-s. (4) deleted by s. 5 (d) of Act No. 138 of 1991.]

(5) A notice under subsection (1) shall not be invalid or ineffective by reason of the fact that the organization in question was dissolved before the coming into operation of the notice. [Sub-s. (5) substituted by s. 5 (e) of Act No. 138 of 1991.]

[S. 5–9 repealed by s. 6 of Act No. 138 of 1991.]

10. (1) Whenever an organization is in terms of the provisions of section 4 (1) declared by the Minister to be an unlawful organization, any person who proves to the satisfaction of the Minister that he was an office-bearer of the organization in question on the date immediately preceding the date on which it was so declared unlawful, may in writing request the Minister to furnish him with the reasons for the Minister’s action, and if such request is received by the Minister within a period of thirty days after the date of the publication in the Gazette of the notice dec1aring the organization in question to be an unlawful organization, the Minister shall furnish the office-bearer with a written statement setting forth his reasons for the notice and the information which induced the Minister to issue the notice.

(2) If, within the period specified in subsection (1), more than one request in terms of that subsection is received by the Minister, the Minister shall furnish only one of the office-bearers concerned with reasons and information in terms of the said subsection and notify the other office-bearers from whom requests are so received of the name and address of the office-bearer who hasso been or will so be furnished with reasons and information. [S. 10 substituted by s. 7 of Act No. 138 of 1991.]

[S. 11 repealed by s. 8 of Act No. 138 of 1991.]

12. (1) No proceedings shall after the expiration of a period of three months from the date of a notice issued by the Minister in terms of section 4 (1) be instituted in any court for an order declaring that notice invalid, and no court shall after the expiration of a period of twelve months from the date of any such notice have jurisdiction to pronounce upon the validity thereof: Provided that if the court concerned is satisfied that the fact that such proceedings have at the expiration of the said period of twelve months not yet been concluded, is not due to the fault of the party who instituted the proceedings, the court may extend that period by such further period as the court may deem fit.

(2) No court shall have jurisdiction to make an order whereby, pending the outcome of any proceedings referred to in subsection (1), the operation of any notice issued by the Minister in terms of section 4 (1) is suspended or in any other manner postponed. [S. 12 substituted by s. 9 of Act No. 138 of 1991.]

13. (1) As from the date upon which an organization becomes an unlawful organization by virtue of a notice under section 4 (1)—

no person shall—

become, continue to be or perform any act as an office-bearer, officer or member of the unlawful organization;

carry, be in possession of or display anything whatsoever indicating that he is or was at any time before or after the commencement of this Act an office-bearer, officer or member of or in any way associated with the unlawful organization;

contribute or solicit anything as a subscription or otherwise, to be used directly or indirectly for the benefit of the unlawful organization;

in any way take part in any activity of the unlawful organization, or carry on in the direct or indirect interest of the unlawful organization, any activity in which it was or could have engaged at the said date; or

advocate, advise, defend or encourage the achievement of any of the objects of the unlawful organization or objects similar to the objects of such organization, or perform any other act of whatever nature which is calculated to further the achievement of any such object;

all property (including all rights and documents) held by the unlawful organization or held by any person for the benefit of the unlawful organization, shall vest in a person designated by the Minister as the liquidator of the assets of the unlawful organization; and the unlawful organization shall, if it is registered in any office, cease to be registered, and the officer in charge of the register shall remove its name from the register.

[Sub-s. (1) amended by s. 10 (a) of Act No. 138 of 1991.]

(2) The designation of a liquidator in terms of subsection (1) (b) shall not be invalid or ineffective by reason of the fact that the unlawful organization in question was dissolved before the designation or before the date upon which it becomes an unlawful organization by virtue of a notice under section 4 (1), or by reason of the fact that it has no assets. [Sub-s. (2) amended by s. 10 (b) of Act No. 138 of 1991.]

(3) The liquidator shall be appointed on such conditions, and may be paid out of the assets of the unlawful organization such remuneration for his services, as the Minister may determine.

(4) Notwithstanding anything to the contrary contained in any instrument, rule or agreement governing the relations between the unlawful organization and its office-bearers, officers or members, any such office-bearer, officer or member may by resignation terminate his relationship with the unlawful organization as from the date of the resignation. [S. 13 amended by s. 10 (c) of Act No. 138 of 1991.]

14. (1) The liquidator shall forthwith take possession of all the property vested in him under section 13 (1) (b), and shall satisfy himself as to whether the assets are adequate to pay the debts of the unlawful organization.

(2) If the assets are adequate to pay the debts, the liquidator shall after the expiration of a period of not less than six months from the date upon which the organization became an unlawful organization take all steps (including the institution of legal proceedings) necessary to liquidate them and to pay out of the proceeds the debts which have been proved to his satisfaction. [Sub-s. (2) substituted by s. 11 (a) of Act No. 138 of 1991.]

(3) Any balance remaining after the debts have been paid shall be paid into the State Revenue Fund.

(4) If the assets are inadequate to pay thc debts of the unlawful organization, the liquidator shall liquidate and distribute the assets as if he were a trustee or a liquidator, as the case may be, administering and distributing the assets of an insolvent estate or company.

(5) For the purposes of such liquidation and distribution, the date upon which the organization became an unlawful organization by virtue of a notice under section 4 (1) shall be regarded as the date of sequestration or winding-up, as the case may be. [Sub-s. (5) ameded by s. 11 (b) of Act No. 138 of 1991.]

(6) Any matter relating to such liquidation and distribution upon which a creditor would have been entitled to vote if the estate of the unlawful organization had been sequestrated or wound up, shall be determined by a majority of votes reckoned according to the number and value of claims proved to the satisfaction of the liquidator.

(7) The account of a liquidator liquidating and distributing assets under subsection (4) shall be advertised by him and confirmed by the Master in like manner and with like effect as an account framed by a trustee or liquidator, as the case may be, in an insolvent estate is advertised and confirmed.

(8) Any property of the unlawful organization which is not liquidated under subsection (2) or (4) or which is found after the distribution of the assets or the payment of the debts of the unlawful organization in terms of this section, shall be disposed of in accordance with the direction of the Minister. [Sub-s. (8) amended by s. 11 (c) of Act No. 138 of 1991.]

(9) The Minister may at any time by notice in the Gazette and subject to such modifications as he may deem fit, apply in respect of a particular case such provisions of the Companies Act, 1973 (Act No. 61 of 1973), or the Insolvency Act, 1936 (Act No. 24 of 1936), as are not inconsistent with this Act, as may be necessary in such case for the proper performance by the liquidator of his functions in terms of this section, and may in like manner amend or withdraw any such notice. [Sub-s. (9) amended by s. 11 (c) of Act No. 138 of 1991.]

[Sub-s. (10) deleted by s. 11 (d) of Act No. 138 of 1991.]

(11) The liquidator shall have the power to receive and retain any communication addressed to the unlawful organization or to any person in his capacity as an office-bearer or officer thereof, and the Postmaster-General shall, if requested to do so by the liquidator, cause all postal articles so addressed, to be delivered to the liquidator.

(12) Without derogating from the generality of the provisions of subsection (9), the liquidator may, for the purposes of the performance of his functions in terms of subsection (1) or (4)—

without previous notice at any time enter upon any premises whatsoever and make such investigation and inquiry as he deems necessary;

require of any person the production then and there or at a time and place fixed by the liquidator, of any document which is on the premises;

at any time and at any place require of any person who has possession or custody or control of any document, the production thereof then and there or at a time and place fixed by the liquidator;

seize any document referred to in paragraph (b) or (c) which in his opinion may afford proof in regard to any right in or the whereabouts ofany property or the existence or amount of any debt;

examine such document and make extracts therefrom or copies thereof and ask any person whom he considers to have the necessary information, to give an explanation of any entry therein;

question either alone or in the presence of any other person, as he deems desirable, any person whom he finds on premises entered upon by him in terms of this section, or whom he on reasonable grounds suspects to be in possession of information required by the liquidator; and

direct any person referred to in paragraph (b), (c), (e) or (f) to appear before the liquidator at a time and place specified by him, and at such time and place question such person.

[Sub-s. (12) substituted by s. 11 (e) of Act No. 138 of 1991.]

(13) Every occupier of premises entered upon under subsection (12) shall at all times furnish such facilities as are required by the liquidator for the purpose of exercising his powers under the said subsection. [Sub-s. (13) added by s. 11 (f) of Act No. 138 of 1991.]

[S. 15–17 repealed by s. 12 of Act No. 138 of 1991.]

CHAPTER 3

[S. 18–28 repealed by s. 12 of Act No. 138 of 1991.]

29. (1) Notwithstanding anything to the contrary in any law or the common law contained, any 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 may, if he has reason to believe that any person who happens to be at any place in the Republic—

has committed or intends or intended to commit an offence referred to in section 54 (1), (2) or (4), excluding, in the case of an offence referred to in section 54 (4), such an offence which the suspect committed or intends or intended to commit in connection with a person suspected of having intended to commit or having committed the offence of sabotage; or

is withholding from the South African Police any information relating to the commission of an offence referred to in paragraph (a) or relating to an intended commission of such offence or relating to any person who has committed or who intends to commit such offence,

without warrant arrest such person or cause him to be arrested and detain such person or cause him to be detained for interrogation in accordance with such directions as the Commissioner may, subject to the directions of the Minister, from time to time issue, for a period not exceeding 10 days and for such further period or periods not exceeding 10 days or not exceeding 10 days each, as the case may be, as a judge of a provincial or local division of the Supreme Court of South Africa may, on application in accordance with subsection (4), determine or from time to time determine.

(2) The commissioned officer referred to in subsection (1) shall as soon as possible after an arrest in terms of that subsection—

notify the Commissioner thereof, and the Commissioner shall as soon as possible after having been so notified advise the Minister of the name of the person so arrested and the place where he is being detained;

notify a relative of the person arrested, or, if no such relative is available, someone indicated by that person, of his arrest and of the place where he is being detained at that stage unless—

the person arrested informs the commissioned officer that he does not wish anybody so to be notified; or

the Commissioner has reason to believe that it will hamper any investigation by the police.

(3) (a) An application referred to in subsection (1) for the further detention of a person arrested and detained in terms of that subsection shall be made in writing to a judge in chambers by the Commissioner or a commissioned officer as defined in section 1 of the Police Act, 1958, of or above the rank of brigadier, at least 48 hours before the expiry of the period of 10 days referred to in subsection (1), or at least 48 hours before the expiry of any further period so referred to, as the case may be, and shall state—

the date and the grounds on which the person was arrested;

the reason why further detention of the person is considered necessary; and

the place where and the directions subject to which the person is being detained.

(b) Before the application is heard, the Commissioner or the commissioned officer concerned shall notify the detainee concerned and, if he so requests, his legal representative, of the application and furnish the detainee with a copy of the written application referred to in paragraph (a).

(c) Any person in respect of whom an application has been made in terms of paragraph (a) may, pending the result of such application, be detained as if the application had been granted.

(d) A judge to whom such an application is made—

may consider the application, whether the person concerned is being detained within the area of jurisdiction of the relevant division of the Supreme Court or elsewhere;

shall afford that person or his legal representative an opportunity of submitting reasons in writing why the detainee should not be further detained, and shall, if such reasons are submitted, afford the Commissioner or the commissioned officer concerned an opportunity of replying thereto in writing;

may ask the Commissioner or the commissioned officer for such further information in writing as the judge may deem necessary;

shall in considering the application have regard only to the particulars and information furnished by the Commissioner or the commissioned officer, the reasons advanced by the detainee as to why he should not be further detained and the reply of the Commissioner or the commissioned officer to such reasons: Provided that the judge may—

afford the Commissioner or the commissioned officer concerned or a person designated by the Commissioner or officer an opportunity to be heard in order to elucidate such particulars or information;

afford the detainee or his legal representative an opportunity to be heard in order to elucidate such reasons,

and the decision of the judge on the application shall be final.

(e) If such an application is refused the detainee concerned shall be released immediately.

(4) Any person detained in terms of this section may at any time make representations in writing to the Minister relating to his detention or release.

(5) The Minister may at any time order the release of any person detained in terms of the provisions of this section.

(6) …

(7) No person other than the Minister or a person acting by virtue of his office in the service of the State—

shall have access to any person detained in terms of the provisions of this section, except with the consent of and subject to such conditions as may be determined by the Minister or the Commissioner: Provided that the Minister or the Commissioner shall refuse such permission only if he has reason to believe that access to the detainee will hamper any investigation by the police: Provided further that this paragraph shall not apply in respect of a legal representative of a person so detained who, after he has been notified as contemplated in subsection (3) (b), assists that person in the preparation of a submission referred to in subsection (3) (d) (ii) in accordance with such conditions as may be determined by the Minister; or

shall, subject to the provisions of subsection (3) (b), be entitled to inspect any document relating to an application in terms of subsection (3), or to any official information relating to or any information obtained from such person.

(8) The provisions of section 335 of the Criminal Procedure Act, 1977 (Act No. 51 of 1907), shall not apply in respect of any statement by any person detained in terms of the provisions of this section, made during such detention: Provided that if in the course of any subsequent criminal proceedings relating to the matter in connection with which the said person made that statement, any part of such statement is put to him by the prosecutor, any person in possession of the statement shall at the request of such first-mentioned person furnish him with a copy of the said statement.

(9) Any person arrested in terms of the provisions of subsection (1) shall as soon as possible be examined by a district surgeon and shall be not less than once every five days—

visited in private by a magistrate;

visited in private by a district surgeon.

and such a magistrate or district surgeon shall in respect of each such visit, without delay compile a report and submit it to the Minister, and the Minister may, if he has reason to believe that it will not hamper any investigation by the police, furnish, at the request of the detainee, copies of such reports to a person indicated by the detainee.

(10) Any person detained in terms of this section shall be entitled, if he so requests, to be visited, at his own expense, by his private medical practitioner in the presence of a district surgeon, unless the Minister or the Commissioner has reason to believe that such a visit will hamper any investigation by the police.

[S. 29 substituted by s. 13 of Act No. 138 of 1991.]

31. (1) Whenever in the opinion of the attorney-general there is any danger that 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 Schedule 3, may be tampered with or intimidated 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 possible, be taken to the place specified in the warrant and detained there or at any other place determined by the attorney-general from time to time, in accordance with regulations made by the Minister. [Sub-s. (2) amended by s. 14 of Act No. 138 of 1991.]

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

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

no charge-sheet in respect of an accused in the criminal proceedings in question has been lodged or no indictment has been served on such accused, as the case may be, in terms of the provisions of section 76 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), within a period of six months as from the date upon which the said person was so arrested, in which case the said person shall be released after the expiration of the said period of six months.

(4) No person, other than a person acting by virtue of his office in the service of the State. shall have access to any person detained under subsection (1), except with the consent of and subject to such conditions as may be 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 not less than once a fortnight be visited—

in private by a magistrate; in private by a district surgeon.

(6) For the purposes of section 191 of the Criminal Procedure Act, 1977, 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 upon any condition referred to in subsection (4).

[S. 33–34 repealed by s. 15 of Act No. 138 of 1991.]

[Chapter 4 repealed by s. 16 of Act No. 138 of 1991.]

CHAPTER 5

46. (1) Whenever a magistrate has reason to apprehend that the public peace would be seriously endangered—

by any gathering in his district; or

by a particular gathering or any gathering of a particular nature, class or kind at a particular place or in a particular area or wheresoever in his district,

he may—

prohibit for a period not exceeding forty-eight hours every gathering in his district or that particular gathering or any gathering of a particular nature, class or kind at a particular place or in a particular area or everywhere in his district, except in such cases as he may expressly authorize in the prohibition in question or at any time thereafter; or direct that that particular gathering or any other gathering with the same purpose shall be held only in accordance with such conditions as he may determine in the direction in question, including, in the case of any gathering which takes the form of a procession, and without derogating from the generality of the preceding provisions of this paragraph, conditions—

prescribing the route to be taken by the procession concerned;

prohibiting the procession or any person forming part thereof from entering any place specified in the direction;

requiring the persons forming the procession to travel in vehicles,

as the case may be.

(2) A magistrate who—

imposes a prohibition under subsection (1) (i) shall do so—

by notice in the Gazette; or

by notice in a newspaper circulating where the prohibition is to apply; or

by causing it to be made known by means of radio; or

by causing notices to be distributed amongst the public and to be affixed in public or prominent places where the prohibition is to apply; or

by causing it to be announced orally where the prohibition is to apply;

issues a direction under subsection (1) (ii) shall do so by a written notice signed by him and addressed and delivered or tendered to the person desiring to convene or organize the gathering in question, and shall in addition publish that direction in a manner provided in paragraph (a): Provided that if the identity or whereabouts of the person desiring to convene or organize the gathering in question is unknown, or if in view of the urgency of the case it is not feasible to deliver or tender the said written notice to him, publication of the direction in a manner determined in paragraph (a) shall be sufficient.

(3) The Minister may, if he deems it necessary or expedient in the interest of the security of the State or for the maintenance of the public peace or in order to prevent the causing, encouraging or fomenting of feelings of hostility between different population groups or parts of population groups of the Republic, prohibit in a manner determined in subsection (2) (a)—

any gathering in any area; or

any particular gathering or any gathering of a particular nature, class or kind at a particular place or in a particular area or wheresoever in the Republic,

during any period or on any day or during specified times or periods within any period, except in those cases determined in the prohibition in question by the Minister or which the Minister or a magistrate acting in pursuance of the Minister’s general or special instructions may at any time expressly authorize.

(4) Any notice issued by the Minister under subsection (3) may at any time be withdrawn or amended by him by like notice. [Sub-s. (4) added by s. 17 of Act No. 138 of 1991.]

 [S. 50A inserted by s. 1 of Act No. 66 of 1986 and repealed by s. 18 of Act No. 138 of 1991.]



53. (1) Whenever the holding or organizing of any procession without the permission, approval or leave of an institution or a body referred to in section 84 (1) (f) of the Provincial Government Act, 1961 (Act No. 32 of 1961), is prohibited in terms of a provision of any law, it shall for the purposes of such provision be deemed that, notwithstanding the granting of such permission, approval or leave for holding or organizing a procession, such permission, approval or leave has not been granted unless the magistrate of the district in which the procession is to be held or organized has also granted his permission, approval or leave for the holding or organizing of such procession. [Sub-s. (1) amended by s. 19 of Act No. 138 of 1991.]

(2) A magistrate shall refuse to grant his permission, approval or leave referred to in subsection (1), only if he has reason to believe that the holding or organizing of the procession may endanger the maintenance of law and order.

(3) The Minister may from time to time by notice in the Gazette suspend the operation of subsections (1) and (2) in areas specified in the notice, or in areas other than areas so specified, and may by like notice withdraw or amend any such notice.

CHAPTER 6

54. (1) Any person who with intent to—

overthrow or endanger the State authority in the Republic;

achieve, bring about or promote any constitutional, political, industrial, social or economic aim or change in the Republic;

induce the Government of the Republic to do or to abstain from doing any act or to adopt or to abandon a particular standpoint; or

put in fear or demoralize the general public, a particular population group or the inhabitants of a particular area in the Republic, or to induce the said public or such population group or inhabitants to do or to abstain from doing any act,

in the Republic or elsewhere—

commits an act of violence or threatens or attempts to do so;

performs any act which is aimed at causing, bringing about, promoting or contributing towards such act or threat of violence, or attempts, consents or takes any steps to perform such act;

conspires with any other person to commit, bring about or perform any act or threat referred to in paragraph (i) or act referred to in paragraph (ii), or to aid in the commission, bringing about or performance thereof; or

incites, instigates, commands, aids, advises, encourages or procures any other person to commit, bring about or perform such act or threat,

shall be guilty of the offence of terrorism and liable on conviction to the penalties provided for by law for the offence of treason.

(2) Any person who with intent to achieve any of the objects specified in paragraphs (a) to (d), inclusive, of subsection (1)—

causes or promotes general dislocation or disorder at any place in the Republic, or attempts to do so;

cripples, prejudices or interrupts at any place in the Republic any industry or undertaking, or industries or undertakings generally, or the production, supply or distribution of commodities or foodstuffs, or attempts to do so;

interrupts, impedes or endangers at any place in the Republic the manufacture, storage, generation, distribution, rendering or supply of fuel, petroleum products, energy, light, power or water, or of sanitary, medical, health, educational, police, fire-fighting, ambulance, postal or telecommunication services or radio or television transmitting, broadcasting or receiving services or any other public service, or attempts to do so;

endangers, damages, destroys, renders useless or unserviceable or puts out of action at any place in the Republic any installation for the rendering or supply of any service referred to in paragraph (c), any prohibited place or any public building, or attempts to do so;

prevents or hampers, or deters any person from assisting in, the maintenance of law and order at any place in the Republic, or attempts to do so;

impedes or endangers at any place in the Republic the free movement of any traffic on land, at sea or in the air, or attempts to do so;

causes, encourages or foments feelings of hostility between different population groups or parts of population groups of the Republic, or attempts to do so;

destroys, pollutes or contaminates any water supply which is intended for public use in the Republic, or attempts to do so;

in the Republic or elsewhere performs any act or attempts, consents or takes any steps to perform any act which results in or could have resulted in or promotes or could have promoted the commission of any of the acts or the bringing about of any of the results contemplated in paragraphs (a) to (h), inclusive;

conspires with any other person to commit, bring about or perform any of the acts or results contemplated in paragraphs (a) to (h), inclusive, or any act contemplated in paragraph (i), or to aid in the commission, bringing about or performance thereof; or

incites, instigates, commands, aids, advises, encourages or procures any other person to commit, bring about or perform such act or result,

shall be guilty of the offence of subversion and liable on conviction—

to imprisonment for a period not exceeding twenty years; or

if the act with which the accused had been charged and by virtue of which he was convicted resulted in the commission of violence and the court is of the opinion that in performing the said act the accused should have foreseen the commission of such violence as a reasonable possibility, to imprisonment for a period not exceeding twenty-five years.

(3) Any person who with intent to—

endanger the safety, health or interests of the public at any place in the Republic;

destroy, pollute or contaminate any water supply in the Republic which is intended for public use;

interrupt, impede or endanger at any place in the Republic the manufacture, storage, generation, distribution, rendering or supply of fuel, petroleum products, energy, light, power or water, or of sanitary, medical, health, educational, police, fire-fighting, ambulance, postal or telecommunication services or radio or television transmitting, broadcasting or receiving services or any other public service;

endanger, damage, destroy, render useless or unserviceable or put out of action at any place in the Republic any installation for the rendering or supply of any service referred to in paragraph (c), any prohibited place or any public building;

cripple, prejudice or interrupt at any place in the Republic any industry or undertaking or industries or undertakings generally or the production, supply or distribution of commodities or foodstuffs; or

impede or endanger at any place in the Republic the free movement of any traffic on land, at sea or in the air,

in the Republic or elsewhere—

commits any act;

attempts to commit such act;

conspires with any other person to commit such act or to bring about the commission thereof or to aid in the commission or the bringing about of the commission thereof; or

incites, instigates, commands. aids, advises, encourages or procures any other person to commit such act,

shall be guilty of the offence of sabotage and liable on conviction to imprisonment for a period not exceeding twenty years.

(4) Any person who has reason to suspect that any other person intends to commit or has committed any offence referred to in subsection (1), (2) or (3) and any person who is aware of the presence at any place of any other person who is so suspected of intending to commit or having committed such an offence, and who—

harbours or conceals that other person;

directly or indirectly renders any assistance to that other person; or

fails to report or cause to be reported to any member of the police such presence of that other person at any place,

as the case may be, shall be guilty of an offence and liable on conviction to the penalty to which the person whom he so harboured or concealed or to whom he so rendered assistance or whose presence he so failed to report or to cause to be reported would have been liable on conviction of the offence which the last-mentioned person intended to commit or committed, as the case may be.

(5) No person shall be convicted of an offence in terms of subsection (1), (2) or (3) committed at any place outside the Republic, if such person proves that he is not a South African citizen and has not at any time before or after the commencement of this Act been resident in the Republic and that he has not at any time after 27 June 1962 entered or been in the Republic in contravention of any law.

(6) If the evidence in any prosecution for an offence in terms of—

subsection (1) does not prove that offence but does prove an offence in terms of subsection (2), (3) or (4);

subsection (2) does not prove that offence but does prove an offence in terms of subsection (3) or (4),

the accused may be found guilty of the offence so proved.

(7) For the purposes of subsection (1) (ii), and without derogating from the generality of the meaning of the word “act”, the undergoing of specific training or the possession of any substance or thing shall be deemed also to constitute the performance of an act.

(8) For the purposes of this section— “Government of the Republic” includes a provincial administration or any institution or body contemplated in section 84 (1) (f) of the Provincial Government Act, 1961 (Act No. 32 of 1961);

“prohibited place” means a prohibited place as defined in section 1 (1) of the Protection of Information Act, 1982 (Act No. 84 of 1982);

“public building” means any building which or part of which is occupied by the State, any institution or body contemplated in section 84 (1) (f) of the Provincial Government Act, 1961, or any other body which has been instituted by or under any law and to which local or other governmental functions have been assigned. [Sub-s. (8) amended by s. 20 of Act No. 138 of 1991.]

[S. 55 repealed by s. 21 of Act No. 138 of 1991.]

56. (1) Any person who—

contravenes any provision of section 13 (1) (a);

without the consent of the Minister, is in possession of any publication published or disseminated by or under the direction or guidance or on behalf of an unlawful organization;

knowingly permits any premises or any other property whatsoever, situated in the Republic, to be used for the purposes of or in connection with any offence in terms of section 57 (1) or paragraph (a) or (b) of this subsection;

refuses or fails to answer to the best of his knowledge any question which a liquidator has put to him in the exercise of his powers in terms of this Act;

refuses or fails to comply to the best of his ability with any requirement or direction of a liquidator in terms of this Act;

hinders a liquidator of an unlawful organization in the performance of his functions in terms of this Act or, without the consent of the liquidator, destroys, alters or removes any property or document held by that organization or held by any person for the benefit of that organization; or

contravenes the provisions of section 14 (13),

shall, subject to the provisions of subsections (2), be guilty of an offence and liable on conviction—

in the case of an offence referred to in paragraph (a), to imprisonment for a period not exceeding ten years;

in the case of an offence referred to in paragraph (b) or (c), to imprisonment for a period not exceeding three years;

in the case of an offence referred to in paragraph (d), (e), (f) or (g), to a fine not exceeding R4 000 or to imprisonment for a period not exceeding one year. or to both such fine and such imprisonment.

(2) No person shall be convicted of an offence referred to in subsection (1) (b) if he satisfies the court that as soon as practicable after having become aware of being in possession of a publication referred to in that subsection, he took reasonable steps to report the fact of his being so in possession of such publication to a police officer, or to deliver the publication in question to a police officer. [S. 56 substituted by s. 22 of Act No. 138 of 1991.]

63. (1) The court convicting any person of an offence referred to in section 56 (1) (c) may declare the property in respect of which the offence was committed, or the rights of the convicted person to such property. forfeit to the State: Provided that such a declaration of forfeiture shall not affect any rights which any person other than the convicted person may have to such property, if it is proved that the said other person did not know that the property was being or would be used in contravention of the said section. [Sub-s. (1) amended by s. 23 of Act No. 138 of 1991.]

(2) Section 35 (4) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), shall mutatis mutandis apply in respect of such a forfeiture.

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64. No trial in respect of an offence referred to in section 54 shall be commenced without the written authority of the attorney-general. [S. 64 substituted by s. 24 of Act No. 138 of 1991.]

68. (1) Notwithstanding anything to the contrary in any law or the common law contained—

any offence under this Act shall, for the purposes of determining the jurisdiction of a court to try the offence, be deemed to have been committed at the place where it actually was committed and also at any place where the accused happens to be, and any attorney-general in the Republic shall have jurisdiction in respect of such offence committed outside the area of jurisdiction of that attorney-general, as if it had been committed within such area of jurisdiction;

the trial of any person accused of having committed any offence in terms of section 54 may, subject to the provisions of this section, be held at any time and at any place within the area of jurisdiction of the court concerned.

(2) If the Minister so directs, the trial of any person for an offence in terms of section 54 shall take place at such place in the Republic as the Minister may determine. [Sub-s. (2) substituted by s. 25 (a) of Act No. 138 of 1991.]

(3) Whenever the trial for an offence in terms of section 54 committed outside the Republic takes place in the Republic, whether or not on the instructions of the Minister, the laws relating to procedure and evidence of the Republic shall apply in respect of such trial. [Sub-s. (3) amended by s. 25 (b) of Act No. 138 of 1991.]

(4) A magistrate’s court which is not the court for a regional division shall, notwithstanding anything to the contrary in any law contained, have jurisdiction to impose any sentence or make any order provided for in sections 58, 59 and 60: Provided that no such magistrate’s court shall have jurisdiction to impose a sentence of a fine exceeding three thousand rand or imprisonment for a period exceeding three years.

69. (1) If in any prosecution in terms of this Act in which it is alleged that any person is or was a member of any organization, it is proved that he attended any meeting of that organization, or has advocated, advised, defended or encouraged the promotion of any of its purposes, or has distributed or assisted in the distribution of or caused to be distributed any periodical or other publication or document issued by, on behalf of or at the instance of that organization, he shall be presumed, until the contrary is proved, to be or to have been a member of that organization. [Sub-s. (1) substituted by s. 26 (a) of Act No. 138 of 1991.]

[Sub-s. (2) and (3) deleted by s. 26 (b) of Act No. 138 of 1991.]

(4) In any prosecution for an offence in terms of this Act, any document, book, record, pamphlet or other publication or written instrument—

which has been found in or removed from the possession, custody or control of the accused or of any person who was at any time an office-bearer or officer or a member of an organization of which the accused is alleged to be or to have been an office-bearer or officer or a member;

which has been found in or removed from any office or other premises occupied or used at any time by any organization of which the accused is alleged to be or to have been an office-bearer or officer or a member, or by any person in his capacity as an office-bearer or officer of such organization; or

which on the face thereof has been compiled, kept, maintained, used, issued or published by or on behalf of any organization of which the accused is alleged to be or to have been an office-bearer or officer or a member, or by or on behalf of any person having a name corresponding substantially to that of the accused,

and any reproduction of such document, book, record, pamphlet, other publication or written instrument, shall be admissible in evidence against the accused as prima facie proof of the contents thereof. [Sub-s. (4) substituted by s. 26 (c) of Act No. 138 of 1991.]

(5) If in any prosecution for an offence in terms of section 54 (1) or (2) it is proved that the accused has committed any act alleged in the charge, and if such act resulted or was likely to have resulted in the achievement of any of the objects specified in section 54 (1) (a) to (d), inclusive, it shall be presumed, unless the contrary is proved, that the accused has committed that act with intent to achieve such object.

(6) (a) If in any prosecution for an offence in terms of section 54 (1) the act with which the accused is charged, consists thereof, and it is proved, that he unlawfully had in his possession any automatic or semi-automatic rifle, machine gun, sub-machine gun, machine pistol, rocket launcher, recoilless gun or mortar, or any ammunition for or component part of such weaponry, or any grenade, mine, bomb or explosive, it shall be presumed, unless the contrary is proved, that the accused had the said weaponry, ammunition, component part, grenade, mine, bomb or explosive in his possession with intent to commit therewith or in connection therewith in the Republic, in order to achieve any of the objects specified in section 54 (1) (a) to (d), inclusive, any of the acts contemplated in section 54 (1) (i) to (iv), inclusive.

(b) If in any prosecution for an offence in terms of section 54 (1) the act with which the accused is charged consists thereof, and it is proved, that he unlawfully had in his possession any firearm or ammunition other than any firearm or ammunition referred to in paragraph (a), or so unlawfully had in his possession more than one such other firearm, and if in the opinion of the court the nature of that other firearm or firearms or of that ammunition or the circumstances in which the accused so had such other firearm, firearms or ammunition in his possession or the quantity thereof which the accused so had in his possession can justify the inference that the accused so had possession thereof with intent to commit therewith or in connection therewith in the Republic any of the acts contemplated in section 54 (1) (i) to (iv), inclusive, it shall be presumed, unless the contrary is proved, that the accused had the said other firearm, firearms or ammunition in his possession with intent to commit therewith or in connection therewith in the Republic, in order to achieve any of the objects specified in section 54 (1) (a) to (d), inclusive, any of the acts contemplated in section 54 (1) (i) to (iv), inclusive.

(7) (a) If it is relevant for the purposes of any prosecution for an offence in terms of section 54 (1) or (2), the court shall take notice of the fact that the objects of an unlawful organization specified in Schedule 4 include the achievement, by means of violence or threats of violence, of the object specified in section 54 (1) (a).

(b) The State President may from time to time by proclamation in the Gazette remove from or add to Schedule 4 the name of any unlawful organization specified in the proclamation.

(8) If in any prosecution against any person in which it is alleged that the offence charged was committed by way of protest against any law, or in support of any campaign against any law, or in support of any campaign for the repeal or modification of any law or for the variation or limitation of the application or administration of any law, it is proved that the offence was committed in the company of two or more other persons who have been or are being charged with having committed similar offences at the place where the offence which forms the subject of the prosecution was committed, and at the same time or approximately the same time as such offence was committed, it shall be presumed, unless the contrary is proved, that the offence was committed as alleged. [Sub-s. (9) deleted by s. 26 (d) of Act No. 138 of 1991.]

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[S. 70 repealed by s. 27 of Act No. 138 of 1991.]

72. Whenever—

any action has been taken under section 4 (1);

any gathering has been prohibited under the provisions of section 46 (1) (i) or (3) or a direction in connection with the holding of any gathering has been issued under the provisions of section 46 (1) (ii); or

a police officer has under the provisions of section 48 (1) ordered the persons attending a gathering to disperse,

the Minister shall report the circumstances to Parliament within fourteen days after the date of the action, prohibition or direction in question if Parliament is then in session or, if Parliament is not then in session, within fourteen days after the commencement of its next ensuing ordinary session. [S. 72 substituted by s. 28 of Act No. 138 of 1991.]

[Schedule 2 repealed by s. 29 of Act No. 138 of 1991.]

Sedition.

Contravention of the provisions of section 13 (1) (a) (iv) of this Act.

Any offence referred to in section 54 of this Act. [Item amended by s. 30 of Act No. 138 of 1991.]

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

Treason.