Internal Security Act, 1982/1992-03-11

​

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

Criminal Law Amendment Act, No. 4 of 1992

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 (3), determine or from time to time determine. [Sub-s. (1) amended by s. 8 of Act No. 4 of 1992.]

(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.]