Internal Security Act, 1982/1992-07-31

​

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

Criminal Law Amendment Act, No. 4 of 1992

Criminal Law Amendment Act, No. 126 of 1992

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

ARRANGEMENT OF SECTIONS

[S. 30–32 repealed by s. 8 of Act No. 126 of 1992.]

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,

[Para. (d) deleted by s. 9 (a) of Act No. 126 of 1992.]

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 (c), 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.

[Sub-s. (2) amended by s. 9 (a) of Act No. 126 of 1992.]

(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.]

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 (c), inclusive, it shall be presumed, unless the contrary is proved, that the accused has committed that act with intent to achieve such object. [Sub-s. (5) substituted by s. 10 of Act No. 126 of 1992.]

(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 (c), 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 (c), inclusive, any of the acts contemplated in section 54 (1) (i) to (iv), inclusive. [Sub-s. (6) substituted by s. 10 of Act No. 126 of 1992.]

(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.]

[Schedule 3 repealed by s. 11 of Act No. 126 of 1992.]