Internal Security Act, 1982/1994-01-28

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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

Abolition of Restrictions on Free Political Activity Act, No. 206 of 1993

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 or rioting, 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 or rioting, or with steps which include violence or rioting, 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 or rioting, or conduct which includes violence or rioting, as a means to achieve any of the objects referred to in paragraph (a) (i), (ii) or (iii),

he may, on the advice of the Transitional Executive Council established by section 2 of the Transitional Executive Council Act, 1993 (Act No. 151 of 1993), and 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 and by s. 2 of Act No. 206 of 1993.]

[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(3) Any notice issued under subsection (1) may be withdrawn by the Minister by like notice.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.]

50. (1) If—

the actions of a particular person contribute towards the continuation of a state of riot or public violence which exists at any place within the Republic; and

the detention of that person will contribute towards the termination or combating of that state of riot or public violence; or

the detention of a particular person will contribute towards the prevention of the resumption, at the same place or at any other place in the Republic, of such a state of riot or public violence,

a police officer of or above the rank of warrant officer may without warrant arrest that person or cause him to be arrested and, subject to the provisions of this section, cause him to be detained in a prison referred to in section 20 (1) (a) or (b) of the Correctional Services Act, 1959 (Act No. 8 of 1959), or a police cell or lock-up. [Sub-s. (1) substituted by s. 3 of Act No. 206 of 1993.]

(2) (a) Any person arrested in terms of the provisions of subsection (1) may at any time be released from detention, but shall at the expiration of a period of forty-eight hours as from the time of his arrest be released from detention unless a warrant for his further detention has in terms of the provisions of paragraph (b) been issued before the expiration of the said period: 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 fourteen days as from the date of his arrest.

(b) Whenever a magistrate is of the opinion, on the ground of information submitted to him upon oath by a police officer, that the further detention of any person arrested in terms of subsection (1) is justified on the ground of a consideration contemplated in paragraph (a) or (b), as the case may be, of that subsection, he may on the application of the said police officer issue a warrant for the further detention of such person.

(c) An application referred to in paragraph (b) shall be heard behind closed doors.

(d) For the purposes of this section “magistrate” shall include an additional magistrate and an assistant magistrate.

(3) Any person being detained in terms of the provisions of this section shall be so detained in accordance with the provisions of the Prisons Act, 1959, which relate to unconvicted prisoners awaiting trial for an alleged offence.

(4) 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 his name 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.

(5) A magistrate may at any time before the expiration of the period of fourteen days referred to in subsection (2) order the release of any person being detained in terms of the provisions of this section.

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.

[S. (2) deleted by s. 4 of Act No. 206 of 1993.]

(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.]