Page:Internal Security Act 1982 South Africa.pdf/12

GOVERNMENT GAZETTE, 9 JUNE 1982

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period prescribed in subsection (2), lodge with the Minister a written petition containing—

a request that the steps taken by the Minister in respect of that organization or publication, as the case may be, be submitted for review in terms of the provisions of this section; and

where a notice has not in terms of the provisions of section 7 (5) been issued in respect of the said organization or publication by the advisory committee concerned, such representations on behalf of and information relating to the organization or publication in question as the said office-bearer or publisher, as the case may be, deems fit.

(2) A written petition referred to in subsection (1) shall be lodged with the Minister before the expiration of a period of fourteen days after the date of publication in the Gazette of the notice declaring the organization in question to be an unlawful organization or prohibiting the printing, publication or dissemination of the periodical or other publication in question, as the case may be, or, in the case where reasons and information have in terms of the provisions of section 10 (3) been furnished by the Minister, before the expiration of a period of fourteen days after the date of the written statement in which the Minister furnished such reasons and information.

(3) Subject to the provisions of section 12 (3) the Minister shall, on receipt, within the applicable period prescribed by subsection (2), of a petition referred to in subsection (l), as soon as possible submit to the Chief Justice of South Africa—

a copy of the notice declaring the organization in question to be an unlawful organization or prohibiting the printing, publication or dissemination of the periodical or other publication in question, as the case may be;

a written statement containing the reasons for the taking of the steps in question and all infomation which induced the Minister to issue the notice in question, as well as any additional information, if any, which may relate to the matter and which came to the knowledge of the Minister after the issue of the notice in question:

a copy of the factual report and recommendation with which the Minister was in terms of the provisions of section 7 (3) furnished in respect of the matter in question by the advisory committee concerned;

the petition in question; and

any additional report or information relating to the matter which the Minister may deem necessary,

for the purposes of the review in terms of subsection (4) of the Minister’s action in respect of the organization or publication in question.

(4) The Chief Justice or such other judge of the appellate division of the Supreme Court of South Africa as the Chief Justice may designate for the purpose, shall consider the contents of all documents and all information submitted to the Chief Justice in terms of subsection (3) and may, if after such consideration he is satisfied that the Minister has in the matter in question—

exceeded the powers conferred upon him by this Act; or

acted in had faith; or

based his decision on considerations other than those contemplated in section 4 (1) or section 5 (1), whichever may be applicable,

set aside the steps taken by the Minister in respect of the organization or periodical or other publication in question, as the case may be, whereupon the notice whereby those steps were taken shall by like notice be withdrawn by the Minister.

(5) If after consideration of the documents and information in question the Chief Justice or the judge of appeal referred to in subsection (4), as the case may be, is not satisfied as