Page:Internal Security Act 1982 South Africa.pdf/17

GOVERNMENT GAZETTE, 9 JUNE 1982

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been expected to know that the activities, purposes, control or identity of the organization in question were of such a nature as might render that organization liable to be declared an unlawful organization under section 4 (1) or (2).

(c) The Director shall in writing notify every person whose name has by virtue of the provisions of subsection (1) (b) or (c) been entered in the consolidated list that his name has been so entered.

(4) The Minister may, on good cause shown, direct the Director to remove from the consolidated list the name of a person appearing thereon, and the Director shall upon receipt of such direction remove the name in question accordingly.

(5) The name of a person whose name appears on the consolidated list by virtue of the provisions of subsection (1) (a) shall be removed therefrom by the Director if the notice declaring the organization in question to be an unlawful organization is withdrawn in terms of any provision of this Act.

(6) The Director shall—

before the expiration of a period of twelve months from the date of commencement of this Act cause to be published in the Gazette the consolidated list containing such names as have already been entered by him in the said list in terms of the provisions of this section, and shall thereafter from time to time but at intervals not exceeding three years cause the consolidated list as kept up to date by him to be so published;

give notice in the Gazette of every removal by him, in terms of the provisions ot this section, of a name from the consolidated list.

17. (1) In any prosecution in terms of this Act or in any civil proceedings arising from the application of the provisions of this Act it shall be presumed, unless the contrary is proved, that the name of any person appearing on the consolidated list has rightly been entered in the said list: Provided that in any such prosecution or civil proceedings instituted after the expiration of a period of twelve months as from the date upon which the name of the person concerned was entered in the consolidated list, no person shall question the correctness of the entering in the consolidated list of the name of the said person unless proceedings for the removal from the said list of the name of the said person have been instituted by him within the said period of twelve months and such proceedings have at the expiration of the said period not yet been concluded.

(2) No proceedings for the removal from the consolidated list of the name of any person appearing on the consolidated list shall be instituted in any court after the expiration of a period of twelve months as from the date upon which the name of such person has been entered in the list.

(3) Proceedings in any court for the removal of the name of any person from the consolidated list shall be instituted by way of action only.

CHAPTER 3

18. (1) The Minister may by a written notice signed by him and addressed and delivered or tendered to the person concerned, require any person—

who the Minister is satisfied engages in activities which endanger or are calculated to endanger the security of the State or the maintenance of law and order or propagates or promotes or is likely to propagate or promote such activities; or