Page:Internal Security Act 1982 South Africa.pdf/22

GOVERNMENT GAZETTE, 9 JUNE 1982

Rh

the security of the State or the maintenance of law and order or that he propagates or promotes or is likely to propagate or promote such activities; or

if he has reason to suspect that a particular person who has been convicted of an offence specified in Schedule 2, engages or is likely to engage 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,

by a written notice signed by him and addressed to a member of the Prisons Service, as defined in section 1 of the Prisons Act, 1959 (Act No. 8 of 1959), who is in charge of a prison referred to in section 20 (1) (a) of the said Act, direct that the said person be detained in that prison.

(2) A notice referred to in subsection (1) shall be deemed to be a warrant referred to in section 27 (2) (e) of the Prisons Act, 1959, and the person to whom the notice relates shall be detained, in accordance with the provisions of regulations made by the Minister of Justice, in the prison in question for the period during which the notice is in force.

(3) (a) A copy of the notice referred to in subsection (1), signed by the Minister or certified by any officer acting under his authority to be a true copy, shall be delivered or tendered by a police officer to the person concerned and shall serve as a warrant for his arrest and removal to the prison in question (if he is not already in detention in the said prison) by that police officer.

(b) A copy referred to in paragraph (a) shall be accompanied by a written statement by the Minister setting forth the reasons for the detention of the person concerned and so much of the information which induced the Minister to issue the notice in question as can, in the opinion of the Minister, be disclosed without detriment to the public interest.

(4) Any police officer who has received information that a notice referred to in subsection (1) has been issued in respect of any person may without warrant arrest such person and keep him in custody for a period not exceeding seven days for the purposes of handing him over to the police officer referred to in subsection (3) (a).

(5) A telegram purporting to be from the Minister or any officer acting under his authority, stating that a notice has under subsection (1) been issued in respect of a particular person shall have the effect of such notice: Provided that if any such telegram is used in lieu of the notice in question, the Minister or the said officer shall as soon as possible forward the notice to the person referred to in subsection (1) who is in charge of the prison where the person to whom the notice applies is to be detained under such notice.

(6) Any person being detained in a prison by virtue of a notice referred to in subsection (1) may, if the Minister so directs in writing, be removed in custody from that prison and detained in any other prison referred to in section 20 (1) (a) of the Prisons Act, 1959, until such time as he is in terms of subsection (2) required to be released from detention.

(7) No court of law shall have jurisdiction to pronounce upon the validity of any regulation made under subsection (2).

(8) No person, other than the Minister, the Director, a judge of the Supreme Court of South Africa, a chairman of a board of review or any other person acting by virtue of his office in the service of the State—