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GOVERNMENT GAZETTE, 9 JUNE 1982

Rh shall have access to any person detained by virtue of the provisions of subsection (2), except with the consent of and subject to such conditions as may be determined by the Minister or the Commissioner; or

shall be entitled to any official information relating to or obtained from such person:

Provided that the provisions of this subsection relating to access to the person concerned shall not apply in respect of a legal representative assisting such person in the preparation of written documents referred to in subsection (9), provided such legal representative’s name does not appear on the consolidated list and no prohibition under this Act by way of a notice addressed and delivered or tendered to him is in force in respect of the said legal representative.

(9) Any person detained by virtue of the provisions of subsection (2) may at any time within a period of fourteen days as from the date upon which the copy of the notice in question, referred to in subsection (3), was delivered or tendered to him, make representations in writing to the Minister relating to his detention or release, and may within the said period in writing submit to the Minister any other information relating to the circumstances of his case.

(10) The Minister may at any time in writing withdraw a notice referred to in subsection (1).

(11) The Minister may in his discretion cause to be paid out of State moneys to any person detained by virtue of the provisions of subsection (2) an allowance in accordance with such scales as the Minister of Justice may with the concurrence of the Minister of Finance determine.

29. (1) Notwithstanding anything to the contrary in any law or the common law contained but subject to the provisions of subsection (3), any commissioned officer as defined in section 1 of the Police Act, 1958 (Act No. 7 of 1958), of or above the rank of lieutenant-colonel may, if he has reason to believe that any person who happens to be at any place in the Republic—

has committed or intends or intended to commit an offence referred to in section 54 (1), (2) or (4), excluding, in the case of an offence referred to in section 54 (4), such an offence which the suspect committed or intends or intended to commit in connection with a person suspected of having intended to commit or having committed the offence of sabotage; or

is withholding from the South African Police any information relating to the commission of an offence referred to in paragraph (a) or relating to an intended commission of such offence or relating to any person who has committed or who intends to commit such offence,

without warrant arrest such person or cause him to be arrested and detain such person or cause him to be detained for interrogation in accordance with such directions as the Commissioner may, subject to the directions of the Minister, from time to time issue, until—

the Commissioner orders his release when satisfied that the said person has satisfactorily replied to all questions at the interrogation or that no useful purpose will be served by his further detention in terms of the provisions of this section: Provided that in the case where at the conclusion of the interrogation the matter is submitted to the attorney-genera] for his decision as to whether or not a prosecution should be instituted against the said person, that person shall, notwithstanding the aforegoing provisions of this paragraph, be detained in terms of the provisions of this section until—

in the case where the attorney-general declines to prosecute, his decision in this regard is made known; or