Page:Internal Security Act 1982 South Africa.pdf/30

GOVERNMENT GAZETTE, 9 JUNE 1982

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by the board of review remain in force in respect of the person concerned, the Minister shall within fourteen days after such refusal submit—

all the documents referred to in section 38 (2);

a copy of the report submitted to him by the board of review in terms of section 38 (5); and

such further report, if any, as the Minister may deem necessary,

and which relate to the matter in question, to the Chief Justice of South Africa for the purposes of the review, in terms of subsection (2), of the Minister’s action in respect of the person concerned,

(2) The Chief Justice or such other judge of the appellate division of the Supreme Court of South Africa as may be designated for that purpose by the Chief Justice shall consider the contents of all documents submitted to the Chief Justice in terms of subsection (1) and may, if after such consideration he is satisfied that in the matter in question the Minister—

exceeded the powers conferred upon him by this Act; or

acted in bad faith; or

based his decision on considerations other than those contemplated in section 18 (1), 19 (1) or (2), 20 or 28 (1), whichever is applicable in the matter in question,

set aside the steps taken by the Minister in respect of the person concerned, whereupon the notice whereby those steps were taken shall by like notice be withdrawn by the Minister.

(3) If the Chief Justice or the judge of appeal referred to in subsection (2), as the case may be, is after consideration of the documents in question not satisfied as contemplated in that subsection, he shall endorse on the written statement referred to in section 38 (2) (b) which has been submitted to the Chief Justice in terms of subsection (1) (a) of this section, his certificate to the effect that no grounds exist for the setting aside of the relevant steps taken by the Minister.

(4) No court of law shall have jurisdiction to pronounce upon any finding in terms of subsection (2) or (3) of the Chief Justice or of the judge of appeal referred to in subsection (2).

(5) If the Chief Justice or a judge of appeal has under subsection (2) set aside any steps taken by the Minister, he shall furnish the Minister with the reasons for setting aside such steps.

42. (1) No proceedings shall after the expiration of a period of fourteen days as from the date upon which a notice was in terms of section 18 (1), 19 (1) or (2), 20 or 28 (3) (a) delivered or tendered to the person concerned, be instituted in any court for an order declaring that notice invalid, and no court shall after the expiration of a period of twelve months as from that date have jurisdiction to pronounce in such proceedings upon the validity of that notice: Provided that if the court concerned is satisfied that the fact that such proceedings have at the expiration of the said period of twelve months not yet been concluded, is not due to the fault of the party who instituted the proceedings, the court may extend that period by such further period as the court may deem fit.

(2) No court shall have jurisdiction to make an order whereby, pending the outcome of any proceedings referred to in subsection (1), the operation of any notice which has in terms of section 18 (1), 19 (1) or (2), 20 or 28 (3) (b) been delivered or tendered to the person concerned, is suspended or in any other manner postponed.

(3) The provisions of section 38 shall not apply in respect of steps taken by the Minister in terms of section 18 (1), 19 (1) or (2), 20 or 28 (1) in respect of any person, if proceedings as contemplated in subsection (1) have been instituted in connection with the notice whereby those steps were taken by the Minister, and if such proceedings are instituted at a time when steps have