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GOVERNMENT GAZETTE, 9 JUNE 1982

Rh

by virtue of the provisions of section 38 already been taken in relation to the case in question, all steps so taken shall lapse.

43. (1) Any person who—

is subject to any restriction imposed upon him by way of a notice in terms of section 18 (1), 19 or 20; or

is in detention in terms of the provisions of section 28,

may after the expiration of a period of—

in the case of a person referred to in paragraph (a), twelve months; or

in the case of a person referred to in paragraph (b), six months,

as from the date upon which that person was in terms of the provisions of section 38 (7) notified of the outcome of the investigation by a board of review in respect of his case, and thereafter at intervals of not less than twelve months, in the case of a person referred to in paragraph (a), or six months, in the case of a person referred to in paragraph (b), as from the date upon which such person was notified of the outcome of an investigation in terms of this section, request the Minister in writing to submit his case to the board of review concerned for investigation and consideration and may in such request specify any change in the circumstances or of the facts pertaining to his case which has occurred since the initial investigation referred to in this subsection, and which in his opinion may serve as justification for the amendment of the provisions of, or the withdrawal of, the notice in terms of which the said restrictions are applicable to him or he is in detention.

(2) As soon as possible after receipt of a request referred to in subsection (1), the Minister shall submit such request together with his report on the matter to the board of review concerned for investigation and consideration.

(3) The provisions of section 38 (3) to (7), inclusive, shall mutatis mutandis apply in respect of the investigation and consideration by the board of review of any matter submitted to it in terms of subsection (2), and to the furnishing of the Minister with a report after the conclusion of such investigation.

(4) The Minister need not give effect to any recommendation made to him by a board of review by virtue of the provisions of subsection (3), but if the Minister’s refusal to give effect to such recommendation has the effect that stricter measures than those recommended by the board of review remain in force in respect of the person concerned, the Minister shall within fourteen days after such refusal submit a copy of—

the request referred to in subsection (1),

his report referred to in subsection (2); and

the report of the board of review referred to in subsection (3),

to the Chief Justice of South Africa for the purposes of the review of the Minister’s action in respect of the person concerned, and the provisions of section 41 (2), to (4), inclusive, shall mutatis mutandis apply in respect of such review.

(5) The case of a person referred to in subsection (1) (a) or (b) of this section in respect of whom an investigation in terms of section 38 was excluded by virtue of the provisions of section 42 (3) may, notwithstanding the provisions of the said section 42 (3), be submitted, in the circumstances referred to in and in accordance with the provisions of this section, for investigation and consideration by a board of review, and the reference in subsection (1) to the date upon which a person was in terms of the provisions of section 38 (7) notified of the outcome of the investigation by a board of review in respect of his case shall, for the purposes of this subsection, be construed as a reference to the date upon which judgment was given by the court concerned in a relevant proceeding referred to in section 42 (3).