Page:Internal Security Act 1982 South Africa.pdf/35

GOVERNMENT GAZETTE, 9 JUNE 1982

Rh be detained in a prison referred to in section 20 (1) (a) or (b) of the Prisons Act, 1959 (Act No. 8 of 1959), or a police cell or lock-up.

(2) (a) Any person arrested in terms of the provisions of subsection (1) may at any time be released from detention, but shall at the expiration of a period of forty-eight hours as from the time of his arrest be released from detention unless a warrant for his further detention has in terms of the provisions of paragraph (b) been issued before the expiration of the said period: Provided that no such person shall on any particular occasion when he is being detained in terms of the provisions of this section be so detained for a period exceeding fourteen days as from the date of his arrest.

(b) Whenever a magistrate is of the opinion, on the ground of information submitted to him upon oath by a police officer, that the further detention of any person arrested in terms of subsection (1) is justified on the ground of a consideration contemplated in paragraph (a) or (b), as the case may be, of that subsection, he may on the application of the said police officer issue a warrant for the further detention of such person.

(c) An application referred to in paragraph (b) shall be heard behind closed doors.

(d) For the purposes of this section “magistrate” shall include an additional magistrate and an assistant magistrate.

(3) Any person being detained in terms of the provisions of this section shall be so detained in accordance with the provisions of the Prisons Act, 1959, which relate to unconvicted prisoners awaiting trial for an alleged offence.

(4) The Commissioner shall. as soon as possible after the arrest of any person in terms of the provisions of subsection (1), notify the Minister of his name and the place where he is being detained unless such person has in terms of the provisions of this section been released from detention before the Commissioner could reasonably have effected such notification.

(5) A magistrate may at any time before the expiration of the period of fourteen days referred to in subsection (2) order the release of any person being detained in terms of the provisions of this section.

51. Nothing in this Chapter contained shall be construed as affecting or derogating from any right conferred or duty imposed upon any member of the police or any member of the public under any other statute or under the common law to assist in the dispersal of riotous gatherings or in the prevention and suppression of riotous and seditious acts.

52. So much of the common law as renders illegal any gathering of persons in the open air without the consent of the authorities shall cease to be in operation in the Republic.

53. (1) Whenever the holding or organizing of any procession without the permission, approval or leave of an institution or a body referred to in section 84 (1) (f) of the Republic of South Africa Constitution Act, 1961 (Act No. 32 of 1961), is prohibited in terms of a provision of any law, it shall for the purposes of such provision be deemed that, notwithstanding the granting of such permission, approval or leave for holding or organizing a procession, such permission, approval or leave has not been granted unless the magistrate of the district in which the procession is to be held or organized has also granted his permission, approval or leave for the holding or organizing of such procession.