Page:Internal Security Act 1982 South Africa.pdf/40

GOVERNMENT GAZETTE, 9 JUNE 1982

Rh

whose name appears on the consolidated list;

while being incapable in terms of section 33 (2) of being elected a member of the House of Assembly or of a provincial council, accepts nomination for election as such a member;

refuses or fails to answer to the best of his knowledge any question which an authorized officer or a liquidator has put to him in the exercise of his powers in terms of this Act;

refuses or fails to comply to the best of his ability with any requirement or direction of an authorized officer or a liquidator in terms of this Act;

hinders an authorized officer or a liquidator in the performance of his functions in terms of this Act or, without the consent of the liquidator of an unlawful organization, destroys, alters or removes any property or document held by that organization or held by any person for the benefit of that organization; or

contravenes the provisions of section 6 (4),

shall, subject to the provisions of subsections (2) and (3), be guilty of an offence and liable on conviction—

in the case of an offence referred to in paragraph (a), (b), (d), (e) or (f), to imprisonment for a period not exceeding ten years;

in the case of an offence referred to in paragraph (c), (g), (h), (i), (j), (k), (o), (p) or (q), to imprisonment for a period not exceeding three years;

in the case of an offence referred to in paragraph (l), (m) or (n), to imprisonment for a period not exceeding one year and on a second or subsequent conviction to imprisonment for a period not exceeding two years;

in the case of an offence referred to in paragraph (r), (s), (t) or (u), to a fine not exceeding one thousand rand or to imprisonment for a period not exceeding one year. or to both such fine and such imprisonment.

(2) No person shall be convicted of an offence referred to in subsection (1) (c) or (h) if he satisfies the court that as soon as practicable after having become aware of being in possession of a publication referred to in that subsection, he took reasonable steps to report the fact of his being so in possession of such publication to a police officer, or to deliver the publication in question to a police officer.

(3) No person shall be convicted of an offence referred to in paragraph (p) of subsection (1) by virtue of the provisions of subparagraph (i) or (ii) of the said paragraph unless the name of the person in connection with whose speech, utterance, writing or statement the offence is alleged to have been committed, appeared at the time of the alleged offence on a list referred to in section 27 (3) or, in a case where the name of the said person has not yet been entered in such list. unless particulars of the relevant prohibition or of the relevant declaration had at that time been published in the Gazette in accordance with the provisions of section 27 (2) or by way of a notice contemplated in section 23 (1), as the case may be.

(4) The provisions of subsection (1) (p) shall not prohibit any university established or incorporated by an Act of Parliament, or any other institution designated by the Minister from time to time by notice in the Gazette, from keeping, subject to the provisions of regulations made under subsection (5), any publication containing or consisting of any speech, utterance, writing or statement referred to in subsection (1) (p), or any extract from