Page:Internal Security Act 1982 South Africa.pdf/43

GOVERNMENT GAZETTE, 9 JUNE 1982

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movable property belonging to the offender, regardless of whether the sentence directs that in default of payment of the fine the offender shall undergo imprisonment.

(2) If the proceeds of the sale of the movable property of the offender are insufficient to satisfy the amount of the fine and the cost and expenses aforesaid, the court shall issue a warrant for the levy of the amount unpaid against the immovable property of the offender.

62. Any person who utters words or performs any other act with intent to cause, encourage or foment feelings of hostility between different population groups or parts of population groups of the Republic, shall be guilty of an offence and liable on conviction to a fine not exceeding two thousand rand or to imprisonment for a period not exceeding two years. or to both such fine and such imprisonment.

63. (1) The court convicting any person of an offence referred to in section 56 (1) (g) may declare the property in respect of which the offence was committed, or the rights of the convicted person to such property. forfeit to the State: Provided that such a declaration of forfeiture shall not affect any rights which any person other than the convicted person may have to such property, if it is proved that the said other person did not know that the property was being or would be used in contravention of the said section.

(2) Section 35 (4) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), shall mutatis mutandis apply in respect of such a forfeiture.

CHAPTER 7

64. No prosecution for an offence referred to in section 54 shall be instituted without the written authority of the attorney-general.

65. Any application for a direction referred to in section 153 (1) or (2) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), shall, if the criminal proceedings in connection with which that application is made is a prosecution for an offence referred to in section 54, be heard behind closed doors.

66. (1) Notwithstanding anything to the contrary in any law or the common law contained, no person shall be compelled and no person shall be permitted or ordered to give evidence or to furnish any information in any proceedings in any court of law or before any body or institution established by or under any law or before any commission as contemplated in the Commissions Act, 1947 (Act No. 8 of 1947), as to any fact, matter or thing or as to any communication made to or by such person, and no book or document shall be produced in any such proceedings, if an affidavit purporting to have been signed by the Minister responsible in respect of such fact, matter, thing, communication, book or document, or, in the case of a provincial administration. the Administrator concerned, is produced to the court of law, body, institution or commission concerned, to the effect that the said Minister or Administrator, as the case may be, has personally considered the said fact, matter, thing, communication, book or document, that, in his opinion, it affects the security of the State and that disclosure thereof will, in his opinion, prejudicially affect the security of the State.

(2) The provisions of subsection (1) shall not derogate from the provisions of any law or of the common law which do not compel or permit any person to give evidence or to furnish any information in any proceedings in any court of law or before any body or institution established by or under any law or before any commission as contemplated in the Commissions Act, 1947, as to any fact, matter or thing or as to any communication made to