Page:Internal Security Act 1982 South Africa.pdf/44

GOVERNMENT GAZETTE, 9 JUNE 1982

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or by such person, or to produce any book or document, in connection with any matter other than a matter affecting the security of the State.

67. Notwithstanding anything to the contrary in any law or the common law contained, whenever two or more persons are in any indictment, summons or charge alleged to have committed—

whether jointly or severally, offences in terms of section 54;

at the same time and place or at the same place and at approximately the same time, offences under this Act; or

at the same time and place or at the same place and at approximately the same time, similar offences by way of protest against any law or in support of any campaign against any law or in support of any campaign for the repeal or modification of any law or for the variation or limitation of the application or administration of any law,

such persons may be tried jointly for such offences on that indictment, summons or charge.

68. (1) Notwithstanding anything to the contrary in any law or the common law contained—

any offence under this Act shall, for the purposes of determining the jurisdiction of a court to try the offence, be deemed to have been committed at the place where it actually was committed and also at any place where the accused happens to be, and any attorney-general in the Republic shall have jurisdiction in respect of such offence committed outside the area of jurisdiction of that attorney-general, as if it had been committed within such area of jurisdiction;

the trial of any person accused of having committed any offence in terms of section 54 may, subject to the provisions of this section, be held at any time and at any place within the area of jurisdiction of the court concerned.

(2) If the Minister of Justice so directs, the trial of any person for an offence in terms of section 54 shall take place at such place in the Republic as the said Minister may determine.

(3) Whenever the trial for an offence in terms of section 54 committed outside the Republic takes place in the Republic, whether or not on the instructions of the Minister of Justice, the laws relating to procedure and evidence of the Republic shall apply in respect of such trial.

(4) A magistrate’s court which is not the court for a regional division shall, notwithstanding anything to the contrary in any law contained, have jurisdiction to impose any sentence or make any order provided for in sections 58, 59 and 60: Provided that no such magistrate’s court shall have jurisdiction to impose a sentence of a fine exceeding three thousand rand or imprisonment for a period exceeding three years.

69. (1) If in any prosecution in terms of this Act, or in any civil proceedings arising from the application of any provision of this Act, in which it is alleged that any person is or was a member or an active supporter of any organization, it is proved that he attended any meeting of that organization, or has advocated, advised, defended or encouraged the promotion of any of its purposes, or has distributed or assisted in the distribution of or caused to be distributed any periodical or other publication or document issued by, on behalf of or at the instance of that organization, he shall be presumed, until the contrary is proved, to be or to have been a member or an active supporter, as the case may be, of that organization.