Page:Suppression of Communism Act 1950.pdf/12



has caused written notice to be published, distributed or despatched, inviting the public, or any members of the public, to assemble at a specified time and place;

has himself, or through another person, orally invited the public or any members of the public so to assemble; or

has taken any active part in making arrangements for the publication, distribution or despatch of such a notice, or in organizing or making preparations for such an assembly.

(3) No person shall be convicted of an offence under paragraph (g) of section eleven if he satisfies the court that he had no knowledge of the prohibition of the gathering concerned.

13. (1) The court convicting any person of an offence under paragraph (e) of section eleven, may declare the property in respect of which the offence was committed, or the rights of the convicted person to such property, to be forfeited to the State: Provided that such declaration shall not affect any rights which any person other than the convicted person may have to such property, if it is proved that he did not know that it was being or would be used in contravention of the said paragraph.

(2) Sub-sections (4) and (5) of section three hundred and sixty-six of the Criminal Procedure and Evidence Act, 1917 (Act No. 31 of 1917), shall mutatis mutandis apply in respect of any such forfeiture.

14. Any person who is not a South African citizen and who is deemed by the Governor-General, or in the case of an inhabitant of the Territory of South-West Africa, by the Administrator of the said territory, to be an undesirable inhabitant of the Union or of the said territory, as the case may be, because he is a communist or has been convicted of any offence under paragraph (a), (b), (c), (d), (e), (g), (h) or (i) of section eleven, may be removed from the Union or from the said territory, and pending removal, may be detained in custody in the manner provided for the detention, pending removal from the Union or from the said territory, of persons who are prohibited immigrants within the meaning of the relevant law relating to the regulation of immigration; and thereafter such person shall, for the purposes of such law, be deemed to be a prohibited immigrant.

15. Whenever any action has been taken under section two, five, six, nine, ten or fourteen, the Minister shall report the circumstances to both Houses of Parliament within fourteen days if Parliament be then in session or, if Parliament be not then in session, within fourteen days after the commencement of its next ensuing session.