Suppression of Communism Act, 1950/1954-04-15

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as amended by

Suppression of Communism Amendment Act, No. 50 of 1951 Riotous Assemblies and Suppression of Communism Amendment Act, No. 15 of 1954

5. (1) The Minister may by notice in writing addressed and delivered or tendered to the person concerned require any person whose name appears on any list in the custody of the officer referred to in section eight, or who has been convicted of an offence under section eleven or is a communist—

to comply, while he is an office-bearer, officer or member of any organization specified in the notice, or a member of any public body so specified or while he holds any public office so specified, with such conditions as may be prescribed therein;

to resign as an office-bearer, officer or member of an organization specified in the notice, within a period so specified, not again to become an office-bearer, officer or member of that organization and not to take part in its activities;

not to become an office-bearer, officer or member and not to take any part in the activities of any organization specified in the notice or of any kind of organization so specified;

not to become a member of any public body specified in the notice or to hold any public office so specified or, if he is such a member or holds such an office, to resign, within a period so specified, as such member or from such office and not again to become such a member or hold such office;

not to attend any gathering in any place within an area and during a period specified in the notice.

(1)bis. If, in the case of a senator, a committee of the Senate or, in the case of a member of the House of Assembly or a provincial council or the Legislative Assembly of the territory of South West Africa, a committee of the House of Assembly reports to the Senate or the House of Assembly, as the case may be—

that the name of a senator or, as the case may be, of such a member appears on a list in the custody of the officer referred to in section eight and that there are no circumstances which would justify the removal of his name from such list; or

that a senator or such a member has been convicted of an offence under section eleven or is a communist; or

that a senator or such a member is or was at any time before or after the commencement of this Act an office-bearer, officer, member or active supporter of the Communist Party of South Africa, whether or not his name appears on any such list as aforesaid, or that he has at any time before or after the commencement of this Act professed to be a communist or advocated, advised, defended or encouraged the achievement of any of the objects of communism or any act or omission which was calculated to further the achievement of any such object,

the Minister may if the said report is approved by the Senate or, as the case may be, the House of Assembly and the Senate or the House of Assembly, as the case may be, does not recommend that no action be taken, notify that senator or that member, as the case may be, and also the President of the Senate or, as the case may be, the Speaker of the House of Assembly or the Chairman of the provincial council concerned or the Legislative Assembly of the said territory, in writing that the said senator or member shall as from a date specified in the notice, cease to be a senator or such a member, and as from that date he shall for all purposes be deemed to be incapable of sitting as a senator or such a member in terms of section fifty-three of the South Africa Act, 1909, or in terms of the said section as applied to members of the provincial councils by section seventy-two of the said Act, or in terms of section seventeen of the South-West Africa Constitution Act, 1925 (Act No. 42 of 1925), and his seat shall become vacant.

(2) The Minister may at any time in like manner withdraw or vary any notice under sub-section (1).

(3) The Minister shall not exercise the powers conferred upon him by paragraph (a) or (b) of sub-section (1) in relation to a person who is an office-bearer, officer or member of an employers’ organization or trade union registered under the Industrial Conciliation Act, 1937 (Act No. 36 of 1937), nor require any person in terms of paragraph (c) of the said sub-section not to become an office-bearer, officer or member and not to take part in the activities of such an employers’ organization or trade union, except after consultation with the Minister of Labour.

(4) Notwithstanding anything contained in any instrument, rule or agreement governing the relations between any organization and any office-bearer, officer or member thereof who has under sub-section (1) been required to resign, such office-bearer, officer or member may by resignation terminate his relationship with such organization as from the date of the resignation.

(5) Nothing in this section contained shall derogate from the provisions of sub-section (3) of section sixty-eight or section one-hundred-and-one of the South Africa Act, 1909.

5bis. (1) No person in respect of whom a notice has been issued in terms of paragraph (a) of sub-section (1)bis of section five and no person whose name appears on any list in the custody of the officer referred to in section eight or who has been convicted of an offence under section eleven or is a communist, whether he has been nominated for election before or after the date of commencement of the Riotous Assemblies and Suppression of Communism Amendment Act, 1954, shall be capable of being chosen and, if he is chosen, of sitting as a senator or as a member of the House of Assembly or of a provincial council or the Legislative Assembly of the territory of South-West Africa unless he has, prior to his election, obtained the written approval of the Minister or the leave of the Senate, in the case of a person seeking election as a senator, or of the House of Assembly in any other case.

(2) If any person who is incapable of being chosen of sub-section (1) is chosen as a senator or such a member, the Minister shall notify that senator or that member, as the case may be, and also the President of the Senate or, as the case may be, the Speaker of the House of Assembly or the Chairman of the provincial council concerned or the Legislative Assembly of the territory of South-West Africa in writing that the said senator or member was incapable in terms of sub-section (1) of being chosen as a senator or such a member and thereupon his seat shall be deemed vacant.

8bis. (1) It shall in any prosecution under this Act or in any civil proceedings arising from the application of the provisions of this Act, be presumed, until the contrary is proved, that the name of any person appearing on any list compiled under sub-section (10) of section four or sub-section (2) of section seven has been correctly included in that list: Provided that in any such prosecution or civil proceedings instituted after the expiration of a period of twelve months from the date of commencement of the Riotous Assemblies and Suppression of Communism Amendment Act, 1954, or the date upon which the name of the person concerned was included in the list, whichever be the later date, no person shall question the correctness of the inclusion in the list of the name of the said person unless proceedings for the removal from the list of the name of the said person has been instituted by him within the said period of twelve months and such proceedings have not been disposed of.

(2) No proceedings for the removal of the name of any person from any list compiled under sub-section (10) of section four or sub-section (2) of section seven shall be instituted in any court after the expiration of a period of twelve months from the date of commencement of the Riotous Assemblies and Suppression of Communism Amendment Act, 1954, or from the date upon which the name of such person was included in such list, whichever be the later date.

(3) Proceedings in any court for the removal of the name of any person from any list referred to in sub-section (2) shall be instituted by way of action only.

9. (1) Whenever in the opinion of the Minister there is reason to believe that the achievement of any of the objects of communism would be furthered—

by the assembly of a particular gathering in any place within the Union or of any gathering during any period in any place within any area or on any particular day of the week; or

if a particular person were to attend any gathering in any place,

the Minister may, in the manner provided in sub-section (1) of section one of the Riotous Assemblies and Criminal Law Amendment Act, 1914 (Act No. 27 of 1914), prohibit the assembly of such a gathering, or he may by notice under his hand addressed and delivered or tendered to that particular person, prohibit him from attending any gathering in any place within an area and during a period specified in such notice.

(2) If any person to whom a notice has been delivered or tendered under sub-section (1) requests the Minister in writing to furnish him with the reasons for such notice and with a statement of the information which induced the Minister to issue such notice, the Minister shall furnish such person with a statement in writing setting forth his reasons for such notice and so much of the information which induced the Minister to issue the notice as can, in his opinion, be disclosed without detriment to public policy.

10. (1) Whenever the Minister is satisfied that any person is in any area advocating, advising, defending or encouraging the achievement of any of the objects of communism or any act or omission which is calculated to further the achievement of any such object, or is likely in any area to advocate, advise, defend or encourage the achievement of any such object or any such act or omission, he may by notice under his hand, addressed and delivered or tendered to such person, prohibit him, after a period stated in such notice being not less than seven days from the date of such delivery or tender, and during a period likewise stated therein, from being within any area defined in such notice: Provided that the Minister may at any time withdraw or modify any such notice or grant such person permission in writing to visit temporarily any place where he is not permitted to be in terms of such notice.

(1)bis. If any person to whom a notice has been delivered or tendered under sub-section (1) requests the Minister in writing to furnish him with the reasons for such notice, and with a statement of the information which induced the Minister to issue such notice, the Minister shall furnish such person with a statement in writing setting forth his reasons for such notice and so much of the information which induced the Minister to issue the notice as can, in his opinion, be disclosed without detriment to public policy.

(2) Whenever any person who has received a notice in terms of sub-section (1) is necessarily put to any expense in order to comply with such notice, the Minister may in his discretion cause such expense, or any part thereof, to be defrayed out of moneys appropriated by Parliament for the purpose and may further in his discretion, cause to be paid out of such moneys to such person a reasonable subsistence allowance during any period whilst such notice applies to him.

(3) Subject to the proviso to sub-section (1) any person who contravenes or fails to comply with any notice delivered or tendered to him in terms of sub-section (1) may at any time after the expiration of the period of not less than seven days stated in such notice, in addition to any penalty that may be imposed upon him, be removed by any member of the police force duly authorized thereto in writing by any commissioned police officer from any area wherein he is prohibited to be in terms of such notice.

11. Any person who—

 (a) performs any act which is calculated to further the achievement of any of the objects of communism;

 (b) advocates, advises, defends or encourages the achievement of any such object or any act or omission which is calculated to further the achievement of any such object;

 (c) contravenes any provision of paragraph (a) of sub-section (1) of section three;

 (d) prints, publishes or disseminates any periodical publication or disseminates any other publication in contravention of a proclamation under section six;

 (e) knowingly allows any premises or any other property whatsoever to be used for the purposes of or in connection with any offence under paragraph (a), (b), (c) or (d);

 (f) fails to comply with any requirement of a notice under section five;

 (f)bis while being incapable in terms of section five bis of being chosen as a senator or as a member of the House of Assembly or of a provincial council or the Legislative Assembly of South-West Africa, accepts nomination for election as a senator or as such a member;

 (g) after a prohibition referred to in section nine and in contravention thereof, convenes a gathering in any place, or presides at or addresses a gathering the assembly whereof in any place has been prohibited under section nine;

 (g)bis at any gathering reproduces by mechanical means a speech or statement made at any time by a person who is in terms of a notice under paragraph (e) of sub-section (1) of section five or section nine prohibited from attending that gathering;

 (h) in contravention of a notice delivered or tendered to him in terms of section nine attends any gathering;

 (i) subject to the proviso to sub-section (1) of section ten, contravenes or fails to comply with any notice delivered or tendered to him in terms of sub-section (1) of section ten;

 (j) 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 functions under this Act;

 (k) refuses or fails to comply to the best of his power with any requirement made by an authorized officer or liquidator under this Act;

 (l) hinders an authorized officer or a liquidator in the performance of his functions under 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

 (m) contravenes the provisions of sub-section (4) of section seven,

shall be guilty of an offence, and liable—

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

in the case of an offence referred to in paragraph (e), (f), (f)bis, (g), (g)bis, (h) or (i) to imprisonment for a period not exceeding three years; and

in the case of an offence referred to in paragraph (j), (k), (l) or (m) to a fine not exceeding two hundred pounds or to imprisonment for a period not exceeding one year, or to both such fine and imprisonment.

12. (1) If in any prosecution under this Act, or in any civil proceedings arising from the application of the provisions of this Act, in which it is alleged that any person is or was a member or 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 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 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 active supporter, as the case may be, of that organization.

(2) A person shall in any prosecution for an offence under paragraph (g) of section eleven be deemed to have convened a gathering in any place if he—

has himself, or through another person, 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, or has encouraged or assisted in the publication, distribution or despatch of such a notice;

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 and no person shall be convicted of an offence under paragraph (g)bis of section eleven if he satisfies the court that he had no knowledge of the fact that the person whose speech or statement he is alleged to have reproduced at any gathering was prohibited from attending that gathering under paragraph (e) of sub-section (1) of section five or section nine and that before he thus reproduced the said speech or statement he took all reasonable steps to ascertain whether or not the said person was so prohibited.

(4) In any prosecution under this Act or in any civil proceedings arising from the application of the provisions of this Act, any document, book, record, pamphlet or other publication or written instrument—

which is proved to have been found in or removed from the possession, custody or control of the accused or any party to the proceedings or of any person who was at any time before or after the commencement of this Act an office-bearer or officer of the organization of which the accused or the said party is alleged to be or to have been an office-bearer, officer, member or active supporter and which has been declared an unlawful organization; or

which is proved to have been found in or removed from any office or other premises occupied or used at any time before or after the commencement of this Act by the organization of which the accused or the said party is alleged to be or to have been an office-bearer, officer, member or active supporter and which has been declared an unlawful organization, or by a person in his capacity as an office-bearer or officer of that organization; or

which on the face thereof has been compiled, kept, maintained, used, issued or published by or on behalf of the organization of which the accused or the said party is alleged to be or to have been an office-bearer, officer, member or active supporter and which has been declared an unlawful organization,

and any photostatic copy of any document, book, record, pamphlet, or other publication or written instrument referred to in paragraph (a), (b) or (c), shall be admissible in evidence against the accused or, as the case may be, the said party to the proceedings as prima facie proof of the contents thereof.

(5) Any list or portion of a list certified by an officer, who certifies that he has been designated by the Minister under section eight to keep in his custody the lists compiled under sub-section (10) of section four and sub-section (2) of section seven, to be a list or portion of a list in his custody under section eight, shall on its mere production in any prosecution under this Act or in any civil proceedings arising from the application of the provisions of this Act, be admissible in evidence as prima facie proof of the contents thereof.

14. Any person who is not a South African citizen by birth or descent 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.