Suppression of Communism Act, 1950/1963-05-02

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To declare the Communist Party of South Africa to be an unlawful organization; to make provision for declaring other organizations promoting communistic activities to be unlawful and for prohibiting certain periodical or other publications; to prohibit certain communistic or other undesirable activities; and to make provision for other incidental matters.

as amended by

Suppression of Communism Amendment Act, No. 50 of 1951 Riotous Assemblies and Suppression of Communism Amendment Act, No. 15 of 1954 General Law Amendment Act, No. 76 of 1962 General Law Amendment Act, No. 37 of 1963

E IT ENACTED by the King’s Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows:―

1. (1) In this Act, unless the context otherwise indicates— “authorized officer” means a person designated as such under sub-section (1) of section seven, and includes any person acting under his written authority;

“communism” means the doctrine of Marxian socialism as expounded by Lenin or Trotsky, the Third Communist International (the Comintern) or the Communist Information Bureau (the Cominform) or any related form of that doctrine expounded or advocated in the Republic for the promotion of the fundamental principles of that doctrine and includes, in particular, any doctrine or scheme—

which aims at the establishment of a despotic system of government based on the dictatorship of the proletariat under which one political organization only is recognized and all other political organizations are suppressed or eliminated; or

which aims at bringing about any political, industrial, social or economic change within the Republic by the promotion of disturbance or disorder, by unlawful acts or omissions or by the threat of such acts or omissions or by means which include the promotion of disturbance or disorder, or such acts or omissions or threat; or

which aims at bringing about any political, industrial, social or economic change within the Republic in accordance with the directions or under the guidance of or in co-operation with any foreign government or any foreign or international institution whose purpose or one of whose purposes (professed or otherwise) is to promote the establishment within the Republic of any political, industrial, social or economic system identical with or similar to any system in operation in any country which has adopted a system of government such as is described in paragraph (a); or

which aims at the encouragement of feelings of hostility between the European and non-European races of the Republic the consequences of which are calculated to further the achievement of any object referred to in paragraph (a) or (b);

“communist” means a person who professes or has at any time before or after the commencement of this Act professed to be a communist or who, after having been given a reasonable opportunity of making such representations as he may consider necessary, is deemed by the State President or, in the case of an inhabitant of the territory of South-West Africa, by the Administrator of the said territory, to be a communist on the ground that he is advocating, advising, defending or encouraging or has at any time before or after the commencement of this Act, whether within or outside the Republic, advocated, advised, defended or encouraged 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 that he has at any time before or after the commencement of this Act been a member or active supporter of any organization outside the Republic which professed, by its name or otherwise, to be an organization for propagating the principles or promoting the spread of communism, or whose purpose or one of whose purposes was to propagate the principles or promote the spread of communism, or which engaged in activities which were calculated to further the achievement of any of the objects of communism;

“document” includes any book, pamphlet, record, list, placard, poster, drawing, photograph or picture;

“gathering” means any gathering, concourse, or procession in, through or along any place, of any number of persons having, except in the case of any gathering contemplated in sub-paragraph (ii) of paragraph (e) of sub-section (1) of section five or paragraph (b) of sub-section (1) or (3) of section nine, a common purpose, whether such purpose be lawful or unlawful;

“liquidator” means a person designated as such under paragraph (b) of sub-section (1) of section three, and includes any person acting under his written authority;

“Minister” means the Minister of Justice;

“office-bearer”, in relation to any organization, means a member of the governing or executive body of—

the organization; or

any branch, section or committee of the organization; or

any local, regional or subsidiary body forming part of the organization;

“officer”, in relation to any organization, means any person working for the organization or for any branch, section or committee, or for any local, regional or subsidiary body forming part of the organization;

“organization” means any association of persons, incorporated or unincorporated, and whether or not it has been established or registered in accordancewith any statute;

“periodical publication” means any publication appearing at intervals;

“place” means any place, whether or not it is a public place, and includes any premises, building, dwelling, flat, room, office, shop, structure, vessel, aircraft or vehicle, and any part of a place;

“publication” means any newspaper, magazine, pamphlet, book, hand-bill or poster;

“public body” means any institution or body contemplated in paragraph (vi) of section eighty-five of the South Africa Act, 1909 and includes any institution or body established by law;

“public office” means any office or post in the service of the State (including the Railway Administration, a provincial administration or the administration of the territory of South-West Africa) or a public body, and includes any office or post in the Defence Forces of the Republic;

“Republic” includes the territory of South-West Africa;

“the Communist Party of South Africa” means the organization known by that name on the fifth day of May, 1950, irrespective of whether or nor it has thereafter been dissolved and notwithstanding any change in the name of that organization after the said date; and

“unlawful organization” means an organization which is an unlawful organization in terms of sub-section (1) of section two or a proclamation under sub-section (2) of the said section, and includes any branch, section or committee of any such organization and any local, regional or subsidiary body forming part of any such organization.

(2) A strike or lock-out (as defined in section one of the Industrial Conciliation Act, 1937 (Act No. 36 of 1937)) which follows upon a labour dispute for the settlement of which the proceedings prescribed by the said Act have been taken, and which is not in contravention of the provisions of the said Act, or the promotion of or participation in such a strike or lock-out, shall not for the purposes of paragraph (b) of the definition of “communism” be regarded as an unlawful act or omission or as the promotion of disturbance or disorder.

(3) For the purposes of the definition of “unlawful organization” a proclamation under sub-section (2) of section two shall not be invalid or ineffective by reason of the fact that the organization concerned had been dissolved before the taking effect of such proclamation.

10. (1) (a) If the name of any person appears on any list in the custody of the officer referred to in section eight or the Minister is satisfied that any person—

advocates, advises, defends or encourages 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 to advocate, advise, defend or encourage the achievement of any such object or any such act or omission; or

engages in activities which are furthering or may further the achievement of any such object,

the Minister may by notice under his hand addressed and delivered or tendered to any such person and subject to such exceptions as may be specified in the notice or as the Minister or a magistrate acting in pursuance of his general or special instructions may at any time authorize in writing, prohibit him, during a period so specified, from being within or absenting himself from any place or area mentioned in such notice or, while the prohibition is in force, communicating with any person or receiving any visitor or performing any act so specified: Provided that no such prohibition shall debar any person from communicating with or receiving as a visitor any advocate or attorney managing his affairs whose name does not appear on any list in the custody of the officer referred to in section eight and in respect of whom no prohibition under this Act by way of a notice addressed and delivered or tendered to him is in force.

(a)bis Notwithstanding anything to the contrary in any law contained, the Minister may, if he is satisfied that any person serving any sentence of imprisonment imposed under the provisions of this Act or this Act as applied by any other law or the Public Safety Act, 1953 (Act No.3 of 1953), or the Criminal Law Amendment Act, 1953 (Act No. 8 of 1953), or the Riotous Assemblies Act, 1956 (Act No. 17 of 1956), or section twenty-one of the General Law Amendment Act, 1962 (Act No. 76 of 1962), is likely to advocate, advise, defend or encourage the achievement of any of the objects of communism, by notice under paragraph (a) prohibit such person from absenting himself, after serving such sentence, from any place or area which is or is within a prison as defined in section one of the Prisons Act, 1959 (Act No. 8 of 1959), and a copy of the notice certified by the Secretary for Justice or any officer acting under his authority to be a true copy shall be deemed to be a warrant referred to in paragraph (e) of sub-section (2) of section twenty-seven of the Prisons Act, 1959, and the person to whom the notice applies shall, subject to such conditions as the Minister may from time to time determine, be detained in custody in such place or area for such period as the notice may be in force.

(a)ter Subject to the provisions of paragraph (a)quat the provisions of paragraph (a)bis shall lapse on the 30th June, 1964.

(a)quat The operation of the provisions of paragraph (a)bis may from time to time by resolution of the Senate and the House of Assembly be extended for a period not exceeding twelve months at a time.

(a)quin A telegram purporting to be from the Secretary for Justice or any officer acting under his authority, stating that a notice has been issued under this section prohibiting a specified person from absenting himself for a specified period from a specified place or area which is or is within a prison, shall have the effect of such notice or a copy thereof certified by the said Secretary or officer to be a true copy: Provided that if any such telegram is used in lieu of the notice or copy thereof concerned, the said Secretary or officer shall as soon as may be forward the notice or copy, as the case may be, to the officer in charge of the prison where the person to whom the notice applies is to be detained under such notice, and the last-mentioned officer shall hand over any such notice received by him to such person at his request.

(b) The Minister may at any time by like notice withdraw or vary any 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.

(1)ter. Without prejudice to the provisions of sub-section (1) the Minister may, before deciding to impose any prohibition on any person under the said sub-section, require any magistrate to administer to such person a warning to refrain from engaging in any activities calculated to further the achievement of any of the objects of communism.

(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) Any person who has by notice under this section been prohibited from being within or absenting himself from any place or area may, if, at the time the notice is delivered or tendered to him or at any time thereafter, he is at or in or, as the case may be, elsewhere than at or in that place or area, be arrested without warrant by any member of the South African Police and be removed from or to such place or area by that member or any other such member and may pending his removal be detained in custody.

(4) Any person who has by notice under this section been prohibited from absenting himself from any place or area, shall be deemed to have absented himself from such place or area, if, at any time after the notice has been delivered or tendered to him, he is elsewhere than at such place or in such area.

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;

 (b)bis is or was resident in the Republic and has, at any place outside the Republic and at any time after the commencement of this Act, advocated, advised, defended or encouraged the achievement by violent or forcible means of any object directed at bringing about any political, industrial, social or economic change within the Republic by the intervention of or in accordance with the directions or under the guidance of or in co-operation with or with the assistance of any foreign government or any foreign or international body or institution, or the achievement of any of the objects referred to in paragraphs (a) to (d), inclusive, of the definition of “communism”;

 (b)ter is or was resident in the Republic and has, at any time after the commencement of this Act, undergone any training outside the Republic or obtained any information from a source outside the Republic which could be of use in furthering the achievement of any of the objects of communism or of any body or organization which has been declared to be an unlawful organization under the Unlawful Organizations Act, 1960 (Act No. 34 of 1960), and who fails to prove beyond a reasonable doubt that he did not undergo any such training or obtain any such information for the purpose of using it or causing it to be used in furthering 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;

 (d)bis while his name appears on any list in the custody of the officer referred to in section eight or while any prohibition under this Act by way of a notice addressed and delivered or tendered to him is in force, changes the place of his residence or employment and fails forthwith to give notice thereof in person to an officer in charge of a police station;

 (d)ter while his name so appears or while any such prohibition is in force, when called upon by a peace officer as defined in the Criminal Procedure Act, 1955 (Act No. 56 of 1955), to furnish him with his full name and address, fails to do so or furnishes a false or incorrect name and address;

 (d)quat fails to comply with a notice addressed and delivered or tendered to him in terms of sub-section (l) of section ten quat;

 (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);

 (e)bis without the consent of the Minister, is in possession of any periodical or other publication which is subject to a prohibition imposed under section six;

 (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;

 (f)ter in contravention of a notice under section five ter is or becomes an office-bearer, officer or member of any organization;

 (g) after a prohibition referred to in section nine and in contravention thereof, convenes a gathering in any place, or presides at or addresses or prints, publishes, distributes or in any manner whatsoever circulates a notice convening a gathering the assembly whereof in any place has been prohibited under section nine;

 (g)bis without the consent of the Minister or except for the purposes of any proceedings in any court of law records or reproduces by mechanical or other means or prints, publishes or disseminates any speech, utterance, writing or statement or any extract from or recording or reproduction of any speech, utterance, writing or statement made or produced or purporting to have been made or produced anywhere at any time by any person prohibited under section five or nine from attending any gathering;

<p style="margin-top:0"> (h) in contravention of a notice delivered or tendered to him in terms of section nine attends any gathering;

<p style="margin-top:0"> (i) contravenes or fails to comply with any notice delivered or tendered to him in terms of sub-section (1) of section ten;

<p style="margin-top:0"> (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;

<p style="margin-top:0"> (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;

<p style="margin-top:0"> (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

<p style="margin-top:0"> (m) contravenes the provisions of sub-section (4) of section seven,

shall be guilty of an offence, and liable—

<p style="margin-top:0"> (i) in the case of an offence referred to in paragraph (a), (b), (c), (d), (d)bis, (d)ter or (d)quat to imprisonment for a period not exceeding ten years;

<p style="margin-top:0"> (i)bis in the case of an offence referred to in paragraph (b)bis or (b)ter, to the penalties provided by law for the offence of treason: Provided that, except where the death penalty is imposed, the imposition of a sentence of imprisonment for a period of not less than five years shall be compulsory, whether or not any other penalty is also imposed and that no person shall on conviction of any such offence be dealt with under section three hundred and forty-two, three hundred and forty-five or three hundred and fifty-two of the Criminal Procedure Act, 1955 (Act No. 56 of 1955).

<p style="margin-top:0"> (ii) in the case of an offence referred to in paragraph (e), (e)bis, (f), (f)bis, (f)ter, (g), (g)bis, (h) or (i) to imprisonment for a period not exceeding three years; and

<p style="margin-top:0"> (iii) 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.

(1)bis If in any prosecution for an offence under paragraph (d)bis of section eleven it is proved that the accused person has changed the place of his residence or employment he shall be deemed to have failed to give notice thereof as required by the said paragraph unless the contrary is proved.

(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) or (g)bis of section eleven, if he satisfies the court that at the time the offence was committed he had no knowledge of the prohibition concerned, unless at the said time the prohibition or particulars thereof had been notified in the Gazette.

(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.

(6) 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 at the same time and place, or at the same place and at approximately the same time, offences under this Act or under this Act as applied by any other law, such persons may be tried jointly for such offences on that indictment, summons or charge;

any offence under this Act or under this Act as applied by any other law 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.