Suppression of Communism Act, 1950/1965-06-22

​

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 General Law Amendment Act, No. 80 of 1964 Suppression of Communism Amendment Act, No. 97 of 1965

3. (1) As from the date upon which an organization becomes an unlawful organization in terms of sub-section (1) of section two or a proclamation under sub-section (2) of the said section—

no person shall—

become, continue to be or perform any act as an office-bearer, officer or member of the unlawful organization; or

carry, be in possession of or display anything whatsoever indicating that he is or was at any time before or after the commencement of this Act an office-bearer, officer or member of or in any way associated with the unlawful organization; or

contribute or solicit anything as a subscription or otherwise, to be used directly or indirectly for the benefit of the unlawful organization; or

in any way take part in any activity of the unlawful organization, or carry on in the direct or indirect interest of the unlawful organization, any activity in which it was or could have engaged at the said date;

all property (including all rights and documents) held by the unlawful organization or held by any person for the benefit of the unlawful organization, shall vest in a person to be designated by the Minister as the liquidator of the assets of the unlawful organization; and

the unlawful organization shall, if it is registered in any office, cease to be registered, and the officer in charge of the register shall remove its name therefrom.

(1)bis. The Communist Party of South Africa, including every branch, section or committee thereof and every local, regional or subsidiary body forming part thereof, shall become an unlawful organization in terms of sub-section (1) of section two on the date of commencement of this Act, and the designation of a liquidator in respect thereof under paragraph (b) of sub-section (1), shall be valid and effective, irrespective of whether or not it has before that date been dissolved, and irrespective of whether or not it has any assets.

(1)ter. In the case of any other unlawful organization, the designation of a liquidator under paragraph (b) of sub-section (1) shall not be invalid or ineffective, by reason of the fact that the unlawful organization concerned has been dissolved before the designation or before the date upon which it becomes an unlawful organization in terms of a proclamation under sub-section (2) of section two, or by reason of the fact that it has no assets.

(2) No proceedings shall after the expiration of a period of fourteen days from the date of a proclamation under sub-section (2) of section two be instituted in any court for an order declaring that proclamation invalid, and no court shall after the expiration of a period of twelve months from the date of any such proclamation have jurisdiction to pronounce upon the validity thereof.

(3) The liquidator shall be appointed on such conditions, and may be paid out of the assets of the unlawful organization such remuneration for his services, as the Minister may determine.

(4) Notwithstanding anything to the contrary contained in any instrument, rule or agreement governing the relations between the unlawful organization and its office-bearers, officers or members, any such office-bearer, officer or member may by resignation terminate his relationship with the unlawful organization as from the date of the resignation.

6. If the State President is satisfied that any periodical or other publication—

professes, by its name or otherwise, to be a publication for propagating the principles or promoting the spread of communism; or

is published or disseminated by or under the direction or guidance of an organization which has been declared an unlawful organization by or under section two, or was published or disseminated by or under the direction or guidance of any such organization immediately prior to the date upon which it became an unlawful organization; or

serves inter alia as a means for expressing views propagated by any such organization, or did so serve immediately prior to the said date; or

serves inter alia as a means for expressing views or conveying information, the publication of which is calculated to further the achievement of any of the objects of communism; or

is a continuation or substitution, whether or not under another name, of any periodical or other publication the printing, publication or dissemination whereof has been prohibited under this section,

he may, without notice to any person concerned, by proclamation in the Gazette prohibit the printing, publication or dissemination of such periodical publication or the dissemination of such other publication; and the State President may in like manner withdraw any 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, 1966.

(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.

(c) While any notice issued under paragraph (a) or paragraph (a) read with paragraph (a)bis is in force, the period of the prohibition in question specified in such notice may be extended by a notice under the hand of the Minister addressed and delivered or tendered to the person concerned.

(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.

10quin. (1) If the Minister is satisfied that, in the Republic or elsewhere, any person who was resident in the Republic advocates, advises, defends or encourages, or has 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 engages or has engaged in activities which are furthering or may further the achievement of any such object, the Minister may, without notice to any person concerned, by notice in the Gazette declare the provisions of paragraph (g)bis of section eleven applicable in respect of such first-mentioned person.

(2) The Minister may in like manner withdraw any notice issued under sub-section (1).

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, and in the Republic or elsewhere, undergone, or attempted, consented or taken any steps to undergo, or incited, instigated, commanded. aided, advised, encouraged or procured any other person to undergo any training, or obtained any information 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, or attempt, consent or take any steps to undergo, or incite, instigate, command, aid, advise encourage or procure such other person to 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, situated in the Republic, to be used for the purposes of or in connection with any offence under paragraph (a), (b), (b)ter, (c), (d) or (g);

 (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 in respect of whom the provisions of this paragraph are applicable by virtue of a notice issued under section ten quin, or whose name appears on any list in the custody of the officer referred to in section eight, or in respect of whom a prohibition to attend any gathering has, at any time before or after the commencement of the Suppression of Communism Amendment Act, 1965, been issued under section five or nine;

<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.

(5)bis A certificate purporting to have been signed by the officer referred to in section eight, to the effect that a name mentioned therein appears on a list in the custody of such officer shall, if such name corresponds substantially to that of an accused person in any prosecution under this Act or to that of any party to any civil proceedings under or arising from the application of the provisions of this Act, on its mere production in such prosecution or civil proceedings, be prima facie proof of the fact that the name of such accused person or of such party, as the case may be, appears on such list.

(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.

17. The powers conferred by this Act upon the State President or the Administrator of the territory of South-West Africa, except the power conferred under sub-section (2) of section two in respect of an organization contemplated in paragraph (e) of the said sub-section or under section six by virtue of the provisions of paragraph (e) of the last-mentioned section, and the power to withdraw any proclamation or notice issued under this Act, shall not be exercised in relation to any person, organization or publication unless the Minister or, in the case of the powers conferred upon the Administrator of the said territory, the said Administrator has considered a factual report in relation to that person, organization or publication made by a committee consisting of three persons appointed by the Minister of whom one shall be a magistrate of a rank not lower than the rank of senior magistrate.