Suppression of Communism Act, 1950/1966-02-21

​

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 Suppression of Communism Amendment Act, No. 8 of 1966

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, 1967.

(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.