Suppression of Communism Act, 1950/1975-06-20

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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 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 General Law Amendment Act, No. 62 of 1966 Suppression of Communism Amendment Act, No. 24 of 1967 General Law Amendment Act, No. 102 of 1967 General Law Amendment Act, No. 70 of 1968 Suppression of Communism Amendment Act, No. 2 of 1972 General Law Amendment Act, No. 57 of 1975

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 10quin, or whose name appears on any list in the custody of the officer referred to in section 8, or in respect of whom a prohibition to attend any gathering is in force under section 5 or 9;

<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.