# Internal Security Act, 1950/1976-06-16

This is the text of the Internal Security Act, 1950 (formerly the Suppression of Communism Act, 1950), as it was on 16 June 1976, after it was amended by the Internal Security Amendment Act, 1976, which came into force when it was published on that date.
Act
To declare the Communist Party of South Africa to be an unlawful organization; to make provision for declaring other organizations promoting communistic activities or activities endangering the security of the State or the maintenance of public order to be unlawful and for prohibiting certain periodical or other publications; to prohibit certain communistic or other undesirable activities; to regulate the release on bail or otherwise of persons arrested for certain offences; to provide for the detention of certain witnesses; and to make provision for other incidental matters.
(Afrikaans text signed by the Officer Administering the Government.) (Assented to 26th June, 1950.)
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 Internal Security Amendment Act, No. 79 of 1976
Be 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—
(a)
(b)
(c)
(d)
“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—
(a)
(b)
(c)
“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.
2. (1) The Communist Party of South Africa, including every branch, section or committee thereof and every local, regional or subsidiary body forming part thereof, is hereby declared to be an unlawful organization.
(2) If the State President is satisfied—
(a)
(b)
(c)
(cA)
(d)
(e)
he may without notice to the organization concerned by proclamation in the Gazette declare that organization to be an unlawful organization, and the State President may in like manner withdraw any such proclamation.
(3) The provisions of subsection (2) (b), (c), (cA), (d) and (e) shall not apply in relation to an employers’ organization or trade union registered under the Industrial Conciliation Act, 1956 (Act No. 28 of 1956), or to any employers’ organization or trade union whose registration under the said Act has been cancelled in terms of section 14 of the said Act, until such organization or trade union or any office-bearer, officer or member thereof has had a reasonable opportunity of exhausting, in respect of such cancellation, the remedies provided in section 16 or 27 of the said Act.
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—
(a)
(i)
(ii)
(iii)
(iv)
(b)
(c)
(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.
4. (1) The liquidator shall forthwith take possession of all the property vested in him under paragraph (b) of sub-section (1) of section three and satisfy himself as to the adequacy of the assets to pay the debts of the unlawful organization.
(2) If the assets are adequate to pay the debts, he shall after the expiration of a period of at least six months from the date upon which the organization became an unlawful organization take all steps (including the institution of legal proceedings) necessary to liquidate them and to pay out of the proceeds, the debts which have been proved to his satisfaction.
(3) Any balance remaining after the debts have been paid shall be distributed to one or more charitable or scientific organizations designated by the Minister.
(4) If the assets are not adequate to pay the debts of the unlawful organization the liquidator shall liquidate and distribute the assets as if he were a trustee or a liquidator, as the case may be, administering and distributing the assets of an insolvent estate or company.
(5) For the purpose of such liquidation and distribution, the date upon which the organization became an unlawful organization in terms of sub-section (1) of section two or a proclamation under sub-section (2) of the said section shall be regarded as the date of sequestration or winding-up as the case may be.
(6) Any matter relating to such liquidation and distribution upon which a creditor would have been entitled to vote, if the estate of the unlawful organization had been sequestrated or wound up, shall be determined by a majority of votes reckoned according to the number and value of claims proved to the satisfaction of the liquidator.
(7) The account of a liquidator liquidating and distributing assets under sub-section (4) shall be advertised by him and confirmed by the Master in like manner and with like effect as an account framed by a trustee or liquidator, as the case may be, in an insolvent estate is advertised and confirmed.
(8) Any property of the unlawful organization which is not liquidated under sub-section (1) or (4), shall be disposed of as the Minister may direct.
(9) The Minister may at any time by notice in the Gazette and subject to such modifications as he may deem fit, apply in relation to the distribution of the assets or the payment of the debts of the unlawful organization under this section, such provisions of the Companies Act, 1926 (Act No. 46 of 1926), or the Insolvency Act, 1936 (Act No. 24 of 1936), as are not inconsistent with this Act, as may be necessary in a particular case for the proper distribution of the assets or the payment of the debts of the unlawful organization, and may in like manner amend or withdraw any such notice.
(10) If directed by the Minister to do so, the liquidator shall compile a list of persons who are or have at any time before or after the commencement of this Act been office-bearers, officers, members or active supporters of the organization which has been declared an unlawful organization: Provided that the name of a person shall not be included in any such list or in any category mentioned in such list, unless he has been afforded a reasonable opportunity of showing that his name should not be included therein.
(11) The liquidator shall have authority to receive and retain any communication addressed to the unlawful organization or to any office-bearer or officer thereof as such, and the Postmaster-General shall, if requested to do so by the liquidator, cause all postal articles so addressed, to be delivered to the liquidator.
(12) The provisions of sub-sections (3) and (4) of section seven shall mutatis mutandis apply in respect of any investigation by the liquidator, which he may consider necessary in connection with the performance of his functions under sub-section (1), (4) or (10): Provided that in its application under this sub-section, paragraph (d) of sub-section (3) of the said section shall be read as referring also to any document which, in the opinion of the liquidator, may afford evidence in regard to any right in or the whereabouts of any property or the existence or amount of any debt.
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—
(a)
(b)
(c)
(d)
(e)
(i)
(ii)
at any place or in any area during any period or on any day or during specified times or periods within any period, except in such cases 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 expressly authorize.
(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—
(i)
(ii)
(iii)
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.
5ter. (1) The Minister may by notice in the Gazette prohibit all persons whose names appear on any list in the custody of the officer referred to in section 8 or who, at any time before or after any organization has under section 2 (2) been declared to be an unlawful organization, were or are office-bearers, officers or members of that organization or in respect of whom any prohibition under this Act by way of notices addressed and delivered or tendered to them is in force, from—
(a)
(b)
(c)
of any particular organization or any organization of a nature, class or kind specified in such notice, except with the written consent of the Minister or a magistrate acting in pursuance of his general or special instructions: Provided that the Minister shall not issue any such notice in relation to any employers’ organization or trade union registered under the Industrial Conciliation Act, 1956 (Act No. 28 of 1956), except after consultation with the Minister of Labour.
(2) The Minister may at any time by like notice withdraw or vary any notice under sub-section (1).
5quat. (1) Notwithstanding anything to the contrary in any law contained—
(a)
(b)
(2) Notwithstanding the provisions of paragraph (a) of subsection (1), the court may admit any person convicted of an offence referred to in that paragraph if he produces a certificate signed by the Minister to the effect that the Minister has no objection to the admission of such person on account of his having been so convicted.
6. If the State President is satisfied that any periodical or other publication—
(a)
(b)
(c)
(d)
(dA)
(e)
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.
6bis. (1) No newspaper shall be registered under the Newspaper and Imprint Registration Act, 1971 (Act No. 63 of 1971)—
(a)
(b)
(2) Any amount deposited in terms of sub-section (1) shall be regarded as a deposit for the purposes of the Public Debt Commissioners Act, 1969 (Act No. 2 of 1969): Provided that no interest earned on any such deposit shall be paid to the proprietor concerned except in accordance with the provisions of sub-section (3).
(3) Subject to the provisions of sub-section (4), interest earned on any amount so deposited shall be paid to the proprietor concerned at the expiration of each full period of five years from the date of deposit and whenever such amount may be refunded to the depositor.
(4) If a prohibition is imposed under section six in respect of any newspaper, any amount deposited in respect of such newspaper together with any interest not paid to the proprietor concerned, shall be forfeited to the State: Provided that the Minister may direct that such portion of such amount as he may determine shall be refunded to such proprietor.
(5) Unless the Minister of the Interior in consultation with the Minister at any time otherwise directs, the registration of a newspaper under the Newspaper and Imprint Registration Act, 1971, shall lapse—
(a)
(b)
(6) The Minister of the Interior shall refund to the depositor any amount deposited in respect of any newspaper—
(a)
(b)
7. (1) If the Minister has reason to suspect—
(a)
(b)
he may in writing under his hand designate any person as an authorized officer to investigate the purposes or activities of the organization or the manner in which it is controlled, or the circumstances connected with that periodical or other publication, as the case may be.
(2) If directed by the Minister to do so in any case referred to in paragraph (a) of sub-section (1), an authorized officer shall compile a list of persons who are or have at any time before or after the commencement of this Act been office-bearers, officers, members or active supporters of the organization concerned: Provided that the name of a person shall not be included in any such list or in any category mentioned in such list unless he has been afforded a reasonable opportunity of showing that his name should not be included therein.
(3) An authorized officer may, for the purposes of exercising his functions under sub-section (1) or (2)—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(4) Every occupier of any premises entered under sub-section (3) shall at all times furnish such facilities as are required by an authorized officer for the purpose of exercising his powers under the said sub-section.
(5) Any person who is questioned under paragraph (f) or (g) of sub-section (3) shall be entitled to all the privileges to which a person giving evidence before a provincial division of the Supreme Court is entitled.
8. (1) Every list compiled under sub-section (10) of section four shall, and every list compiled under sub-section (2) of section seven shall if the organization concerned is under sub-section (2) of section two declared to be an unlawful organization, be kept in the custody of an officer designated from time to time by the Minister, until the relevant proclamation under sub-section (2) of section two has been withdrawn.
(2) If any person whose name appears on any such list proves that his name should not appear on it or is incorrectly included in any category mentioned in the list, or if any office-bearer, officer, member or active supporter of any organization which has under sub-section (2) of section two been declared an unlawful organization proves that he neither knew nor could reasonably have been expected to know that the purpose or any of the purposes of the organization were of such a nature or that it was engaging in such activities as might render it liable to be declared an unlawful organization in terms of sub-section (2) of section two, the said officer shall remove his name or correct the list accordingly.
(3) The Minister may upon good cause being shown direct that the name of any person appearing on any such list be removed therefrom.
(4) The Minister may cause any such list or any extract from any such list to be published in the Gazette and shall cause notice to be given in the Gazette of the removal of any name from any list so published or the removal from any list of any name appearing in any extract from such list so published.
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 the Minister is satisfied that any person engages in activities which are furthering or are calculated to further the achievement of any of the objects of communism or which endanger or are calculated to endanger the security of the State or the maintenance of public order, he may by notice under his hand addressed and delivered or tendered to that person, prohibit him from attending, except in such cases as may be specified in the notice or as the Minister or magistrate acting in pursuance of his general or special instructions may at any time expressly authorize—
(a)
(b)
at any place or in any area during any period or on any day or during specified times or periods within any period.
(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.
(3) The Minister may in the manner provided in sub-section (2) of section two of the Riotous Assemblies Act, 1956 (Act No. 17 of 1956), prohibit the assembly, except in such cases as he may specify when imposing the prohibition or as may thereafter be expressly authorized by him or a magistrate acting in pursuance of his general or special instruction—
(a)
(b)
at any place or in any area during any period or on any day or during specified times or periods within any period, if he deems it to be necessary in order to combat the achievement of any of the objects of communism.
(4) The Minister may. in the manner in which any prohibition under this section was imposed, at any time withdraw or vary such prohibition.
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—
(i)
(ii)
(iii)
(iv)
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 engages in activities which endanger or are calculated to endanger the security of the State or the maintenance of public order, by notice under paragraph (a) prohibit such person from absenting himself from any place or area which is or is within a prison as defined in section 1 of the Prisons Act, 1959 (Act No.8 of 1959), and a copy of the notice signed by the Minister or certified by any officer acting under his authority to be a true copy shall be deemed to be a warrant referred to in section 27 (2) (e) 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 in general or in a particular case, be detained in custody in such place or area for such period as the notice may be in force.
(a)ter Any member of the South African Police who has received information that a notice referred to in paragraph (a)bis has been issued in respect of any person, may, before the notice has been delivered or tendered to such person, without the required warrant arrest him and keep him in custody until the notice has been delivered or tendered to him, but for not more than seven days.
(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.
(bA) The provisions of paragraphs (a)bis, (a)ter and (a)quin shall be in force only during such period not exceeding twelve months at a time and in such part of the Republic as the State President may from time to time determine by proclamation in the Gazette: Provided that any person who has by notice under paragraph (a)bis been prohibited from absenting himself from any place or area therein referred to, shall, if the Minister so directs, be removed in custody from such place or area and be detained in custody, for such period as the notice may be in force, in any other place or area referred to in that paragraph, in any other part of the Republic, as if the said notice applied in respect of such other place or area.
(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.
10bis. If the Minister is satisfied that in carrying out any of the provisions of this Act reasonable but unsuccessful attempts have been made to serve, deliver or tender any order, notice or document on or to any person, and that a copy of such order, notice or document has been affixed to the main entrance of the last-known residence of such person, he may cause such order, notice or document to be published in the Gazette, whereupon it shall be deemed to have been served, delivered or tendered on or to such person on the date of publication.
10ter. The Minister may cause particulars of any notice issued under paragraph (e) of sub-section (1) of section five or sub-section (1) of section nine, to be published in the Gazette.
10quat. (1) The Minister may at any time by notice under his hand addressed and delivered or tendered to any person whose name appears on any list in the custody of the officer referred to in section 8 or in respect of whom any prohibition under this Act by way of a notice addressed and delivered or tendered to him is in force, order such person to report, subject to such exceptions as the Minister or a magistrate acting in pursuance of his general or special instructions may at any time authorize in writing, to the officer in charge of such police station and at such times and during such period as may be specified in the notice concerned.
(2) The Minister may at any time in like manner withdraw or vary any notice issued under sub-section (1).
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).
10sex. (1) The State President shall appoint for such period and such part of the Republic as may be determined in any proclamation referred to in section 10 (1) (bA), a review committee consisting of a judge of the Supreme Court of South Africa or a magistrate or a person who has held office as such judge. or magistrate, as chairman and two other persons as members, and the State President may for good reason from time to time withdraw the appointment of such a chairman or member and appoint a substitute.
(2) As soon as may be, but not later than two months after the commencement of any person’s custody in terms of section 10 (1) (a)bis the review committee shall investigate the Minister’s action in terms of that section in respect of such person, and thereafter the review committee shall investigate his custody in terms of that section at intervals of not more than six months.
(3) At an investigation in terms of subsection (2) the review committee shall consider all facts and representations submitted to it in writing and may in its discretion also hear oral evidence or representations from any person.
(4) Any person desiring to make written representations to the review committee, shall deliver them to the Secretary for Justice, and any person desiring to submit oral evidence or representations, shall notify the Secretary for Justice thereof.
(5) After an investigation in terms of subsection (2) the review committee shall make such recommendation as it may think fit to the Minister, who shall notify the person concerned as soon as possible of the contents of such recommendation.
(6) The Minister need not give effect to any recommendation of the review committee.
(7) If the Minister does not give effect to a recommendation of the review committee that a notice issued under section 10 (1) (a)bis be withdrawn, he shall within one month after the recommendation has come to his notice, or if Parliament is not then in session, within one month after the commencement of Parliament’s first ensuing session, lay upon the Tables of the Senate and the House of Assembly a report stating the recommendation made by the review committee, the name of the person detained in custody concerned and the fact that the Minister has not given effect to the recommendation.
(8) No person shall attend the proceedings of the review committee, except a person engaged in submitting oral evidence or representations in terms of subsection (3) and persons in the service of the State whose presence is considered necessary by the chairman.
(9) The review committee’s deliberations and recommendations shall not be disclosed, except to a person whose duty it is to deal with the subject matter of the disclosure.
(10) No person. other than a person in the service of the State while performing his official functions, shall have the right to inspect any records of the review committee.
(11) No court of law shall have jurisdiction to pronounce upon the functions or recommendations of the review committee.
(12) (a) The regulations made under section 4 (b) of the Judges’ Remuneration and Pensions Act, 1975 (Act No. 14 of 1975), shall apply mutatis mutandis to a member of the review committee who is a judge of the Supreme Court of South Africa.
(b) A member of the review committee who is not a judge or who is not subject to the provisions of the Public Service Act, 1957 (Act No. 54 of 1957), shall be entitled to such remuneration, including reimbursement for travelling and subsistence expenses incurred by him in the performance of his duties under this Act, as the Minister in consultation with the Minister of Finance may determine.
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;
(h) in contravention of a notice delivered or tendered to him in terms of section nine attends any gathering;
(i) 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—
(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;
(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).
(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
(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.
(1)ter If in any prosecution for an offence under section 11 (b)ter in which it is alleged that the accused has, at any time and place outside the Republic specified in the charge, undergone, or attempted, consented or taken any steps to undergo any training so specified, it is proved that the accused had left the Republic in contravention of any provision of the Departure from the Union Regulation Act, 1955 (Act No. 34 of 1955), prior to such time, he shall be presumed until the contrary is proved beyond a reasonable doubt, to have undergone or attempted, consented or taken such steps to undergo such training at the said time and place.
(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—
(a)
(b)
(c)
(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.
(3A) If in any prosecution for a contravention of section 11 (i) it is proved that the accused communicated with a person whose name appears on any list in the custody of the officer referred to in section 8 or in respect of whom any prohibition under this Act or the Riotous Assemblies Act, 1956 (Act No. 17 of 1956), is in force, and that the name of that person corresponds substantially with a name which appears on a list or an extract from a list or in particulars which have been published in the Gazette in terms of section 8 (4) or section 10ter of this Act or section 2 (3)bis (b) of the Riotous Assemblies Act, 1956, it shall be presumed that the accused, when he communicated with that person, knew that the name of that person appeared on a list in the custody of the officer referred to in section 8 or that a prohibition under this Act or the Riotous Assemblies Act, 1956, was in force in respect of that person, as the case may be, unless the contrary is proved beyond a reasonable doubt.
(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—
(a)
(b)
(c)
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—
(a)
(b)
12A. (1) Whenever any person has been arrested on a charge of having committed any offence referred to in the Schedule, the attorney-general may, if he considers it necessary in the interest of the safety of the State or the maintenance of public order, issue an order that such person shall not be released on bail or otherwise before sentence has been passed or he has been discharged.
(2) (a) Notwithstanding the provisions of any other law, but subject to the provisions of subsection (3), no person shall be released on bail or otherwise contrary to the terms of an order issued under subsection (1).
(b) Whenever any person arrested for an offence referred to in subsection (1) applies to be released on bail or otherwise and the public prosecutor informs the judge, court or magistrate to whom or to which the application is made that the matter has been referred to the attorney-general concerned with a view to the issuing of an order under subsection (1), such person shall, pending the decision of the attorney-general, not be released on bail or otherwise: Provided that if no such order is issued within the period of fourteen days immediately following upon the date on which such judge, court or magistrate is so informed, such person may again apply to be released on bail or otherwise and may, subject to the provisions of any law, be so released.
(3) The attorney-general may at any time before its expiration rescind any order issued under subsection (1).
(4) Any telegraphic copy purporting to be a copy of an order under subsection (1) transmitted by telegraph, shall for all purposes be prima facie proof of the facts set forth in such copy.
12B. (1) Whenever in the opinion of the attorney-general there is any danger of tampering with or intimidation of any person likely to give material evidence for the State in any criminal proceedings in connection with facts which may serve as a basis for a charge relating to an offence referred to in the Schedule or that any such person may abscond, or whenever he deems it to be in the interests of such person or of the administration of justice, he may issue a warrant for the arrest and detention of such person.
(2) Notwithstanding the provisions of any other law, any person arrested by virtue of a warrant under subsection (1) shall, as soon as may be, be taken to the place mentioned in the warrant and detained there or at any other place determined by the attorney-general from time to time, in accordance with regulations which the Minister is hereby authorized to make.
(3) Unless the attorney-general orders that a person detained under subsection (1) be released earlier, such person shall be detained for the period terminating on the day on which the criminal proceedings concerned are concluded or for a period of six months after his arrest by virtue of a warrant under subsection (1), whichever may be the shorter period.
(4) No person, other than an officer in the service of the State acting in the performance of his official duties, shall have access to a person detained under subsection (1), except with the consent of and subject to the conditions determined by the attorney-general or an officer in the service of the State delegated thereto by him.
(5) Any person detained under subsection (1) shall be visited in private at least once during each week by the magistrate or an additional or assistant magistrate of the district in which he is detained.
(6) For the purposes of section 218 of the Criminal Procedure Act, 1955 (Act No. 56 of 1955), any person detained under subsection (1) shall be deemed to have attended the criminal proceedings in question as a witness for the State during the whole of the period of his detention.
(7) No court shall have jurisdiction to order the release from custody of any person detained under subsection (1) or to pronounce upon the validity of any regulation made under subsection (2) or the refusal of the consent required in terms of subsection (4) or any condition referred to in subsection (4).
12C. The State President may from time to time by proclamation in the Gazette remove from or add to the Schedule any offence mentioned in the proclamation.
13. (1) The court convicting any person of an offence under paragraph (e) of section eleven, may declare the property in respect of which the offence was committed, or the rights of the convicted person to such property, to be forfeited to the State: Provided that such declaration shall not affect any rights which any person other than the convicted person may have to such property, if it is proved that he did not know that it was being or would be used in contravention of the said paragraph.
(2) Section 360 (4) and (5) of the Criminal Procedure Act, 1955 (Act No. 56 of 1955), shall mutatis mutandis apply in respect of such forfeiture.
14. (1) Any person who is not a South African citizen by birth or descent and who 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 an undesirable inhabitant of the Republic 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), (b)bis, (b)ter, (c), (d), (e), (f), (f)ter, (g), (h) or (i) of section 11, may be removed from the Republic or from the said territory, and pending removal, may be detained in custody in the manner provided for the detention, pending removal from the Republic or from the said territory, of persons who are prohibited persons within the meaning of the relevant law relating to the regulation of the admission of persons to the Republic or the said territory; and thereafter such person shall, for the purposes of such law, be deemed to be a prohibited person.
(2) The State President or, in the case of an inhabitant of the territory of South-West Africa, the Administrator of the said territory, may exercise the powers referred to in subsection (1) without prior notice to any person.
15. Whenever any action has been taken under section two, five, six, nine, ten or fourteen, the Minister shall report the circumstances to both Houses of Parliament within fourteen days if Parliament be then in session or, if Parliament be not then in session, within fourteen days after the commencement of its next ensuing session.
16. Sections six, seven and eight of the Riotous Assemblies Act, 1956 (Act No. 17 of 1956), and sections three, four and five of the Riotous Assemblies and Criminal Law Amendment Ordinance, 1930 (Ordinance No. 9 of 1930) of the Territory of South-West Africa shall mutatis mutandis apply in relation to any gathering which has under section nine of this Act been prohibited respectively in the Republic or the said Territory.
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.
17bis. No action for damages shall lie and no criminal action may be instituted against any person who describes as a communist a person—
(a)
(b)
(c)
(d)
(e)
18. This Act and any amendment thereof which may be made from time to time shall apply also in the territory of South-West Africa, including the Eastern Caprivi Zipfel referred to in section 3 of the South-West Africa Affairs Amendment Act, 1951 (Act No. 55 of 1951), and in relation to all persons in that portion of the said territory known as the “Rehoboth Gebiet” and defined in the First Schedule to Proclamation No. 28 of 1923 of the said territory.
18A. (1) For the purposes of section 18, any reference in this Act to a provision of the Criminal Procedure Act, 1955 (Act No. 56 of 1955), shall be construed as a reference to the corresponding provision of the Criminal Procedure Ordinance, 1963 (Ordinance No. 34 of 1963), of the territory of South-West Africa.
(2) For the purposes of section 11 (b)ter training which could be of use in furthering the achievement of any of the objects of communism, shall include training which could be of use in the commission of the offence of sabotage referred to in section 21 (1) of the General Law Amendment Act, 1962 (Act No. 76 of 1962).
19. This Act shall be called the Internal Security Act, 1950.
Schedule
Offences in respect of which the attorney-general may under section 12A order that the accused shall not be released on bail or under section 12B issue a warrant for the arrest and detention of a witness.
Sedition.
Contravention of the provisions of paragraph (a), (b), (b)bis, (b)ter, (c), (d). (d)bis or (d)ter of section 11 of this Act or this Act as applied by any other law.
Contravention of section 21 of the General Law Amendment Act, 1962 (Act No. 76 of 1962).
Contravention of section 2 or 3 of the Terrorism Act, 1967 (Act No. 83 of 1967).
Any conspiracy, incitement or attempt to commit any of the above-mentioned offences.
Treason.