# Internal Security Act, 1982/1992-07-31

This is the text of the Internal Security Act, 1982, as it was after it was amended on 31 July 1992 by the Criminal Law Amendment Act, 1992, which came into force on that date in terms of Proclamation No. R. 80 of 1992.
Act
To provide for the security of the State and the maintenance of law and order; and to provide for matters connected therewith.
as amended by
Internal Security Amendment Act, No. 55 of 1986 Proclamation No. R. 21 of 1990 Internal Security and Intimidation Amendment Act, No. 138 of 1991 Criminal Law Amendment Act, No. 4 of 1992 Criminal Law Amendment Act, No. 126 of 1992
Be it enacted by the State President and the House of Assembly of the Republic of South Africa, as follows:―
Arrangement of Sections
| | | Section |
| Definitions | Definitions | 1 |
| Chapter 1 | Director of Security Legislation | 2 |
| Chapter 2 | Measures in respect of Certain Organizations | 4–14 |
| Chapter 3 | Measures in respect of Certain Persons | 29 |
| Chapter 5 | Measures in connection with Certain Gatherings | 46–53 |
| Chapter 6 | Offences and Penalties | 54–63 |
| Chapter 7 | Procedure, Jurisdiction of Courts and Evidence | 64–69 |
| Chapter 8 | Supplementary Provisions | 71–74 |
1. In this Act, unless the context otherwise indicates—
“Commissioner” means the Commissioner of the South African Police;
“Director” means the person appointed in terms of section 2 (2) to the office of Director of Security Legislation;
“document” includes any book, pamphlet, record, list, placard, poster, drawing, photograph or picture, or a film as defined in section 47 (1) of the Publications Act, 1974 (Act No, 42 of 1974);
“gathering” means, for the purposes of—
(a)
(b)
“liquidator” means a person designated as such under section 13 (1) (b), and includes any person acting under his written authority;
“Minister” means the Minister of Justice, except in sections 29, 50, 71 and 72 (in the application of section 72 (c)), where it means the Minister of Law and Order;
“office-bearer”, in relation to any organization, means ember 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 of the organization, 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 accordance with 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;
“police” means any body of men established or enrolled under any law and exercising or carrying out the powers, duties and functions of a police force, and includes any portion of the South African Defence Force when used for the prevention or suppression of terrorism or internal disorder;
“police officer” means any member of the Force as defined in section 1 of the Police Act, 1958 (Act No. 7 of 1958);
“publication” means any newspaper, magazine, pamphlet, book, hand-bill or poster, and includes, for the purposes of section 56 (1) (b), any record or other object in or on which sound has been recorded for reproduction;
“this Act” includes any regulation made under any provision thereof;
“unlawful organization” means an organization which, under section 4, is declared to be an unlawful organization, and includes any branch, section or committee of any such organization and any local, regional or subsidiary body forming part of any such organization;
“violence” includes the inflicting of bodily harm upon or killing of, or the endangering of the safety of, any person, or the damaging, destruction or endangering of property.
Chapter 1
Director of Security Legislation
2. (1) The Minister shall, subject to the provisions of subsection (2), appoint an officer, to be known as the Director of Security Legislation, who shall, subject to the control and directions of the Minister, perform the functions assigned to the Director by this Act as well as such other functions as the Minister may assign to him from time to time.
(2) The Minister shall, subject to the laws governing the public service, appoint to the office of Director of Security Legislation a person holding a degree or diploma in law.
(3) The Minister may appoint, subject to the laws governing the public service, one or more Deputy Directors of Security Legislation or one or more Assistant Directors of Security Legislation or one or more such Deputy Directors and one or more such Assistant Directors, who shall respectively have the power to perform, subject to the control and directions of the Director, any of the functions of the Director.
(4) Whenever it becomes necessary to appoint an acting Director, the Minister may appoint a Deputy Director referred to in subsection (3) or, in the absence of such a Deputy Director, an Assistant Director referred to in that subsection to act as Director for the period for which such appointment is necessary.
Chapter 2
Measures in Respect of Certain Organizations
4. (1) If the Minister has reason to believe—
(a)
(i)
(ii)
(iii)
(b)
(c)
he may, without notice to the organization in question, by notice in the Gazette declare that organization to be an unlawful organization.
(3) Any notice issued under subsection (1) may be withdrawn by the Minister by like notice.
(5) A notice under subsection (1) shall not be invalid or ineffective by reason of the fact that the organization in question was dissolved before the coming into operation of the notice.
10. (1) Whenever an organization is in terms of the provisions of section 4 (1) declared by the Minister to be an unlawful organization, any person who proves to the satisfaction of the Minister that he was an office-bearer of the organization in question on the date immediately preceding the date on which it was so declared unlawful, may in writing request the Minister to furnish him with the reasons for the Minister’s action, and if such request is received by the Minister within a period of thirty days after the date of the publication in the Gazette of the notice dec1aring the organization in question to be an unlawful organization, the Minister shall furnish the office-bearer with a written statement setting forth his reasons for the notice and the information which induced the Minister to issue the notice.
(2) If, within the period specified in subsection (1), more than one request in terms of that subsection is received by the Minister, the Minister shall furnish only one of the office-bearers concerned with reasons and information in terms of the said subsection and notify the other office-bearers from whom requests are so received of the name and address of the office-bearer who hasso been or will so be furnished with reasons and information.
12. (1) No proceedings shall after the expiration of a period of three months from the date of a notice issued by the Minister in terms of section 4 (1) be instituted in any court for an order declaring that notice invalid, and no court shall after the expiration of a period of twelve months from the date of any such notice have jurisdiction to pronounce upon the validity thereof: Provided that if the court concerned is satisfied that the fact that such proceedings have at the expiration of the said period of twelve months not yet been concluded, is not due to the fault of the party who instituted the proceedings, the court may extend that period by such further period as the court may deem fit.
(2) No court shall have jurisdiction to make an order whereby, pending the outcome of any proceedings referred to in subsection (1), the operation of any notice issued by the Minister in terms of section 4 (1) is suspended or in any other manner postponed.
13. (1) As from the date upon which an organization becomes an unlawful organization by virtue of a notice under section 4 (1)—
(a)
(i)
(ii)
(iii)
(iv)
(v)
(b)
(c)
(2) The designation of a liquidator in terms of subsection (1) (b) shall not be invalid or ineffective by reason of the fact that the unlawful organization in question was dissolved before the designation or before the date upon which it becomes an unlawful organization by virtue of a notice under section 4 (1), or by reason of the fact that it has no assets.
(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.
14. (1) The liquidator shall forthwith take possession of all the property vested in him under section 13 (1) (b), and shall satisfy himself as to whether the assets are adequate to pay the debts of the unlawful organization.
(2) If the assets are adequate to pay the debts, the liquidator shall after the expiration of a period of not less than 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 paid into the State Revenue Fund.
(4) If the assets are inadequate to pay thc 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 purposes of such liquidation and distribution, the date upon which the organization became an unlawful organization by virtue of a notice under section 4 (1) 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 subsection (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 subsection (2) or (4) or which is found after the distribution of the assets or the payment of the debts of the unlawful organization in terms of this section, shall be disposed of in accordance with the direction of the Minister.
(9) The Minister may at any time by notice in the Gazette and subject to such modifications as he may deem fit, apply in respect of a particular case such provisions of the Companies Act, 1973 (Act No. 61 of 1973), or the Insolvency Act, 1936 (Act No. 24 of 1936), as are not inconsistent with this Act, as may be necessary in such case for the proper performance by the liquidator of his functions in terms of this section, and may in like manner amend or withdraw any such notice.
(11) The liquidator shall have the power to receive and retain any communication addressed to the unlawful organization or to any person in his capacity as an office-bearer or officer thereof, 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) Without derogating from the generality of the provisions of subsection (9), the liquidator may, for the purposes of the performance of his functions in terms of subsection (1) or (4)—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(13) Every occupier of premises entered upon under subsection (12) shall at all times furnish such facilities as are required by the liquidator for the purpose of exercising his powers under the said subsection.
Chapter 3
Measures in Respect of Certain Persons
29. (1) Notwithstanding anything to the contrary in any law or the common law contained, any commissioned officer as defined in section 1 of the Police Act, 1958 (Act No. 7 of 1958), of or above the rank of lieutenant-colonel may, if he has reason to believe that any person who happens to be at any place in the Republic—
(a)
(b)
without warrant arrest such person or cause him to be arrested and detain such person or cause him to be detained for interrogation in accordance with such directions as the Commissioner may, subject to the directions of the Minister, from time to time issue, for a period not exceeding 10 days and for such further period or periods not exceeding 10 days or not exceeding 10 days each, as the case may be, as a judge of a provincial or local division of the Supreme Court of South Africa may, on application in accordance with subsection (3), determine or from time to time determine.
(2) The commissioned officer referred to in subsection (1) shall as soon as possible after an arrest in terms of that subsection—
(a)
(b)
(i)
(ii)
(3) (a) An application referred to in subsection (1) for the further detention of a person arrested and detained in terms of that subsection shall be made in writing to a judge in chambers by the Commissioner or a commissioned officer as defined in section 1 of the Police Act, 1958, of or above the rank of brigadier, at least 48 hours before the expiry of the period of 10 days referred to in subsection (1), or at least 48 hours before the expiry of any further period so referred to, as the case may be, and shall state—
(i)
(ii)
(iii)
(b) Before the application is heard, the Commissioner or the commissioned officer concerned shall notify the detainee concerned and, if he so requests, his legal representative, of the application and furnish the detainee with a copy of the written application referred to in paragraph (a).
(c) Any person in respect of whom an application has been made in terms of paragraph (a) may, pending the result of such application, be detained as if the application had been granted.
(d) A judge to whom such an application is made—
(i)
(ii)
(iii)
(iv)
(aa)
(bb)
and the decision of the judge on the application shall be final.
(e) If such an application is refused the detainee concerned shall be released immediately.
(4) Any person detained in terms of this section may at any time make representations in writing to the Minister relating to his detention or release.
(5) The Minister may at any time order the release of any person detained in terms of the provisions of this section.
(6) …
(7) No person other than the Minister or a person acting by virtue of his office in the service of the State—
(a)
(b)
(8) The provisions of section 335 of the Criminal Procedure Act, 1977 (Act No. 51 of 1907), shall not apply in respect of any statement by any person detained in terms of the provisions of this section, made during such detention: Provided that if in the course of any subsequent criminal proceedings relating to the matter in connection with which the said person made that statement, any part of such statement is put to him by the prosecutor, any person in possession of the statement shall at the request of such first-mentioned person furnish him with a copy of the said statement.
(9) Any person arrested in terms of the provisions of subsection (1) shall as soon as possible be examined by a district surgeon and shall be not less than once every five days—
(a)
(b)
and such a magistrate or district surgeon shall in respect of each such visit, without delay compile a report and submit it to the Minister, and the Minister may, if he has reason to believe that it will not hamper any investigation by the police, furnish, at the request of the detainee, copies of such reports to a person indicated by the detainee.
(10) Any person detained in terms of this section shall be entitled, if he so requests, to be visited, at his own expense, by his private medical practitioner in the presence of a district surgeon, unless the Minister or the Commissioner has reason to believe that such a visit will hamper any investigation by the police.
Chapter 5
Measures in Connection with Certain Gatherings
46. (1) Whenever a magistrate has reason to apprehend that the public peace would be seriously endangered—
(a)
(b)
he may—
(i)
(ii)
(aa)
(bb)
(cc)
as the case may be.
(2) A magistrate who—
(a)
(i)
(ii)
(iii)
(iv)
(v)
(b)
(3) The Minister may, if he deems it necessary or expedient in the interest of the security of the State or for the maintenance of the public peace or in order to prevent the causing, encouraging or fomenting of feelings of hostility between different population groups or parts of population groups of the Republic, prohibit in a manner determined in subsection (2) (a)—
(a)
(b)
during any period or on any day or during specified times or periods within any period, except in those cases determined in the prohibition in question by the Minister or which the Minister or a magistrate acting in pursuance of the Minister’s general or special instructions may at any time expressly authorize.
(4) Any notice issued by the Minister under subsection (3) may at any time be withdrawn or amended by him by like notice.
47. (1) A police officer of or above the rank of warrant officer may, if he has reason to believe that a gathering prohibited under section 46 will take place, cause access to any place or area where he believes it will take place, and to any other place or area adjacent thereto, to be barred and such place or area to be kept closed or inaccessible to the public, for such time as may be necessary to prevent the gathering from taking place.
(2) The said police officer shall notify the fact that a place or area is so closed or inaccessible to members of the public, at the entrance thereto or in the vicinity of the place or area in a manner described in section 46 (2) (a) (iv) or (v).
48. (1) Whenever—
(a)
(b)
(i)
(ii)
a police officer of or above the rank of warrant officer may call upon the persons attending the gathering to disperse, and for that purpose he shall endeavour to obtain the attention of those persons by such lawful means as he deems most suitable, and then in a loud voice order them in each of the official languages to disperse and to depart from the place of the gathering within the time specified by him.
(2) If within the time so specified the persons assembled have not so dispersed and departed, a police officer of or above the rank aforesaid may order the police under his command to disperse the gathering and may for that purpose order the use of force, including, subject to the provisions of section 49, the use of firearms and the other weapons therein mentioned, but the degree of force which may be so used shall not be greater than is necessary for dispersing the persons assembled, and the force used shall be moderated and proportionate to the circumstances of the case and the object to be attained.
49. (1) Firearms or other weapons likely to cause serious bodily injury or death shall not, by virtue of the power conferred by section 48, be used to disperse a gathering until weapons less likely to cause such injury or death have been used and the gathering has not been dispersed, or unless or until any of the persons attending the gathering—
(a)
(b)
(2) Firearms or other weapons likely to cause serious bodily injury or death shall be used for the purposes aforesaid with all reasonable caution, without recklessness or negligence, and so as to produce no further injury to any person than is necessary for the attainment of the object aforesaid.
50. (1) If a police officer of or above the rank of warrant officer is of the opinion—
(a)
(i)
(ii)
(b)
he may without warrant arrest that person or cause him to be arrested and, subject to the provisions of this section, cause him to be detained in a prison referred to in section 20 (1) (a) or (b) of the Prisons Act, 1959 (Act No. 8 of 1959), or a police cell or lock-up.
(2) (a) Any person arrested in terms of the provisions of subsection (1) may at any time be released from detention, but shall at the expiration of a period of forty-eight hours as from the time of his arrest be released from detention unless a warrant for his further detention has in terms of the provisions of paragraph (b) been issued before the expiration of the said period: Provided that no such person shall on any particular occasion when he is being detained in terms of the provisions of this section be so detained for a period exceeding fourteen days as from the date of his arrest.
(b) Whenever a magistrate is of the opinion, on the ground of information submitted to him upon oath by a police officer, that the further detention of any person arrested in terms of subsection (1) is justified on the ground of a consideration contemplated in paragraph (a) or (b), as the case may be, of that subsection, he may on the application of the said police officer issue a warrant for the further detention of such person.
(c) An application referred to in paragraph (b) shall be heard behind closed doors.
(d) For the purposes of this section “magistrate” shall include an additional magistrate and an assistant magistrate.
(3) Any person being detained in terms of the provisions of this section shall be so detained in accordance with the provisions of the Prisons Act, 1959, which relate to unconvicted prisoners awaiting trial for an alleged offence.
(4) The Commissioner shall. as soon as possible after the arrest of any person in terms of the provisions of subsection (1), notify the Minister of his name and the place where he is being detained unless such person has in terms of the provisions of this section been released from detention before the Commissioner could reasonably have effected such notification.
(5) A magistrate may at any time before the expiration of the period of fourteen days referred to in subsection (2) order the release of any person being detained in terms of the provisions of this section.
51. Nothing in this Chapter contained shall be construed as affecting or derogating from any right conferred or duty imposed upon any member of the police or any member of the public under any other statute or under the common law to assist in the dispersal of riotous gatherings or in the prevention and suppression of riotous and seditious acts.
52. So much of the common law as renders illegal any gathering of persons in the open air without the consent of the authorities shall cease to be in operation in the Republic.
53. (1) Whenever the holding or organizing of any procession without the permission, approval or leave of an institution or a body referred to in section 84 (1) (f) of the Provincial Government Act, 1961 (Act No. 32 of 1961), is prohibited in terms of a provision of any law, it shall for the purposes of such provision be deemed that, notwithstanding the granting of such permission, approval or leave for holding or organizing a procession, such permission, approval or leave has not been granted unless the magistrate of the district in which the procession is to be held or organized has also granted his permission, approval or leave for the holding or organizing of such procession.
(2) A magistrate shall refuse to grant his permission, approval or leave referred to in subsection (1), only if he has reason to believe that the holding or organizing of the procession may endanger the maintenance of law and order.
(3) The Minister may from time to time by notice in the Gazette suspend the operation of subsections (1) and (2) in areas specified in the notice, or in areas other than areas so specified, and may by like notice withdraw or amend any such notice.
Chapter 6
Offences and Penalties
54. (1) Any person who with intent to—
(a)
(b)
(c)
in the Republic or elsewhere—
(i)
(ii)
(iii)
(iv)
shall be guilty of the offence of terrorism and liable on conviction to the penalties provided for by law for the offence of treason.
(2) Any person who with intent to achieve any of the objects specified in paragraphs (a) to (c), inclusive, of subsection (1)—
(a)
(b)
(c)
(d)
any service referred to in paragraph (c), any prohibited place or any public building, or attempts to do so;
(e)
(f)
(g)
(h)
(i)
(j)
(k)
shall be guilty of the offence of subversion and liable on conviction—
(i)
(ii)
(3) Any person who with intent to—
(a)
(b)
(c)
(d)
(e)
(f)
in the Republic or elsewhere—
(i)
(ii)
(iii)
(iv)
shall be guilty of the offence of sabotage and liable on conviction to imprisonment for a period not exceeding twenty years.
(4) Any person who has reason to suspect that any other person intends to commit or has committed any offence referred to in subsection (1), (2) or (3) and any person who is aware of the presence at any place of any other person who is so suspected of intending to commit or having committed such an offence, and who—
(a)
(b)
(c)
as the case may be, shall be guilty of an offence and liable on conviction to the penalty to which the person whom he so harboured or concealed or to whom he so rendered assistance or whose presence he so failed to report or to cause to be reported would have been liable on conviction of the offence which the last-mentioned person intended to commit or committed, as the case may be.
(5) No person shall be convicted of an offence in terms of subsection (1), (2) or (3) committed at any place outside the Republic, if such person proves that he is not a South African citizen and has not at any time before or after the commencement of this Act been resident in the Republic and that he has not at any time after 27 June 1962 entered or been in the Republic in contravention of any law.
(6) If the evidence in any prosecution for an offence in terms of—
(a)
(b)
the accused may be found guilty of the offence so proved.
(7) For the purposes of subsection (1) (ii), and without derogating from the generality of the meaning of the word “act”, the undergoing of specific training or the possession of any substance or thing shall be deemed also to constitute the performance of an act.
(8) For the purposes of this section—
“Government of the Republic” includes a provincial administration or any institution or body contemplated in section 84 (1) (f) of the Provincial Government Act, 1961 (Act No. 32 of 1961);
“prohibited place” means a prohibited place as defined in section 1 (1) of the Protection of Information Act, 1982 (Act No. 84 of 1982);
“public building” means any building which or part of which is occupied by the State, any institution or body contemplated in section 84 (1) (f) of the Provincial Government Act, 1961, or any other body which has been instituted by or under any law and to which local or other governmental functions have been assigned.
56. (1) Any person who—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
shall, subject to the provisions of subsections (2), be guilty of an offence and liable on conviction—
(i)
(ii)
(iii)
(2) No person shall be convicted of an offence referred to in subsection (1) (b) if he satisfies the court that as soon as practicable after having become aware of being in possession of a publication referred to in that subsection, he took reasonable steps to report the fact of his being so in possession of such publication to a police officer, or to deliver the publication in question to a police officer.
57. (1) Any person who after the prohibition under section 46 (1) (i) or (3) of a gathering—
(a)
(b)
(c)
shall be guilty of an offence unless, if the prohibition has not been published in the Gazette, he satisfies the court that he had no knowledge of the prohibition, and liable on conviction—
(i)
(ii)
(2) Any person who—
(a)
(b)
(c)
shall be guilty of an offence and liable on conviction to a fine not exceeding two thousand rand or to imprisonment for a period not exceeding two years.
(3) For the purposes of subsection (1) a person shall be deemed to have convened a gathering—
(a)
(b)
(c)
(4) Any person who, without the permission of the police on duty, enters or remains in any place or area closed or made inaccessible under section 47, while it is closed or inaccessible, shall be guilty of an offence and liable on conviction to a fine not exceeding two hundred and fifty rand or to imprisonment for a period not exceeding three months.
(5) Any person who refuses or fails forthwith to obey an order given under section 48 (1) by a police officer referred to in that section shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand rand or to imprisonment for a period not exceeding one year.
58. Whenever any person is convicted of an offence which is proved to have been committed by way of protest against any law or in support of any campaign against any law or in support of any campaign for the repeal or modification of any law or for the variation or limitation of the application or administration of any law, the court convicting him may, notwithstanding anything to the contrary contained in any law, sentence him to a fine not exceeding three thousand rand or to imprisonment for a period not exceeding three years or to both such fine and such imprisonment.
59. Any person who—
(a)
(b)
to commit an offence by way of protest against any law or in support of any campaign against any law or in support of any campaign for the repeal or modification of any law or for the variation or limitation of the application or administration of any law, shall be guilty of an offence and liable on conviction to a fine not exceeding five thousand rand or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
60. (1) Any person who solicits, accepts or receives from any person or body of persons, whether within or outside the Republic, or who offers or gives to any person or body of persons any money or other article for the purpose of—
(a)
(b)
(c)
shall be guilty of an offence and liable on conviction to the penalties prescribed in section 59.
(2) The court convicting any person for receiving or accepting any money or other article for any purpose referred to in subsection (1) shall, in addition to any penalty which it may lawfully impose, declare that money or that article forfeit to the State if such money or article is found in the possession or under the control of the person convicted, or declare so much of that money or article as was found in possession or under the control of the said person to be so forfeit,
61. (1) Whenever an offender has been sentenced in terms of section 58, 59 or 60 to pay a fine, the court which passed the sentence shall, unless the fine has been paid within forty-eight hours of its having become payable, and unless the court is satisfied that the offender does not possess any movable or immovable property, issue a warrant addressed to the sheriff or messenger of the court authorizing him to levy the amount of that fine as well as the costs and expenses of the said warrant and of the attachment and sale thereunder. by attachment and sale of any movable property belonging to the offender, regardless of whether the sentence directs that in default of payment of the fine the offender shall undergo imprisonment.
(2) If the proceeds of the sale of the movable property of the offender are insufficient to satisfy the amount of the fine and the cost and expenses aforesaid, the court shall issue a warrant for the levy of the amount unpaid against the immovable property of the offender.
62. Any person who utters words or performs any other act with intent to cause, encourage or foment feelings of hostility between different population groups or parts of population groups of the Republic, shall be guilty of an offence and liable on conviction to a fine not exceeding two thousand rand or to imprisonment for a period not exceeding two years. or to both such fine and such imprisonment.
63. (1) The court convicting any person of an offence referred to in section 56 (1) (c) may declare the property in respect of which the offence was committed, or the rights of the convicted person to such property. forfeit to the State: Provided that such a declaration of forfeiture shall not affect any rights which any person other than the convicted person may have to such property, if it is proved that the said other person did not know that the property was being or would be used in contravention of the said section.
(2) Section 35 (4) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), shall mutatis mutandis apply in respect of such a forfeiture.
Chapter 7
Procedure, Jurisdiction of Courts and Evidence
64. No trial in respect of an offence referred to in section 54 shall be commenced without the written authority of the attorney-general.
65. Any application for a direction referred to in section 153 (1) or (2) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), shall, if the criminal proceedings in connection with which that application is made is a prosecution for an offence referred to in section 54, be heard behind closed doors.
66. (1) Notwithstanding anything to the contrary in any law or the common law contained, no person shall be compelled and no person shall be permitted or ordered to give evidence or to furnish any information in any proceedings in any court of law or before any body or institution established by or under any law or before any commission as contemplated in the Commissions Act, 1947 (Act No. 8 of 1947), as to any fact, matter or thing or as to any communication made to or by such person, and no book or document shall be produced in any such proceedings, if an affidavit purporting to have been signed by the Minister responsible in respect of such fact, matter, thing, communication, book or document, or, in the case of a provincial administration. the Administrator concerned, is produced to the court of law, body, institution or commission concerned, to the effect that the said Minister or Administrator, as the case may be, has personally considered the said fact, matter, thing, communication, book or document, that, in his opinion, it affects the security of the State and that disclosure thereof will, in his opinion, prejudicially affect the security of the State.
(2) The provisions of subsection (1) shall not derogate from the provisions of any law or of the common law which do not compel or permit any person to give evidence or to furnish any information in any proceedings in any court of law or before any body or institution established by or under any law or before any commission as contemplated in the Commissions Act, 1947, as to any fact, matter or thing or as to any communication made to or by such person, or to produce any book or document, in connection with any matter other than a matter affecting the security of the State.
67. 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—
(a)
(b)
(c)
such persons may be tried jointly for such offences on that indictment, summons or charge.
68. (1) Notwithstanding anything to the contrary in any law or the common law contained—
(a)
(b)
(2) If the Minister so directs, the trial of any person for an offence in terms of section 54 shall take place at such place in the Republic as the Minister may determine.
(3) Whenever the trial for an offence in terms of section 54 committed outside the Republic takes place in the Republic, whether or not on the instructions of the Minister, the laws relating to procedure and evidence of the Republic shall apply in respect of such trial.
(4) A magistrate’s court which is not the court for a regional division shall, notwithstanding anything to the contrary in any law contained, have jurisdiction to impose any sentence or make any order provided for in sections 58, 59 and 60: Provided that no such magistrate’s court shall have jurisdiction to impose a sentence of a fine exceeding three thousand rand or imprisonment for a period exceeding three years.
69. (1) If in any prosecution in terms of this Act in which it is alleged that any person is or was a member of any organization, it is proved that he attended any meeting of that organization, or has advocated, advised, defended or encouraged the promotion of any 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 of or at the instance of that organization, he shall be presumed, until the contrary is proved, to be or to have been a member of that organization.
(4) In any prosecution for an offence in terms of this Act, any document, book, record, pamphlet or other publication or written instrument—
(a)
(b)
(c)
and any reproduction of such document, book, record, pamphlet, other publication or written instrument, shall be admissible in evidence against the accused as prima facie proof of the contents thereof.
(5) If in any prosecution for an offence in terms of section 54 (1) or (2) it is proved that the accused has committed any act alleged in the charge, and if such act resulted or was likely to have resulted in the achievement of any of the objects specified in section 54 (1) (a) to (c), inclusive, it shall be presumed, unless the contrary is proved, that the accused has committed that act with intent to achieve such object.
(6) (a) If in any prosecution for an offence in terms of section 54 (1) the act with which the accused is charged, consists thereof, and it is proved, that he unlawfully had in his possession any automatic or semi-automatic rifle, machine gun, sub-machine gun, machine pistol, rocket launcher, recoilless gun or mortar, or any ammunition for or component part of such weaponry, or any grenade, mine, bomb or explosive, it shall be presumed, unless the contrary is proved, that the accused had the said weaponry, ammunition, component part, grenade, mine, bomb or explosive in his possession with intent to commit therewith or in connection therewith in the Republic, in order to achieve any of the objects specified in section 54 (1) (a) to (c), inclusive, any of the acts contemplated in section 54 (1) (i) to (iv), inclusive.
(b) If in any prosecution for an offence in terms of section 54 (1) the act with which the accused is charged consists thereof, and it is proved, that he unlawfully had in his possession any firearm or ammunition other than any firearm or ammunition referred to in paragraph (a), or so unlawfully had in his possession more than one such other firearm, and if in the opinion of the court the nature of that other firearm or firearms or of that ammunition or the circumstances in which the accused so had such other firearm, firearms or ammunition in his possession or the quantity thereof which the accused so had in his possession can justify the inference that the accused so had possession thereof with intent to commit therewith or in connection therewith in the Republic any of the acts contemplated in section 54 (1) (i) to (iv), inclusive, it shall be presumed, unless the contrary is proved, that the accused had the said other firearm, firearms or ammunition in his possession with intent to commit therewith or in connection therewith in the Republic, in order to achieve any of the objects specified in section 54 (1) (a) to (c), inclusive, any of the acts contemplated in section 54 (1) (i) to (iv), inclusive.
(7) (a) If it is relevant for the purposes of any prosecution for an offence in terms of section 54 (1) or (2), the court shall take notice of the fact that the objects of an unlawful organization specified in Schedule 4 include the achievement, by means of violence or threats of violence, of the object specified in section 54 (1) (a).
(b) The State President may from time to time by proclamation in the Gazette remove from or add to Schedule 4 the name of any unlawful organization specified in the proclamation.
(8) If in any prosecution against any person in which it is alleged that the offence charged was committed by way of protest against any law, or in support of any campaign against any law, or in support of any campaign for the repeal or modification of any law or for the variation or limitation of the application or administration of any law, it is proved that the offence was committed in the company of two or more other persons who have been or are being charged with having committed similar offences at the place where the offence which forms the subject of the prosecution was committed, and at the same time or approximately the same time as such offence was committed, it shall be presumed, unless the contrary is proved, that the offence was committed as alleged.
Chapter 8
Supplementary Provisions
71. (1) Any postal article containing or suspected to contain any money or other article intended for any of the purposes referred to in section 60 (1) may be detained by the Postmaster-General and forwarded to the Commissioner for disposal as hereinafter provided.
(2) The Commissioner may open for examination any postal article received by him in pursuance of the provisions of subsection (1).
(3) If a postal article opened in terms of subsection (2) contains any money or other article which the Commissioner has reason to believe is intended for any of the purposes referred to in section 60 (1), he shall forward it to the Minister for disposal as hereinafter provided.
(4) The Minister may, if he has reason to believe that the money or other article contained in a postal article forwarded to him in terms of subsection (3) is intended for any of the purposes referred to in section 60 (1), cause that money or other article to be seized and shall cause the sender thereof, if his name and address are known, and the person to whom the postal article is addressed, to be informed forthwith of the seizure and of the reasons therefor.
(5) Any money or other article seized in terms of subsection (4) shall be forfeited to the State unless the sender or the person to whom it was addressed, within ninety days of the seizure satisfies the Minister that the said money or other article was not intended for any of the purposes referred to in section 60 (1).
(6) Any postal article detained under subsection (1) and not dealt with as provided in subsection (3), (4) or (5), shall be forwarded without delay to the person to whom it is addressed.
(7) For the purposes of this section “postal article” means a postal article as defined in section 1 of the Post Office Act, 1958 (Act No. 44 of 1958).
72. Whenever—
(a)
(b)
(c)
the Minister shall report the circumstances to Parliament within fourteen days after the date of the action, prohibition or direction in question if Parliament is then in session or, if Parliament is not then in session, within fourteen days after the commencement of its next ensuing ordinary session.
73. (1) Subject to the provisions of subsections (2) and (3), the laws specified in Schedule 1 are hereby repealed to the extent set out in the third column of that Schedule.
(2) Any regulation, notice, order, prohibition, authority, permission, information or document which has been made, issued, imposed, given, granted or furnished and any other thing which has been done in terms of the provisions of any law repealed by subsection (1) or of any law repealed by a law so repealed, and which could be made, issued, imposed, given, granted, furnished or done in terms of the provisions of this Act, shall be deemed to have been made, issued, imposed, given, granted, furnished or done in terms of the last-mentioned provisions: Provided that the provisions of section 43 shall not apply in relation to any person in respect of whom, on the date immediately preceding the date of commencement of this Act, any restriction or prohibition is in force by virtue of a notice delivered or tendered to him in terms of the provisions of any law so repealed. or any person who, on the date first mentioned in this proviso, is in detention by virtue of such a notice: Provided further that at the expiration of a period of twelve months after the date of commencement of this Act all notices referred to in the immediately preceding proviso shall be deemed to be withdrawn.
(3) Anything which has been done by the State President or the Minister of Justice in terms of the provisions of any law repealed by subsection (1) and which could be done by the Minister of Law and Order in terms of the provisions of this Act, shall be deemed to have been done by the Minister of Law and Order in terms of the last-mentioned provisions.
74. This Act shall be called the Internal Security Act, 1982, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
Schedule 1
Laws Repealed
Schedule 4
Unlawful organizations in respect of which the provisions of section 69 (7) are applicable