# Internal Security Act, 1982/1996-11-15

This is the text of the Internal Security Act, 1982, as it was after it was amended on 15 November 1996 by the Regulation of Gatherings Act, 1993, which came into force on that date in terms of Proclamation No. R. 69 of 1996, and the Safety Matters Rationalisation Act, 1996, which came into force when it was published on that date.
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 Regulation of Gatherings Act, No. 205 of 1993 Abolition of Restrictions on Free Political Activity Act, No. 206 of 1993 Safety Matters Rationalisation Act, No, 90 of 1996
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 5 | Measures in connection with Certain Gatherings | 46–52 |
| Chapter 6 | Offences and Penalties | 54 |
| Chapter 7 | Procedure, Jurisdiction of Courts and Evidence | 64 |
| Chapter 8 | Supplementary Provisions | 72–74 |
1. In this Act, unless the context otherwise indicates—
“gathering” means, for the purposes of—
(a)
(b)
Chapter 5
Measures in Connection with Certain Gatherings
46.
(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(4) Any notice issued by the Minister under subsection (3) may at any time be withdrawn or amended by him by like notice.
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.
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.
(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 subsection (1) does not prove that offence but does prove an offence in terms of subsection (2), (3) or (4), 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—
“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 instituted by or under any law and to which local or other government functions have been assigned.
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.
Chapter 8
Supplementary Provisions
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.
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.