Page:Internal Security Act 1982 South Africa.pdf/11

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relevant information, the Minister is satished that a particular organization is one which ought to be declared an unlawful organization in terms of section 4 (1), or that the printing, publication or dissemination of a particular periodical or other publication ought to be prohibited in temis of section 5 (1), as the case may be, the Minister may in accordance with the provisions of section 4 (1) declare that organization to be an unlawful organization or in accordance with the provisions of section 5 (1) prohibit the printing, publication or dissemination of that periodical or other publication, as the case may be.

(2) In making a decision for the purposes of the exercise of his powers in terms of subsection (1), the Minister need not give effect to any relevant recommendation of an advisory committee.

(3) Whenever an organization is in terms of the provisions of section 4 (1) read with subsection (1) of this section declared by the Minister to be an unlawful organization or the printing, publication or dissemination of a periodical or other publication is prohibited by the Minister in terms of the provisions of section 5 (1) read with the said subsection—

(a)

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; or

(b)

in the case of a periodical or other publication which is not a newspaper registered under the Newspaper and Imprint Registration Act, 1971 (Act No. 63 of 1971), the publisher of the publication in question,

as the case may be, 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 fourteen days after the date of the publication in the Gazette of the notice declaring the organization in question to be an unlawful organization or prohibiting the printing, publication or dissemination of the periodical or other publication in question, as the case may be, the Minister shall furnish the office-bearer or publisher concerned, as the case may be, with a written statement setting forth his reasons for the 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 the public interest.

(4) If-

(a)

within the period specified in subsection (3) more than one request in terms of paragraph (a) of that subsection is received by the Minister, the Minister shall furnish only one of the office-bearers concemed 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 has so been or will be furnished with reasons and information;

(b)

a periodical or other publication the printing, publication or dissemination of which has been prohibited as contemplated in subsection (3) is a newspaper registered under the Newspaper and Imprint Registration Act, 1971, the Minister shall of his own accord and within the period specified in subsection (3) furnish the publisher of that publication with reasons and information as contemplated in that subsection.

Review of steps taken in respect of organizations or publications. 11. (1) Subject to the provisions of section 12 (3), an office-bearer, referred to in section 10 (3) (a), of any organization which has been declared an unlawful organization by the Minister in terms of the provisions of section 4 (1) read with section 10 (1), or the publisher of any periodical or other publication the printing, publication or dissemination of which has been prohibited by the Minister in terms of the provisions of section 5 (1) read with section 10 (1), as the case may be, may, within the applic-