Page:Suppression of Communism Act 1950.pdf/3

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Suppression of Communism.
553

Act No. 44 of 1950.

(xiv)

“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 Union; (xii)

(xv)

“the Communist Party of South Africa” means the organization known by that name on the fifth day of May, 1950, notwithstanding any change in the name of that organization after the said date; (v)

(xvi)

“Union” includes the territory of South-West Africa; (xvii) and

(xvii)

“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. (xi)

(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.


Unlawful organizations.

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 Governor-General is satisfied—

(a)

that any other organization professes or has on or after the fifth day of May, 1950, and before the commencement of this Act, professed by its name or otherwise, to be an organization for propagating the principles or promoting the spread of communism; or

(b)

that the purpose or one of the purposes of any organization is to propagate the principles or promote the spread of communism or to further the achievement of any of the objects of communism; or

(c)

that any organization engages in activities which are calculated to further the achievement of any of the objects referred to in paragraph (a), (b), (c) or (d) of the definition of “communism” in section one; or

(d)

that any organization is controlled, directly or indirectly, by an organization referred to in sub-section (1) or paragraph (a), (b) or (c) of this sub-section,

he may without notice to the organization concerned by proclamation in the Gazette declare that organization to be an unlawful organization, and the Governor-General may in like manner withdraw any such proclamation.