Suppression of Communism Act No. 44 / 1950

Rivonia trial 16.6.1964

Section (1) Definitions

In this act, unless the context otherwise indicates:

(viii) "office bearer", in relation to any organization, means a member of the governing or executive body of -

(a) the organisation; or
(b) any branch, section or committee of the organization or
(c) any local, regional or subsidiary body forming part of the organization;

(ix) "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;

(x) "organization" means any association of persons, incorporated or unincorporated, and whether or not it has been established or registered in accordance with any statue;

(xii) "publication" means any newspaper, magazine, pamphlet, book, handbill or poster.

No. R. 296

DEPARTMENT OF JUSTICE

NOTICE IN TERMS OF SECTION FIVE TER OF THE SUPPRESSION OF COMMUNISM ACT
1950 (ACT No. 44 of 1950)

By virtue of the powers vested in me by sub-section(1) of section five ter of the suppression of Communism Act Max (Act No. 44 of 1950), I, BALTHAZAR JOHANNES VORSTER, Minister of Justice of the Republic of South Africa prohibit all persons -
(a) whose names appear on any list in the custody of the officer referred to in section eight of the said Act; or
(b) who were office-bearers, officers or members of any organization which has under sub-section two of the said Act been declared to be an unlawful organisation; or
(c) - in respect of whom any prohibition under the said Act by way of notices, addressed and delivered or tendered to them is force. and--

(i) who are not office bearers, officers or members of an organization which in any manner prepares, compiles, prints, publishes or disseminates any publication as defined in the said Suppression of Communism Act, 1950, or which in any manner participates or assists in the preparation, compilation, printing, publication or dissemination of any such publication, from becoming office bearers, officers or members of any such organization; or
(ii) who are office bearers, officers or members of an organization which in any manner prepares, compiles, prints, publishes or disseminates any publication as defined in said Suppression of Communism Act, 1950, or which in any manner participates or assists in the preparation, compilation, printing, publication or dissemination of any such publication, from being office-bearers, officers or members of such organization as from the 1st April, 1963, unless any written consent thereto, or that of the magistrate concerned has been obtained.

B.J. Vorster

Minister of Justice

DEPARTMENT OF JUSTICE

No. R. 2130.)

(28 December 1962.

NOTICE IN TERMS OF SECTION FIVE OF THE SUPPRESSION OF COMMUNISM ACT, 1950 (ACT NO. 44 OF 1950)

By virtue of the powers vested in me by sub-section (1) of section five-ter of the Suppression of Communism Act, 1950 (Act No. 44 of 1950), I BALTHAZAR JOHANNES VORSTER, Minister of Justice of the Republic of South Africa, hereby prohibit all persons -

(a) whose names appear on any list in the custody of the officer referred to in section eight of said act;
(b) who were office bearers, officers or members of any organisation which has under sub-section (2) of section 2 of said Act by way of notices addressed and delivered or tendered to them is in force,

and

(i) who are not office-bearers, officers or members of an organisation referred to in Part I or II of the Annexuers to the notice, from becoming office-bearers, officers or members of any such organisation; or
(ii) who are office-bearers, officers or members of an organisation referred to in Part I or II of the said Annexure, from being office bearers, officers of members of any such organisation as from the ist February, 1963.

unless my written consent thereto, or that of the magistrate concerned has been obtained.

This prohibition shall not apply to a trade union or employers' organisation registered as such in terms of the Industrial Conciliation Act, 1956 (Act No. 28 of 1956)

ANNEXURE

PART I (PARTICULAR ORGANISATIONS)

1. African Peoples Democratic Union of Southern Africa
2. African Students Association
3. African Students Union of South Africa
4. African Youth League, also known as Langa Youth League
5. All-African Convention
6. Anti-Coloured Affairs Department
7. Basutoland Congress Party
8. Bechuanaland Peoples Party
9. Cape African Teachers' Associations
10. Cape Peace Council
11. Civil Rights League
12. Congress Alliance, also known as the Congress Movement or Congress of the People
13. Federation of South African Women
14. Moder Youth Society
15. Natal Indian Congress
16. Natal Indian Congress Youth League
17. Natal Peace Council
18. Non-European Unity Movement
19. Progressive Forum
20. Society of Youth Africa
21. South African Coloured Peoples Congress
22. South African Congress of Trade Unions
23. South African Congress of Youth
24. South African Democratic Union
25. South African Indian Congress
26. South African Peace Council
27. South African Society of Peace and Friendship with the Soviet Union
28. South-West African National Union
29. South-West Africa People's Organisation
30. Students Liberal Organisation
31. Swaziland Progressive party
32. Teachers League of South Africa
33. Transvaal Indian Congress
34. Transvaal Indian Youth Congress
35. Transvaal Peace Council
36. Youth Action Committee

PART II ( ORGANISATIONS OF A SPECIFIED NATURE, CLASS OR KIND).

1. Any organisation which is in any manner affiliated to or a subsidiary of any organisation mentioned in Part 1 or which promotes or furthers or performs any act or is engaged in any activity which is calculated to promote or further any of the objects of any such organisation or which has an object the achievement or promotion or furtherance of any object of any such organisation.

2. An organisation which in any manner propagates, defends, attacks, criticises or discusses any form of State or any principle or policy of the Government of a State, or which in any manner undermines the authority of the Government of a State.

3 Any trade union or employers' organisations as defined hereunder, viz -

"trade union" means any number of employees in any particular undertaking, industry, trade or occupation associated together primarily for the purpose of regulating relations in that undertaking, industry, trade or occupation between themselves or some of them and their employers or some of their employers;

"employers' organisation" means any number of employers in any particular undertaking, industry, trade or occupation associated together primarily for the purpose of regulating relations in that undertaking, industry, trade or occupation between themselves or some of them and their employees or some of their employees.