TRC Final Report

Volume 1

Chapter 13

Subsection 12

1961 A state of emergency was declared on 30 March 1961, lasting until 31 August. Regulations made provision for the arrest of persons without warrant and for their detention without charge for a period of twelve days (Horrell 1978: 440). Regulations under Proc 91 of 30 March, which included indemnity for persons exercising powers under these regulations, were passed in May (SRR 1959/60: 73, 78).

1961 General Law Amendment Act No 39: S Provided for twelve-day detention. Amended:

• the Arms and Ammunition Act 28 of 1937 regarding the issuing and cancellation of firearm licences;
• the 1955 Criminal Procedure Act regarding powers of the Attorney-General to prohibit release on bail or otherwise; and
• the 1956 Riotous Assemblies Act. Commenced: 19 May 1961

Sections 6 and 7 repealed by the Internal Security Act No 74 of 1982

1961 Indemnity Act No 61:

S With retrospective effect from 21 March 1960. This Act indemnifies the government, its officers and all other persons acting under their authority in respect of acts done, orders given or information provided in good faith for the prevention or suppression of internal disorder, the maintenance or restoration of good order, public safety or essential services, or the preservation of life or property in any part of the Republic. Commenced: 5 July 1961

1961 Urban Blacks Council Act No 79:

P The first provision for black ‘self-government’ in the urban townships. Assent gained: 30 June 1961; commencement date not found Repealed by s 14 of the Community Councils Act No 125 of 1977

1962 General Law Amendment Act (Sabotage Act) No 76:

S Increased the State President’s power to declare organisations unlawful. Further restrictions could be imposed in banning orders, restricting movement. Persons could now even be banned from social gatherings, including having more than one visitor at a time. The Minister could list banned persons in the Government Gazette (GG).

This Act created the offence of sabotage by providing that any person who committed any wrongful and wilful act whereby he/she injured, obstructed, tampered with or destroyed the health or safety of the public, the maintenance of law and order, the supply of water, light, power, fuel or foodstuffs, sanitary, medical, or fire extinguishing services could be tried for sabotage (Horrell 1978: 443). Commenced: 27 June 1962

Section 16 repealed by the State of Emergency Act No 86 of 1995

1963 General Law Amendment Act No 37:

S Section 17, the ninety-day detention law, authorised any commissioned officer to detain without a warrant - any person suspected of a political crime and to hold them for ninety days without access to a lawyer (Horrell 1978: 469). In practice people were often released after ninety days only to be re-detained on the same day for a further ninety-day period. The ‘Sobukwe clause’ allowed for a person convicted of political offences to be detained for a further twelve months. The Act also allowed for further declaration of unlawful organisations. The State President could declare any organisation or group of persons which had come into existence since 7 April 1960 to be unlawful. This enabled the government to extend to Umkhonto we Sizwe and Poqo the restrictions already in force on the ANC and the PAC (Horrell 1978: 416).

Commenced: 2 May 1963, except ss 3, 9 & 14, which came into effect at different times. Sections 3-7 and 14-17 repealed by the Internal Security Act No 74 of 1982