Internal Security Act, 1982 | |
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Parliament of South Africa | |
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Citation | Act No. 74 of 1982 |
Enacted by | Parliament of South Africa |
Assented to | 1 June 1982 |
Commenced | 2 July 1982 |
Repealed | various dates from 31 July 1991 to 20 May 2005 |
Administered by | Minister of Law and Order, Minister of Justice |
Repeals | |
Suppression of Communism Act, 1950 Unlawful Organizations Act, 1960 Terrorism Act, 1967 | |
Repealed by | |
Internal Security and Intimidation Amendment Act, 1991 Abolition of Restrictions on Free Political Activity Act, 1993 Regulation of Gatherings Act, 1993 Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 | |
Status: Repealed |
The Internal Security Act, 1982 (Act No. 74 of 1982) was an act of the Parliament of South Africa that consolidated and replaced various earlier pieces of security legislation, including the Suppression of Communism Act, 1950, parts of the Riotous Assemblies Act, 1956, the Unlawful Organizations Act, 1960 and the Terrorism Act, 1967. [1] It gave the apartheid government broad powers to ban or restrict organisations, publications, people and public gatherings, and to detain people without trial. The Act was passed as a consequence of the recommendations of the Rabie Commission, which had enquired into the state of security legislation. [2] [3]
It took over from the Suppression of Communism Act as the basis for serving banning orders on people. It also provided for house arrest. [4]
Most of the Act was progressively repealed during the transitional period between 1990 (when in October, the last of five successive years of states of emergency concluded) and 1996, with the last remaining sections repealed in 2005.[ citation needed ]
The Republic of South Africa is a unitary parliamentary democratic republic. The President of South Africa serves both as head of state and as head of government. The President is elected by the National Assembly and must retain the confidence of the Assembly in order to remain in office. South Africans also elect provincial legislatures which govern each of the country's nine provinces.
Crimes against humanity are widespread or systemic criminal acts which are committed by or on behalf of a de facto authority, usually by or on behalf of a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the context of wars, and they apply to widespread practices rather than acts which are committed by individuals. Although crimes against humanity apply to acts which are committed by or on behalf of authorities, they do not need to be part of an official policy, and they only need to be tolerated by authorities. The first prosecution for crimes against humanity took place during the Nuremberg trials. Initially considered for legal use, widely in international law, following the Holocaust, a global standard of human rights was articulated in the Universal Declaration of Human Rights (1948). Political groups or states that violate or incite violations of human rights norms, as they are listed in the Declaration, are expressions of the political pathologies which are associated with crimes against humanity.
The crime of apartheid is defined by the 2002 Rome Statute of the International Criminal Court as inhumane acts of a character similar to other crimes against humanity "committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime".
Immorality Act was the title of two acts of the Parliament of South Africa which prohibited, amongst other things, sexual relations between white people and people of other races. The first Immorality Act, of 1927, prohibited sex between whites and blacks, until amended in 1950 to prohibit sex between whites and all non-whites. The second Immorality Act, of 1957, continued this prohibition and also dealt with many other sex offences. The ban on interracial sex was lifted in 1985, but certain sections of the 1957 act dealing with prostitution remain in force as the "Sexual Offences Act, 1957".
The Suppression of Communism Act, 1950, renamed the Internal Security Act in 1976, was legislation of the national government in apartheid South Africa which formally banned the Communist Party of South Africa and proscribed any party or group subscribing to communism, according to a uniquely broad definition of the term. It was also used as the basis to place individuals under banning orders, and its practical effect was to isolate and silence voices of dissent.
A ban is a formal or informal prohibition of something. Bans are formed for the prohibition of activities within a certain political territory. Some bans in commerce are referred to as embargoes. Ban is also used as a verb similar in meaning to "to prohibit".
In South Africa, pass laws were a form of internal passport system designed to segregate the population, manage urbanization and allocate migrant labor. Also known as the natives' law, pass laws severely limited the movements of black African citizens, and other people as well by restricting them to designated areas. Before the 1950s, this legislation largely applied to African men; attempts to apply it to women in the 1910s and 1950s were met with significant protests. Pass laws were one of the dominant features of the country's apartheid system until it was effectively ended in 1986. The pass document used in the enforcement of these laws was called the pejoratively called the dompas.
Apartheid was a system of institutionalised racial segregation that existed in South Africa and South West Africa from 1948 to the early 1990s. Apartheid was characterised by an authoritarian political culture based on baasskap, which ensured that South Africa was dominated politically, socially, and economically through minoritarianism by the nation's dominant minority white population. According to this system of social stratification, white citizens had the highest status, followed by Indians and Coloureds, then black Africans. The economic legacy and social effects of apartheid continue to the present day, particularly inequality.
Group Areas Act was the title of three acts of the Parliament of South Africa enacted under the apartheid government of South Africa. The acts assigned racial groups to different residential and business sections in urban areas in a system of urban apartheid. An effect of the law was to exclude people of color from living in the most developed areas, which were restricted to Whites. It required many people of color to commute large distances from their homes to be able to work. The law led to people of color being forcibly removed for living in the "wrong" areas. The majority that was people of color, were given much smaller areas to live in than the white minority who owned most of the country. Pass Laws required people of color to carry pass books and later "reference books", similar to passports, to enter the "white" parts of the country.
Anti-terrorism legislation are laws with the purpose of fighting terrorism. They usually, if not always, follow specific bombings or assassinations. Anti-terrorism legislation usually includes specific amendments allowing the state to bypass its own legislation when fighting terrorism-related crimes, under alleged grounds of necessity.
The Comprehensive Anti-Apartheid Act of 1986 was a law enacted by the United States Congress. The law imposed sanctions against South Africa and stated five preconditions for lifting the sanctions that would essentially end the system of apartheid, which the latter was under at the time. Most of the sanctions were repealed in July 1991, after South Africa took steps towards meeting the preconditions of the act, with the final vestiges of the act being repealed in November 1993.
The system of racial segregation and oppression in South Africa known as apartheid was implemented and enforced by many acts and other laws. This legislation served to institutionalize racial discrimination and the dominance by white people over people of other races. While the bulk of this legislation was enacted after the election of the National Party government in 1948, it was preceded by discriminatory legislation enacted under earlier British and Afrikaner governments. Apartheid is distinguished from segregation in other countries by the systematic way in which it was formalized in law.
Law enforcement in South Africa is primarily the responsibility of the South African Police Service (SAPS), South Africa's national police force. SAPS is responsible for investigating crime and security throughout the country. The "national police force is crucial for the safety of South Africa's citizens" and was established in accordance with the provisions of Section 205 of the Constitution of South Africa.
The Intelligence Services Act was legislation revamping the intelligence agencies of the Republic of South Africa, passed by the National Assembly on 2 December 1994. The legislation established new intelligence agencies, dismantling those used to enforced the Apartheid regime. New institutions were established under a system designed to respect and protect civil liberties, promote transparency and de-politicize South Africa's security agencies.
United Nations Security Council resolution 591, adopted unanimously on 28 November 1986, after recalling resolutions 418 (1977), 421 (1977), 473 (1980) and 558 (1984), the Council strengthened the mandatory arms embargo against apartheid South Africa imposed by Resolution 418, and made it more comprehensive. Resolution 591 sought to clarify vague terms from previous resolutions on the topic.
Internal resistance to apartheid in South Africa originated from several independent sectors of South African society and took forms ranging from social movements and passive resistance to guerrilla warfare. Mass action against the ruling National Party (NP) government, coupled with South Africa's growing international isolation and economic sanctions, were instrumental in leading to negotiations to end apartheid, which began formally in 1990 and ended with South Africa's first multiracial elections under a universal franchise in 1994.
The General Law Amendment Act, number 37 of 1963, commonly known as the 90-Day Detention Law, allowed a South African police officer to detain without warrant a person suspected of a politically motivated crime for up to 90 days without access to a lawyer. When used in practice, suspects were re-detained for another 90-day period immediately after release.
The Unlawful Organizations Act No 34 of 1960 allowed the apartheid government of South Africa to declare unlawful any organizations deemed to threaten public order or the safety of the public. This legislation was enacted within a few weeks of 1960's Sharpeville Massacre. The African National Congress (ANC) and Pan Africanist Congress (PAC) were immediately declared unlawful, and the Indemnity Act that followed legislatively indemnified supporters of the apartheid regime from any wrongdoing connected to the massacre.
The Witchcraft Suppression Act 3 of 1957 is an act of the Parliament of South Africa that prohibits various activities related to witchcraft, witch smelling or witch-hunting. It is based on the Witchcraft Suppression Act 1895 of the Cape Colony, which was in turn based on the Witchcraft Act 1735 of Great Britain.
...from the book A Crime Against Humanity - Analysing the Repression of the Apartheid State edited by Max Coleman, (Cape Town)