CHAPTER 111
STATE SECURITY ACT

Arrangement of Sections

   Section

   1.   Short title

   2.   Interpretation

   3.   Espionage

   4.   Communications of certain information

   5.   Protection of classified information

   6.   Unauthorised use of uniforms, passes, etc.

   7.   Interfering with persons on guard at protected places

   8.   Harbouring

   9.   Attempts, etc.

   10.   Presumptions

   11.   Search warrants

   12.   Arrest without warrant

   13.   Duty to give information as to commission of offences

   14.   Authority of Director of Public Prosecutions required for prosecution

   15.   Power to exclude public from courts proceedings

   16.   General penalty

   17.   Production of telegrams

   18.   Extra-territorial application of Act, and place of trial

   19.   Repeal and saving of Act 12 of 1967

      SCHEDULE

AN ACT

to make better provision relating to State security; to deal with espionage, sabotage and other activities prejudicial to the interests of the State; and to provide for purposes incidental to or connected therewith.

[23rd October, 1969]

Act 36 of 1969,

Act 59 of 1970,

Act 17 of 1973,

Act 27 of 1985.

1.   Short title

This Act may be cited as the State Security Act.

2.   Interpretation

   (1) In this Act, unless the context otherwise requires—

“authorised officer”, in relation to any provision of this Act, means a person authorised by the person responsible for the administration of this Act to exercise the powers or perform the duties conferred or imposed by such provision;

“classified matter” means any information or thing declared to be classified by an authorised officer;

“Defence Force” has the meaning assigned to it in section 2 of the Defence Act;

“Director” means the Director of Public Prosecutions;

“disaffected person” includes any person carrying on a seditious activity, that is to say, an activity constituting an offence under section 57 of the Penal Code;

“foreign agent” includes any person who is or has been reasonably suspected of being or having been directly or indirectly employed by a state other than the Republic for the purpose of doing in the Republic or elsewhere any act prejudicial to the safety or interests of the Republic, or who has or is reasonably suspected of having done or attempted to do such an act in the Republic or elsewhere in the interests of a state other than the Republic;

“model” includes a design, pattern or specimen;

“munitions of war” means any article, material, or device, including military stores, or any part thereof, whether actual or proposed, intended or adapted for use in war or the defence of the Republic or capable of being adapted for such use, or any article used, or capable of being used or converted or adapted for use, in the production thereof;

“necessary service” includes—

      (a)   any service relating to the generation, supply or distribution of electricity;

      (b)   any fire brigade or fire service;

      (c)   any sewerage, rubbish disposal or other sanitation service;

      (d)   any health, hospital or ambulance service;

      (e)   any service relating to the supply or distribution of water;

      (f)   any service relating to the production, supply, delivery or distribution of food or fuel;

      (g)   mining;

      (h)   any communications service;

      (i)   any transport service;

      (j)   any road, railway, bridge, ferry, pontoon, airfield, harbour or dock; or

      (k)   any other service or facility, whether or not of a kind similar to the foregoing, declared by the President to be a necessary service for the purposes of this Act;

“officer in charge of police” means the officer, not below the rank of Sub-Inspector, appointed by the Inspector-General of Police to be in charge of any police station, and includes, when the officer in charge of the police station is absent therefrom or unable, from illness or other cause, to perform his duties, the police officer present at the police station who is next in rank to such officer;

“official document” includes a passport, any pass of the Defence Force, any police or other official pass, permit, certificate, licence or other similar document;

“protected place” means—

      (a)   any place or area declared by the President, by statutory instrument, to be a protected place for the purposes of this Act;

      (b)   any premises declared to be a protected place under the provisions of section 5 of the Protected Places and Areas Act; or

      (c)   any area declared to be a protected area under the provisions of section 6 of the Protected Places and Areas Act;

“sketch” includes any photographic or other copy or representation of any place or thing;

“telegram” means any communication transmitted or intended to be transmitted by telegraph or delivered or intended to be delivered from any post office or telegraph office as a communication transmitted either wholly or partially by telegraph, and includes a communication transmitted or intended to be transmitted by means of a radiocommunication service which is reduced to writing.

   (2) For the purposes of this Act—

      (a)   expressions referring to communicating or receiving include the communicating or receiving of part of the sketch, plan, model, note or other document, article or information, or of the substance, effect or description thereof;

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