CHAPTER 114
TRADING WITH THE ENEMY ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
TRADING WITH THE ENEMY AND MATTERS RELATING THERETO

   3.   Penalties for trading with the enemy

   4.   Definition of "enemy"

   5.   Inspection and supervision of businesses

   6.   Power to control and wind up certain businesses

   7.   Transfer of negotiable instruments and choses in action by enemies

   8.   Transfer and allotment of securities

   9.   Purchase of enemy currency

   10.   Power of Postmaster-General to confiscate and cancel postal matter

PART III
PROPERTY OF ENEMIES AND ENEMY SUBJECTS

   11.   Collection of enemy debts and custody of enemy property

   12.   Provisions as to Custodian

   13.   False statements and obstruction

   14.   Offences by corporations

   15.   Evidence of authority or sanction of the President

   16.   Saving of rights of the State

AN ACT

to impose penalties for trading with the enemy; to make provision as respects the property of enemies and enemy subjects; and to provide for purposes connected with the matters aforesaid.

[3rd September, 1939]

Act 29 of 1939,

Act 34 of 1947,

Act 13 of 1994,

GN 497 of 1964,

SI 5 of 1965.

PART I
PRELIMINARY

1.   Short title

   (1) This Act may be cited as the Trading with the Enemy Act.

   (2) This Act shall be deemed to have come into operation on the 3rd September, 1939:

Provided that a person shall not, by virtue of this sub-section, be liable to any penalty in respect of anything done by him before the date of the publication of this Act in the Gazette which, if it had been done in England, would not have been unlawful in common law.

2.   Interpretation

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

"enemy subject" means—

      (a)   an individual who possesses the nationality of a State at war with the Republic; or

      (b)   a body of persons constituted or incorporated in, or under the laws of, any such State;

"enemy territory" means any area which is under the sovereignty of, or in the occupation of, a power with whom the Republic is at war, not being an area in the occupation of the Republic or of a power allied with the Republic, and also any area which the President may, by statutory order, direct to be treated for the purposes of this Act as enemy territory.

   (2) A certificate of the President that any area is or was under the sovereignty of, or in the occupation of any power, or as to the time at which any area became or ceased to be under such sovereignty or in such occupation shall, for the purposes of any proceedings under or arising out of this Act, be conclusive evidence of the facts stated in the certificate.

   (3) In considering for the purposes of any of the provisions of this Act whether any person has been an enemy or an enemy subject, no account shall be taken of any state of affairs existing before the commencement of this Act.

   (4) For the purposes of this Act, a person shall be deemed to be a director of a body corporate if he occupies in relation thereto the position of a director, by whatever name called; and, for the purposes of the provisions of this Act relating to offences by bodies corporate, a person shall be deemed to be a director of a body corporate if he is a person in accordance with whose directions or instructions the directors of that body act:

Provided that a person shall not, by reason only that the directors of a body corporate act on advice given by him in a professional capacity, be taken to be a person in accordance with whose directions or instructions those directors act.

[S 2 am by Act 34 of 1947; SI 5 of 1965.]

PART II
TRADING WITH THE ENEMY AND MATTERS RELATING THERETO

3.   Penalties for trading with the enemy

   (1) Any person who trades with, or attempts to trade with, the enemy within the meaning of this Act shall be guilty of an offence of trading with the enemy, and shall be liable—

      (a)   on conviction by the High Court to imprisonment for a term not exceeding seven years or to a fine, or to both; or

      (b)   on conviction by a magistrate holding a subordinate court of the first class to imprisonment for a term not exceeding twelve months or to a fine not exceeding fifteen thousand penalty units, or to both;

and the court may in any case order that any goods or money in respect of which the offence has been committed shall be forfeited.

   (2) For the purposes of this Act, a person shall be deemed to have traded with the enemy—

      (a)   if he has had any commercial, financial or other intercourse or dealings with, or for the benefit of, an enemy, and, in particular, but without prejudice to the generality of the foregoing provisions, if he has—

      (i)   supplied any goods to or for the benefit of an enemy, or obtained any goods from an enemy, or traded in, or carried, any goods consigned to or from any enemy or destined for or coming from enemy territory; or

      (ii)   paid or transmitted any money, negotiable instrument or security for money to or for the benefit of an enemy or to a place in enemy territory; or

      (iii)   performed any obligation to, or discharged any obligation of, an enemy, whether the obligation was undertaken before or after the commencement of this Act; or

      (b)   if he has done anything which, under the following provisions of this Act, is to be treated as trading with the enemy;

and any reference in this Act to an attempt to trade with the enemy shall be construed accordingly:

Provided that a person shall not be deemed to have traded with the enemy by reason only that he has—

      (i)   done anything under an authority given generally or specially by, or by any person authorised in that behalf by, the President; or

      (ii)   received payment from an enemy of a sum of money due in respect of a transaction under which all obligations on the part of the person receiving payment had been performed before the commencement of the war by reason of which the person from whom the payment was received became an enemy.

   (3) Any reference in this section to an enemy shall be construed as including a reference to a person acting on behalf of an enemy.

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