Suppression of Communism Act, 1950

The Suppression of Communism Act, Act no. 44/1950 ( German Law for the Suppression of Communism ) was a law in South Africa, which was adopted by Parliament on 26 June 1950 and entered into force on 17 July of the same year. The law allowed for comprehensive limitation and prohibition action against classified as communist organizations, people and activities. The term communism was very widely defined, directed against any critical and oppositional attitudes in the apartheid system, even to people with clear anti-communist positions and served to build political offenses and the general criminalization of the resistance against apartheid. Many of its provisions were in 1976 taken up unchanged or modified by the Internal Security Amendment Act (Act No. 79/1976 ). Here we undertook a retrospective renaming. The Suppression of Communism Act and its subsequent act, the Internal Security Act of 1982, a key position to come in exacerbating the then political situation in the country.

• 5.1 Notes and references

Initial situation

The question raised by the National Party government was because of its apartheid policy of a growing critical attitude in all strata of the population of South Africa against. In particular force the already adopted apartheid laws ( Apartheid Legislation Acts ) met with the limitations caused by them in public and private life the black population as well as the color and ethnic Indian population. From the circle of civil resistance was particularly noticeable. But may also be mentioned human rights activists from the white population. These included legal and active in church life in South Africa people.

Purpose and Objectives

Behind this law were two intentions. The ostensible aim was to explain the South African Communist Party and all activities with their associated standing for unlawful organization and operation. In addition, the law aimed at banning of periodic and other publications, as well as a ban on " communist " activities and precautions before " other extraneous matters " from.

The other and more far -reaching goal resulted from the in Section 1, paragraph 1, letter ( ii ) extensively defined communism - term. Accordingly, where any activity that was not wanted by the government, will be covered by the law. The facts of communism was given if the Justice Department claimed to detect the following basics in an action:

• The doctrine of Marx's socialism or his further development of Lenin or Trotsky;
• The doctrine of III. Communist International ( Comintern );
• The doctrine of the Communist Information Bureau ( Cominform );
• Related views or opinions existed on the basis of this doctrine that are developed or represented in the Union, to the fundamental principles of this doctrine or parts of it as well as any doctrine or schemas are persecuted ... ( a) which propose to set up a despotic system of government based on the dictatorship of the proletariat, recognizing a political organization and suppress all other organizations or eliminate;
• ( b ) which intend to provide a political, industrial, social and economic change with the support of unrest or wrongly, with unlawful acts or omissions ...;
• ( c ) intend that, over a political, industrial, social and economic change according to the guidelines of or under the direction or in cooperation with any foreign government or any foreign or international institution whose purpose or one of its purposes is to the establishment of any political, industrial, social or economic system, which is identical to a system of another country, as described in paragraph ( a) or;
• ( d ) what are (a ) or ( b ) have described the encouragement of hostile feelings between the European and non-European races intend in the Union and other services, which refer to goals as set out in paragraph.

In further autopsies (paragraphs ) is commonly spoken of unlawful organization, ie from unlawful organizations. The definition of an established or informal grouping is evident from Section 1, paragraph 1, letter ( xvii). From this, the possibility to realize fuzzy application is visible. Meetings were defined as a meeting with " any persons ".

As publications in the legal sense not only books, but also newspapers, magazines, brochures, memoranda, leaflets and posters were viewed. The ban could extend to the citation of a banned person. So they resorted massively to the principle of freedom of expression and tried to critically examine the practice of politics to choke.

Under section 18 of the Act, its provisions were also on the territory of the former South-West Africa into force. The area of South Africa and is now Namibia, as its scope is referred to as "Union" in the legal text.

Application and impact

The exercise of the possible under this Act was incumbent acts in the last instance the Governor - General of South Africa and in the specific issues, the Ministry of Justice.

The South African government turned to those described in the law of attorney to any organization or person who engaged against the apartheid system. For enforcement of the measures ordered by a government official was employed. Depending on the task called him officer or liquidator.

The famous Rivonia Trial was conducted on the basis of this Act and the Sabotage Act, General Laws Amendment Act (Act No. 76/1962 ).

Prohibition of the Communist Party of South Africa

One of the first decrees after the entry into force of the law was the declaration of the South African Communist Party ( SACP ) for unlawful organization ( unlawful organization). Due to this prohibition, it moved its activities underground. The party remained banned until 1990.

Banishment

A derived from this law special form of sanction was the banishment. This comprehensive bans and restrictions against organizations and individuals have been adopted. It resulted from the fact for those affected significant limitations in professional, political and personal life. Often was associated with this arrangement, a publication ban and house arrest. As a result, the control often led to the destruction of professional and social lives. Without regard to basic human rights, the government imposed restrictions of human communication and a sharp daily reporting obligation departments of the South African Police. These measures were adopted without a court order and without prior consultation with interested parties.

The connected to the Suppression of Communism Act arbitrariness of all determinations by the authorized ministers extended even to acts in the field of medical assistance compulsory. With an individual additional provision (1978 ) to spell command (1977 ) against Mamphela Ramphele the doctor was illegal to bring in two branches of a hospital in Northern Transvaal patients.

During the period 1950-1978 a banishment was used around 1400 people. In 1979 152 persons were under the spell. The period of this extensive limitations was two years and could be extended to a maximum of five years. Preferably, this measure was directed against intellectuals and leaders of relevant organizations.

Finally, there were institutions that were affected by a banishment. Examples of this are the Christian Institute of Southern Africa, which received these available in October 1977, and in 1966 by the Justice Minister Balthazar Johannes Vorster banned International Defence and Aid Fund for Southern Africa.

As part of the 1952 from the African National Congress ( ANC) and South African Indian Congress (SAIC ) led Defiance Campaign led to massive public demonstrations in the spirit of Mahatma Gandhi. Despite the peaceful mass protests, the South African government the Suppression of Communism Act continued relentlessly against the major players.

Persons who were particularly affected by the banishment, for example, Fatima Meer, Lilian Ngoyi, Albert John Luthuli, Steve Biko, Barney Nyameko Pityana, Ian Robertson ( former President of the National Union of South African Students ) and Donald Woods. For some of these cases, the former Minister of Justice ( 1961-1966 ) Balthazar Johannes Vorster prompted the Bannungsanordnung.

The appropriate arrangements have been made in Section 10. On the basis of the Minister of Justice will be given a comprehensive law restricting all personal freedoms. The Averting goes on regulations of older Riotous Assemblies Act of 1929 back.

In Section 11, the occupied punitive reinforcement actions are listed. There are listed fines and prison sentences of up to ten years.

International perception

The force exerted on the basis of this and other apartheid laws repression was observed and condemned in the international framework of numerous non-governmental organizations such as Amnesty International and the United Nations. Especially the banishment of actually non-violent campaigning organizations and acting in accordance with constitutional criteria jurists lay in the observation field of the international public.

The lawyer Joel Carlson was active in many cases as a defender in political processes and in the run-up. This work he did as an observer of South Africa by the International Commission of Jurists (Geneva). As Counsel of prisoners, he documented numerous acts of the apartheid system, especially the methods of torture by the security authorities. His dedicated occurrence led to the withdrawal of his passport as part of a claim against him Bannungsverfügung. He had to flee in 1970 from South Africa.

Impacted by this law persons were also among leading representatives of the South African churches, for example, Trevor Huddleston, the UK initiated an anti- apartheid organization later.

International attention was directed not only to the defense but also on the observation of the process expiration. Within lawsuits on the basis of this and other laws of any South African Minister had to prevent the power, witness statements and the use of documents in the processes ( legalized suppression of documents ) since 1969 on the basis of the accompanying Law General Law Amendment Act (Act 101/1969 ) when he justified this with " interests of the state " and "endangering public safety ". There was no possibility of revision.

A well-known case for the banishment of organizations is thus decreed disqualification, which was founded in 1956 South African prisoners charity South African Defence and Aid Found ( banned on 18 March 1966), which are both at home and abroad to relief funds for the defense of political prisoners and victims of torture and operated for their families to reduce emergencies often occur. The donations came from Australia, Denmark, Great Britain, the Netherlands, Norway, Sweden and the United States ( Africa Fund of the American Committee on Africa ), where she held subsidiary organizations for their own purposes. In this case, no subversive activities were available and have also not been established. However, it has financed a number of books and films about the repression of the system. This prominent example proves that the accusation of communism was a pretext.

South West Africa

In the occupied South Africa South West Africa (now Namibia ) took the law in the same way its arbitrary application. In West Africa ablaze three major strikes in 1952 and 1953 because of an attempt by the use of temporary workers to displace the existing workforce in the mines. Therefore, it took action against striking workers and union members using the Suppression of Communism Act. Some of them were taken into custody, in consequence suppressed to the operation of the trade union movement.

Complementary legislation

The Suppression of Communism Act was flanked in its aims by further legislation, supplemented and modified. The most important of these are:

• Suppression of Communism Amendment Act (Act No. 50/1951 ) and other legislation amendment (No. 97/1965, no. 8/1966, no. 24/1967 and No. 2/1972 )
• Riotous Assemblies and Suppression of Communism Amendment Act (Act No. 15/1954, also called " Riotous Assemblies & Criminal Laws Amendment Act " )
• Riotous Assemblies Act (Act No. 17/1956 )
• Unlawful Organizations Act (Act No. 34/1960 )
• General Laws Amendment Act (Act No. 37/1963 )
• General Laws Amendment Act ( " Terrorism Act " ) (Act no. 83/1967 )
• Prohibition of Political Interference Act (Act No. 51/1968 )
• Gatherings and Demonstrations in the Vicinity of Parliament Act (Act No. 52/1973 )
• Internal Security Amendment Act (Act No. 79/1976 ).

The persecution of individuals and organizations who cooperated with not communist organizations or persons brought the country several times a considerable international criticism and sanctions. To the repressive domestic policies still be able to continue according to the ideas of apartheid doctrine was working on a veiling amendment. With the Internal Security Amendment Act, Act No. 79/1976 ( from 16 June 1976 in force), as principal Act referred to, revised to the current legislation in this sector in key areas. In the parliamentary process its draft version was before entitled Promotion of State Security Bill, which was then changed to the proposal of a senate member of the National Party and with the approval of the then Minister of Justice in Internal Security Amendment Bill. In the course of this legislation the Suppression of Communism Act is retroactively named in Internal Security Act (hereinafter referred to as the Internal Security Act, Act No. 44 of 1950 referred ) to. It is believed that this change represented a response to the many years of persistent international criticism of the political persecution of individuals.

From the other activities of the Government emerged in 1982 a the concerns of the Suppression of Communism Act, this legislation called Internal Security Act (Act No. 74/1982 ).