In a major addition to existing repressive powers the South African parliament has passed a new law with far-reaching implications. Adopted before the recent troubles in Soweto, the measure appears to be designed – as an opposition MP pointed out – to give the government emergency powers without declaring a state of emergency. They are: the Internal Security Amendment Act, and the Parliamentary Internal Security Commission Act ('Piscom'). The former was initially called the Promotion of State Security Bill, but its name was changed in the Senate after critics had dubbed it the "SS" Bill.
INTERNAL SECURITY AMENDMENT ACT This law has the following new features: (1) Imprisonment by ministerial decree The Act (section 4) allows the Minister of Justice to order the imprisonment without trial for a year of anybody whom he considers to be a threat to the security of the state. Pending the service of such an order upon the victim, any police officer can arrest the person concerned without warrant and keep him in custody for up to 7 days. This clause replaces the "Sobukwe" clause which enabled the Minister to detain convicted political prisoners indefinitely after the completion of their sentence. This power was only invoked once – against Robert Sobukwe, who was held on Robben Island for 6 years after his sentence expired.
(2) Detention of witnesses in political trials Section 6 grants the Minister power to detain witnesses in political trials if in his view there is any danger of intimidation or of their absconding. Anybody so detained may be held for up to 6 months, or until the end of the trial in which they are thought to be involved. No one, except a magistrate or an officer of the state, may visit a detainee without consent of the Attorney-General, and under conditions imposed by him.
(3) "Endangering the security of the State" The "Suppression of Communism Act" of 1950 is renamed the "State Security Act". The powers of the Minister of Justice under the previous Act to ban or house arrest individuals and/or organisations and to prohibit publications are extended to a wider category of persons defined on the basis of "endangering the security of the State or maintenance of public order". As before, the Minister's opinion is decisive. No link with communism has to be asserted.
(4) Additional provisions Section 10 amends the Public Safety Act of 1953 (which empowers the government to introduce a state of emergency so as to eliminate the previous limit on penalties for offences under emergency regulation. There appears to be no limit on penalties now.
