Following State President F W De Klerk's speech to parliament on 2 February the prohibitions on the ANC and 60 other anti-apartheid organisations were lifted, restrictions on certain individuals were rescinded and eight newspapers were unbanned.
While organisations restricted under the Internal Security Act and the State of Emergency were unbanned, the power to reimpose the bans remained in force.
The Internal Security Act (1982) incorporates most previously enacted 'security' legislation including much of the earlier Internal Security Act (first called the Suppression of Communism Act). Section 4 of the Act allows the Minister of Law and Order, without reference to anyone, to declare unlawful any organisation he believes to be a threat to the state: between 1960 and 1985, 29 organisations were banned. He can also ban newspapers and other publications.
A State of Emergency can be declared under the Public Safety Act (1953). Since June 1986 emergency regulations have allowed commissioners of police to prohibit meetings of organisations. Under an emergency regulation imposed in February 1988 the Minister of Law and Order can prohibit an organisation from engaging in 'any activities or act whatsoever', other than administrative duties.
Under the Internal Security Act a person may be placed under a banning order. Orders generally prohibit political activity and attendance at meetings and restrict individuals to specific magisterial districts. Orders may be imposed for up to five years and are renewable.
The Minister may also compile lists of people who may not be quoted. The Act provides for the listing of people considered a threat to the state, officers of unlawful organisations, and those convicted of a number of offences including sedition and treason as well as convictions under the Act itself. Following De Klerk's speech 219 names were removed from the lists, but almost 300 people remain listed.
Emergency regulations permit the Minister of Law and Order to restrict the activities of individuals. While similar to banning orders, restriction orders must be reissued annually and last only for the duration of the State of Emergency. A regulation which applied only to emergency detainees, allowing their release to be made subject to restrictions, was repealed in February. However, the general regulation permitting restriction of individuals not only remained in force but was made harsher with respect to regular reporting at police stations.
