General Law Amendment Act, 1963

General Law Amendment Act, 1963
Act to amend the Magistrates' Courts Act, 1944, the Suppression of Communism Act, 1950, the Criminal Procedure Act, 1955, the Post Office Act, 1958, and the Unlawful Organizations Act, 1960, and to provide for the detention of certain persons for interrogation, for declaring certain places or areas to be protected places or areas, and for other incidental matters.
Citation Act No. 37 of 1963
Enacted by Parliament of South Africa
Date assented to 1 May 1963
Date commenced 2 May 1963
Date repealed 2 July 1982
Repealing legislation
Internal Security Act, 1982
Status: Repealed

The General Law Amendment Act, 1963 (commenced 2 May) allowed a South African police officer to detain without warrant a person suspected of a politically motivated crime for up to 90 days without access to a lawyer. When used in practice, suspects were re-detained for another 90 day period immediately after release.

The Amendment Act also introduced the "Sobukwe Clause" which allowed people already convicted of political offenses to be further detained (initially for twelve months). Named the Sobukwe Clause because it was used to keep PAC leader Robert Mangaliso Sobukwe (who was originally arrested in 1960 and sentenced to three years) in Robben Island for an additional six years.

This Act strengthened previous amendments by further defining political crimes under Apartheid. Section 5 of the Act made a capital crime out of "receiving training that could further the objects of communism or advocating abroad economic or social change in South Africa by violent means through the aid of a foreign government or institution where the accused is a resident or former resident of South Africa".

The legislation made provisions for imposing "sentences ranging from a minimum of five years imprisonment to death for anyone leaving the country to learn sabotage techniques, for advocating the forcible overthrow of the government or for urging the forcible inter-venti on in domestic South African affairs by an outside power, including the UN".

Further expansion of Act

The act was amended by the General Law Amendment Act No 80 of 1964 which allowed the Minister of Justice of Apartheid South Africa to extend the "Sobukwe Clause" as desired.

Repeal

The act was repealed by the Internal Security Act, 1982, which, however, gave the government similar powers of detention.

See also

References

External links

  • African History: Apartheid Legislation in South Africa


This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
 
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
 
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.