text:
Internal Security Act, 1982/1991-07-31

as amended by

Internal Security Amendment Act, No. 55 of 1986

Proclamation No. R. 21 of 1990

Internal Security and Intimidation Amendment Act, No. 138 of 1991

E IT ENACTED by the State President and the House of Assembly of the Republic of South Africa, as follows:―

ARRANGEMENT OF SECTIONS

1. In this Act, unless the context otherwise indicates— [Definition of “authorized officer” deleted by s. 1 (a) of Act No. 138 of 1991.]

[Definition of “board of review” deleted by s. 1 (b) of Act No. 138 of 1991.]

“Commissioner” means the Commissioner of the South African Police;

[Definition of “communism” deleted by s. 1 (c) of Act No. 138 of 1991.]

“Director” means the person appointed in terms of section 2 (2) to the office of Director of Security Legislation;

“document” includes any book, pamphlet, record, list, placard, poster, drawing, photograph or picture, or a film as defined in section 47 (1) of the Publications Act, 1974 (Act No, 42 of 1974);

“gathering” means, for the purposes of—

sections 20 (ii), 46 (1) (b) and (3) (b) and 48 (1) (b), any gathering, concourse or procession of any number of persons; any other provision of this Act, a gathering, concourse or procession of any number of persons having a common purpose, whether such purpose is lawful or unlawful;

[Definition of “Inspector of Detainees” deleted by s. 1 (d) of Act No. 138 of 1991.]

“liquidator” means a person designated as such under section 13 (1) (b), and includes any person acting under his written authority;

“Minister” means the Minister of Justice, except in sections 29, 50, 71 and 72 (in the application of section 72 (c)), where it means the Minister of Law and Order;

[Definition of “Minister” substituted by s. 1 (e) of Act No. 138 of 1991.]

“office-bearer”, in relation to any organization, means ember of the governing or executive body of—

the organization; any branch, section or committee of the organization; or any local, regional or subsidiary body forming part of the organization;

“officer”, in relation to any organization, means any person working for the organization or for any branch, section or committee of the organization, or for any local, regional or subsidiary body forming part of the organization;

“organization” means any association of persons, incorporated or unincorporated, and whether or not it has been established or registered in accordance with any statute;

“periodical publication” means any publication appearing at intervals;

“place” means any place, whether or not it is a public place, and includes any premises. building, dwelling, flat, room, office, shop, structure, vessel, aircraft or vehicle, and any part of a place;

“police” means any body of men established or enrolled under any law and exercising or carrying out the powers, duties and functions of a police force, and includes any portion of the South African Defence Force when used for the prevention or suppression of terrorism or internal disorder;

“police officer” means any member of the Force as defined in section 1 of the Police Act, 1958 (Act No. 7 of 1958);

[Definition of “police officer” substituted by s. 1 (f) of Act No. 138 of 1991.]

“publication” means any newspaper, magazine, pamphlet, book, hand-bill or poster, and includes, for the purposes of section 56 (1) (b), any record or other object in or on which sound has been recorded for reproduction;

[Definition of “publication” amended by s. 1 (g) of Act No. 138 of 1991.]

[Definition of “public body” deleted by s. 1 (h) of Act No. 138 of 1991.]

[Definition of “public office” deleted by s. 1 (i) of Act No. 138 of 1991.]

“this Act” includes any regulation made under any provision thereof;

“unlawful organization” means an organization which, under section 4, is declared to be an unlawful organization, and includes any branch, section or committee of any such organization and any local, regional or subsidiary body forming part of any such organization;

[Definition of “unlawful organization” substituted by s. 1 (j) of Act No. 138 of 1991.]

“violence” includes the inflicting of bodily harm upon or killing of, or the endangering of the safety of, any person, or the damaging, destruction or endangering of property.

CHAPTER 1

2. (1) The Minister shall, subject to the provisions of subsection (2), appoint an officer, to be known as the Director of Security Legislation, who shall, subject to the control and directions of the Minister, perform the functions assigned to the Director by this Act as well as such other functions as the Minister may assign to him from time to time. [Sub-s. (1) amended by s. 2 (a) of Act No. 138 of 1991.]

(2) The Minister shall, subject to the laws governing the public service, appoint to the office of Director of Security Legislation a person holding a degree or diploma in law. [Sub-s. (2) substituted by s. 2 (b) of Act No. 138 of 1991.]

(3) The Minister may appoint, subject to the laws governing the public service, one or more Deputy Directors of Security Legislation or one or more Assistant Directors of Security Legislation or one or more such Deputy Directors and one or more such Assistant Directors, who shall respectively have the power to perform, subject to the control and directions of the Director, any of the functions of the Director. [Sub-s. (3) substituted by s. 2 (c) of Act No. 138 of 1991.]

(4) Whenever it becomes necessary to appoint an acting Director, the Minister may appoint a Deputy Director referred to in subsection (3) or, in the absence of such a Deputy Director, an Assistant Director referred to in that subsection to act as Director for the period for which such appointment is necessary.

[S. 3 repealed by s. 3 of Act No. 138 of 1991.]

CHAPTER 2

[Heading to Chapter 2 substituted by s. 4 of Act No. 138 of 1991.]

4. (1) If the Minister has reason to believe—

that any organization attempts or intends, in a violent manner or by the use of violence or by the instigation or promotion of violence, disturbance, rioting or disorder, to—

overthrow the State authority in the Republic;

achieve, bring about or promote any constitutional, political, industrial, social or economic aim or change in the Republic; or

induce the Government of the Republic to do or to abstain from doing any act or to adopt or to abandon a particular standpoint;

that any organization threatens with violence, or with the instigation or promotion of violence, disturbance, rioting or disorder, or with steps which include violence, disturbance, rioting or disorder, in order to achieve any of the objects referred to in paragraph (a) (i), (ii) or (iii); or

that any organization propagates or encourages violence, disturbance, rioting or disorder, or conduct which includes violence, disturbance, rioting or disorder, as a means to achieve any of the objects referred to in paragraph (a) (i), (ii) or (iii),

he may, without notice to the organization in question, by notice in the Gazette declare that organization to be an unlawful organization. [Sub-s. (1) substituted by s. 5 (a) of Act No. 138 of 1991.]

[Sub-s. (2) deleted by s. 5 (b) of Act No. 138 of 1991.]

(3) Any notice issued under subsection (1) may be withdrawn by the Minister by like notice. [Sub-s. (3) substituted by s. 5 (c) of Act No. 138 of 1991.]

[Sub-s. (4) deleted by s. 5 (d) of Act No. 138 of 1991.]

(5) A notice under subsection (1) shall not be invalid or ineffective by reason of the fact that the organization in question was dissolved before the coming into operation of the notice. [Sub-s. (5) substituted by s. 5 (e) of Act No. 138 of 1991.]

[S. 5–9 repealed by s. 6 of Act No. 138 of 1991.]

10. (1) Whenever an organization is in terms of the provisions of section 4 (1) declared by the Minister to be an unlawful organization, any person who proves to the satisfaction of the Minister that he was an office-bearer of the organization in question on the date immediately preceding the date on which it was so declared unlawful, may in writing request the Minister to furnish him with the reasons for the Minister’s action, and if such request is received by the Minister within a period of thirty days after the date of the publication in the Gazette of the notice dec1aring the organization in question to be an unlawful organization, the Minister shall furnish the office-bearer with a written statement setting forth his reasons for the notice and the information which induced the Minister to issue the notice.

(2) If, within the period specified in subsection (1), more than one request in terms of that subsection is received by the Minister, the Minister shall furnish only one of the office-bearers concerned with reasons and information in terms of the said subsection and notify the other office-bearers from whom requests are so received of the name and address of the office-bearer who hasso been or will so be furnished with reasons and information. [S. 10 substituted by s. 7 of Act No. 138 of 1991.]

[S. 11 repealed by s. 8 of Act No. 138 of 1991.]

12. (1) No proceedings shall after the expiration of a period of three months from the date of a notice issued by the Minister in terms of section 4 (1) be instituted in any court for an order declaring that notice invalid, and no court shall after the expiration of a period of twelve months from the date of any such notice have jurisdiction to pronounce upon the validity thereof: Provided that if the court concerned is satisfied that the fact that such proceedings have at the expiration of the said period of twelve months not yet been concluded, is not due to the fault of the party who instituted the proceedings, the court may extend that period by such further period as the court may deem fit.

(2) No court shall have jurisdiction to make an order whereby, pending the outcome of any proceedings referred to in subsection (1), the operation of any notice issued by the Minister in terms of section 4 (1) is suspended or in any other manner postponed. [S. 12 substituted by s. 9 of Act No. 138 of 1991.]

13. (1) As from the date upon which an organization becomes an unlawful organization by virtue of a notice under section 4 (1)—

no person shall—

become, continue to be or perform any act as an office-bearer, officer or member of the unlawful organization;

carry, be in possession of or display anything whatsoever indicating that he is or was at any time before or after the commencement of this Act an office-bearer, officer or member of or in any way associated with the unlawful organization;

contribute or solicit anything as a subscription or otherwise, to be used directly or indirectly for the benefit of the unlawful organization;

in any way take part in any activity of the unlawful organization, or carry on in the direct or indirect interest of the unlawful organization, any activity in which it was or could have engaged at the said date; or

advocate, advise, defend or encourage the achievement of any of the objects of the unlawful organization or objects similar to the objects of such organization, or perform any other act of whatever nature which is calculated to further the achievement of any such object;

all property (including all rights and documents) held by the unlawful organization or held by any person for the benefit of the unlawful organization, shall vest in a person designated by the Minister as the liquidator of the assets of the unlawful organization; and the unlawful organization shall, if it is registered in any office, cease to be registered, and the officer in charge of the register shall remove its name from the register.

[Sub-s. (1) amended by s. 10 (a) of Act No. 138 of 1991.]

(2) The designation of a liquidator in terms of subsection (1) (b) shall not be invalid or ineffective by reason of the fact that the unlawful organization in question was dissolved before the designation or before the date upon which it becomes an unlawful organization by virtue of a notice under section 4 (1), or by reason of the fact that it has no assets. [Sub-s. (2) amended by s. 10 (b) of Act No. 138 of 1991.]

(3) The liquidator shall be appointed on such conditions, and may be paid out of the assets of the unlawful organization such remuneration for his services, as the Minister may determine.

(4) Notwithstanding anything to the contrary contained in any instrument, rule or agreement governing the relations between the unlawful organization and its office-bearers, officers or members, any such office-bearer, officer or member may by resignation terminate his relationship with the unlawful organization as from the date of the resignation. [S. 13 amended by s. 10 (c) of Act No. 138 of 1991.]

14. (1) The liquidator shall forthwith take possession of all the property vested in him under section 13 (1) (b), and shall satisfy himself as to whether the assets are adequate to pay the debts of the unlawful organization.

(2) If the assets are adequate to pay the debts, the liquidator shall after the expiration of a period of not less than six months from the date upon which the organization became an unlawful organization take all steps (including the institution of legal proceedings) necessary to liquidate them and to pay out of the proceeds the debts which have been proved to his satisfaction. [Sub-s. (2) substituted by s. 11 (a) of Act No. 138 of 1991.]

(3) Any balance remaining after the debts have been paid shall be paid into the State Revenue Fund.

(4) If the assets are inadequate to pay thc debts of the unlawful organization, the liquidator shall liquidate and distribute the assets as if he were a trustee or a liquidator, as the case may be, administering and distributing the assets of an insolvent estate or company.

(5) For the purposes of such liquidation and distribution, the date upon which the organization became an unlawful organization by virtue of a notice under section 4 (1) shall be regarded as the date of sequestration or winding-up, as the case may be. [Sub-s. (5) ameded by s. 11 (b) of Act No. 138 of 1991.]

(6) Any matter relating to such liquidation and distribution upon which a creditor would have been entitled to vote if the estate of the unlawful organization had been sequestrated or wound up, shall be determined by a majority of votes reckoned according to the number and value of claims proved to the satisfaction of the liquidator.

(7) The account of a liquidator liquidating and distributing assets under subsection (4) shall be advertised by him and confirmed by the Master in like manner and with like effect as an account framed by a trustee or liquidator, as the case may be, in an insolvent estate is advertised and confirmed.

(8) Any property of the unlawful organization which is not liquidated under subsection (2) or (4) or which is found after the distribution of the assets or the payment of the debts of the unlawful organization in terms of this section, shall be disposed of in accordance with the direction of the Minister. [Sub-s. (8) amended by s. 11 (c) of Act No. 138 of 1991.]

(9) The Minister may at any time by notice in the Gazette and subject to such modifications as he may deem fit, apply in respect of a particular case such provisions of the Companies Act, 1973 (Act No. 61 of 1973), or the Insolvency Act, 1936 (Act No. 24 of 1936), as are not inconsistent with this Act, as may be necessary in such case for the proper performance by the liquidator of his functions in terms of this section, and may in like manner amend or withdraw any such notice. [Sub-s. (9) amended by s. 11 (c) of Act No. 138 of 1991.]

[Sub-s. (10) deleted by s. 11 (d) of Act No. 138 of 1991.]

(11) The liquidator shall have the power to receive and retain any communication addressed to the unlawful organization or to any person in his capacity as an office-bearer or officer thereof, and the Postmaster-General shall, if requested to do so by the liquidator, cause all postal articles so addressed, to be delivered to the liquidator.

(12) Without derogating from the generality of the provisions of subsection (9), the liquidator may, for the purposes of the performance of his functions in terms of subsection (1) or (4)—

without previous notice at any time enter upon any premises whatsoever and make such investigation and inquiry as he deems necessary;

require of any person the production then and there or at a time and place fixed by the liquidator, of any document which is on the premises;

at any time and at any place require of any person who has possession or custody or control of any document, the production thereof then and there or at a time and place fixed by the liquidator;

seize any document referred to in paragraph (b) or (c) which in his opinion may afford proof in regard to any right in or the whereabouts ofany property or the existence or amount of any debt;

examine such document and make extracts therefrom or copies thereof and ask any person whom he considers to have the necessary information, to give an explanation of any entry therein;

question either alone or in the presence of any other person, as he deems desirable, any person whom he finds on premises entered upon by him in terms of this section, or whom he on reasonable grounds suspects to be in possession of information required by the liquidator; and

direct any person referred to in paragraph (b), (c), (e) or (f) to appear before the liquidator at a time and place specified by him, and at such time and place question such person.

[Sub-s. (12) substituted by s. 11 (e) of Act No. 138 of 1991.]

(13) Every occupier of premises entered upon under subsection (12) shall at all times furnish such facilities as are required by the liquidator for the purpose of exercising his powers under the said subsection. [Sub-s. (13) added by s. 11 (f) of Act No. 138 of 1991.]

[S. 15–17 repealed by s. 12 of Act No. 138 of 1991.]

CHAPTER 3

[S. 18–28 repealed by s. 12 of Act No. 138 of 1991.]

29. (1) Notwithstanding anything to the contrary in any law or the common law contained, any commissioned officer as defined in section 1 of the Police Act, 1958 (Act No. 7 of 1958), of or above the rank of lieutenant-colonel may, if he has reason to believe that any person who happens to be at any place in the Republic—

has committed or intends or intended to commit an offence referred to in section 54 (1), (2) or (4), excluding, in the case of an offence referred to in section 54 (4), such an offence which the suspect committed or intends or intended to commit in connection with a person suspected of having intended to commit or having committed the offence of sabotage; or

is withholding from the South African Police any information relating to the commission of an offence referred to in paragraph (a) or relating to an intended commission of such offence or relating to any person who has committed or who intends to commit such offence,

without warrant arrest such person or cause him to be arrested and detain such person or cause him to be detained for interrogation in accordance with such directions as the Commissioner may, subject to the directions of the Minister, from time to time issue, for a period not exceeding 10 days and for such further period or periods not exceeding 10 days or not exceeding 10 days each, as the case may be, as a judge of a provincial or local division of the Supreme Court of South Africa may, on application in accordance with subsection (4), determine or from time to time determine.

(2) The commissioned officer referred to in subsection (1) shall as soon as possible after an arrest in terms of that subsection—

notify the Commissioner thereof, and the Commissioner shall as soon as possible after having been so notified advise the Minister of the name of the person so arrested and the place where he is being detained;

notify a relative of the person arrested, or, if no such relative is available, someone indicated by that person, of his arrest and of the place where he is being detained at that stage unless—

the person arrested informs the commissioned officer that he does not wish anybody so to be notified; or

the Commissioner has reason to believe that it will hamper any investigation by the police.

(3) (a) An application referred to in subsection (1) for the further detention of a person arrested and detained in terms of that subsection shall be made in writing to a judge in chambers by the Commissioner or a commissioned officer as defined in section 1 of the Police Act, 1958, of or above the rank of brigadier, at least 48 hours before the expiry of the period of 10 days referred to in subsection (1), or at least 48 hours before the expiry of any further period so referred to, as the case may be, and shall state—

the date and the grounds on which the person was arrested;

the reason why further detention of the person is considered necessary; and

the place where and the directions subject to which the person is being detained.

(b) Before the application is heard, the Commissioner or the commissioned officer concerned shall notify the detainee concerned and, if he so requests, his legal representative, of the application and furnish the detainee with a copy of the written application referred to in paragraph (a).

(c) Any person in respect of whom an application has been made in terms of paragraph (a) may, pending the result of such application, be detained as if the application had been granted.

(d) A judge to whom such an application is made—

may consider the application, whether the person concerned is being detained within the area of jurisdiction of the relevant division of the Supreme Court or elsewhere;

shall afford that person or his legal representative an opportunity of submitting reasons in writing why the detainee should not be further detained, and shall, if such reasons are submitted, afford the Commissioner or the commissioned officer concerned an opportunity of replying thereto in writing;

may ask the Commissioner or the commissioned officer for such further information in writing as the judge may deem necessary;

shall in considering the application have regard only to the particulars and information furnished by the Commissioner or the commissioned officer, the reasons advanced by the detainee as to why he should not be further detained and the reply of the Commissioner or the commissioned officer to such reasons: Provided that the judge may—

afford the Commissioner or the commissioned officer concerned or a person designated by the Commissioner or officer an opportunity to be heard in order to elucidate such particulars or information;

afford the detainee or his legal representative an opportunity to be heard in order to elucidate such reasons,

and the decision of the judge on the application shall be final.

(e) If such an application is refused the detainee concerned shall be released immediately.

(4) Any person detained in terms of this section may at any time make representations in writing to the Minister relating to his detention or release.

(5) The Minister may at any time order the release of any person detained in terms of the provisions of this section.

(6) …

(7) No person other than the Minister or a person acting by virtue of his office in the service of the State—

shall have access to any person detained in terms of the provisions of this section, except with the consent of and subject to such conditions as may be determined by the Minister or the Commissioner: Provided that the Minister or the Commissioner shall refuse such permission only if he has reason to believe that access to the detainee will hamper any investigation by the police: Provided further that this paragraph shall not apply in respect of a legal representative of a person so detained who, after he has been notified as contemplated in subsection (3) (b), assists that person in the preparation of a submission referred to in subsection (3) (d) (ii) in accordance with such conditions as may be determined by the Minister; or

shall, subject to the provisions of subsection (3) (b), be entitled to inspect any document relating to an application in terms of subsection (3), or to any official information relating to or any information obtained from such person.

(8) The provisions of section 335 of the Criminal Procedure Act, 1977 (Act No. 51 of 1907), shall not apply in respect of any statement by any person detained in terms of the provisions of this section, made during such detention: Provided that if in the course of any subsequent criminal proceedings relating to the matter in connection with which the said person made that statement, any part of such statement is put to him by the prosecutor, any person in possession of the statement shall at the request of such first-mentioned person furnish him with a copy of the said statement.

(9) Any person arrested in terms of the provisions of subsection (1) shall as soon as possible be examined by a district surgeon and shall be not less than once every five days—

visited in private by a magistrate;

visited in private by a district surgeon.

and such a magistrate or district surgeon shall in respect of each such visit, without delay compile a report and submit it to the Minister, and the Minister may, if he has reason to believe that it will not hamper any investigation by the police, furnish, at the request of the detainee, copies of such reports to a person indicated by the detainee.

(10) Any person detained in terms of this section shall be entitled, if he so requests, to be visited, at his own expense, by his private medical practitioner in the presence of a district surgeon, unless the Minister or the Commissioner has reason to believe that such a visit will hamper any investigation by the police.

[S. 29 substituted by s. 13 of Act No. 138 of 1991.]

31. (1) Whenever in the opinion of the attorney-general there is any danger that any person likely to give material evidence for the State in any criminal proceedings in connection with facts which may serve as a basis for a charge relating to an offence referred to in Schedule 3, may be tampered with or intimidated or that any such person may abscond, or whenever he deems it to be in the interests of such person or of the administration of justice, he may issue a warrant for the arrest and detention of such person.

(2) Notwithstanding the provisions of any other law, any person arrested by virtue of a warrant under subsection (1) shall, as soon as possible, be taken to the place specified in the warrant and detained there or at any other place determined by the attorney-general from time to time, in accordance with regulations made by the Minister. [Sub-s. (2) amended by s. 14 of Act No. 138 of 1991.]

(3) Any person arrested and detained under a warrant referred to in subsection (1) shall be detained for the period terminating on the day on which the criminal proceedings in question are concluded, unless—

the attorney-general orders that he be released earlier; or

no charge-sheet in respect of an accused in the criminal proceedings in question has been lodged or no indictment has been served on such accused, as the case may be, in terms of the provisions of section 76 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), within a period of six months as from the date upon which the said person was so arrested, in which case the said person shall be released after the expiration of the said period of six months.

(4) No person, other than a person acting by virtue of his office in the service of the State. shall have access to any person detained under subsection (1), except with the consent of and subject to such conditions as may be determined by the attorney-general or an officer in the service of the State delegated thereto by him.

(5) Any person detained under subsection (1) shall not less than once a fortnight be visited—

in private by a magistrate; in private by a district surgeon.

(6) For the purposes of section 191 of the Criminal Procedure Act, 1977, any person detained under subsection (1) shall be deemed to have attended the criminal proceedings in question as a witness for the State during the whole of the period of his detention.

(7) No court shall have jurisdiction to order the release from custody of any person detained under subsection (1) or to pronounce upon the validity of any regulation made under subsection (2) or the refusal of the consent required in terms of subsection (4) or upon any condition referred to in subsection (4).

[S. 33–34 repealed by s. 15 of Act No. 138 of 1991.]

[Chapter 4 repealed by s. 16 of Act No. 138 of 1991.]

CHAPTER 5

46. (1) Whenever a magistrate has reason to apprehend that the public peace would be seriously endangered—

by any gathering in his district; or

by a particular gathering or any gathering of a particular nature, class or kind at a particular place or in a particular area or wheresoever in his district,

he may—

prohibit for a period not exceeding forty-eight hours every gathering in his district or that particular gathering or any gathering of a particular nature, class or kind at a particular place or in a particular area or everywhere in his district, except in such cases as he may expressly authorize in the prohibition in question or at any time thereafter; or direct that that particular gathering or any other gathering with the same purpose shall be held only in accordance with such conditions as he may determine in the direction in question, including, in the case of any gathering which takes the form of a procession, and without derogating from the generality of the preceding provisions of this paragraph, conditions—

prescribing the route to be taken by the procession concerned;

prohibiting the procession or any person forming part thereof from entering any place specified in the direction;

requiring the persons forming the procession to travel in vehicles,

as the case may be.

(2) A magistrate who—

imposes a prohibition under subsection (1) (i) shall do so—

by notice in the Gazette; or

by notice in a newspaper circulating where the prohibition is to apply; or

by causing it to be made known by means of radio; or

by causing notices to be distributed amongst the public and to be affixed in public or prominent places where the prohibition is to apply; or

by causing it to be announced orally where the prohibition is to apply;

issues a direction under subsection (1) (ii) shall do so by a written notice signed by him and addressed and delivered or tendered to the person desiring to convene or organize the gathering in question, and shall in addition publish that direction in a manner provided in paragraph (a): Provided that if the identity or whereabouts of the person desiring to convene or organize the gathering in question is unknown, or if in view of the urgency of the case it is not feasible to deliver or tender the said written notice to him, publication of the direction in a manner determined in paragraph (a) shall be sufficient.

(3) The Minister may, if he deems it necessary or expedient in the interest of the security of the State or for the maintenance of the public peace or in order to prevent the causing, encouraging or fomenting of feelings of hostility between different population groups or parts of population groups of the Republic, prohibit in a manner determined in subsection (2) (a)—

any gathering in any area; or

any particular gathering or any gathering of a particular nature, class or kind at a particular place or in a particular area or wheresoever in the Republic,

during any period or on any day or during specified times or periods within any period, except in those cases determined in the prohibition in question by the Minister or which the Minister or a magistrate acting in pursuance of the Minister’s general or special instructions may at any time expressly authorize.

(4) Any notice issued by the Minister under subsection (3) may at any time be withdrawn or amended by him by like notice. [Sub-s. (4) added by s. 17 of Act No. 138 of 1991.]

 [S. 50A inserted by s. 1 of Act No. 66 of 1986 and repealed by s. 18 of Act No. 138 of 1991.]

53. (1) Whenever the holding or organizing of any procession without the permission, approval or leave of an institution or a body referred to in section 84 (1) (f) of the Provincial Government Act, 1961 (Act No. 32 of 1961), is prohibited in terms of a provision of any law, it shall for the purposes of such provision be deemed that, notwithstanding the granting of such permission, approval or leave for holding or organizing a procession, such permission, approval or leave has not been granted unless the magistrate of the district in which the procession is to be held or organized has also granted his permission, approval or leave for the holding or organizing of such procession. [Sub-s. (1) amended by s. 19 of Act No. 138 of 1991.]

(2) A magistrate shall refuse to grant his permission, approval or leave referred to in subsection (1), only if he has reason to believe that the holding or organizing of the procession may endanger the maintenance of law and order.

(3) The Minister may from time to time by notice in the Gazette suspend the operation of subsections (1) and (2) in areas specified in the notice, or in areas other than areas so specified, and may by like notice withdraw or amend any such notice.

CHAPTER 6

54. (1) Any person who with intent to—

overthrow or endanger the State authority in the Republic;

achieve, bring about or promote any constitutional, political, industrial, social or economic aim or change in the Republic;

induce the Government of the Republic to do or to abstain from doing any act or to adopt or to abandon a particular standpoint; or

put in fear or demoralize the general public, a particular population group or the inhabitants of a particular area in the Republic, or to induce the said public or such population group or inhabitants to do or to abstain from doing any act,

in the Republic or elsewhere—

commits an act of violence or threatens or attempts to do so;

performs any act which is aimed at causing, bringing about, promoting or contributing towards such act or threat of violence, or attempts, consents or takes any steps to perform such act;

conspires with any other person to commit, bring about or perform any act or threat referred to in paragraph (i) or act referred to in paragraph (ii), or to aid in the commission, bringing about or performance thereof; or

incites, instigates, commands, aids, advises, encourages or procures any other person to commit, bring about or perform such act or threat,

shall be guilty of the offence of terrorism and liable on conviction to the penalties provided for by law for the offence of treason.

(2) Any person who with intent to achieve any of the objects specified in paragraphs (a) to (d), inclusive, of subsection (1)—

causes or promotes general dislocation or disorder at any place in the Republic, or attempts to do so;

cripples, prejudices or interrupts at any place in the Republic any industry or undertaking, or industries or undertakings generally, or the production, supply or distribution of commodities or foodstuffs, or attempts to do so;

interrupts, impedes or endangers at any place in the Republic the manufacture, storage, generation, distribution, rendering or supply of fuel, petroleum products, energy, light, power or water, or of sanitary, medical, health, educational, police, fire-fighting, ambulance, postal or telecommunication services or radio or television transmitting, broadcasting or receiving services or any other public service, or attempts to do so;

endangers, damages, destroys, renders useless or unserviceable or puts out of action at any place in the Republic any installation for the rendering or supply of any service referred to in paragraph (c), any prohibited place or any public building, or attempts to do so;

prevents or hampers, or deters any person from assisting in, the maintenance of law and order at any place in the Republic, or attempts to do so;

impedes or endangers at any place in the Republic the free movement of any traffic on land, at sea or in the air, or attempts to do so;

causes, encourages or foments feelings of hostility between different population groups or parts of population groups of the Republic, or attempts to do so;

destroys, pollutes or contaminates any water supply which is intended for public use in the Republic, or attempts to do so;

in the Republic or elsewhere performs any act or attempts, consents or takes any steps to perform any act which results in or could have resulted in or promotes or could have promoted the commission of any of the acts or the bringing about of any of the results contemplated in paragraphs (a) to (h), inclusive;

conspires with any other person to commit, bring about or perform any of the acts or results contemplated in paragraphs (a) to (h), inclusive, or any act contemplated in paragraph (i), or to aid in the commission, bringing about or performance thereof; or

incites, instigates, commands, aids, advises, encourages or procures any other person to commit, bring about or perform such act or result,

shall be guilty of the offence of subversion and liable on conviction—

to imprisonment for a period not exceeding twenty years; or

if the act with which the accused had been charged and by virtue of which he was convicted resulted in the commission of violence and the court is of the opinion that in performing the said act the accused should have foreseen the commission of such violence as a reasonable possibility, to imprisonment for a period not exceeding twenty-five years.

(3) Any person who with intent to—

endanger the safety, health or interests of the public at any place in the Republic;

destroy, pollute or contaminate any water supply in the Republic which is intended for public use;

interrupt, impede or endanger at any place in the Republic the manufacture, storage, generation, distribution, rendering or supply of fuel, petroleum products, energy, light, power or water, or of sanitary, medical, health, educational, police, fire-fighting, ambulance, postal or telecommunication services or radio or television transmitting, broadcasting or receiving services or any other public service;

endanger, damage, destroy, render useless or unserviceable or put out of action at any place in the Republic any installation for the rendering or supply of any service referred to in paragraph (c), any prohibited place or any public building;

cripple, prejudice or interrupt at any place in the Republic any industry or undertaking or industries or undertakings generally or the production, supply or distribution of commodities or foodstuffs; or

impede or endanger at any place in the Republic the free movement of any traffic on land, at sea or in the air,

in the Republic or elsewhere—

commits any act;

attempts to commit such act;

conspires with any other person to commit such act or to bring about the commission thereof or to aid in the commission or the bringing about of the commission thereof; or

incites, instigates, commands. aids, advises, encourages or procures any other person to commit such act,

shall be guilty of the offence of sabotage and liable on conviction to imprisonment for a period not exceeding twenty years.

(4) Any person who has reason to suspect that any other person intends to commit or has committed any offence referred to in subsection (1), (2) or (3) and any person who is aware of the presence at any place of any other person who is so suspected of intending to commit or having committed such an offence, and who—

harbours or conceals that other person;

directly or indirectly renders any assistance to that other person; or

fails to report or cause to be reported to any member of the police such presence of that other person at any place,

as the case may be, shall be guilty of an offence and liable on conviction to the penalty to which the person whom he so harboured or concealed or to whom he so rendered assistance or whose presence he so failed to report or to cause to be reported would have been liable on conviction of the offence which the last-mentioned person intended to commit or committed, as the case may be.

(5) No person shall be convicted of an offence in terms of subsection (1), (2) or (3) committed at any place outside the Republic, if such person proves that he is not a South African citizen and has not at any time before or after the commencement of this Act been resident in the Republic and that he has not at any time after 27 June 1962 entered or been in the Republic in contravention of any law.

(6) If the evidence in any prosecution for an offence in terms of—

subsection (1) does not prove that offence but does prove an offence in terms of subsection (2), (3) or (4);

subsection (2) does not prove that offence but does prove an offence in terms of subsection (3) or (4),

the accused may be found guilty of the offence so proved.

(7) For the purposes of subsection (1) (ii), and without derogating from the generality of the meaning of the word “act”, the undergoing of specific training or the possession of any substance or thing shall be deemed also to constitute the performance of an act.

(8) For the purposes of this section— “Government of the Republic” includes a provincial administration or any institution or body contemplated in section 84 (1) (f) of the Provincial Government Act, 1961 (Act No. 32 of 1961);

“prohibited place” means a prohibited place as defined in section 1 (1) of the Protection of Information Act, 1982 (Act No. 84 of 1982);

“public building” means any building which or part of which is occupied by the State, any institution or body contemplated in section 84 (1) (f) of the Provincial Government Act, 1961, or any other body which has been instituted by or under any law and to which local or other governmental functions have been assigned. [Sub-s. (8) amended by s. 20 of Act No. 138 of 1991.]

[S. 55 repealed by s. 21 of Act No. 138 of 1991.]

56. (1) Any person who—

contravenes any provision of section 13 (1) (a);

without the consent of the Minister, is in possession of any publication published or disseminated by or under the direction or guidance or on behalf of an unlawful organization;

knowingly permits any premises or any other property whatsoever, situated in the Republic, to be used for the purposes of or in connection with any offence in terms of section 57 (1) or paragraph (a) or (b) of this subsection;

refuses or fails to answer to the best of his knowledge any question which a liquidator has put to him in the exercise of his powers in terms of this Act;

refuses or fails to comply to the best of his ability with any requirement or direction of a liquidator in terms of this Act;

hinders a liquidator of an unlawful organization in the performance of his functions in terms of this Act or, without the consent of the liquidator, destroys, alters or removes any property or document held by that organization or held by any person for the benefit of that organization; or

contravenes the provisions of section 14 (13),

shall, subject to the provisions of subsections (2), be guilty of an offence and liable on conviction—

in the case of an offence referred to in paragraph (a), to imprisonment for a period not exceeding ten years;

in the case of an offence referred to in paragraph (b) or (c), to imprisonment for a period not exceeding three years;

in the case of an offence referred to in paragraph (d), (e), (f) or (g), to a fine not exceeding R4 000 or to imprisonment for a period not exceeding one year. or to both such fine and such imprisonment.

(2) No person shall be convicted of an offence referred to in subsection (1) (b) if he satisfies the court that as soon as practicable after having become aware of being in possession of a publication referred to in that subsection, he took reasonable steps to report the fact of his being so in possession of such publication to a police officer, or to deliver the publication in question to a police officer. [S. 56 substituted by s. 22 of Act No. 138 of 1991.]

63. (1) The court convicting any person of an offence referred to in section 56 (1) (c) may declare the property in respect of which the offence was committed, or the rights of the convicted person to such property. forfeit to the State: Provided that such a declaration of forfeiture shall not affect any rights which any person other than the convicted person may have to such property, if it is proved that the said other person did not know that the property was being or would be used in contravention of the said section. [Sub-s. (1) amended by s. 23 of Act No. 138 of 1991.]

(2) Section 35 (4) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), shall mutatis mutandis apply in respect of such a forfeiture.

CHAPTER 7

64. No trial in respect of an offence referred to in section 54 shall be commenced without the written authority of the attorney-general. [S. 64 substituted by s. 24 of Act No. 138 of 1991.]

68. (1) Notwithstanding anything to the contrary in any law or the common law contained—

any offence under this Act shall, for the purposes of determining the jurisdiction of a court to try the offence, be deemed to have been committed at the place where it actually was committed and also at any place where the accused happens to be, and any attorney-general in the Republic shall have jurisdiction in respect of such offence committed outside the area of jurisdiction of that attorney-general, as if it had been committed within such area of jurisdiction;

the trial of any person accused of having committed any offence in terms of section 54 may, subject to the provisions of this section, be held at any time and at any place within the area of jurisdiction of the court concerned.

(2) If the Minister so directs, the trial of any person for an offence in terms of section 54 shall take place at such place in the Republic as the Minister may determine. [Sub-s. (2) substituted by s. 25 (a) of Act No. 138 of 1991.]

(3) Whenever the trial for an offence in terms of section 54 committed outside the Republic takes place in the Republic, whether or not on the instructions of the Minister, the laws relating to procedure and evidence of the Republic shall apply in respect of such trial. [Sub-s. (3) amended by s. 25 (b) of Act No. 138 of 1991.]

(4) A magistrate’s court which is not the court for a regional division shall, notwithstanding anything to the contrary in any law contained, have jurisdiction to impose any sentence or make any order provided for in sections 58, 59 and 60: Provided that no such magistrate’s court shall have jurisdiction to impose a sentence of a fine exceeding three thousand rand or imprisonment for a period exceeding three years.

69. (1) If in any prosecution in terms of this Act in which it is alleged that any person is or was a member of any organization, it is proved that he attended any meeting of that organization, or has advocated, advised, defended or encouraged the promotion of any of its purposes, or has distributed or assisted in the distribution of or caused to be distributed any periodical or other publication or document issued by, on behalf of or at the instance of that organization, he shall be presumed, until the contrary is proved, to be or to have been a member of that organization. [Sub-s. (1) substituted by s. 26 (a) of Act No. 138 of 1991.]

[Sub-s. (2) and (3) deleted by s. 26 (b) of Act No. 138 of 1991.]

(4) In any prosecution for an offence in terms of this Act, any document, book, record, pamphlet or other publication or written instrument—

which has been found in or removed from the possession, custody or control of the accused or of any person who was at any time an office-bearer or officer or a member of an organization of which the accused is alleged to be or to have been an office-bearer or officer or a member;

which has been found in or removed from any office or other premises occupied or used at any time by any organization of which the accused is alleged to be or to have been an office-bearer or officer or a member, or by any person in his capacity as an office-bearer or officer of such organization; or

which on the face thereof has been compiled, kept, maintained, used, issued or published by or on behalf of any organization of which the accused is alleged to be or to have been an office-bearer or officer or a member, or by or on behalf of any person having a name corresponding substantially to that of the accused,

and any reproduction of such document, book, record, pamphlet, other publication or written instrument, shall be admissible in evidence against the accused as prima facie proof of the contents thereof. [Sub-s. (4) substituted by s. 26 (c) of Act No. 138 of 1991.]

(5) If in any prosecution for an offence in terms of section 54 (1) or (2) it is proved that the accused has committed any act alleged in the charge, and if such act resulted or was likely to have resulted in the achievement of any of the objects specified in section 54 (1) (a) to (d), inclusive, it shall be presumed, unless the contrary is proved, that the accused has committed that act with intent to achieve such object.

(6) (a) If in any prosecution for an offence in terms of section 54 (1) the act with which the accused is charged, consists thereof, and it is proved, that he unlawfully had in his possession any automatic or semi-automatic rifle, machine gun, sub-machine gun, machine pistol, rocket launcher, recoilless gun or mortar, or any ammunition for or component part of such weaponry, or any grenade, mine, bomb or explosive, it shall be presumed, unless the contrary is proved, that the accused had the said weaponry, ammunition, component part, grenade, mine, bomb or explosive in his possession with intent to commit therewith or in connection therewith in the Republic, in order to achieve any of the objects specified in section 54 (1) (a) to (d), inclusive, any of the acts contemplated in section 54 (1) (i) to (iv), inclusive.

(b) If in any prosecution for an offence in terms of section 54 (1) the act with which the accused is charged consists thereof, and it is proved, that he unlawfully had in his possession any firearm or ammunition other than any firearm or ammunition referred to in paragraph (a), or so unlawfully had in his possession more than one such other firearm, and if in the opinion of the court the nature of that other firearm or firearms or of that ammunition or the circumstances in which the accused so had such other firearm, firearms or ammunition in his possession or the quantity thereof which the accused so had in his possession can justify the inference that the accused so had possession thereof with intent to commit therewith or in connection therewith in the Republic any of the acts contemplated in section 54 (1) (i) to (iv), inclusive, it shall be presumed, unless the contrary is proved, that the accused had the said other firearm, firearms or ammunition in his possession with intent to commit therewith or in connection therewith in the Republic, in order to achieve any of the objects specified in section 54 (1) (a) to (d), inclusive, any of the acts contemplated in section 54 (1) (i) to (iv), inclusive.

(7) (a) If it is relevant for the purposes of any prosecution for an offence in terms of section 54 (1) or (2), the court shall take notice of the fact that the objects of an unlawful organization specified in Schedule 4 include the achievement, by means of violence or threats of violence, of the object specified in section 54 (1) (a).

(b) The State President may from time to time by proclamation in the Gazette remove from or add to Schedule 4 the name of any unlawful organization specified in the proclamation.

(8) If in any prosecution against any person in which it is alleged that the offence charged was committed by way of protest against any law, or in support of any campaign against any law, or in support of any campaign for the repeal or modification of any law or for the variation or limitation of the application or administration of any law, it is proved that the offence was committed in the company of two or more other persons who have been or are being charged with having committed similar offences at the place where the offence which forms the subject of the prosecution was committed, and at the same time or approximately the same time as such offence was committed, it shall be presumed, unless the contrary is proved, that the offence was committed as alleged. [Sub-s. (9) deleted by s. 26 (d) of Act No. 138 of 1991.]

CHAPTER 8

[S. 70 repealed by s. 27 of Act No. 138 of 1991.]

72. Whenever—

any action has been taken under section 4 (1);

any gathering has been prohibited under the provisions of section 46 (1) (i) or (3) or a direction in connection with the holding of any gathering has been issued under the provisions of section 46 (1) (ii); or

a police officer has under the provisions of section 48 (1) ordered the persons attending a gathering to disperse,

the Minister shall report the circumstances to Parliament within fourteen days after the date of the action, prohibition or direction in question if Parliament is then in session or, if Parliament is not then in session, within fourteen days after the commencement of its next ensuing ordinary session. [S. 72 substituted by s. 28 of Act No. 138 of 1991.]

[Schedule 2 repealed by s. 29 of Act No. 138 of 1991.]

Sedition.

Contravention of the provisions of section 13 (1) (a) (iv) of this Act.

Any offence referred to in section 54 of this Act. [Item amended by s. 30 of Act No. 138 of 1991.]

Any conspiracy, incitement or attempt to commit any of the above-mentioned offences.

Treason.

title: Internal Security Act, 1982/1991-07-31


text:
Germany's High Seas Fleet in the World War/Chapter 15

Chapter 15 - Activity of the Fleet During the U-Boat Campaign
BESIDES the direct support of the U-boats which operated from home bases, the Fleet supplied almost the whole personnel required to commission the new boats. It was particularly important for the U-boats to have technical men who were well trained in seamanship. The commanders had to be officers who had sufficient experience to navigate and handle the boats without assistance in the most difficult circumstances. That meant a big demand for officers of the watch, because they, by age and seniority, were best fitted for such service. The Fleet had to train men to take their places, so younger officers were promoted to be officers of the watch, and the training of midshipmen was accelerated. The substitutes for the latter were taken direct on board and received their training as naval cadets with the Fleet. This entailed a very extensive shifting of all ranks which was bound to have a deleterious effect upon the efficiency of the ships.

The project of a raid with the Fleet to the Hoofden in Maroh, 1917, to attack the convoy traffic between England and Holland, never materialised. The weather had been uninterruptedly bad up till March 11. By that time the clear nights were over, which were a necessary preliminary condition for the enterprise. The weather prospects grew worse, so that we could not rely on scouting from the air. A cruiser raid by night had also to be given up, because it was reported from Heligoland that the wind (E.S.E., force 7 - 9) threatened to become worse.

The second leading ship of the torpedo-boat fleet was sent with Flotillas VII and IX to the Baltic for training in mine-sweeping, as the mine-sweeping divisions did not suffice for the work of escorting the U-boats as well as that of clearing the routes of mines. I considered, too, that Fleet manoeuvres were necessary, so that the new commanders might become familiar with handling their ships in co-operation with the rest of the Fleet. I could leave the defence of the North Sea for the time being to the cruisers, as it seemed improbable that the enemy would make an attack on the Bight. Meanwhile, the battleship Baden had been made ready as Fleet-Flagship, and the Commander-in-Chief of the Fleet had embarked in her. Flotillas III and IV could be spared from the North Sea, while the Fleet was at manoeuvres in the Baltic, and were sent to Flanders, where they could be put to better use, by carrying on the war in the Channel from Zeebrugge.

The number of mines laid in the North Sea by the enemy grew steadily greater. Almost daily we suffered losses among the mine-sweeping craft, while among the ships used to escort the U-boats in their passage through the mine-fields there had been so many losses that in March the Fleet had only four such vessels at its disposal. The Secretary of State for the Imperial Navy was asked to raise the number to twelve again, so that they might suffice for the needs of the Fleet by working in four groups of three.

While the battleships were at squadron practice in the Bight of Heligoland on March 5, the Kronprinz and the Grosser Kurfürst collided and suffered damage which in the case of both ships took several weeks to repair; before these were complete any considerable enterprise for the Fleet was not to be thought of.

While the Fleet was practising in the Baltic, on March 21, the cruiser Moewe reported her return in the Kattegat, and entered Kiel on the 22nd. During her cruise of four months she had sunk or captured twenty-seven ships, amounting to 123,444 tons gross registered tonnage. One of the prizes, the Yarrowdale, had been brought into Swinemunde on December 31, 1916, and had conveyed news of the success of the Moewe, from whom we had heard nothing since she left at the end of November, 1916. The safe return of the successful ship was greeted with great joy.

On March 29 the outpost boat Bismarck, leading ship of the special group commanded by Lieutenant Schlieder, ran on a mine and sank; only three of the crew could be saved. Their smart commander also lost his life. He had won great credit by driving submarines out of the Bight.

To illustrate the demands that the U-boat campaign made upon the Fleet, I quote below from the log of the High Sea Fleet, beginning with May 9, 1917:

"May 9, 1917. - Wind and weather in the German Bight, E. to N.N.E., force 3 - 4; weather fine and clear. Seaplane scouting in the Inner German Bight without result. Mine-sweeping according to plan. Scouting Division IV protects the operations in the west. During mine-sweeping operations of the Ems outpost flotilla, the Mettelkamp strikes a mine north of Borkum and sinks.

"U-BOAT CAMPAIGN

"Returned from long-distance trips: 'U 82,' 'U-B 22,' 'U-B 21,' and 'U 93.' 'U 93' proceeded to sea on April 13, and up to April 30 sank 27,400 tons. On April 30 had a struggle with a U-boat trap (iron-masted schooner), in the course of which the commander, Lieutenant-Commander Vohr von Spiegel, the helmsman, and one petty officer were hurled overboard, and three men were badly wounded. The boat, badly damaged, unable to dive properly, and deprived of its wireless, is brought into List by Lieutenant Ziegler. 'U 46' is escorted to the north. 'U 58' reports position among mines accomplished; two steamers sunk, three damaged, in 1 degree longitude west; a great deal of convoy traffic.

"May 10. - Scouting by our seapTanes without result. No airship observation. Mine-sweeping according to plan. Scouting Division IV protects mine-sweeping operations in the west. H.M.S. Hindenburg commissioned.

"U-BOAT CAMPAIGN

" 'U-C 76' while shipping mines in Heligoland harbour badly damaged by mine explosion and sunk. Among the missing is the commander, Lieutenant-Commander Barten. Salvage-boat Oberelbe goes from the Ems to Heligoland to give assistance. 'U-C 77' back from long-distance expedition; 'U 46' has passed the danger zone; 'U 30' proceeded to the North via Terschelling.

"May 11. - Wind E., force 4 - 5. Seaplane scouting; nothing suspicious. No airship observation owing to easterly wind. Mine-sweeping according to plan. The half-flotilla occupied in sweeping mines from the route to the west, in following up a barrier of mines, has got north of its prescribed route. New mines are observed; and the leading boat of the 5th Half-Flotilla of mine-sweepers strikes a mine and sinks. Four men are missing. Among them the commander of the Half-Flotilla, Lieutenant-Commander Beste. As it has now been ascertained that the English have barred the approach from Horns Reef from N.W. by mines, the officer in command has received orders to lay mines which will bar the approach from north-east and from the west, so as to deprive the English of this meeting-point, which we can do without. A further barrier of mines north of Tyl Lightship is to bar the way to mining operations against Nordmannstief. At night a group of barrier-breakers goes along the U-boat route down the Dutch coast to the west, and another group to the north.

" U-BOAT CAMPAIGN

"'U 30' passed danger zone; 'U 58' back from long-distance trip; 'U 93' enters Wilhelmshaven towed by 'V 163.'

"May 12. - Wind E., force 6. Seaplane observation without result. Observation by airships impossible owing to weather conditions. Mine-sweeping only carried out to small extent owing to heavy sea. Scouting Division IV takes over protection of operations in the west. In the course of the morning, the two barrier-breaking groups return from night voyage. No incidents. A boat of the North Sea outpost flotilla reports an enemy submarine; set the torpedo-boat half-flotillas at my disposal to search; submarine 'kite' exploded; result doubtful.

"May 13. - Wind N.W., force 2. Mine-sweeping according to plan. Scouting Division IV on patrol in the west. At night the officer commanding the division, with the auxiliary minelayer Senta, lays the barrier of mines at Horns Reef and north of the Tyl Lightship according to orders.

" U-BOAT CAMPAIGN

"'U33' leaves for long-distance trip in the west, and 'U-C41' for the Bell Rock.

"May 14. - Wind E. to N.N.E., force 3. For protective scouting 'L 22' goes up to the west; 'L 23' to the north. Mine-sweeping according to plan. Scouting Division II goes for protection of operations in the west to the Osterems. Thunderstorm, 6 p.m. The Staff of the Fleet embarks in H.M.S. Baden. High Sea Fleet warships clear. Scouting Division II., with two torpedo-boat leaders, assemble in the course of the evening in Schillig Roads, for the intended manoeuvres in the Bight on May 15. No communication from 'L 22' since report that she had risen. Thunderstorms in the west. It is possible that she has taken in her wireless mast and can send no message. In the late afternoon thick fog over the whole Bight, consequently not possible to have search made by seaplanes or surface craft. Seaplane No. 859 noted an explosion and a cloud of smoke at 9.50 a.m.

"7.40 p.m. - The leader of the airships reports that according to telephonic information from Borkum this observation is very probably connected with the loss of 'L 22.' A telegram arriving at night from the Admiralty confirms this statement. The probability is that on account of the thunderstorm 'L 22'- had to remain below the level where the gas would completely fill the cells, and was shot down by British warships.

" U-BOAT CAMPAIGN

"11.40 P.M. - Orion, one of the 3rd Mine-Sweeping Flotilla, reports that 'U 59,' which was being convoyed out to sea, and the mine-sweeper Fulda, have struck a mine and sunk. Outpost boats of the List Division, the mine-sweepers of the flotilla, and the 17th Torpedo-Boat Half-Flotilla are sent out to meet the Orion. The boats receive orders at the same time to pick up 'U-C51' and 'U-C42,' which are west of Horns Reef on their return journey. 'U-C 44' and 'U-C 50' put out to sea to the west on a long-distance trip. 'U-C 51,' on return journey, reports position. Operations among mines completed; about 4,000 tons sunk; travels 5 knots only (nature of her damage not made out owing to defective wireless).

"May 15.- Wind N.N.W., force 2-3. 'L 16' and 'L 37' go up for aerial observation. Thick fog forces them to return. Slight visibility at times only. The tactical manoeuvres in the Bight are therefore postponed to the 16th; the First Leader of the Torpedo-Boats reports that some of the 1st Torpedo-Boat Flotilla, with auxiliary engines, have broken down, and that the rest are not fit for use outside the Bight. Consequently the 1st Torpedo-Boat Flotilla is instantly dispatched to Kiel for repairs. The officer in command had sent 'U 59' to take note of the place of the accident; the List Division of the North Sea Outpost Flotilla, a pump steamer, and a tug, to assist the Orion; and a torpedo half-flotilla to control the U-boat route out to sea. The reports of the boats sent to assist do not give a definite idea of the degree of danger to be apprehended from enemy mines in the north. While trying to get into communication with 'U 59' by tapping, the outpost boat Heinrich Rathjen strikes a mine and sinks; missing, one petty officer and three men. Officer in command receives orders for the time being to stop the work of breaking through the belt of mines in the west, and to clear or test the U-boat route out to sea in the north, with all craft at his disposal. In view of the interruption of the work of breaking through in the west, any considerable enterprise of the Fleet must be postponed. I therefore decide, in order to make use of the time immediately after the evolutions, to send Squadron III, and, on the return of Torpedo-Boat Flotilla II, Torpedo-Boat Flotilla V to the Baltic for manoeuvres. Both are badly in need of training.

" U-BOAT CAMPAIGN

"'U-C 42' and 'U-C51' return from long-distance trips. 'U-C41,' which put to sea on May 11 for the west coast, had to break off expedition owing to engine trouble.

"May 16. - Wind N.E. to N.N.W., force 3 - 6. Seaplane observation without result. Airship observation impossible owing to fresh north-east wind. Tactical manoeuvres by the High Sea Fleet in the Bight of Heligoland. On completion, sent Squadron III to the Baltic. In the absence of Squadron III, Squadrons I and IV to take outpost duty in turn. H.M.S. Kaiser sent to Kiel harbour for repairs. The officer in command of the Scouting Divisions to discover the cause that led to the loss of 'U 59' has ordered mine-sweeping flotilla to test and clear Squares 132, 117, 133, 116. One torpedo-boat half-flotilla is to sweep Squares 134 - 84. The auxiliary mine-sweeper flotilla is to mark the spot of 'U 59's' accident and try to get into communication with 'U 59' by tapping. In the course of these operations, 'M 14' strikes a mine, and in the attempt to save 'M 14,' Torpedo-boat No. 78 does likewise. Both boats sink. The attempts to get into communication with 'U 59' must consequently be abandoned.

" U-BOAT CAMPAIGN

"In the night, 'S 27' of the Ems Outpost Flotilla strikes a mine and sinks while convoying 'U 86' on a long-distance trip to the west. 'U 86' thereupon returns with the rest of the convoy to Borkum Roads. Wireless reports received: 'U 62' left on April 21, position; in April 10,000 tons sunk; in May, 13,000; on April 30 captured commander of U-boat trap 'Q 12.' 'U-C 55' left April 28 for west coast, position. 'U 40' left May 5. Mine-sweeping operations completed, two explosions heard, nothing sunk. 'U 21' left April 19, position; 13,500 tons sunk 'U-C 49' left May 2, position; mines laid, 3,365 tons sunk.

"May 17. - Wind E. to E.N.E., force 3 - 6. No airship observation. Seaplane scouting without result. Reports hitherto received about the mines laid by the enemy south of Horns Reef do not yet give a clear idea of the condition of affairs. It seems as if new enemy mines were lying south of the Senta barrier, direction east to west. Consequently, all efforts must be made to clear up the situation and keep this important waterway clear. It is once again apparent how short we are of mine-seekers and sweepers. We shall therefore once again approach the Admiralty and demand that the 'M-boats' (new mine-sweepers) that have been allocated to the Commander-in-Chief of the Baltic, should be handed over to the High Sea Fleet. As a substitute, we will offer boats of the North Sea Outpost Flotilla or trawlers of the Auxiliary Mine-sweeping Flotilla. To make the position of the lightship at List more reliable and easier from the point of view of navigation, a buoy will be placed to mark the position which will be occupied at night by an outpost boat. Further, to help the U-boats on their outward voyage, a number of outpost boats are to cruise continually west of the position of the lightship. During the night two groups of barrier-breakers go out, one to the north and one from the Ems to the west.

" U-BOAT CAMPAIGN

"'U-C 49' and 'U-C 41' back from long-distance trip; 'U 86' leaves under convoy for Flamborough Head; via Bruges comes a wireless report that 'U-C 75' has sunk 3,500 tons and the English warship Lavender. Torpedo-Boat Half-Flotilla XVII puts to sea to meet the damaged 'U-C 40' and to bring her home through the subsidiary waterway of Nordmannstief."

And so it went on from day to day. Owing to the pressure of the demands made upon them during the war, the organisation of the mine-sweepers was developed in the following manner:

At the beginning of the war three mine-sweeping divisions existed and were stationed at Cuxhaven. Of these, Divisions I and III took up their activities in the North Sea and Division II in the Baltic. Each division consisted of a leading boat, eight sweepers and two - increased to four later - buoy-boats. (The buoy-boats marked the channels swept by the mine-sweepers for the groups of larger ships that followed.) The boats were without exception small, old torpedo-boats, of the class 'V 30' and '80.' Their speed was 17 - 18 knots with a draught of 2.7 m., their armament one 5 cm. gun. In command of the flotillas were Commanders Bobsien and Wolfsoin; later the North Sea Auxiliary Mine-sweeper Flotilla under Commander Walter Krah was added. It consisted of trawlers and small torpedo-boats.

At the end of 1915 and the beginning of 1916 the small old torpedo-boats were gradually replaced by the "A"-boats and "U"-boats which had been built during the war. The "A"-boats had a speed of 23 - 25 knots, a draught of 1.9 to 2 m., a displacement of 210 to 345 tons and an armament of two 8.8 cm. guns. The "M"-boats had a speed of 16 knots, draught 2 to 2.2 m., displacement 450 to 520 tons, armament three 8.8 cm. or two 10.5 cm. guns.

On September 1, 1916, the Mine-sweeper Divisions I and III were divided into the 1st and 2nd, and 5th and 6th Half-Flotillas respectively. On October 6, 1916, what had hitherto been Mine-sweeper Division II was divided into the 3rd and 4th Mine-sweeper Half-Flotillas. These Half-Flotillas were still grouped under their original Flotillas.

In May, 1917, Mine-sweeper Flotillas I and III were both augmented by a third half-flotilla, consisting of "M"-boats.

In June, 1917, Mine-sweeper Division II with the parent ship Ammon and ten motor-boats left the Baltic and joined the North Sea warships. These motor-boats ("F"-boats) have a speed of 11 knots, draught 1 m., length 17.5 m., displacement 19 tons, and an armament of one machine gun. Later on, in January, 1918, the Mine-sweeper Divisions III and IV formed the 3rd Mine-sweeper Flotilla. Mine-sweeper Flotilla II was also augmented by a third Half-Flotilla - No. 9. The Auxiliary Mine-sweeper Flotilla of the North Sea was denominated from the beginning of 1918 onwards Mine-sweeper Flotilla IV, and the trawlers of which it originally consisted were for the most part replaced by new mine-boats. All the mine-seekers and mine-sweeper groups were then placed under the command of one officer, and Captain Nerger, well known as the commander of the auxiliary cruiser Wolf, was appointed to this post after his return from his cruise. Further formations were: Mine-sweeper Division II, consisting of the parent ship Ammon and twelve boats, and the Mine-sweeper Flotilla VI, one leading boat and two half-flotillas, consisting of an "M"-boat as parent ship, six boats, eleven "U-Z"-boats (small, fast motor-boats) and three large motor-boats. The " F-M "-boats (shallow draught "M"-boats) had a speed of 14 knots, draught 1.3 m., displacement 170 tons, length 40 cm., and an armament of one 8.8 cm. gun. The "U-Z"-boats when towing their apparatus had a speed of 18 knots, draught 1.5 m., displacement 20 tons, length 26 - 30 m., and an armament of one 5 cm. quick-firing gun.

At the time the Armistice was concluded the following boats were available for the mine-sweeping service in the North Sea:

17 torpedo-boats, 27 "U"-boats, 71 "M"-boats, 4 "F-M"-boats, 23 trawlers, 58 motor-boats, and 22 "U-Z"-boats, 4 parent ships and a repair ship, whereas at the beginning of the war there were only 33 small, old torpedo-boats available.

At the beginning of the war we had three forms of mines, with a charge of from 70 to 150 kilos, capable of use at a depth of from 90 to 115 m. The newest of these existing types of mines could ultimately be used at depths of 345 m. During the war the following types of mine were added: 1. A defence mine against submarines, with a charge of 20 kilos and effective to a depth of 95 m.; 2. A mine in the form of a torpedo that could be shot out of a U-boat travelling under water, with a charge of 95 kilos, effective to a depth of 200 m.; 3. A mine to be laid by U-C-boats with a charge of 120 to 200 kilos, effective to a depth of 365 m. The U-C-boats could carry 12 to 18 mines; 4. A mine for the first big minelayers which, however, was not made after the construction of the U-C-boats.

Mine-sweeping tackle was improved to such an extent that the area swept increased from 45 to 300 m.; the depth to 30 m.; and the speed of sweeping, when the new boats were used, to 15 knots.

As a defence against mines - in the first place for the mine-sweepers, and later destined for all classes of ships - special apparatus was invented. This was attached to the bows and was intended to cut the mine-cables before the boat struck the mine. It was found of great use.

For defence against submarines a depth charge was made which could be thrown from a boat on to submerged submarines. The charge weighed about 50 kilos; it was detonated under water by an adjustable time fuse.

In addition to this there was a submarine "kite" with an explosive charge of 12 kilos. It was towed by boats on a cable which served at the same time to indicate the direction of the current. It was electrically exploded as soon as the "kite," while being towed, struck a submarine.

To keep off submarines nets of various kinds were made, which were moored to buoys to bar the submarine's path, and lighter nets, provided with gas buoys, which indicated the path of the boat and the spot where it had broken through if a submarine ran against the net.

The convoy service for U-boats demanded large numbers of light craft; about 100 torpedo-boats and smaller steamboats were used for this purpose. They were divided into two convoy flotillas:

1. Commanded by Commander Faulborn, consisted of three half-flotillas, each comprising two groups of five torpedo-boats. 2. Commanded by Lieutenant-Commander Hoppensledt, consisted of six half-flotillas, each of ten to twelve steamboats.

The mine-sweepers and convoying craft deserve great credit for making it possible for the U-boats to carry out their campaign. They suffered many losses which would otherwise have been inflicted on the U-boats. That, however, did not prevent them from performing their dangerous service year in and year out with the greatest trustworthiness in spite of the inclemency of the weather. The officers and men of this service surpassed all others in the Navy in their intrepidity and skill as seamen.

The most successful part of the activities of the Fleet fell to the lot of the U-boats; the battleships, together with the cruisers and torpedo-boats, and especially the mine-sweepers, assisted in overcoming the enemy's defence. Their efforts were primarily directed against the belt of mines which England had laid in the North Sea to prevent our boats from getting out. The accompanying plan shows how the Bight was made to bristle with mines.

It was impossible, in view of its great extent, to clear the whole area. We barely had sufficient ships to ascertain where mines were laid. Our efforts were confined to getting two or more paths through the mines, and keeping them clear; one to the west, following the coast, one in the middle between Terschelling and Horns Reef, one to the north along the Danish coast. This last had the advantage of making it easier for the U-boats to find their way home on their return, as they could feel their way to the coast of Jutland while they were still outside the area sown with English mines, and seek the route that had been cleared, which led along the coast into the Bight. The route off the Dutch coast was the shortest for those boats which chose the Channel passage to get to their station west of the British Isles. It certainly was the shortest route, but also the most dangerous, because of the strong defence in the Channel, and the various obstacles there in the shape of nets and mines. These cleared paths had to be so wide that the boats could find them even in bad weather, when they were unable to determine their position with accuracy; and also they had to be wide enough to allow freedom of movement to the auxiliary boats which accompanied the mine-sweepers; for the mine-sweeping operations were in all probability observed by the English submarines, and if the cruisers in the auxiliary groups had only been able to move slowly up and down in the narrow area they would have presented an easy and welcome target. Consequently we tried to keep a large basin free of mines, situated to the rear of about the middle of the belt, so that it lay in a central position for all the routes. Even this did not guarantee absolute safety, so the boats were always accompanied by an escort capable of clearing away any mines which might after all be encountered.

In July, 1917, the English had extended the area which they had announced to be mined, to the north up to the latitude of Hanstholm (north-west coast of Jutland), in the west as far as four degrees longitude east, in the south to 53 degrees latitude north. By this means the path which had to be kept clear by the boats of the High Sea Fleet was lengthened at the narrowest point by 20 to 25 sea miles.

Up to the end of June, 1917, despite months and months of work, the mine-sweepers at our disposal had not succeeded in breaking through the old danger zone. The demands which, in consequence, were made upon the U-boat convoys - which had to take the U-boats through the mined area into free water - naturally impeded the actual mine-sweeping. In case of need, recourse might be had to the torpedo-boat flotillas, but, after all, they represented material as valuable as that which they were to protect; and in particular the new boats had too much draught to pass through the mine-sown areas except at great risk. (The lighter the draught the less the danger for the mine-sweepers, in the construction of which this point was particularly considered). The new boats constructed in the last months hardly made good the losses, and the number fixed by the commanders of the Fleet as the minimum required had not been attained. These clear routes were not needed for the U-boats alone, but also for communication between Rotterdam and the Elbe and Ems respectively. In the middle of July, 15 to 20 steamers lay at Rotterdam waiting for the word that they might safely cross. It was the Fleet's duty to guarantee that the waterway along the coast was free and to convoy the ships with outpost craft to safety.

In spite of all the difficulties we managed to prevent anything from stopping the U-boats from going out. There were altogether very few days when for safety's sake we had to avoid the direct route into the North Sea and take the roundabout way through the North Baltic Canal and the Kattegat. The small loss of time was of no importance compared with the increased safety; that was thereby gained. As the boats could replenish their fuel supply in Kiel, they were able to stay in their field of operation for comparatively a long time. But it was not unknown to the English that our boats used this way to get out, especially later when the U-cruiser flotilla had been formed at Kiel; these boats mostly took the route through the Kattegat for their outward and return voyages. That forced 1 the Fleet to extend its mine-sweeping to the Kattegat, and to take counter measures when the English mines were laid from Skagen across to the Swedish coast.

It is obvious on what a large scale English mine-laying was carried on, when it is considered that they set about mining the whole of the North Sea between the Shetland Islands and Norway. As we learnt afterwards it was chiefly American mines that were to be used and American craft to do the work. If they had really succeeded in sowing mines sufficiently thickly in that area the Fleet would have found it an exceedingly difficult task to clear the necessary gaps there. However, the great depth of the water in this part of the North Sea made it possible for U-boats to avoid the barrier by travelling at a sufficient depth below the surface. So far as we could ascertain, we suffered no losses in U-boats from these mines.

The boats, when going out, and before their return, reported their position, so that the commanders of the Fleet and the officers in command of the U-boats knew for certain that the first difficulties had been overcome, and that the boat was making for her actual field of operation; or, as the case might be, was on the homeward voyage after accomplishing her work. Thus it was possible to establish with great accuracy in what period of time boats that were missing must have met with misfortune.

The Fleet considered it its most important task to place all its strength at the disposal of the U-boats on their outgoings and incomings, so as to protect them from the dangers of this part of their voyage. Plenty more awaited them which they would have to cope with alone, once they were in their particular sphere of activity. This was essentially the point of view of the mine-sweepers; they suffered ever greater losses, yet did all that was possible to take upon themselves the main dangers that threatened the U-boats.

In August, 1918, H.M. the Emperor announced his intention to visit the Fleet. Shortly before his visit there had been signs of insubordination among the crews of some of the ships of Squadron IV. ('Prinzregent Luitpold' and 'Friedrich der Grosse'); this bore the character of mutiny, but thanks to suitable measures taken by the officers it was nipped in the bud before it had assumed considerable dimensions or had injured the efficiency of the ships. Inquiry into the matter, however, revealed that behind these comparatively unimportant outbreaks there lay a movement which must be taken very seriously, and which had as its aim the forcible paralyzing of the Fleet as soon as the political wire-pullers deemed the moment ripe. The judicial inquiry established the fact that there was a connection between the members of the Independent Social Democratic Party and the leaders of the movement in the Fleet. Their first aim was to get a sufficient number of the crews to allow their names to be put on lists which were to prove at the forthcoming. Congress at Stockholm that the crews at the front had grown weary of fighting and were ready to join in the political movement. This movement aimed at bringing the war to an end in all countries by overthrowing the existing forms of government. Very cleverly had the leaders sown discontent on certain ships; they had made the most of supposed abuses, especially in the rationing, and had not even shrunk from influencing their comrades by threats of forcible measures. The whole network of the plot was laid bare and those who had stirred up the trouble were punished. In certain cases the court-martial pronounced sentence of death, which was carried out so far as the most guilty parties were concerned. Most of those implicated had not realised the consequences of joining the organisation; to many it had not even been explained. Compared with the total numbers of the crews, those who had joined the movement were very few.

The great danger which lay in this unrest, stirred up in the Fleet by conscienceless agitators, could not be overlooked. Conditions on the big ships in particular unfortunately provided fruitful soil for such activities, as the crews were all the time in close communication with their homes and could, therefore, not be kept immune from the prevailing depression. These men performed the same service on the big ships all the year round, and they lacked the refreshing stimulus of meeting the enemy in battle. On the other hand, they had a daily supply of newspapers and pamphlets which teemed with war weariness and the condemnation of our war leaders. Thus it was unhappily possible to influence their views and make them forgetful of their duty.

The Secretary of State for the Navy arrived in Wilhelmshaven on August 17, the day before the Emperor embarked. I made earnest representations to him that it was the duty of the Government to protect the Fleet from this Socialistic organisation, as otherwise the efforts of the officers to shield the men from these disastrous influences would be of no avail. Admiral von Capelle was very doubtful whether it was possible, with the sentiments then prevailing in the Reichstag, to call the leaders of a party to account for their political agitation which, so far as it was subversive of order, was carried on with the greatest circumspection. But he quite admitted the gravity of the situation and promised to see that the necessary protective measures were taken by the Imperial Government. He spoke to His Majesty to that effect the next day, after I had reported these incidents in the Fleet to him. Unfortunately at the discussions in the Reichstag, which followed shortly afterwards, it appeared that the Government was not sufficiently firm to take radical measures and secure the consent of the majority of the people's representatives to them.

The Fleet had to depend entirely on its own efforts to shield the crews from the devastating influences which were brought to bear upon them. The best distraction certainly was active warfare. The crews had never refused to obey the call of this necessity; courage and the joy of battle still prevailed in their old, original form. They were so deeply rooted in the character of the German people that they could not cease at the first onslaught from without.

The influence of enemy propaganda was turned to account by the Independent Social Democratic Party to achieve its own ends. It could be counteracted to some extent but not entirely removed, and its disastrous effects were apparent later. There is a widespread view that the crews had justifiable grounds for complaint in the differentiation in treatment between the officers and men; this is totally unfounded. Service on board makes at least the same demands on the officers, and indeed much greater demands, than on the majority of the members of the crew. On watch and on every other form of service, the proportionate number of officers is employed with every group of men, and they have no alleviations as compared with the crew; on the contrary, they are much more exposed to the inclemency of the weather, and far greater demands are made upon their vigilance when at sea. Even in the unpleasant process of coaling, all the officers cooperate, and there is no difference then between them and the men in respect of their "get-up" and their unavoidable condition of dirt. This practice, introduced in time of peace to attain the greatest possible efficiency in coaling, was of necessity continued during the war, when the unpleasant work of filling the coal bunkers had to be undertaken much oftener.

His Majesty embarked in the flagship Baden, and took his first trip to sea during the war. On this occasion, he visited the Island of Heligoland to inspect the fortifications and harbour works there. He landed again at Cuxhaven, where he spoke to the crews of the mine-sweeper flotillas, and was able to confer decorations upon some of the leaders and crews who had had a brush with enemy destroyers a few days before, in which they so successfully warded off the attack that we did not have to record the loss of a single boat.

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