Defence Act, 1957 (Act No. 44 of 1957)

Chapter VIII : Registration and Selection of Persons for Allotment to Citizen Force, Commandos, South African Police or South African Railways Police Force

72H. Participation in political activities
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(1)Any person who in terms of this Act has been classified as a conscientious objector or who in terms of this Act or the conditions of a suspended sentence or of parole is liable to perform community service as contemplated in this Act, shall not, while he is obliged to perform such community service, participate in any political activities other than those which have been prescribed: Provided that this section shall not preclude such an objector from voting at an election in terms of the Electoral Act, 1979 (Act No. 45 of 1979), or at a referendum in terms of the Referendums Act, 1982 (Act No. 97 of 1982).

[Subsection (1) amended by section 21(a) of Act No. 132 of 1992]

 

(2)        Any person who—

(a)contravenes subsection (1);
(b)fails to take reasonable steps to prevent the publication during the period of his community service as contemplated in this Act, of a document drawn up by him before the commencement of his period of such community service the drawing up or publication of which during that period would have constituted a contravention of subsection (1);

[Paragraph (b) substituted by section 21(b) of Act No. 132 of 1992]

(c)publishes in the period during which any person is in terms of this Act or the conditions of a suspended sentence or of parole liable to render community service as contemplated in this Act, any document drawn up by the person so liable, if the drawing up or publication of that document by the person so liable would have constituted a contravention of subsection (1),

[Paragraph (c) substituted by section 21(b) of Act No. 132 of 1992]

shall be guilty of an offence and liable on conviction to a fine not exceeding R1 000 or imprisonment for a period not exceeding 12 months or both such fine and such imprisonment: Provided that a person shall be deemed to have taken reasonable steps to prevent the publication or further publication of a document in terms of paragraph (b) if he has by means of a writing, sent by registered post, informed any person or body who to his knowledge was or probably was in possession or would probably come into possession of such a document, that the document may not be published during the rendering by him of community service.

 

(3)In any prosecution for a contravention of—
(a)subsection (2), any document purporting to have been drawn up by a person whose name corresponds with that of the accused, shall upon its production to the court be presumed in the absence of proof to the contrary to have been drawn up by the accused;
(b)subsection (2)(a), if it is alleged that the accused committed the offence by the publication of any document and it is proved or, by reason of the operation of paragraph (a) of this subsection, is presumed that the accused is the author thereof, it shall be presumed in the absence of proof to the contrary that the accused published the document during the period of his community service as contemplated in this Act;

[Paragraph (b) substituted by section 21(c) of Act No. 132 of 1992]

(c)subsection (2) (c), upon proof that the accused published a document of which a person classified in terms of section 72D as a conscientious objector is the author, or by reason of the operation of paragraph (a) of this subsection is presumed to be the author, it shall in the absence of proof to the contrary be presumed that the accused knew when he published the document that it was a document the publication of which is prohibited in terms of this section.

[Paragraph (c) substituted by section 21(c) of Act No. 132 of 1992]

 

(4)In the application of this section 'document' includes any book, pamphlet, letter, circular, list, register, placard or poster and any part thereof.

 

[Section 72H inserted by section 9 of Act No. 34 of 1983]