Public Safety Act, 1953

Public Safety Act, 1953
Act to make provision for the safety of the public and the maintenance of public order in cases of emergency and for matters incidental thereto.
Citation Act No. 3 of 1953
Enacted by Parliament of South Africa
Date of Royal Assent 24 February 1953
Date commenced 4 March 1953
Date repealed 6 October 1995
Administered by Minister of Justice
Repealing legislation
State of Emergency Act, 1995
Status: Repealed

In 1953, the Public Safety Act was enacted by the South African Apartheid government (Commencement date 4 March). This Act empowered the government to declare stringent states of emergency and increased penalties for protesting against or supporting the repeal of a law.

This act was passed in response to the ANC‘s civil disobedience campaigns in particular the Defiance Campaign of 1952 (instigated by Nelson Mandela, Walter Sisulu and other prominent members of the ANC).

The Act included a provision that empowered the government to declare a state of emergency in any or every part of the country (South West Africa included) and to rule by proclamation. According to Section 3, "The Governor-General (later, State-President) may make such regulations as appear to him to be necessary or expedient for providing for the safety of the public, or the maintenance of public order and for making adequate provision for terminating such emergency or for dealing with any circumstances which in his opinion have arisen or are likely to arise as a result of such emergency".

Moreover, any law issued during a state of emergency could be made retrospective for four days to cover any emergency action taken by the police. The emergency regulations could suspend any act of Parliament, with a few exceptions. If the justice minister or administrator of South West Africa deemed it necessary, they could declare a state of emergency but the governor general had to approve their action within ten days.

Under a state of emergency the Minister of Law and Order, the Commissioner of the South African Police (SAP), a magistrate or a commissioned officer could detain any person for reasons of public safety. It further provided for the detention without trial for any dissent.

Repeal

The Act was repealed by the State of Emergency Act No 86 of 1995.

See also

References

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