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Suppression of Communism Act, 1950

The Suppression of Communism Act, 1950 (Act No. 44 of 1950), renamed the Internal Security Act in 1976, was legislation of the national government in apartheid South Africa which formally banned the Communist Party of South Africa and proscribed any party or group subscribing to communism, according to a uniquely broad definition of the term. It was also used as the basis to place individuals under banning orders, and its practical effect was to isolate and silence voices of dissent.

Suppression of Communism Act, 1950
Parliament of South Africa
  • Act to declare the Communist Party of South Africa to be an unlawful organization; to make provision for declaring other organizations promoting communistic activities to be unlawful and for prohibiting certain periodical or other publications; to prohibit certain communistic activities; and to make provision for other incidental matters.
CitationAct No. 44 of 1950
Territorial extentSouth Africa, South West Africa
Enacted byParliament of South Africa
Assented to26 June 1950
Commenced17 July 1950
Repealed2 July 1982
Administered byMinister of Justice
Repealed by
Internal Security Act, 1982
Keywords
Anti-communism, political repression, exile, censorship
Status: Repealed
More than 20,000 black, Indian and coloured South Africans gather in Durban on 28 May 1950 to protest the Group Area and Suppression of Communism bills.

Description

The Act, which came into effect on 17 July 1950,[1] defined communism as any scheme aimed at achieving change—whether economic, social, political, or industrial—"by the promotion of disturbance or disorder" or any act encouraging "feelings of hostility between the European and the non-European races [...] calculated to further [disorder]". The Minister of Justice could deem any person to be a communist if he found that person's aims to be aligned with these aims, and could issue an order severely restricting the freedoms of anyone deemed to be a communist. After a nominal two-week appeal period, the person's status as a communist became an unreviewable matter of fact, and subjected the person to being barred from public participation, restricted in movement, or imprisoned.[2][3]

The government justified passage of the Act by noting the involvement of members of the South African Communist Party in the internal resistance to apartheid.[4]

Effect

The Act was worded in such a way that anyone who opposed government policy could be deemed a communist. Since the Act explicitly declared that communism sought to encourage racial disharmony, it was frequently used to legally gag critics of racial segregation and apartheid. The Act defined communism so sweepingly that defendants were frequently convicted of "statutory communism". Justice Frans Rumpff, presiding in the 1952 trial of African National Congress (ANC) leaders, observed that such an offence might have "nothing to do with communism as it is commonly known."[5]

The Act facilitated the government suppression of organisations such as the ANC and others which advocated for equal rights for blacks, coloureds and Indians.[4] The Act forced these groups to go underground with their activism. Because of this Act, groups such as uMkhonto we Sizwe, led by Nelson Mandela as a branch of the ANC, did seek financial support from the Communist Party.

Superseded 1982

Most of the Act was replaced in 1982 by the Internal Security Act, 1982.[6]

References

  1. ^ General South African History Timelines South African History Online
  2. ^ Separate and Unequal South Africa: A Country Study, Library of Congress.
  3. ^ . Time. 28 July 1952. Archived from the original on 25 November 2010. Retrieved 24 December 2008.
  4. ^ a b Byrnes, Rita M. (1996). "Legislative Implementation of Apartheid". South Africa: A Country Study. Washington: GPO for the Library of Congress.
  5. ^ . Time. 15 December 1952. Archived from the original on 13 February 2009. Retrieved 24 December 2008.
  6. ^ "The legal veneer". South African History Online. 31 July 2013. Retrieved 17 March 2019. ...from the book A Crime Against Humanity - Analysing the Repression of the Apartheid State edited by Max Coleman, (Cape Town)

Further reading

  • Benson, Mary. Nelson Mandela: The Man and the Movement, 2nd Edition. W. W. Norton & Company. ISBN 978-0-393-31281-2
  • Byrnes, Rita M. (ed.). South Africa a Country Study (Area Handbook Series). Claitor's Law Books and Publishing Division. ISBN 978-1-57980-355-1

External links

  •   The full text of Suppression of Communism Act, 1950 at Wikisource
  • Suppression of Communism Act, 1950 (PDF)
  • South African Communist Party timeline 1870–1996

suppression, communism, 1950, 1950, renamed, internal, security, 1976, legislation, national, government, apartheid, south, africa, which, formally, banned, communist, party, south, africa, proscribed, party, group, subscribing, communism, according, uniquely,. The Suppression of Communism Act 1950 Act No 44 of 1950 renamed the Internal Security Act in 1976 was legislation of the national government in apartheid South Africa which formally banned the Communist Party of South Africa and proscribed any party or group subscribing to communism according to a uniquely broad definition of the term It was also used as the basis to place individuals under banning orders and its practical effect was to isolate and silence voices of dissent Suppression of Communism Act 1950Parliament of South AfricaLong title Act to declare the Communist Party of South Africa to be an unlawful organization to make provision for declaring other organizations promoting communistic activities to be unlawful and for prohibiting certain periodical or other publications to prohibit certain communistic activities and to make provision for other incidental matters CitationAct No 44 of 1950Territorial extentSouth Africa South West AfricaEnacted byParliament of South AfricaAssented to26 June 1950Commenced17 July 1950Repealed2 July 1982Administered byMinister of JusticeRepealed byInternal Security Act 1982KeywordsAnti communism political repression exile censorshipStatus Repealed More than 20 000 black Indian and coloured South Africans gather in Durban on 28 May 1950 to protest the Group Area and Suppression of Communism bills Contents 1 Description 2 Effect 3 Superseded 1982 4 References 5 Further reading 6 External linksDescription EditThe Act which came into effect on 17 July 1950 1 defined communism as any scheme aimed at achieving change whether economic social political or industrial by the promotion of disturbance or disorder or any act encouraging feelings of hostility between the European and the non European races calculated to further disorder The Minister of Justice could deem any person to be a communist if he found that person s aims to be aligned with these aims and could issue an order severely restricting the freedoms of anyone deemed to be a communist After a nominal two week appeal period the person s status as a communist became an unreviewable matter of fact and subjected the person to being barred from public participation restricted in movement or imprisoned 2 3 The government justified passage of the Act by noting the involvement of members of the South African Communist Party in the internal resistance to apartheid 4 Effect EditThe Act was worded in such a way that anyone who opposed government policy could be deemed a communist Since the Act explicitly declared that communism sought to encourage racial disharmony it was frequently used to legally gag critics of racial segregation and apartheid The Act defined communism so sweepingly that defendants were frequently convicted of statutory communism Justice Frans Rumpff presiding in the 1952 trial of African National Congress ANC leaders observed that such an offence might have nothing to do with communism as it is commonly known 5 The Act facilitated the government suppression of organisations such as the ANC and others which advocated for equal rights for blacks coloureds and Indians 4 The Act forced these groups to go underground with their activism Because of this Act groups such as uMkhonto we Sizwe led by Nelson Mandela as a branch of the ANC did seek financial support from the Communist Party Superseded 1982 EditMost of the Act was replaced in 1982 by the Internal Security Act 1982 6 References Edit General South African History Timelines South African History Online Separate and Unequal South Africa A Country Study Library of Congress Justice Takes Its Course Time 28 July 1952 Archived from the original on 25 November 2010 Retrieved 24 December 2008 a b Byrnes Rita M 1996 Legislative Implementation of Apartheid South Africa A Country Study Washington GPO for the Library of Congress Death the Leveler Time 15 December 1952 Archived from the original on 13 February 2009 Retrieved 24 December 2008 The legal veneer South African History Online 31 July 2013 Retrieved 17 March 2019 from the book A Crime Against Humanity Analysing the Repression of the Apartheid State edited by Max Coleman Cape Town Further reading EditBenson Mary Nelson Mandela The Man and the Movement 2nd Edition W W Norton amp Company ISBN 978 0 393 31281 2 Byrnes Rita M ed South Africa a Country Study Area Handbook Series Claitor s Law Books and Publishing Division ISBN 978 1 57980 355 1External links Edit The full text of Suppression of Communism Act 1950 at Wikisource Suppression of Communism Act 1950 PDF Statement Condemning the First Banning Orders Under the Suppression of Communism Act 22 May 1952 South African Communist Party timeline 1870 1996 Retrieved from https en wikipedia org w index php title Suppression of Communism Act 1950 amp oldid 1131062255, wikipedia, wiki, book, books, library,

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