ACTTo consolidate the laws relating to riotous assemblies and the prohibition of the engendering of feelings of grievous enmity between various sections of the inhabitants of the territory of South West Africa and matters incidental thereto, and the laws relating to certain offences.(Afrikaans text signed by the Governor-General)BE IT ENACTED by the Queen’s Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows:-
16. Special precautions in the interest of public safety as regards explosives
(1)Whenever the State President deems it necessary to take special precautions to maintain public order or to protect life and property he may, by proclamation in the Gazette, prohibit for such period as he may think fit the transportation of explosives from anyone place to any other place in the Republic, except under such safeguards and conditions as are prescribed by regulation, and may make regulations, to be in force for such limited period as he may think fit, as to the transportation of explosives to and from particular areas, or as to the storage, removal, possession or use of explosives within any particular area by all persons or by persons of specified occupations or callings, and may limit or vary the conditions of any licences or permits held or to be issued under the Explosives Act, 1956 (Act No. 26 of 1956), or the regulations made thereunder.(2)Any person who contravenes or fails to comply with the provisions of any proclamation or regulation issued under sub-section (1) shall be guilty of an offence and liable on conviction to the penalties mentioned in section fifteen.
Amendment of the Criminal Law
17. Acts or conduct which constitute an incitement to public violence
A person shall be deemed to have committed the common law offence of incitement to public violence if, in any place whatever, he has acted or conducted himself in such a manner, or has spoken or published such words, that it might reasonably be expected that the natural and probable consequences of his act, conduct, speech or publication would, under the circumstances, be the commission of public violence by members of the public generally or by persons in whose presence the act or conduct took place or to whom the speech or publication was addressed.
18. Attempt, conspiracy and inducing another person to commit offence
(1)Any person who attempts to commit any offence against a statute or a statutory regulation shall be guilty of an offence and, if no punishment is expressly provided thereby for such an attempt, be liable on conviction to the punishment to which a person convicted of actually committing that offence would be liable.(2)Any person who -(a)conspires with any other person to aid or procure the commission of or to commit; or(b)incites, instigates, commands, or procures any other person to commit,any offence, whether at common law or against a statute or statutory regulation, shall be guilty of an offence and liable on conviction to the punishment to which a person convicted of actually committing that offence would be liable.
This Act and any amendment thereof shall apply also in the territory of South West Africa, including the Eastern Caprivi Zipfel.
20. Repeal of laws
(1)Subject to the provisions of sub-section (4), the laws specified in the Schedule are hereby repealed to the extent set out in the third column of the Schedule.(2)So much of the common law as renders illegal any gathering of persons in the open air without the consent of the authorities shall cease to be in operation in the territory.(3)In the event of any conflict between the provisions of any law, or bye-law or regulation made under a law, and the provisions of this Act, the provisions of this Act shall prevail, but, save as herein provided, the provisions of any such law, bye-law, or regulation shall be of the same force and effect as if this Act had not been passed.(4)Any proclamation, regulation, notice, order, prohibition, authority, permission, information or document issued, made, promulgated, given or granted and any other action taken under any provision of a law repealed by sub-section (1), shall be deemed to have been issued, made, promulgated, given, granted or taken under the corresponding provision of this Act.
21. Short title
This Act shall be called the Riotous Assemblies Act, 1956.
|No. and Year of Law.
||Extent of Repeal.
|Act No. 27 of 1914
||Riotous Assemblies and Criminal Law Amendment Act, 1914.
||So much as is unrepealed.
|Act No. 19 of 1930
||Riotous Assemblies (Amendment) Act, 1930.
|Act No. 15 of 1954
||Riotous Assemblies and Suppression of Communism Amendment Act, 1954.