Protection of Information Act, 1982
Act 84 of 1982
- Published in South African Government Gazette 8248 on 16 June 1982
- Assented to on 3 June 1982
- Commenced on 15 June 1985 by Security Matters Proclamation, 1985
- [This is the version of this document from 5 June 1998 and includes any amendments published up to 17 November 2023.]
- [Amended by Security Matters Proclamation, 1985 (Proclamation AG29 of 1985) on 15 June 1985]
- [Amended by National Intelligence Act, 1987 (Act 19 of 1987) on 1 April 1987]
- [Amended by Namibia Central Intelligence Service Act, 1997 (Act 10 of 1997) on 5 June 1998]
2. Prohibition of certain acts in relation to prohibited placesAny person who approaches, inspects, passes over, is in the neighbourhood of or enters any prohibited place for any purpose prejudicial to the security or interests of the Republic, shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding 20 years.
3. Prohibition of obtaining and disclosure of certain informationAny person who, for purposes of the disclosure thereof to any foreign State or to any agent, or to any employee or inhabitant of, or any organization, party, institution, body or movement in, any foreign State, or to any hostile organization or to any office-bearer, officer, member or active supporter of any hostile organization-
4. Prohibition of disclosure of certain information
5. Prohibition of certain acts prejudicial to security or interests of Republic
6. Obstructing persons on guard at prohibited placesAny person who obstructs, knowingly misleads or otherwise interferes with any person engaged on guard, sentry, patrol or other similar duty in relation to any prohibited place shall be guilty of an offence and liable on conviction to a fine not exceeding R1 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment.
7. Harbouring or concealing certain persons and failing to report information relating to agentsAny person who -
8. Communication with agent proof of certain facts
9. Proof that certain information may directly or indirectly be of use to foreign State or hostile organizationIf in any prosecution against any person for an offence under section 3 it is proved that he is an agent or that he is or has been or is reasonably suspected of being or having been directly or indirectly used by or on behalf of any foreign or international body or institution or that he has entered or is within the Republic in contravention of any law and that he has prepared, compiled, made, obtained or received any document, model, article or information other than that referred to in section 3(a), or any document, model, article or information relating to a place, article or matter other than that referred to in section 3(b)(i) or (ii), it shall, unless the contrary is proved, be presumed that such document, model, article or information may directly or indirectly be of use to a foreign State or a hostile organization.
10. Proof of purpose prejudicial to security or interests of Republic
11. Extra-territorial application of Act, and jurisdiction
12. Authority of attorney-general required for institution of criminal proceedingsNo trial or preparatory examination in respect of any offence under this Act, except any contravention of section 6, shall be instituted without the written authority of the attorney-general.[section 12 amended by AG 29 of 1985]
13. Criminal proceedings may take place behind closed doorsAny court may, if it appears to that court to be necessary for considerations of the security or the other interests of the Republic, direct that any trial or preparatory examination in respect of an offence under this Act, shall take place behind closed doors or that the general public or any section thereof shall not be present thereat, and if the court issues any such direction, the court shall have the same powers as those conferred upon a court by section 154(1) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), and the provisions of subsections (1), (4) and (5) of the said section 154 shall apply mutatis mutandis.
14. Prohibited places and hostile organizationsThe Administrator-General may, for the purposes of this Act, by proclamation in the OfficialGazette declare -
15. Repeal of lawsThe laws specified in the Schedule are hereby repealed to the extent set out in the third column of the Schedule.
16. Short titleThis Act shall be called the Protection of Information Act, 1982.
History of this document
05 June 1998 this version
01 April 1987
Amended by National Intelligence Act, 1987
15 June 1985
Amended by Security Matters Proclamation, 1985
16 June 1982
03 June 1982
Cited documents 4
Documents citing this one 4
- Director General of the Namibia Central Intelligence Service and Another v Haufiku and Others (107 of 2018)  NAHCMD 174 (18 June 2018)
- Director-General of Namibian Central Intelligence Service and Another v Haufiku and Others (SA 33 of 2018)  NASC 7 (12 April 2019)