as amended by
Internal Security Amendment Act, No. 55 of 1986
Proclamation No. R. 21 of 1990
Internal Security and Intimidation Amendment Act, No. 138 of 1991
Criminal Law Amendment Act, No. 4 of 1992
29. (1) Notwithstanding anything to the contrary in any law or the common law contained, any commissioned officer as defined in section 1 of the Police Act, 1958 (Act No. 7 of 1958), of or above the rank of lieutenant-colonel may, if he has reason to believe that any person who happens to be at any place in the Republic—
has committed or intends or intended to commit an offence referred to in section 54 (1), (2) or (4), excluding, in the case of an offence referred to in section 54 (4), such an offence which the suspect committed or intends or intended to commit in connection with a person suspected of having intended to commit or having committed the offence of sabotage; or
is withholding from the South African Police any information relating to the commission of an offence referred to in paragraph (a) or relating to an intended commission of such offence or relating to any person who has committed or who intends to commit such offence,
without warrant arrest such person or cause him to be arrested and detain such person or cause him to be detained for interrogation in accordance with such directions as the Commissioner may, subject to the directions of the Minister, from time to time issue, for a period not exceeding 10 days and for such further period or periods not exceeding 10 days or not exceeding 10 days each, as the case may be, as a judge of a provincial or local division of the Supreme Court of South Africa may, on application in accordance with subsection (3), determine or from time to time determine. [Sub-s. (1) amended by s. 8 of Act No. 4 of 1992.]
(2) The commissioned officer referred to in subsection (1) shall as soon as possible after an arrest in terms of that subsection—
notify the Commissioner thereof, and the Commissioner shall as soon as possible after having been so notified advise the Minister of the name of the person so arrested and the place where he is being detained;
notify a relative of the person arrested, or, if no such relative is available, someone indicated by that person, of his arrest and of the place where he is being detained at that stage unless—
the person arrested informs the commissioned officer that he does not wish anybody so to be notified; or
the Commissioner has reason to believe that it will hamper any investigation by the police.
(3) (a) An application referred to in subsection (1) for the further detention of a person arrested and detained in terms of that subsection shall be made in writing to a judge in chambers by the Commissioner or a commissioned officer as defined in section 1 of the Police Act, 1958, of or above the rank of brigadier, at least 48 hours before the expiry of the period of 10 days referred to in subsection (1), or at least 48 hours before the expiry of any further period so referred to, as the case may be, and shall state—
the date and the grounds on which the person was arrested;
the reason why further detention of the person is considered necessary; and
the place where and the directions subject to which the person is being detained.
(b) Before the application is heard, the Commissioner or the commissioned officer concerned shall notify the detainee concerned and, if he so requests, his legal representative, of the application and furnish the detainee with a copy of the written application referred to in paragraph (a).
(c) Any person in respect of whom an application has been made in terms of paragraph (a) may, pending the result of such application, be detained as if the application had been granted.
(d) A judge to whom such an application is made—
may consider the application, whether the person concerned is being detained within the area of jurisdiction of the relevant division of the Supreme Court or elsewhere;
shall afford that person or his legal representative an opportunity of submitting reasons in writing why the detainee should not be further detained, and shall, if such reasons are submitted, afford the Commissioner or the commissioned officer concerned an opportunity of replying thereto in writing;
may ask the Commissioner or the commissioned officer for such further information in writing as the judge may deem necessary;