Source 5a

Transcript

The Union Government will now have very wide powers under the Suppression of Communism Act 1950 to pursue their policy of Apartheid in the guise of action against Communism.  The definition of “communism” includes inter alia [among other things] any doctrine or scheme (a) which aims at bringing about any political, industrial, social or economic change by the promotion of disturbances or by unlawful acts and (b) which aims at the encouragement of feeling of hostility between European and non-European races calculated to further the objects mentioned at (a).

An amending Act widens the definition of Communism so as to include (a) any person, who at an time before the commencement of the Act, professed to be a communist, (b) any person, who at any time before the commencement of the Act, in any way encouraged the achievement of the objectives of communism and (c) any, person, who at any time, was an active supporter of any organisation outside the Union which aided communism. Persons who will be listed as “communist” will not have the right to appeal to the courts. The Bill, when introduced, was opposed vehemently [strongly] in the Legislature and widely denounced by all non-European organisations as well as a number of European organisations.

The following extracts from a statement issued by the Johannesburg Bar summarised the principal objections to the Bill.

“Insincerely used, it could become the instrument of the most dreadful tyranny; sincerely used it could, and probably would give rise to injustice to individuals. If the Bill becomes law, any person who has at any time in the past

professed to be a Communist, even when it was lawful to do so, becomes a Communist for the purposes of the main Act, and the consequent disabilities attach to him for all time. It does not avail the person concerned to prove his abandonment of all Communistic principles.”

“Another most serious objection to the Bill is the provision which now enables the Governor General to supress a newspaper which serves inter alia as a means for conveying news calculated to further any of the objects of Communism”.

“The objects of Communism as defined in the Act are very wide indeed. They include many liberal and humanitarian objects which are advocated and cherished by persons who are very far from being Communists.”

“These provisions have no legal bounds and, coupled with the denial of any right of access to the courts, are a complete negation of the liberty of the subject as guaranteed by the rule of law”.

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