Suppression of Communism Act, 1950

Suppression of Communism Act, 1950
Parliament of South Africa
show Long 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.
Citation	Act No. 44 of 1950
Territorial extent	South Africa, South West Africa
Enacted by	Parliament of South Africa
Assented to	26 June 1950
Commenced	17 July 1950
Repealed	2 July 1982
Administered by	Minister of Justice
Repealed by
Internal Security Act, 1982
Keywords
Anti-communism, political repression, internal exile, censorship
Status: Repealed

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.

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 people of colour.^[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.^{[citation needed]}

Superseded 1982[]

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

References[]

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
• Statement Condemning the First Banning Orders Under the Suppression of Communism Act, 22 May 1952
• South African Communist Party timeline 1870-1996