Suppression of Communism Act, 1950

Description

The Act, which came into effect on 17 July 1950, 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.

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, the subversive tactics of communist parties more widely, as well as the perceived threat of the Soviet Union in the emerging Cold War and decolonisation.

The opposition in the House of Assembly protested certain functions of the act, such as the possibility to ban individuals purposely advocating communist goals, circumventing the normal rule of law guarantees in the South African legal system. The government responded by watering down the act, explicitly outlining the right to due process before penalties (i.e. fines or imprisonment) were executed, requiring the Minister of Justice to submit requests to ban to a three-member committee, affording the right to redress by those issued a banning order, as well as exempting labour unions from the sanctions included in the act. These guarantees, however, were not followed reliably, and banning orders emerged as one of the most effective tools of the South African government throughout the apartheid era.