Republic of Namibia

9

Annotated Statutes

Protection of Information Act 84 of 1982 (RSA)

the Republic in contravention of any law, it shall, unless the contrary is proved, be presumed
that the purpose for which it was published or disclosed is a purpose prejudicial to the security
or interests of the Republic.
Extra-territorial application of Act, and jurisdiction
11. (1) Any act constituting an offence under this Act and which is committed
outside the Republic by any South African citizen or any person domiciled in the Republic shall
be deemed to have been committed also in the Republic.
(2) Any offence under this Act shall, for the purposes of determining the jurisdiction of
a court to try the offence, be deemed to have been committed at the place where it actually was
committed and also at any place where the accused happens to be.
Authority of attorney-general required for institution of criminal proceedings
12. No 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 attorneygeneral.
[section 12 amended by AG 29 of 1985]

Criminal proceedings may take place behind closed doors
13. Any 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.
Prohibited places and hostile organizations
14. The Administrator-General may, for the purposes of this Act, by proclamation in
the Official Gazette declare (a)

any place or area to be a prohibited place if he is satisfied that information with
respect to that place or area, or the loss, damage, disruption or immobilization
thereof could be of use to a foreign State or a hostile organization; or

(b)

any association of persons, movement or institution outside the Republic to be a
hostile organization if he is satisfied that that association of persons, movement or
institution incites, instigates, commands, aids, advises, encourages or procures any
person in the Republic or elsewhere to commit in the Republic an act of violence
for any purpose prejudicial to the security or interests of the Republic,

and may in like manner at any time repeal or amend any such proclamation.
[section 14 amended by AG 29 of 1985]

Repeal of laws
15. The laws specified in the Schedule are hereby repealed to the extent set out in the
third column of the Schedule.

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