On 26/09/2017, you requested the version in force on 05/07/2017 incorporating all amendments published on or before 05/07/2017. The closest version currently available is that of 31/08/2013.
30 March 1987
12 December 2005
Act 42 of 2005
31 August 2013
—(1) Whenever on the application of the Public Prosecutor it is shown to the satisfaction of the Court that the issue or circulation of a seditious publication is or if commenced or continued would be likely to lead to unlawful violence or appears to have the object of promoting feelings of hostility between different classes or races of the community, the Court shall make an order (referred to in this section as a prohibition order) prohibiting the issuing and circulation of that publication (referred to in this section as a prohibited publication) and requiring every person having any copy of the prohibited publication in his possession, power or control forthwith to deliver every such copy into the custody of the police.
(2) An order under this section may be made ex parte on the application of the Public Prosecutor in chambers.
(3) It shall be sufficient if the order so describes the prohibited publication that it can be identified by a reasonable person who compares the prohibited publication with the description in the prohibition order.
(4) Every person on whom a copy of a prohibition order is served by any police officer shall forthwith deliver to that police officer every prohibited publication in his possession, power or control, and, if he fails to do so, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one year or to both.
(5) Every person to whose knowledge it comes that a prohibited publication is in his possession, power or control shall forthwith deliver every such publication into the custody of the police, and, if he fails to do so, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one year or to both.
(6) The Court may, if it thinks fit, either before or after or without service of the prohibition order on any person, issue a warrant authorising any police officer not below the rank of sergeant to enter and search any premises specified in the order, and to seize and carry away every prohibited publication there found, and to use such force as may be necessary for the purpose. A copy of the prohibition order and of the search warrant shall be left in a conspicuous position at every building or place so entered.
(7) The owner of any prohibited publication delivered or seized under this section may, at any time within 14 days after the delivery or seizure, apply to the Court by originating summons for the discharge of the prohibition order, and if the Court, on the hearing of the application, decides that the prohibition order ought not to have been made, it shall discharge the order and shall order the prohibited publication delivered by or seized from the applicant to be returned to him.
(8) Every prohibited publication delivered or seized under this section with respect to which an application under subsection (7) is not filed within the time aforesaid or which is not ordered to be returned to the owner shall be deemed to be forfeited to the Government.
(9) For the purposes of this section, “Court” means the High Court.