| (1) |
No person shall publish in any newspaper, magazine, book or pamphlet or by radio or any other means— |
| (a) |
any information relating to the composition, movements or dispositions of— |
| (i) |
the South African Defence Force or any auxiliary or voluntary nursing service established under this Act, or any force of a country which is allied to the Republic; or |
| (ii) |
any South African or allied ships or aircraft used for naval or military purposes; or |
| (iii) |
any engines, rolling stock, vehicles, vessels or aircraft of any railway, road, inland water or sea transport system or air service over which an officer of the South African Defence Force has assumed control in terms of section 102(1), or anything which has been supplied on requisition by the Minister in terms of section 102(2) or any statement, comment or rumour calculated directly or indirectly to convey such information, except where the information has been furnished or the publication thereof has been authorized by the Minister or under his authority; or |
| (b) |
any statement, comment or rumour relating to any member of the South African Defence Force or any activity of the South African Defence Force or any force of a foreign country, calculated to prejudice or embarrass the Government in its foreign relations or to alarm or depress members of the public, except where publication thereof has been authorized by the Minister or under his authority. |
[Subsection (1) substituted by section 57(a) of Act No. 85 of 1967]
| (1A) |
No prosecution in respect of an offence under subsection (1) shall be instituted except on the written authority of the attorney-general having jurisdiction in the area concerned or of a member of his staff designated by him in writing. |
[Subsection (1A) inserted by section 57(b) of Act No. 85 of 1967]
| (2) |
No person shall publish in any manner whatsoever any secret or confidential information relating to the defence of the Republic, or any information relating to any works proposed, undertaken or completed for or connected with the fortification or defence of the Republic except where the information has been furnished or the publication thereof has been authorized by the Minister or under his authority. |
[Subsection (2) substituted by section 57(c) of Act No. 85 of 1967]
| (3) |
Any proprietor, printer, publisher or editor of any newspaper, magazine, book or pamphlet in which any such information as aforesaid is published, and any person responsible for the publication of such information by such or any other means, shall be guilty of an offence, and proceedings in respect thereof may be taken against all or any of such persons. |
| (4) |
Any person who discloses to any other person any secret or confidential information relating to the defence of the Republic which came to his knowledge by reason of his membership of the South African Defence Force or by reason of his employment in the public service of the Republic or in any other office, post, appointment or capacity under the Government or by reason of any contract relating to the defence of the Republic or any employment by a contractor under such a contract, or which was given to him in confidence by any person who was authorized or whose duty it was to give him such information, shall be guilty of an offence, unless such disclosure was authorized by the Minister or under his authority or by order of a competent court or it was the duty of such person in the interests of the State to disclose such information to such other person. |
| (5) |
In any proceedings in respect of a contravention of subsection (2) or (4), it shall be presumed, until the contrary is proved— |
| (a) |
that any information relating to the defence of the Republic is secret or confidential; and |
| (b) |
where the accused is proved to be or to have been a member of the South African Defence Force or to be or to have been employed in the public service of the Republic or in any other office, post, appointment or capacity under the Government, or to hold or to have held any contract relating to the defence of the Republic or to be or to have been employed by a contractor under such a contract, that the secret or confidential information came to his knowledge by reason of such membership, employment or contract. |
| (6) |
For the purposes of this section any information relating to military equipment shall be deemed to be secret or confidential unless publication of such information has been authorized by the Minister or under his authority. |
| (7) |
Nothing in this section contained shall be construed as preventing any person from being prosecuted and punished under any other law relating to the unlawful disclosure of information. |
Older Persons Act, 2006
