Section 287A: Prohibiting circulation of seditious publication

287A. Prohibiting circulation of seditious publication (1) Where, on the application of the Director of Public Prosecutions, it is shown to the satisfaction of a Judge or a Magistrate 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 of the community, the Judge or Magistrate shall make an order (in this section called a prohibition order) prohibiting the issue and circulation of that publication (in this section called 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 in Chambers ex parte on the application of the Director of Public Prosecutions. (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 officer every prohibited publication in his possession, power, or control, and, if he fails to do so, he shall commit an offence. (5) Every person who knows that a prohibited publication is in his possession, power, or control, shall forthwith deliver it to the person in charge of the nearest police station, and if he fails to do so, he shall commit an offence. (6) The Judge or Magistrate may, if he thinks fit, either before or after or without service of the prohibition order on any person, issue a warrant authorising the Commissioner of Police or his assistants to break, enter, and search, either by day or night, any building or place specified in the order, and any enclosure, room, box, receptacle, or thing in such building or place, and to seize and carry away every prohibited publication there found, and to use such force as may be necessary for the purpose. (7) 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. (8) (a) The owner of any prohibited publication delivered or seized under this Code may, within 14 days after the delivery or seizure, apply to the Judge or Magistrate for the discharge of the prohibition order, and where on the hearing of the petition, it is decided that the prohibition order ought not C57 – 77 [Issue 2] Criminal Code to have been made, the Judge or Magistrate shall discharge the order and shall order the prohibited publication delivered by or seized from the owner to be returned to him. (b) Any person dissatisfied with any order made under paragraph (a) shall have a right of appeal to the Supreme Court. (9) Every prohibited publication delivered or seized under this section with respect to which an application is not made within the time aforesaid or which is not ordered to be returned to the owner shall be forfeited and dealt with in such manner as the President may direct. [S. 287A amended by Act 48 of 1991.]