[Rev. 2022]
Public Order
CAP. 56
Provided that in any proceedings against a person charged with the offence of
taking part in the control or management of such an association as aforesaid it shall
be a defence to that charge to prove that he neither consented to nor connived at
the organisation, training or equipment of members or adherents of the association
in contravention of the provisions of this section.
(2) No prosecution under this section shall be instituted without the consent of
the Director of Public Prosecutions.
(3) If, upon application being made by the Attorney-General, it appears to the
High Court that any association is an association of which members or adherents
are organised, trained or equipped in contravention of the provisions of this section,
the Court may make such order as appears necessary to prevent any disposition
without the leave of the Court of property held by or for the association, and may
direct an inquiry and report to be made as to any such property as aforesaid and
as to the affairs of the association, and may make such further orders as appear
to the Court to be just and equitable for the application of such property in or
towards the discharge of the liabilities of the association lawfully incurred before
the date of the application or since that date with the approval of the Court, in or
towards repayment of moneys to persons who became subscribers or contributors
to the association in good faith and without knowledge of any such contravention
as aforesaid, and in or towards any costs incurred in connexion with any such
inquiry and report as aforesaid or in winding up or dissolving the association, and
may order that any property which is not directed by the Court to be so applied as
aforesaid shall be forfeited.
(4) In any criminal or civil proceedings under this section, proof of things done
or of words written, spoken or published (whether or not in the presence of any
party to the proceedings) by any person taking part in the control or management
of an association or in organising, training or equipping members or adherents of
an association shall be admissible as evidence of the purposes for which, or the
manner in which, members or adherents of the association (whether those persons
or others) were organised, or trained or equipped.
(5) If a judge of the High Court or magistrate is satisfied by information on oath
that there is reasonable ground for suspecting that an offence under this section
has been committed, and that evidence of the commission thereof is to be found at
any premises or place specified in the information, he may, on an application made
by a police officer of a rank not lower than that of Inspector, grant a search warrant
authorising any such police officer named in the warrant together with any other
persons named in the warrant and any other police officers to enter the premises
or place at any time within one month from the date of the warrant, if necessary
by force, and to search the premises or place and every person found therein, and
seize anything found on the premises or place or on any such person which the
officer has reasonable ground for suspecting to be evidence of the commission of
such an offence as aforesaid:
Provided that no woman shall, in pursuance of a warrant issued under this
subsection, be searched except by a woman.
(6) Nothing in this section shall be construed as prohibiting the employment of a
reasonable number of persons as stewards to assist in the preservation of order at
any public meeting held upon private premises, or the making of arrangements for
that purpose or the instruction of the persons to be so employed in their lawful duties
as such stewards, or their being furnished with badges or other distinguishing signs.
[L.N. 87/1964, Act No. 12 of 2012, Sch., Act No. 19 of 2014, s. 2.]
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