Precursors
Hut tax
Franchise and Ballot Act (1892)
Natal Legislative Assembly Bill (1894)
General Pass Regulations Bill (1905)
Asiatic Registration Act (1906)
South Africa Act (1909)
Natives Land Act (1913)
Natives in Urban Areas Bill (1918)
Natives (Urban Areas) Act (1923)
Colour Bar Act (1923)
Immorality Act (1927)
Native Administration Act (1927)
Representation of Natives Act (1936)
Native Trust and Land Act (1936)
Asiatic Land Tenure Bill (1946)
After 1948
Prohibition of Mixed Marriages Act (1949)
Immorality Amendment Act † (1950)
Population Registration Act (1950)
Group Areas Act (1950)
Suppression of Communism Act (1950)
Native Building Workers Act (1951)
Separate Representation of Voters Act (1951)
Prevention of Illegal Squatting Act (1951)
Bantu Authorities Act (1951)
Native Laws Amendment Act † (1952)
Pass Laws Act (1952)
Native Labour (Settlement of Disputes) Act (1953)
Bantu Education Act (1953)
Reservation of Separate Amenities Act (1953)
Natives Resettlement Act (1954)
Group Areas Development Act (1955)
Industrial Conciliation Act (1956)
Natives (Prohibition of Interdicts) Act (1956)
Bantu Investment Corporation Act (1959)
Extension of University Education Act (1959)
Promotion of Bantu Self-government Act (1959)
Coloured Persons Communal Reserves Act (1961)
Preservation of Coloured Areas Act (1961)
Republic of South Africa Constitution Act (1961)
Urban Bantu Councils Act (1961)
General Law Amendment Act (1963)
Post-Verwoerd
Terrorism Act (1966)
Coloured Persons Representative Council Amendment Act † (1968)
Prohibition of Improper Interference Act (1968)
Bantu Homelands Citizenship Act (1970)
Bantu Homelands Constitution Act (1971)
Black Local Authorities Act (1982)
Republic of South Africa Constitution Act (1983)
† No new legislation introduced, rather
the existing legislation named was amended.
The Apartheid Legislation in South Africa was a series of different laws and acts which were to help the apartheid-government to enforce the segregation of different races and cement the power and the dominance by the Whites, of substantially European descent, over the other race groups. Starting in 1948, the Nationalist Government in South Africa enacted laws to define and enforce segregation. With the enactment of apartheid laws in 1948, racial discrimination was institutionalised. According to economist Walter E. Williams, apartheid "maintained white power by denying political and economic liberty to black South Africans."[1]
What makes South Africa's apartheid era different from segregation in other countries is the systematic way in which the National Party, which came into power in 1948, formalized it through the law.
The effect of the legislation was invariably favorable to the whites and detrimental to the other race groups.
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Segregationist legislation before apartheid
Although apartheid as a comprehensive legislative project truly began after the National Party came into power in 1948, many of these statutes were preceded by the laws of the previous British and Afrikaner administrations in South Africa's provinces.[2][3] An early example is the Glen Grey Act, passed in 1894 in Cape Colony, and which had the effect of diminishing the land rights of Africans in scheduled areas.[4]
In fact, apartheid (racial segregation) informally existed long before 1948 and was initially formalised by British and other colonial governments before and after the Second Boer War. The bone of contention was not the refinement of these laws, which was a natural consequence of the legislative process, but the refusal of South Africa to follow the urgent abolishment of such laws by Britain and the United States of America up to the 1960's. It is therefore not the legislation thereof, which was a world-wide and old practice of many other and previous governments, but the resistance to the abolishment thereof, which sparked controversy.
It is the failure to properly describe and discuss this proven history which has contributed to the partial failure of the reconciliation and reconstruction process in post-apartheid South Africa.
Primary apartheid legislation
The "apartheid laws" were enacted following the 1948 South African election and subsequent declaration of "grand apartheid". The principal pieces of legislation to enforce apartheid were as follows:[5]
1940s
- Prohibition of Mixed Marriages Act, Act No 55 of 1949
1950s
- Early 1950s
- Immorality Amendment Act, Act No 21 of 1950; amended in 1957 (Act 23)
- Population Registration Act, Act No 30 of 1950
- Group Areas Act, Act No 41 of 1950
- Suppression of Communism Act, Act No 44 of 1950
- Bantu Building Workers Act, Act No 27 of 1951
- Separate Representation of Voters Act, Act No 46 of 1951
- Prevention of Illegal Squatting Act, Act No 52 of 1951
- Bantu Authorities Act, Act No 68 of 1951
- Natives Laws Amendment Act of 1952
- Natives (Abolition of Passes and Co-ordination of Documents) Act, Act No 67 of 1952
- Mid 1950s
- Native Labour (Settlement of Disputes) Act of 1953
- Bantu Education Act, Act No 47 of 1953
- Reservation of Separate Amenities Act, Act No 49 of 1953
- Natives Resettlement Act, Act No 19 of 1954
- Group Areas Development Act, Act No 69 of 1955
- Natives (Prohibition of Interdicts) Act, Act No 64 of 1956
- Late 1950s
- Bantu Investment Corporation Act, Act No 34 of 1959
- Extension of University Education Act, Act 45 of 1959
- Promotion of Bantu Self-Government Act, Act No 46 of 1959
1960s
- Coloured Persons Communal Reserves Act, Act No 3 of 1961
- Preservation of Coloured Areas Act, Act No 31 of 1961
- Urban Bantu Councils Act, Act No 79 of 1961
- Terrorism Act, Act No 83 of 1967
1970s
- Bantu Homelands Citizens Act of 1970
See also
References
- ^ Root, Damon (2011-01-28) Man Versus the State, Reason
- ^ Scythe, N C: 'Early apartheid: race laws in South Africa 1652 - 1836', LLM thesis, University of Witwatersrand, Johannesburg, 1995.
- ^ Smythe, N C: 'The origins of apartheid: race legislation in South Africa - 1836 - 1910'. LLM thesis, University of Witwatersrand, Johannesburg, 1995.
- ^ Smythe, N C: 'The origins of apartheid: race legislation in South Africa - 1836 - 1910', p 262. ELM thesis, University of Witwatersrand, Johannesburg, 1995.
- ^ Alistair Boddy-Evans. African History: Apartheid Legislation in South Africa, About.Com. Accessed October 19, 2008.
External links
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