Apartheid legislation in South Africa
Encyclopedia
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."
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.
and subsequent declaration of "grand apartheid". The principal pieces of legislation to enforce apartheid were as follows:
Mid 1950s
Late 1950s
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
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
Economics
Economics is the social science that analyzes the production, distribution, and consumption of goods and services. The term economics comes from the Ancient Greek from + , hence "rules of the house"...
Walter E. Williams
Walter E. Williams
Walter E. Williams, is an American economist, commentator, and academic. He is the John M. Olin Distinguished Professor of Economics at George Mason University, as well as a syndicated columnist and author known for his libertarian views.- Early life and education :Williams family during childhood...
, apartheid "maintained white power by denying political and economic liberty to black South Africans."
What makes South Africa's apartheid era
History of South Africa in the apartheid era
Apartheid was a system of racial segregation enforced by the National Party governments of South Africa between 1948 and 1994, under which the rights of the majority 'non-white' inhabitants of South Africa were curtailed and white supremacy and Afrikaner minority rule was maintained...
different from segregation in other countries
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...
is the systematic way in which the National Party
National Party (South Africa)
The National Party is a former political party in South Africa. Founded in 1914, it was the governing party of the country from 4 June 1948 until 9 May 1994. Members of the National Party were sometimes known as Nationalists or Nats. Its policies included apartheid, the establishment of a...
, 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.
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. 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.Primary apartheid legislation
The "apartheid laws" were enacted following the 1948 South African electionSouth African general election, 1948
The parliamentary election in South Africa on 26 May 1948 represented a turning point in the country's history. The United Party, which had led the government since its foundation in 1933 and its leader, incumbent Prime Minister Jan Smuts was ousted by the Reunited National Party , led by Daniel...
and subsequent declaration of "grand apartheid". The principal pieces of legislation to enforce apartheid were as follows:
1950s
Early 1950s- Immorality Amendment Act, Act No 21 of 1950; amended in 1957 (Act 23)
- Population Registration ActPopulation Registration ActThe Population Registration Act of 1950 required that each inhabitant of South Africa be classified and registered in accordance with their racial characteristics as part of the system of apartheid. Social rights, political rights, educational opportunities, and economic status were largely...
, Act No 30 of 1950 - Group Areas ActGroup Areas ActThe Group Areas Act of 1950 was an act of parliament created under the apartheid government of South Africa on 27th April 1950. The act assigned racial groups to different residential and business sections in urban areas in a system of urban apartheid...
, Act No 41 of 1950 - Suppression of Communism ActSuppression of Communism ActThe Suppression of Communism Act, No. 44 of 1950 was legislation of the national government in South Africa, passed on June 26 of that year , which formally banned the Communist Party of South Africa and proscribed the ideology of communism, defined by the government as any scheme that aimed "at...
, Act No 44 of 1950 - Bantu Building Workers ActBantu Building Workers ActThe Native Building Workers Act, 1951 formed part of the apartheid system of racial segregation in South Africa. It legalized the training of blacks in skilled labor in the construction industry, but limited the places in which they were permitted to work...
, Act No 27 of 1951 - Separate Representation of Voters ActSeparate Representation of Voters ActThe Separate Representation of Voters Act No. 46 was introduced in South Africa on 18 June 1951. Part of the legislation during the apartheid era, the National Party introduced it to enforce racial segregation, and was the start of a deliberate process to remove all non-white people from the...
, Act No 46 of 1951 - Prevention of Illegal Squatting ActPrevention of Illegal Squatting ActThe Prevention of Illegal Squatting Act, Act No 52 of 1951, formed part of the apartheid system of racial segregation in South Africa. This act authorized the forcible removal of squatting communities. It allowed eviction and destruction of homes of squatters by landowners, local authorities and...
, Act No 52 of 1951 - Bantu Authorities ActBantu Authorities ActThe Bantu Authorities Act, 1951 was one of the pillars of apartheid in South Africa during the apartheid era. This legislation, succeeding the Native Affairs Act The Bantu Authorities Act, 1951 (Act No. 68 of 1951; subsequently renamed the Black Authorities Act, 1951) was one of the pillars of...
, Act No 68 of 1951 - Natives Laws Amendment ActNatives Laws Amendment ActThe Native Laws Amendment Act, 1952 , formed part of the apartheid system of racial segregation in South Africa....
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 ActBantu Education ActBantu Education Act of 1953 was a South African law which codified several aspects of the apartheid system. Its major provision was enforced separation of races in all educational institutions. Even universities were made 'tribal', and all but three Missionary schools chose to close down when the...
, Act No 47 of 1953 - Reservation of Separate Amenities ActReservation of Separate Amenities ActThe Reservation of Separate Amenities Act, Act No 49 of 1953, formed part of the apartheid system of racial segregation in South Africa.The Act legalized the racial segregation of public premises, vehicles and services. Only public roads and streets were excluded from the Act...
, Act No 49 of 1953 - Natives Resettlement ActNatives Resettlement ActThe Natives Resettlement Act, Act No 19 of 1954, formed part of the apartheid system of racial segregation in South Africa. It permitted the removal of blacks from any area within and next to the magisterial district of Johannesburg by the South African government. This act was designed to remove...
, Act No 19 of 1954 - Group Areas Development ActGroup Areas Development ActThe Group Areas Development Act, 1955 , formed part of the apartheid system of racial segregation in South Africa. It was enacted to help effect the purpose of the Group Areas Act of 1950, namely to exclude non-Whites from living in the most developed areas, which were restricted to Whites...
, Act No 69 of 1955 - Natives (Prohibition of Interdicts) ActNatives (Prohibition of Interdicts) ActNatives Act, Act No 64 of 1956, formed part of the apartheid system of racial segregation in South Africa. It deprived Africans of the right to appeal to the courts by means of an interdict or any legal process against forced removals....
, Act No 64 of 1956
Late 1950s
- Bantu Investment Corporation ActBantu Investment Corporation ActThe Bantu Investment Corporation Act, Act No 34 of 1959, formed part of the apartheid system of racial segregation in South Africa. In combination with the Bantu Homelands Development Act of 1965, it allowed the South African government to capitalize on entrepreneurs operating in the Bantustans. It...
, Act No 34 of 1959 - Extension of University Education ActExtension of University Education ActThe Extension of University Education Act, Act 45 of 1959, formed part of the apartheid system of racial segregation in South Africa. This act made it a criminal offense for a non-white student to register at a formerly open university without the written permission of the Minister of Internal...
, Act 45 of 1959 - Promotion of Bantu Self-Government ActPromotion of Bantu Self-Government ActThe Promotion of Bantu Self-Government Act No 46 of 1959 was a piece of South African apartheid legislation that allowed for the transformation of reserves into "fully fledged independent Bantustans" which would also divide Blacks into 'ethnically' discrete groups...
, 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 ActUrban Bantu Councils ActThe Urban Bantu Councils Act, Act No 79 of 1961, formed part of the apartheid system of racial segregation in South Africa. It replaced the Advisory Boards created earlier by the Natives Urban Areas Act of 1923, and permitted democratic election of new municipal councils with African chairmen which...
, Act No 79 of 1961 - Terrorism ActTerrorism Act No 83 of 1967The Terrorism Act No 83 of 1967 was a law of the South African Apartheid regime until all except section 7 was repealed under the Internal Security and Intimidation Amendment Act 138 of 1991.-Detention without trial:...
, Act No 83 of 1967