Native Land Act
Encyclopedia
The Natives Land Act, 1913 (subsequently renamed Bantu Land Act, 1913 and Black Land Act, 1913; Act No. 27 of 1913) was an act
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...

 of the Parliament of South Africa
Parliament of South Africa
The Parliament of South Africa is South Africa's legislature and under the country's current Constitution is composed of the National Assembly and the National Council of Provinces....

 aimed at regulating the acquisition of land by "natives", i.e. black people
Black people
The term black people is used in systems of racial classification for humans of a dark skinned phenotype, relative to other racial groups.Different societies apply different criteria regarding who is classified as "black", and often social variables such as class, socio-economic status also plays a...

. The Act formed an important part of the system of Apartheid and is of importance for both legal and historic reasons.

Overview of the Act

The Natives Land Act of 1913 was the first major piece of segregation legislation passed by the Union Parliament, and remained a cornerstone of Apartheid until the 1990s when it was replaced by the current policy of land restitution. The act decreed that only certain areas of the country could be owned by natives. These areas totalled only 7% of the entire land mass of the Union.

Impact of Act

The Act created a system of land tenure that deprived the majority of South Africa's inhabitants of the right to own land which had major socio-economic repercussions. Had the Supreme Court
Supreme Court of South Africa
The Supreme Court of South Africa was a superior court of law in South Africa from 1910 to 1996. It was made up of various provincial and local divisions with jurisdiction over specific geographical areas, and an Appellate Division which was the highest appellate court in the country...

 not rendered the Acts application void for a few years it also would have disenfranchised all "natives" in the Cape Colony
Cape Colony
The Cape Colony, part of modern South Africa, was established by the Dutch East India Company in 1652, with the founding of Cape Town. It was subsequently occupied by the British in 1795 when the Netherlands were occupied by revolutionary France, so that the French revolutionaries could not take...

. For forty years the apartheid laws were to be followed.

Political Irony

A fair amount of political irony surrounds the Act:
  • The minister at the time of its introduction, J.W. Sauer, was a Cape Liberal who opposed disenfranchisement of blacks. He did however advocate for "separate residential areas for Whites and Natives" in the Parliamentary debate on the bill.
  • John Tengo Jabavu
    John Tengo Jabavu
    John Tengo Jabavu was a political activist and the editor of South Africa's first newspaper to be written in Xhosa....

    , a prominent "educated African" welcomed the Act, whilst Merriman and Schriener opposed the Act on principle.

A fair analysis therefore concludes that the Act in retrospect was a severe self-inflicted wound on South Africa and that it was the start of a long road of modern oppression, however that was not at the outset of the Act its intention, further that the full repercussions of the Act were not fully understood until it was too late, and the tide of White Supremacy had reached its full height.

External links

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