Like other modern States, the Republic of South Africa is a country governed by laws. And the laws by which a country chooses to live are normally matters with which the United Nations not only does not concern itself, but which, in fact, it is expressly forbidden from interfering with by its own Charter.

However, a feature that gives to the laws of South Africa the character and dimension which have caused concern throughout the world and which have made them the subject of formal denunciation by the United Nations can be simply stated: while these laws apply to all the people of South Africa—white and nonwhite alike—they are laws of the white man alone, enacted by the white man alone, for the benefit of the white man alone. Neither in the formulation nor in the execution of these "laws" do the Africans, who form 70 per cent of the population, nor the Asians and the Coloured, have any voice or influence.

It is this character which makes many of the "laws" of South Africa, in effect and in reality, instruments of iniquity and oppression.

The following examples are drawn from a study prepared by Professor Leslie Rubin of Howard University. Washington. D.C.. a former Senator in South Africa, representing Africans, for the United Nations Secretariat's Unit on Apartheid, showing how legislation described by the South African Government as being designed to promote "separate development", amounts to a legalized contempt for all human beings of the non-white races.

Race and Colour

A person who is "obviously in appearance white" and is 'generally accepted as a white person" may not be classified as a white person if one of his natural parents has been classified as a coloured person.

An African is "a person who in fact is or is generally accepted as a member of any aboriginal race or tribe of Africa".

A coloured person is "a person who is not a white person or an African'.

A person who is not in fact an African, but "in appearance obviously is an African" will be classified as such in the population register, unless he discharges the onus of proving that he is not in fact and is not generally accepted as African.

A man who "in appearance obviously is a white person" must be classified as a coloured person, if one of his natural parents has been classified as a white person and the other as a coloured person.

In deciding whether or not a person is "in appearance obviously a white person' the official concerned must take into account such person s "habits, education, speech, deportment and demeanour in general".

If a person "in appearance obviously not a white person" is "generally accepted as a white person" in the area where he is employed, but is not so accepted in the area where he lives, he may not be classified as a white person.

Even twenty-five years after a person has been classified in the population register as a white person and issued with the corresponding identity card, the Secretary of the Interior has the right to seek such person's reclassification.

Movement

A proclamation in the Government Gazette may, at any time, prohibit any African from being in any town during such hours of the night as are specified, unless he is in possession of a written permit signed by his employer or by [unclear: an] official.

Every Africa [unclear: attained] the age of sixteen years must be in [unclear: of] a Reference Book. Any policeman may [unclear: ca time] on any African to produce his Reference [unclear: E African] unable to do so because he has left it [unclear: at ilty] of a criminal offence.

Home, [unclear: Fam] Residence

An African [unclear: worn] in a town and lived there continuously for [unclear: find] but then left to reside elsewhere for any [unclear: period weeks], is not entitled as of right to return to [unclear: there] he was born and to remain there for [unclear: more enty-two] two hours, unless he has obtained a [unclear: perm]

An African [unclear: w nce] birth, resided continuously in a town is [unclear: no s] right to have living with him in that town [unclear: f an] Seventy-two hours a married daughter, a son [unclear: reached] the age of eighteen, a niece, a nephew [unclear: child].

If an [unclear: African having] contracted a marriage, takes up [unclear: perm dence] with her husband in accommodation provide [unclear: employer] in town where her husband has [unclear: live worked] continuously for 25 years, she is guilty [unclear: al offence].

A policeman [unclear: is o enter] and search premises on which he has [unclear: suspect] African youth (eighteen [unclear: year is] committing the criminal offence of residing [unclear: v her] without having been issued with the [unclear: necessary to] do so.

An African [unclear: b sixteen,] who has left school and lives at [unclear: hons] parents (who maintain him) but does not work [unclear: y time], be arrested without warrant by a police [unclear: has] reason to believe that he is an idle [unclear: person]

An African [unclear: worn] in a town and has worked and lived there [unclear: years] may be required at any time to leave [unclear: th d] take up residence in a Bantu area where he [unclear: haved] and has no relatives or friends. If he [unclear: remain wn] than three days after he has received [unclear: w re] leave, he is guilty of a criminal offence.

The law of [unclear: sa] [unclear: ovides] for the division of all towns into [unclear: se] which only members of the white [unclear: red] groups", may own land or premises.

No "obviously [unclear: person] who is married to or cohabits with an [unclear: African coloured] person may be included in the white [unclear: grc]

The State [unclear: Prey]whenever is deemed expedient", by [unclear: pr] in the Government Gazette", declare that [unclear: a ea] which heen occupied by coloured person [unclear: n] land there (no matter how long such [unclear: occupation] [unclear: nership] have continued) shall be a white group [unclear: from] a specified date. When such white group [unclear: een] declared, a coloured person living in the [unclear: area ough] he has lived there continuously for fifty [unclear: year use] which he owns) may not remain there longer [unclear: period] of grace, of not less than twelve months, [unclear: inister] of the interior, in his discretion, decides [unclear: to]

No white [unclear: person] a town may (unless he has received a licence [unclear: fr ty] council) accommodate on the premises which [unclear: he] son of his African servant who lives there, [unclear: if] has reached the age of ten years.

A labour [unclear: officer] any time cancel the employment of an African [unclear: as] in a town, no matter how long he has been [unclear: en ven] though his employer opposes the cancellation [unclear: ican] who employment has been cancelled, may [unclear: roed] from the town where he worked and [unclear: prohibited turning] to that town for such period as the [unclear: labou] specifies.

A white [unclear: Person in] a town who employs ab Africa to any [unclear: carp klaying], electrical fitting or other skilled work [unclear: w ecial] exemption granted by the Minister of [unclear: Labours] a criminal offence. A white person living in [unclear: a mmits] at a criminal offence if he employ an [unclear: African waiter] at a party in his home, unless such [unclear: African an] granted the necessary permit by a labour [unclear: burea]

It is [unclear: unlawful] African worker to take part in a strike for any [unclear: re atsoever]. If he does, he is guilty of a criminal [unclear: o unishable] by a fine not exceeding $1,400 or [unclear: im nt] for not longer than three years, or both [unclear: such] imprisonment.

An African [unclear: fa rker] who calls on other workers to strike for [unclear: an im] pary commits a criminal offence.

An African [unclear: we ersonal] favour and page break without receiving payment, repairs a defective electrical fitting in the living quarters of a friend who resides on his employer's premises in a town is guilty of a criminal offence.

An African Is prohibited from doing skilled work in the building industry in any town in white South Africa.

A white person who pays his domestic servant for repairing a damaged roof in his home commits a criminal offence.

A municipal labour officer may, at any time, terminate the employment of any African in his area, if he decides that such employment "is not bona fide", even though the employment has continued for twenty-five years to the complete satisfaction of such African's white employer.

A white workman, who is permanently totally disabled is entitled to a monthly pension based on his earnings; an African similarly disabled is entitled to a lump sum based on his earnings, but not to a monthly pension.

When an employer has established living quarters for his African workers, no worker living there may receive a visitor at any time, unless he has been granted permission to do so by his employer or some other authorized person.

Education

The Minister of Bantu Education may, at any time, and without being required to give any reason for doing so, withdraw any subsidy previously granted by him to a school maintained by an African tribe or community.

An African living in a town who, without being paid for his services, conducts a class in reading and writting in his own home for a few of his African friends is guilty of a criminal offence.

A white man who spends a few hours each week in his own home teaching his African servants to read is guilty of a criminal offence.

An African religious minister who conducts regular classes for his congregation, in which he teaches them to read the Bible, is guilty of a criminal offence.

A private correspondence college which enrols an African as a student in any course without the permission of the Minister of Bantu Education is guilty of a criminal offence.

Any person who provides special education for handicapped African children without the approval of the Minister of Bantu Education is guilty of a criminal offence.

An African student who attends even a single lecture in a course at the University of Cape Town without the permission of the Minister of Bantu Education is guilty of a criminal offence.

Marriage

If a marriage officer performs a marriage ceremony between a white man and a coloured woman, the latter having falsely represented that she is white, the marriage is void and of no effect.

If a white South African lawfully marries a coloured woman abroad, the marriage is void and of no effect in South Africa.

Assembly and Association

An African who has lived continuously for fifty years in the town in which he was born is not entitled as of right to have an African friend visit and remain with him for more than seventy-two hours.

It is unlawful for a white person and a non-white person to drink a cup of tea together in a cafe anywhere in South Africa unless they have obtained a special permit to do so.

Unless he has obtained a special permit, an African professor delivering a lecture at a white club, which has invited him to do so, commits a criminal offence.

A coloured person attending a public cinema in a town (even though he occupies specially separated seating) is guilty of a criminal offence, unless a special permit has been issued.

An African attending a Church fete in a town is guilty of a criminal offence, unless a special permit has been issued.

If there are no cinemas in a coloured township a permit will be issued allowing coloured persons to attend a cinema in a town, provided that separate entrance, seating "and other facilites" are available for coloured persons.

A permit will not be granted to a white orchestra to accompany an African choir presenting performances even though the audiences are segregated.

A permit will not be granted to Africans to watch a Carnival organized by the students of a white university; it will be granted to coloured persons and Asians only on condition that no refreshments are served.

If an Asian (or a coloured person or an African) sits on a bench in a public park (which has been set apart for the exclusive use of white persons), by way of protest against the apartheid laws, he commits a criminal offence punishable by a fine of not more than $840 or Imprisonment for not longer than three years or a whipping of not more than ten strokes, or both such fine and imprisonment, or both such fine and whipping, or both such imprisonment and whipping.

Anyone who has rendered aid to the family of a person convicted of committing an offence by way of protest against apartheid laws is also guilty of an offence.

If there is only one waiting-room in a railway station, it is lawful for the station-master to reserve that waiting-room for the exclusive use of white persons, and any non-white person wilfully entering it commits a criminal offence.

An unmarried man who is "obviously in appearance" or "by general acceptance and repute" a white person and who attempts to have sexual intercourse with a woman who is not "obviously in appearance" or "by general acceptance and repute" a white person is guilty of a criminal offence punishable by imprisonment with compulsory hard labour for not longer than seven years, unless he can prove to the satisfaction of the court that he had reasonable cause to believe, at the time that the alleged offence was committed, that she was "obviously in appearance or by general acceptance and repute" a white person.

A coloured person is guilty of attending a "gathering" if he has two friends to dinner.

It is unlawful for any political party to exist unless all its members are persons who belong to the same ethnic group i.e. unless all its members are Africans or whites or coloured persons.

If a white person addresses a gathering most of the members of which are coloured, and calls on his audience to support any political party, he is guilty of a criminal offence.

Taxation

Every African, male and female, who has reached the age of eighteen years is liable to pay an annual tax (known as the general tax) of a least $4.90, in addition to the ordinary income tax payable by all South Africans, unless he satisfies the authorized official that he has reached the age of sixty-five years.

Every African who is the occupier of a dwelling in an African township is liable to pay an annual tax (known as the local tax) of $1.40.

In certain defined areas, any white policeman may, at any time, stop an African walking in a city street, if he believes him to be liable to pay these taxes, and demand from him the receipt for his general tax or local tax for inspection.

If the African fails to comply with such demand, the policeman may arrest him and have him brought before a Bantu Affairs Commissioner, who may then order his detention until arrangements have been made for payment of such tax as may be due.

Ownership of Land

No African is entitled as of right to acquire freehold title to land anywhere in South Africa; nor is it the intention of the present Government ever to grant such right to the African, even in his own Bantu areas.

Opinion and Expression

The South African Publications Control Board consists of nine persons (all of them white) appointed and paid by the Government. One of the functions of the Board is to prevent the showing of any film which depicts white and non-white children sharing the same classroom or white and non-white adults dancing with one another or white and non-white men and women embracing and kissing one another.

Another function of the South African Publications Control Board is to prevent the showing of any educational documentary film which expresses approval of racial integration or disapproval of discrimination based on race and colour.

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It is a criminal offence for a newspaper to publish an article which is held by the court to have harmed relations between whites and Africans because it used strong language to assert that apartheid is unjust to the African people.

The South African Publications Control Board may, by notice in the Government Gazette prohibit the importation into South Africa of all books (other than those for which it chooses to issue a special permit) published by a specified publisher, if it is of the opinion that such books are likely to create the impression that apartheid is unjust to the non-white people of South Africa.

If an African has received a letter from another African asking him to join in a peaceful demonstration against unjust apartheid laws, his premises may be searched at any time on a warrant issued by a magistrate for evidence that an offence has been committed.

If such letter was typed, the typewriter may be seized and delivered to a magistrate who may order that it be destroyed.

Any African born outside South Africa (even though he has lived in South Africa for 50 years and has not committed an offence) may be declared to be an undesirable inhabitant.

An African who writes "Down with Apartheid" on the wall of the house of any person, is guilty of a criminal offence.

If one issue of a weekly magazine published in South Africa has been held to be undesirable, and the Publications Control Board is of the opinion that every subsequent issue is likely to be undesirable, all future issues of the magazine may be prohibited as undesirable, by notice in the Government Gazette.

The Rule of Law

An African who has been required by an order of Court to leave a certain area must do so, and no Court of law may grant an injunction preventing such removal, nor may appeal or review proceedings stay or suspend such removal, even when it has been established beyond all doubt that the order of Court was intended for some other person and was served upon him in error.

Any person who breaks the window of a building (including a private residence) in the course of a demonstration calling for the grant of increased rights to the African people, is guilty of the offence of sabotage, unless he proves that his act was not calculated or intended to encourage feelings of hostility between white persons and Africans. The offence is punishable by sentence of death.

Any person who advocates military intervention by the United Nations in Namibia (South West Africa) is guilty of a criminal offence punishable by imprisonment for not less than 5 years or by death.

No person other than the Minister of Justice or an official may have access to such detained person, nor is any person (not even members of his immediate family) entitled to any information as to what has happened to him or where he is.

No court of law may order the release of such detainee or pronounce upon the validity of any action which has been taken against him.

An African living in a Bantu area may not, without special permission to do so, carry a knife whose blade is more than 3½ inches long, while outside the allotment on which he resides. If he does he is guilty of a criminal offence punishable by a fine of not more than $280 or imprisonment for not longer than 12 months, or a whipping, or both imprisonment and a whipping.

Reprinted from the UNESCO Courier.