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Salient. Victoria University Student Newspaper. Volume 33 No. 14. 1970

Courts May not Interfere

Courts May not Interfere

Photo of children playing with a doll

In terms of Section 5(1) of this Act, the State President may remove-any person or part of a tribe or tribe without notice from any one place in South Africa to any other place. The Court has no right to interfere. Under Act 64 of 1956 the Court cannot interdict, stay or suspend any such removal order.

The Bantu Trust and Land Act 18 of 1936 and the Bantu (Urban Areas) Consolidation Act 25 of 1945, as amended, completely regulates and controls the residence, employment and carrying on business or profession of any African and furthermore governs the following:
  • The right to be, remain, reside or be employed in certain areas.
  • To acquire any right to any land.
  • To determine the attendance by any Bantu at any Church or other religious service or Church function.
  • To govern the conducting of any school, hospital, club or similar institution attended by Bantu.
  • The attendance by any Bantu at any school, hospital, club or similar institution is regulated.
  • The attendance by any Bantu at any place of entertainment is regulated.
  • The holding of any meetings, assembly or gathering, including any social gathering, attended by Bantu is regulated, and the Minister is given powers to prevent the holding of meetings.
  • No Bantu may remain in any urban area for more than 72 hours without receiving permission from the authorities, and redundant Bantu may be ordered and escorted out of the area as well as idle or undesirable Bantu;

and these restrictions are regularly and daily enforced. 1,700 Africans are arrested daily throughout the country and over 1,000,000 Africans are involved annually in prosecutions under the pass laws.