page 12

Race Laws

The aim of this page is provide a clear and accurate description of apartheid. Since the present South African government came to power in 1948, a vast body of legislative enactments has come into existence designed to give effect to the new policy of apartheid. These constitute the legal apparatus which regulates the daily lives of more than four fifths of the population of South Africa (i.e. the 20.7 million Blacks).

The race legislation is marked by its complexity, so we have tried to convey clearly what the South African race laws in fact are, and that they will not - to recall and adapt the words of Alan Paton - "try to say what apartheid is, or to argue whether it is magnificently bene-volent or unspeakedly inhumane, or whether it is evil or merely impossible" but merely give examples of what it can do to human beings.

Homes, Family and Residence

1	An African who has resided since birth and without interruption in a town is not entitled as of right to have living with him in that town a married daughter, a son who has reached the age of 18, a niece, a nephew or a grandchild for more than 72 hours.
2	Even if an African was born in a town, has lived then continuously for up to 14 years and has worked continuously for the same employer for 9 years, his wife commits a criminal offence by living with him for more than 72 hours, if she has not received a permit to do so.
3	An African who has lived and worked continuously for 50 years in the town in which he was horn may be removed from that town, if, in the opinion of the Minister of Bantu Administration and Development, the number of Africans in the town is "in excess of the reasonable labour requirements'" of the area. The official term for such persons is "redundant Bantu".
4	An African who has received permission to be in a town for more than 72 hours must have an endorsement in his reference book which includes statements of the purpose for which and the period during which his is permitted to remain, and the person by shom, and the class of work in which he may be employed. Contravention of any of the terms of such permission is a criminal offence.
5	The licence granted to a white person wishing to accomodate Africans on his premises is "endorsed with the maximum number and sex" of the Africans permitted to occupy each room in the premises.
6	Such licence must be produced by the holder on demand "to any white member of the South African police".

Movement

7

Every African over the age of 16 must be in possession of a reference book. Any policeman may at any time call on any African to produce this book. An African who is unable to do so because he has left it at home is guilty of a criminal offence punishable by a fine of up to R 20 or imprisonment of one month.

8

Any foreign black, including even a visiting black American, may be Stopped on the streets of South Africa by a policeman who believes that "he in appearance obviously is a member of an aboriginal race or tribe of Africa", and required to produce his reference book He will be presumed to be an African and therefore liable to arrest for failure to produce it, unless he proves that "he is not in fact and is not generally accepted as" a member of an aboriginal race or tribe of Africa.

Work

9	An African factory worker who calls on Other workers to strike for an increase in pay commits a Ciminal offence punishable by a fine not exceeding R 500 or imprisonment for not longer than three years, or both such fine and imprisonment.
10	An African employed in a supermarket who refuses to resume work which he has discontinued is guilty of a criminal offence.
11	An African may not, even as a personal favour and without receiving payment, repair a defective eletrical fitting in the living quarters of a friend who resides on his employer's premises as the job is classified as "skilled". If he does, he is guilty of a criminal offence punishable by a fine of up to R 200 or imprisonment for one year, or both.
12	A white person who pays his domestic servant for repairing a damaged roof in his home similarly commits a a criminal offence.
13	The Industrial conciliation Act, which is the South African law "relating to the registration and regulation of trade unions, and the prevention and settlement of disputes between employers and employees", defines "employee" as "any person other than an African employed by or working for an employer".
14	The Bantu Affairs Commissioner may cancel an African's contract of employment whenever he considers his "continued presence in any particular Bantu (i.e. African) quarters to be undesirable".

Education

15	No white man may spend a few hours each week in his own home voluntarily (caching his African servants to read. If he does so, he is guilty of a criminal offence.
16	An African religious minister who conducts regular classes for his congregation in which he teaches them to read the Bible is similarly guilty of a criminal offence.
17	A private correspondence college may not enrol an African as a student in any course without the permission of the Minister of Bantu Education. If it does so, it is guilty of a criminal offence.

Marriage, Assembly and Association

18	An African who has lived continuously for 50 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 7 2 hours.
19	It is unlawful for a white person and a black person to drink a cup of tea together in a cafe anywhere m South Africa unless they have obtained a special permit to do so.
20	If a speaker who is addressing a meeting says anything which causes any black member of the audience to use a post office counter which has been reserved for the exclusive use of white persons, as a way of protesting against the apartheid laws, such speaker commits a criminal offence punishable by a fine of up to R 1,000 or imprisonment for five years or up to ten strokes, or both such fine and whipping or both such imprisonment and whipping. In the case of a second or subsequent conviction the court may not impose only a fine but is obiliged to sentence the offender to imprisonment or to a whipping.
21	Marriage between whites and Coloured persons, Asians or Africans are prohibited. It" a marriage officer performs a marriage ceremony between a white man and a Coloured woman, for example, the latter having falsely represented that she is white, the marriage is void and of no effect.
22	If a white South African or a foreigner marries a Coloured woman abroad where such marriages are lawful, the marriage is void and of no effect in South Africa and the spouses may be prosecuted if they come to South Africa.

Opinion and Expression

23	A white man who tells a group of Africans that the apartheid laws are unjust and should be disobeyed is guilty of an offence punishable by a fine of up to R 200 or imprisonment for one year, or both.
24	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 offence is punishable, on first conviction, by a fine of between R 300 and R 500, or imprisonment for up to six months, or both. A second conviction is punishable by a fine of between R 1,000 and R 2.000 or imprisonment for up to six months, or both. A third or subsequent conviction is punishable by a fine of up to R 2,000 or imprisonment for not less than six months, or both.
25	The publisher of a magazine who has not received permission from the Commissioner of Prisons and who publishes the photograph of a prisoner, even if it was taken before his arrest is guilty of a criminal offence.
26	According to the law of South Africa, a person may be deemed to be a "communist" by the decision of an official (without a prior judicial hearing and without the "communist's" right of subsequent recourse to a court of law' on the ground that he has, at some time in the past, advocated or encouraged the objects of "communism".
27	According to south African law, "communism" includes "an doctrine or scheme which aims at the encouragement of feelings of histility between the European and non-European races of the Republic, the consequences of which are calculated to further the achievement' of the object of "bringing about any social change in the Republic by the threat of unalwful acts or omissions".
28	The Minister of Justice ma), by notice in writing, require any person who is a "communist" to resign, from any organization to which he belongs, to refrain from taking part in the activities of any other specified organizations, and to refrain from attending any gathering. Contravention of the terms of such notice is a criminal offense punishable by imprisonment for up to three months.
29	An African who writes "Down with Apartheid" on the wall of the house of any person is guilty of a criminal offence punishable by imprisonment for up to six months without the option of a fine.

The Rule of Law

30

If the Minister of Justice comes to the conclusion that a person is likely to encourage the achievement of any of the objects of "communism" (see 148) he may be notice to such person prohibit him for such period as he chooses to prescribe: (a) from being in any specified area; (b) from leaving his place of residence from dusk to dawn on week days and throughout Saturday afternoons, Sundays and public holidays ("house arrest"); (c) from receiving visitors in his home during the prescribed period: (d) from attending a concert, a lecture, or the wedding or funeral of a member of his family; and (e) continuing with his job if such job involved teaching or trade union activities.