DOCSLIB.ORG

Segregation and Apartheid in Twentieth-Century South Africa

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Segregation and Apartheid in Twentieth-Century South Africa SEGREGATION AND APARTHEID IN TWENTIETH-CENTURY SOUTH AFRICA ‘This is an outstanding collection…gathering the harvest of twenty years of intense scholarly and political debate. Jim Campbell, Northwestern University, Illinois ‘Well-known to South Africanists as individual contributions, this collection of seminal essays deserves, and will now find, a wider and more multidisciplinary audience.’ C.R.D.Halisi, Indiana University Beinart and Dubow’s selection of some of the most important essays on racial segregation and apartheid in twentieth-century South Africa provides an unparalleled introduction to this contentious and absorbing subject. The volume includes: • a specially written introduction by the editors which contextualizes the historiographical controversy, taking into account the 1994 election and associated changes; • explanatory notes and article summaries to improve the accessibility of the material; • a glossary of unusual terms to facilitate understanding. William Beinart is Reader in History at the University of Bristol. Saul Dubow is Lecturer in History at the School of African and Asian Studies, University of Sussex. Rewriting Histories Rewriting Histories focuses on historical themes where standard conclusions are facing a major challenge. Each book presents 8 to 10 papers (edited and annotated where necessary) at the forefront of current research and interpretation, offering students an accessible way to engage with contemporary debates. Series editor Jack R.Censer is Professor of History at George Mason University REWRITING HISTORIES Series editor: Jack R.Censer Already published THE INDUSTRIAL REVOLUTION AND WORK IN NINETEENTH-CENTURY EUROPE Edited by Lenard R.Berlanstein SOCIETY AND CULTURE IN THE SLAVE SOUTH Edited by J.William Harris ATLANTIC AMERICAN SOCIETIES From Columbus through Abolition Edited by J.R.McNeill and Alan Karras GENDER AND AMERICAN HISTORY SINCE 1890 Edited by Barbara Melosh DIVERSITY AND UNITY IN EARLY NORTH AMERICA Edited by Philip D.Morgan Forthcoming NAZISM AND GERMAN SOCIETY 1933–1945 Edited by David Crew SEGREGATION AND APARTHEID IN TWENTIETH- CENTURY SOUTH AFRICA Edited by William Beinart and Saul Dubow London and New York First published 1995 by Routledge 11 New Fetter Lane, London EC4P 4EE This edition published in the Taylor & Francis e-Library, 2003. Simultaneously published in the USA and Canada by Routledge 29 West 35th Street, New York, NY 10001 Editorial contributions © 1995 William Beinart and Saul Dubow © 1995 Individual contributions All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloguing in Publication Data Segregation and apartheid in twentieth-century South Africa/edited by William Beinart and Saul Dubow. p. cm.—(Rewriting histories) Includes bibliographical references. 1. Apartheid—South Africa. 2. South Africa—Race relations. 3. South Africa—History—1909–1961. 4. South Africa— History—1960– I. Beinart, William. II. Dubow, Saul. III. Series. DT1757.S44 1995 323.1'68'0904–dc20 94–36134 ISBN 0-203-42544-8 Master e-book ISBN ISBN 0-203-73368-1 (Adobe eReader Format) ISBN 0-415-10356-8 (hbk) ISBN 0-415-10357-6 (pbk) CONTENTS Series editor’s preface vii List of tables and maps xi INTRODUCTION: The historiography of segregation and apartheid 1 William Beinart and Saul Dubow 1 THE SANITATION SYNDROME: Bubonic plague and urban native policy in the Cape Colony, 1900–09 25 Maynard W.Swanson 2 BRITISH HEGEMONY AND THE ORIGINS OF SEGREGATION IN SOUTH AFRICA, 1901–14 43 Martin Legassick 3 CAPITALISM AND CHEAP LABOUR POWER IN SOUTH AFRICA: From segregation to apartheid 60 Harold Wolpe 4 NATAL, THE ZULU ROYAL FAMILY AND THE IDEOLOGY OF SEGREGATION 91 Shula Marks 5 MARXISM, FEMINISM AND SOUTH AFRICAN STUDIES 118 Belinda Bozzoli 6 THE ELABORATION OF SEGREGATIONIST IDEOLOGY 145 Saul Dubow v CONTENTS 7 CHIEFTAINCY AND THE CONCEPT OF ARTICULATION: South Africa circa 1900–50 176 William Beinart 8 THE GROWTH OF AFRIKANER IDENTITY 189 Hermann Giliomee 9 THE MEANING OF APARTHEID BEFORE 1948: Conflicting interests and forces within the Afrikaner Nationalist alliance 206 Deborah Posel 10 DISPLACED URBANIZATION: South Africa’s rural slums 231 Colin Murray 11 ETHNICITY AND PSEUDO-ETHNICITY IN THE CISKEI J.B.Peires Glossary 285 vi SERIES EDITOR’S PREFACE Rewriting history, or revisionism, has always followed closely in the wake of history writing. In their efforts to re-evaluate the past, professional as well as amateur scholars have followed many approaches, most commonly as empiricists, uncovering new information to challenge earlier accounts. Historians have also revised previous versions by adopting new perspectives, usually fortified by new research, which overturn received views. Even though rewriting is constantly taking place, historians’ attitudes towards using new interpretations have been anything but settled. For most, the validity of revisionism lies in providing a stronger, more convincing account that better captures the objective truth of the matter. Although such historians might agree that we never finally arrive at the ‘truth’, they believe it exists and over time may be better approximated. At the other extreme stand scholars who believe that each generation or even each cultural group or subgroup necessarily regards the past differently, each creating for itself a more usable history. Although these latter scholars do not reject the possibility of demonstrating empirically that some contentions are better than others, they focus upon generating new views based upon different life experiences. Different truths exist for different groups. Surely such an understanding, by emphasizing subjectivity, further encourages rewriting history. Between these two groups are those historians who wish to borrow from both sides. This third group, while accepting that every congeries of individuals sees matters differently, still wishes somewhat contradictorily to fashion a broader history that incorporates both of these particular visions. Revisionists who stress empiricism fall into the first of the three camps, while others spread out across the board. vii SERIES EDITOR’S PREFACE Today the rewriting of history seems to have accelerated to a blinding speed as a consequence of the evolution of revisionism. A variety of approaches has emerged. A major factor in this process has been the enormous increase in the number of researchers. This explosion has reinforced and enabled the retesting of many assertions. Significant ideological shifts have also played a major part in the growth of revisionism. First, the crisis of Marxism, culminating in the events in Eastern Europe in 1989, has given rise to doubts about explicitly Marxist accounts. Such doubts have spilled over into the entire field of social history which has been a dominant subfield of the discipline for several decades. Focusing on society and its class divisions implied that these are the most important elements in historical analysis. Because Marxism was built on the same claim, the whole basis of social history has been questioned, despite the very many studies that directly had little to do with Marxism. Disillusionment with social history simultaneously opened the door to cultural and linguistic approaches largely developed in anthropology and literature. Multi-culturalism and feminism further generated revisionism. By claiming that scholars had, wittingly or not, operated from a white European/American male point of view, newer researchers argued that other approaches had been neglected or misunderstood. Not surprisingly, these last historians are the most likely to envision each subgroup rewriting its own usable history, while other scholars incline towards revisionism as part of the search for some stable truth. Rewriting Histories will make these new approaches available to the student population. Often new scholarly debates take place in the scattered issues of journals which are sometimes difficult to find. Furthermore, in these first interactions, historians tend to address one another, leaving out the evidence that would make their arguments more accessible to the uninitiated. This series of books will collect in one place a strong group of the major articles in selected fields, adding notes and introductions conducive to improved understanding. Editors will select articles containing substantial historical data, so that students—at least those who approach the subject as an objective phenomenon—can advance not only their comprehension of debated points but also their grasp of substantive aspects of the subject. The study of segregation and apartheid provides a long history of revisions of common understandings. Scholarly opinion had viii SERIES EDITOR’S PREFACE held that forms of white domination related particularly to the racism of the Afrikaner population. More recently, historians pointed to British culpability and economic motivations. While historians have not abandoned these last two factors, this volume emphasizes both the role of ideas and the ability of black South Africans to resist control. Also included are essays documenting the ironies and contradictory effects of segregation and apartheid.
Load more

Recommended publications
  • Blacks and Asians in Mississippi Masala, Barriers to Coalition Building
    Both Edges of the Margin: Blacks and Asians in Mississippi Masala, Barriers to Coalition Building Taunya Lovell Bankst Asians often take the middle position between White privilege and Black subordination and therefore participate in what Professor Banks calls "simultaneous racism," where one racially subordinatedgroup subordi- nates another. She observes that the experience of Asian Indian immi- grants in Mira Nair's film parallels a much earlier Chinese immigrant experience in Mississippi, indicatinga pattern of how the dominantpower uses law to enforce insularityamong and thereby control different groups in a pluralistic society. However, Banks argues that the mere existence of such legal constraintsdoes not excuse the behavior of White appeasement or group insularityamong both Asians and Blacks. Instead,she makes an appealfor engaging in the difficult task of coalition-buildingon political, economic, socialand personallevels among minority groups. "When races come together, as in the present age, it should not be merely the gathering of a crowd; there must be a bond of relation, or they will collide...." -Rabindranath Tagore1 "When spiders unite, they can tie up a lion." -Ethiopian proverb I. INTRODUCTION In the 1870s, White land owners recruited poor laborers from Sze Yap or the Four Counties districts in China to work on plantations in the Mis- sissippi Delta, marking the formal entry of Asians2 into Mississippi's black © 1998 Asian Law Journal, Inc. I Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law. The author thanks Muriel Morisey, Maxwell Chibundu, and Frank Wu for their suggestions and comments on earlier drafts of this Article. 1.
    [Show full text]
  • PUTCO PROPERTIES LIMITED ANNUAL REPORT 2005 PUTCO PROPERTIES LIMITED Incorporated in the Republic of South Africa (Reg No 1988/001085/06)
    PUTCO PROPERTIES LIMITED ANNUAL REPORT 2005 PUTCO PROPERTIES LIMITED Incorporated in the Republic of South Africa (Reg No 1988/001085/06) EIGHTEENTH ANNUAL REPORT For the year ended 30 June 2005 Contents Directorate and Secretary 1 Shareholders’ diary 1 Analysis of shareholding 2 Corporate governance report 3 Chairman’s statement 5 Group value added statement 6 Directors’ statement of responsibility 7 Secretary’s statement 7 Report of independent auditors 8 Directors’ report 9 Income statements 10 Balance sheets 11 Statements of changes in equity 12 Cash flow statements 13 Accounting policies 14 Notes to the annual financial statements 16 Interest in subsidiaries 21 Dividend announcement 21 Notice of annual general meeting 33 Proxy form for annual general meeting 35 CIRCULAR RE PROPOSED NAME CHANGE Circular re proposed name change 22 Form of surrender (Pink) 31 Putco Properties Limited Annual Report 2005 DIRECTORATE AND SECRETARY Directors Dr J H de Loor (Chairman and Independent non-executive) (Appointed 1 July 2003 and resigned 30 September 2004) A B Adrian (Chairman and Independent non-executive) (Appointed 30 September 2004) A Carleo (Chief Executive Officer) E M R L Oldham (Managing Director) B C Carleo (Non-executive) L A Carleo (Non-executive) (Resigned 30 September 2004) F G Pisapia (Non-executive) (Appointed 16 September 2003 and resigned 30 September 2004) A L Carleo-Novello (Non-executive) – alternate to L A Carleo (Resigned 30 September 2004) P Senatore (Non-executive) (Appointed 30 September 2004) P Nucci (Independent non-executive)
    [Show full text]
  • A Look at the Coloured Community
    NOT FOR PUBLICATION INSTITUTE OF CURRENT WORLD AFFAIRS JCB-10- A Look at the 16 Dan Pienaaz Road Coloued Commun_ ty Duzban, Nat al Republic of South Africa June 1st, 1962 Ir. Richard Nolte Institute of Current World Affairs 66 ladison Avenue New York 17, Iew York Dear ir. Nolte: There are many interesting parallels between the South African Coloured people and the Nnerican Negro. Each is a group today only because colour singles them out for dis- crimination. They each have developed a culture that has little in common with that of the tribal African. And perhaps their most striking s iw.ilarity'lies in their mutual desire for full cit.zenship in their respective countries. However, while the position of the Negro ]as improved considerably in the last fifteen years the opposite has been true in South Africa. e Coloured population has not yet reached tle toint where they have a strong group consciousness, nor do they have the hope of a national government implementing a consti- tution in which their rights are fully guaranteed. They lack what ot-er South African racial groups have and that is a distinct cultural identity of their own. Their culture is that of the White South African, especially the Afrikaner. Even the Cape Malays, who with trei: loslem faith are about the most 'foreign' of the Coloureds, speak Afrikaans. Because there is so little difference in culture, light skins have made possible easy entry into the hite community. One social worker estimates that in recent years 25,000 have left the Cape to establish White identities in the Transvaal.
    [Show full text]
  • Click Here to Download
    The Project Gutenberg EBook of South Africa and the Boer-British War, Volume I, by J. Castell Hopkins and Murat Halstead This eBook is for the use of anyone anywhere at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.org Title: South Africa and the Boer-British War, Volume I Comprising a History of South Africa and its people, including the war of 1899 and 1900 Author: J. Castell Hopkins Murat Halstead Release Date: December 1, 2012 [EBook #41521] Language: English *** START OF THIS PROJECT GUTENBERG EBOOK SOUTH AFRICA AND BOER-BRITISH WAR *** Produced by Al Haines JOSEPH CHAMBERLAIN, Colonial Secretary of England. PAUL KRUGER, President of the South African Republic. (Photo from Duffus Bros.) South Africa AND The Boer-British War COMPRISING A HISTORY OF SOUTH AFRICA AND ITS PEOPLE, INCLUDING THE WAR OF 1899 AND 1900 BY J. CASTELL HOPKINS, F.S.S. Author of The Life and Works of Mr. Gladstone; Queen Victoria, Her Life and Reign; The Sword of Islam, or Annals of Turkish Power; Life and Work of Sir John Thompson. Editor of "Canada; An Encyclopedia," in six volumes. AND MURAT HALSTEAD Formerly Editor of the Cincinnati "Commercial Gazette," and the Brooklyn "Standard-Union." Author of The Story of Cuba; Life of William McKinley; The Story of the Philippines; The History of American Expansion; The History of the Spanish-American War; Our New Possessions, and The Life and Achievements of Admiral Dewey, etc., etc.
    [Show full text]
  • Human Rights Violations in Apartheid South Africa
    southern africa PERSPECTIVE, No. 1/83 HUMAN RIGHTS VIOLATIONS IN APARTHEID SOUTH AFRICA In 1982, the South African Government bought space in the Wall Street Journal for 13 ads at $24,000 each. A similar series in the Washington Post cost between $5,200 and $7,200 an ad. All ads showed blacks and whites together in settings implying full equality, as lawyers, students, sportsmen. The ads are part of a sophisticated prop aganda effort which is pushing "the changing face of South Africa." What is not changing in South Africa is the white minority government's commit ment to apartheid. This brief survey of human rights violations demonstrates that what is changing is only the particular methods employed to continue the policy of apartheid. The overwhelming majority of South Africa's people are victims of a racist system which inflicts deprivation, fear and oppression. Those who protest face detention, torture, imprisonment and even death. The Africa Fund (associated with the American Committee on Africa) 198 Broadway 9 New York, NY 10038 POLITICAL CONTROL In South Africa the ruling parliament is elected solely by white voters. Blacks*, who outnumber whites by five to one, are completely disenfranchised. Under new constitutional proposals for a tri cameral parliament, those designated as Coloureds and Indians will be given separate institutions with the whites retaining the monopoly of power. The white chamber will have the largest number of members and will dominate the process of electing a president who will have wide-ranging executive power. The African majority remains totally excluded from this new structure.
    [Show full text]
  • The Black Sash
    THE BLACK SASH THE BLACK SASH MINUTES OF THE NATIONAL CONFERENCE 1990 CONTENTS: Minutes Appendix Appendix 4. Appendix A - Register B - Resolutions, Statements and Proposals C - Miscellaneous issued by the National Executive 5 Long Street Mowbray 7700 MINUTES OF THE BLACK SASH NATIONAL CONFERENCE 1990 - GRAHAMSTOWN SESSION 1: FRIDAY 2 MARCH 1990 14:00 - 16:00 (ROSEMARY VAN WYK SMITH IN THE CHAIR) I. The National President, Mary Burton, welcomed everyone present. 1.2 The Dedication was read by Val Letcher of Albany 1.3 Rosemary van wyk Smith, a National Vice President, took the chair and called upon the conference to observe a minute's silence in memory of all those who have died in police custody and in detention. She also asked the conference to remember Moira Henderson and Netty Davidoff, who were among the first members of the Black Sash and who had both died during 1989. 1.4 Rosemary van wyk Smith welcomed everyone to Grahamstown and expressed the conference's regrets that Ann Colvin and Jillian Nicholson were unable to be present because of illness and that Audrey Coleman was unable to come. All members of conference were asked to introduce themselves and a roll call was held. (See Appendix A - Register for attendance list.) 1.5 Messages had been received from Errol Moorcroft, Jean Sinclair, Ann Burroughs and Zilla Herries-Baird. Messages of greetings were sent to Jean Sinclair, Ray and Jack Simons who would be returning to Cape Town from exile that weekend. A message of support to the family of Anton Lubowski was approved for dispatch in the light of the allegations of the Minister of Defence made under the shelter of parliamentary privilege.
    [Show full text]
  • A Short History of Amabhele
    A Short History of AmaBhele As a clan, amaBhele have a long and vast history, which links them to other various Nguni language-speaking groups who are understood to have once lived in the central African region many centuries ago before they set on a long southward migration until they eventually settled along the east coast of what is now known as South Africa. This discussion serves as a short summary of this vast history. The main emphasis is on the period from the late 1700s and early-to-mid- 1800s when the clan was divided (or got separated) into numerous sections thereafter; and highlights how they were differently affected by the course of history from that period. As is customary with other Nguni clans, amaBhele got their clan name from one particular ‘Bhele’ who lived approximately four centuries ago. Not much information is known about ‘Bhele’ himself - except that the members of “Bhele’s” family later became known as amaBhele, and that they later grew and expanded to become a large clan. It is to the same ‘Bhele’ that abakwaNtshangase (distinct from Ntshangase/Mgazi), abakwaKhuboni and abakwaShabangu, respectively, also trace their descent. The circumstances around which these three above-mentioned sections separated from their parent clan, amaBhele, are not known. It is probably that there are other surnames that also historically derived from amaBhele (or ‘Bhele’). But for the purposes of this brief summary only these three are mentioned at this point because information concerning them is easy to verify and trace through a careful analysis of the information obtained from traditional African oral history pending a more in-depth inquiry.
    [Show full text]
  • Reflections on Apartheid in South Africa: Perspectives and an Outlook for the Future
    DOCUMENT RESUME ED 415 168 SO 028 325 AUTHOR Warnsley, Johnnye R. TITLE Reflections on Apartheid in South Africa: Perspectives and an Outlook for the Future. A Curriculum Unit. Fulbright-Hays Summer Seminar Abroad 1996 (South Africa). INSTITUTION Center for International Education (ED), Washington, DC. PUB DATE 1996-00-00 NOTE 77p. PUB TYPE Guides Classroom Teacher (052) EDRS PRICE MF01/PC04 Plus Postage. DESCRIPTORS *African Studies; *Apartheid; Black Studies; Foreign Countries; Global Education; Instructional Materials; Interdisciplinary Approach; Peace; *Racial Discrimination; *Racial Segregation; Secondary Education; Social Studies; Teaching Guides IDENTIFIERS African National Congress; Mandela (Nelson); *South Africa ABSTRACT This curriculum unit is designed for students to achieve a better understanding of the South African society and the numerous changes that have recently, occurred. The four-week unit can be modified to fit existing classroom needs. The nine lessons include: (1) "A Profile of South Africa"; (2) "South African Society"; (3) "Nelson Mandela: The Rivonia Trial Speech"; (4) "African National Congress Struggle for Justice"; (5) "Laws of South Africa"; (6) "The Pass Laws: How They Impacted the Lives of Black South Africans"; (7) "Homelands: A Key Feature of Apartheid"; (8) "Research Project: The Liberation Movement"; and (9)"A Time Line." Students readings, handouts, discussion questions, maps, and bibliography are included. (EH) ******************************************************************************** Reproductions supplied by EDRS are the best that can be made from the original document. ******************************************************************************** 00 I- 4.1"Reflections on Apartheid in South Africa: Perspectives and an Outlook for the Future" A Curriculum Unit HERE SHALL watr- ALL 5 HALLENTOEQUALARTiii. 41"It AFiacAPLAYiB(D - Wad Lli -WIr_l clal4 I.4.4i-i PERMISSION TO REPRODUCE AND DISSEMINATE THIS MATERIAL HAS BEEN GRANTED BY (4.)L.ct.0-Aou-S TO THE EDUCATIONAL RESOURCES INFORMATION CENTER (ERIC) Johnnye R.
    [Show full text]
  • RACIAL SEGREGATION and the ORIGINS of APARTHEID, 1919--36 Racial Segregation and the Origins of Apartheid in South Africa, 1919-36
    RACIAL SEGREGATION AND THE ORIGINS OF APARTHEID, 1919--36 Racial Segregation and the Origins of Apartheid in South Africa, 1919-36 Saul Dubow, 1989 Palgrave Macmillan ISBN 978-1-349-20043-6 ISBN 978-1-349-20041-2 (eBook) DOI 10.1007/978-1-349-20041-2 © Saul Dubow, 1989 Softcover reprint ofthe hardcover Ist edition 1989 All rights reserved. For information, write: Scholarly and Reference Division, St. Martin's Press, Inc., 175 Fifth Avenue, New York, N.Y. 10010 First published in the United States of America in 1989 ISBN 978-0-312-02774-2 Library of Congress Cataloging-in-Publication Data Racial segregation and the origins of apartheid in South Africa. 1919-36/ Sau1 Dubow. p. cm. Bibliography: p. Includes index. ISBN 978-0-312-02774-2 1. Apartheid-South Africa-History-20th century. I. Dubow, Saul. DT763.R34 1989 88-39594 968.05'3--dc19 CIP Contents Pre/ace vii List 0/ Abbreviations x Introduction 1 PART I 1 The Elaboration of Segregationist Ideology, c. 1900-36 21 1 Early Exponents of Segregation 21 2 'Cultural Adaptation' 29 3 Segregation after the First World War 39 4 The Liberal Break with Segregation 45 2 Segregation and Cheap Labour 51 1 The Cheap-Iabour Thesis 51 2 The Mines 53 3 White Labour 56 4 Agriculture 60 5 The Reserves 66 6 An Emergent Proletariat 69 PART 11 3 Structure and Conßict in the Native Affairs Department 77 1 The Native Affairs Department (NAD) 77 2 Restructuring the NAD: the Public Service Commission, 1922-3 81 3 Conftict within the State and the Native Administration Bill ~ 4 'Efficiency', 'Economy' and 'Flexibility'
    [Show full text]
  • What Anti-Miscegenation Laws Can Tell Us About the Meaning of Race, Sex, and Marriage," Hofstra Law Review: Vol
    Hofstra Law Review Volume 32 | Issue 4 Article 22 2004 Love with a Proper Stranger: What Anti- Miscegenation Laws Can Tell Us About the Meaning of Race, Sex, and Marriage Rachel F. Moran Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlr Part of the Law Commons Recommended Citation Moran, Rachel F. (2004) "Love with a Proper Stranger: What Anti-Miscegenation Laws Can Tell Us About the Meaning of Race, Sex, and Marriage," Hofstra Law Review: Vol. 32: Iss. 4, Article 22. Available at: http://scholarlycommons.law.hofstra.edu/hlr/vol32/iss4/22 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Review by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact lawcls@hofstra.edu. Moran: Love with a Proper Stranger: What Anti-Miscegenation Laws Can Tel LOVE WITH A PROPER STRANGER: WHAT ANTI-MISCEGENATION LAWS CAN TELL US ABOUT THE MEANING OF RACE, SEX, AND MARRIAGE Rachel F. Moran* True love. Is it really necessary? Tact and common sense tell us to pass over it in silence, like a scandal in Life's highest circles. Perfectly good children are born without its help. It couldn't populate the planet in a million years, it comes along so rarely. -Wislawa Szymborskal If true love is for the lucky few, then for the rest of us there is the far more mundane institution of marriage. Traditionally, love has sat in an uneasy relationship to marriage, and only in the last century has romantic love emerged as the primary, if not exclusive, justification for a wedding in the United States.
    [Show full text]
  • Inkanyiso OFC 8.1 FM.Fm
    21 The suppression of political opposition and the extent of violating civil liberties in the erstwhile Ciskei and Transkei bantustans, 1960-1989 Maxwell Z. Shamase 1 Department of History, University of Zululand ShamaseM@unizulu.ac.za This paper aims at interrogating the nature of political suppression and the extent to which civil liberties were violated in the erstwhile Ciskei and Transkei. Whatever the South African government's reasons, publicly stated or hidden, for encouraging bantustan independence, by the time of Ciskei's independence ceremonies in December 1981 it was clear that the bantustans were also to be used as a more brutal instrument for suppressing opposition. Both Transkei and Ciskei used additional emergency-style laws to silence opposition in the run-up to both self- government and later independence. By the mid-1980s a clear pattern of brutal suppression of opposition had emerged in both bantustans, with South Africa frequently washing its hands of the situation on the grounds that these were 'independent' countries. Both bantustans borrowed repressive South African legislation initially and, in addition, backed this up with emergency-style regulations passed with South African assistance before independence (Proclamation 400 and 413 in Transkei which operated from 1960 until 1977, and Proclamation R252 in Ciskei which operated from 1977 until 1982). The emergency Proclamations 400, 413 and R252 appear to have been retained in the Transkei case and introduced in the Ciskei in order to suppress legal opposition at the time of attainment of self-government status. Police in the bantustans (initially SAP and later the Transkei and Ciskei Police) targeted political opponents rather than criminals, as the SAP did in South Africa.
    [Show full text]
  • Law and Post-Apartheid South Africa
    Fordham International Law Journal Volume 12, Issue 3 1988 Article 2 Law and Post-Apartheid South Africa Winston P. Nagan∗ ∗ Copyright c 1988 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj Law and Post-Apartheid South Africa Winston P. Nagan Abstract This Article examines South African perspectives on the legal system within South Africa post-Apartheid, in particular the new focus on human rights. LAW AND POST-APARTHEID SOUTH AFRICAt Winston P. Nagan* Introduction ............................................ 400 I. Law and the Unjust State ........................ 402 II. Post-Colonialism and the South African State .... 404 III. Theoretical Concerns About the Problem of P ow er ........................................... 406 IV. The Relevance of the Power Process to Constitutional Law ............................... 408 V. Conflict-Consensus, Pluralism, and the Constitutive Process ............................. 409 VI. Changes in the South African Power Process as Indicators of a Trend Towards an Alternative Legal O rder ..................................... 413 VII. The South African Power Processes .............. 413 VIII. Prescription as a Norm-Generating Process ...... 415 IX. Trends in Constitutive Expectations About Liberation and Human Rights in South Africa ... 418 A. The Altantic Charter ........................ 418 B. The Freedom Charter (1955) ................ 421 C. The UDF Declaration ...................... 425 D. Constitutional Guidelines for a Democratic South A frica ................................ 427 X . A ppraisal ........................................ 433 The Struggle and the Future Legal Order: Concluding Considerations ............... ......... 436 Appendix A: The Freedom Charter .................... 439 t This Article is based on a speech that was given at the University of Pittsburgh on March 18, 1988. The views expressed are personal to the author. * Professor of I.aw, University of Florida.
    [Show full text]