Southern Africa Labour and Developrrent Research Unit
LI\BOUR PREFERENCE, INFLUX CCNrnOL AND sQUATrERS: CAPE Ta\N ENTERING THE 19805
Dudley Horner, editor
saldru Working Paper No. 50
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cape TC7NI'l July 1983 ~ I I 'i
ISBN 0 7992 0543 5 t------~----~---!..
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I must express my sincere thanks to. the following organisations and people: 'nle Black Sash Advice Office and particularly Ncel R:lbb and Val West for allONing us access to their dOCLmel1ts and for their friendly assistance; The South African Institute of Race Relations for acocmrodating us; my fellON exmtributors, Stephen Devereux, George Ellis, Delia Hendrie and Martin West, not only for their valuable contributions but also for their fOIDearance, too; Francis Wilson who provided the helpful :inpetus for the production of this dOCLmleIlt; and, Annette Than and Gordon Young without whose tolerant help it would not· have been produced at all. Dudley Horner TABLE OF CXNl'ENTS
Page INTRODUCI'ICliI 1
INFLUX CCNl'ROL IN THE CAPE PENINSUlA...... 15
'\ NYANGA EAST SQU~ : A SAMPLE SURVEY ••••••••••••••••••••• 37 REPORI' ••••••••••••••••••••••••••••••••••••••••••••••••• 38 Introduction •••..•.•.••...•...... •...... Surrmary of Results .••...... ••••..•.••...•••..... 39 Conclusion •.•..••.•.•...•...... ••••.•.•.•....•..... 45 TABLES...... 46
CASE STUDIES IN INFLUX CXNI'ROL IN THE WESTERN CAPE •••••••••• 53 Selected Cases •....••..•..•••.•..•....•...... •..•..•..• 55
NYANGA SQUATI'ER DIARY JULy 1981 - DECEMBER 1982 ...•.•....•. 64
THE COWURED LI\BOUR PREFERENCE POLICY: A CHRCNOL AFRICANS IN THE WES'l'ERN CAPE : A CHRCNOL BmLIcx;RAPHY •••••••••••••••••••••••••••••••••••••••••••••••• 116 TABLES INTRODUCTICliI Table 1 :Group Areas Resettlerrent of Cape Peninsula Families 5 Table 2 : 'Coloured' Squatter Huts in Cape Peninsula 7 Table 3 :Informal Settlerrents in the Cape Peninsula in the Mid-'Seventies 8 Table 4 : lMellings Canpleted in SpeCial • Coloured' Housing Schemes 1976-1982 9 INFLUX CXNI'ROL IN THE CAPE PENINSUlA Table 1 : Investigations by Police : Pass Laws 20 Table 2 :Pass Law Arrests by Police and Inspectors 20 Table 3 :Pass Arrests in the Major Centres 21 Table 4 :Pass Arrests of Waren in the Major Centres 21 Toole 5 : Influx Control Fines Paid by Employers and Individuals, Cape Peninsula 28 NYANGA EAST SQU~ : A SAMPLE SURVEY Table 1 :Sumnary Table of Length of Residence in Cape Town 46 Table 2 :Length of Residence in Cape TOIII1 46 Table 3 :Legal Status of Residents 48 Table 4 :Employrrent Status of Residents 49 Table 5 : Residential Area Before Caning to Cape 'l'cMr. 49 TABLES Continued Table 6 : Residential Area Before Caning to Cape Tovn of Persons Moving to Cape Tovn in Last Five Years 50 Table 7 :Marital Status of Residents 50 Table 8 :Married Waren Length of Residence in Cape Tovn of Husbands 51 51 ! • Table 9 :Married Waren ElTq:>loyrrent Status of Husbands Table 10 :Married Men : Place of Residence of Wife 52 Table 11 :Frequency Distribution of Number of QUldren 52 Table 12 :Number of Olildren 52 :Percentage Distribution of Length of Residence in Cape Town 40 :Residential Area (Town) Before Caning to Cape Tovn 42 Diagram :NlmtJer and Place of Residence of CASE STUDIFS IN INFIJJX CCN1'ROL IN THE WESTERN CI\PE Table 1 :Categories of Problem 1980-1 53 Table 2 :1\dvice Office Clients : Februaxy 1980 54 MAP Coloured Labour Preference Area Centrespread INTRODUCTICN Dudley Horner In its report for the period 1960-62 the then Departrrent of Bantu l'dministration and Developrrent proudly annoill1ced that 'An aITOill1t of R2 344 844 frClll National Housing IDans was spent on 3 558 houses and 4 lONer primaJ:y schools in Langa while R137 462 provided hostel acC Ignorance of the social forces at work in the process of urbanisation is a special plea which IlnlSt be disallONed the authorities as nore than two decades have elapsed since the Department of Bantu Administration and Developrent showed an admirably clear ill1derstanding of the fundamental issues involved: 'The shift in occupation of the working Bantu population and acccrnpanying process of urbanisation are fill1ctions of econClllic developrent •.. a shift has taken place in the process of developrrent frClll primaJ:y to secondary and tertiary activities which are mainly concentrated in the urban areas, with the result that an increasing proportion of the Republic's total Bantu population has settled in urban areas. ' 3 1. Deparbrent of Bantu Administration and Developrrent. Annual Report for the Period 1960-1962. R.P. 78/1964, p.4. 2. Ellis, George, et.al. The Squatter Problem in the Western Cape. .1 Johannesburg, South African Institute of Race Relations, 1977. I (see especially pp.114-119) . 3. Department of Bantu Administration and Developrent. Annual Report for the year 1963. R.P. 41/1965, p.3. j. 2 '!his frank acknowledgerrent of the, no doubt, unpalatable reality of ,the rI situation was contradicted simultaneously with the aninous annOilllcerrent that 'During the year under review this Division made a start with the t systematic implementation of the policy for the Western Province, I~ narrely that the Bantu labour there must be gradually replaced by Coloured labour, but not in such a wa:y as to dislocate the labour position •.. (my enphasis) ,.4 It is on this special aspect of the Verwoerdian grand design of Apartheid which the various dClCl.meIlts pre sented in this publication concentrate. While South ,Africa's present rulers pay lip-service to separate development and separate freedoms the older ideology is proving extraordinarily tenacious. As West (see page 16) indicates there is well-founded speculation that under lying the 'Coloured Labour Preference' policy is the hope of sore Cape Nationalist ideologues who 'envisage the Western Cape as' a potential white horeland of last resort'. '!be policy and the programne instituted to effect its goals require " , closer scrutiny than can be afforded here. Even a cursory examination, ha.ever,' reveals interesting facets. In 1951, Dr. 1.0. du PlesSiS, was appointed to the office of Ccmnissioner of Coloured Affairs.' He' was reputed to be extremely synpathetic to the 'coloured' people and in his first report on his activities made the following direct asser tion: 'One of the IlOSt serious problems facing the Coloured, and particularly the unskilled labourer, is the increased ccrnpetition by the large ntmibers of Natives who have entered the Cape Peninsula, in particular, and the Western Province in general - the traditional sphere of the Coloureds. '5 '!he 'traditional sphere of the Coloured' became a constant refrain in govemrrent reports, in the statements of politicians who were protagon ists of the principle of racial hierarchy and in the reports of govern rrent ccmnissions. Nevertheless this apparent concern for the welfare of 'coloured' people had not constrained these self-appointed protectors fran passing the Group Areas Act in 1950. '!his instrurtalt of Apartheid 4. Ibid. p.7. 5. Ccmnission for Coloured Affairs. Report for the year ended 31 March 1952. U.G. 45/1952 p.7. 3 was to exact an extrem=ly heavy price fran the group who were oste..'1- sibly the object of this special concern, particularly in the Western Cape - their 'traditional sphere'. 'Coloured Labour Preference' conveniently for the state, but very inconveniently for the Peninsula's African population, ignored the historical presence of the African who had been living and working in the area since the early nineteenth century (see West p. 15) . By 1900 approximately 10 000 Africans were living in the greater Cape T= area where 1 500 of them were an essential carponent of the work force in the docks. The first tONl1Ship in which they were housed, Ndabeni (previously Uitvlugt) was established in 1901 and Langa Town ship (planned in 1923) was opened in 1927 when 10 000 African residents of the Peninsula, constituting sane 12% of the errployees of private industry, were registered. The atterrpted rerroval of sane 3 000 Africans fran Cape TONI1 then had failed because of the deploynent of legally defective procedures (see Ellis p.l06). The rate of African urbanisation in Cape Town was bolstered during the Second World War when the state actively recruited large numbers of African -workers fran the Transkei and Ciskei to assist with construe- lion which was vital for the war effort. The authorities shirked the responsibility for housing these workers who built their own shanties in sane areas which have a disconcertingly familiar ring now: 6 aetreat, Vrygrond, Phillipi, Grassy Park and Elsie' s River. By the mid-'fifties Africans constituted 25-27% of private industry's errploy ees in :the \Estern Cape (see Ellis p.106) . Dlring the 'fifties the state made little actual progress with the re settlement of people disqualified fran being in certain group areas because the Cape TONI1 City Council refused its cc-operation on the grounds that the ilrplementation of the policy was ilrpossible without 7 causing great hardship to vast numbers of citizens. On the other hand Dr. VerlfXlerd (in 1954) and Dr. Eiselen (in 1955) outlined their plans for the onslaught on African family life in the Western Province (see Hendrie p. 95). The 'Eiselen line'becarre another catch-word in 6. Ellis, George, et.al. Op.cit. p.1l6. 7. Horrell, Muriel. The Group Areas Act : Its effect on htmlan beings. Johannesburg, South African Institute of Race Relations, 1956, p. 25. 4 the repertoire of Nationalist ideologues (see map centrespread). In spite of their clearly enunciated and ill-arened intentions, hCMever, the grand wizards of apartheid had not effectively equipped their arsenal of legislative and administrative rreasures with the necessary weapons to attack Cape Ta.m's African populace. By 1955 2 000 families were living in Langa and an errergency canp at Nyanga, while 2 000 were living on licensed premises. A further 10 000 families and 16 000 migrant workers were inhabiting shanty tONllS in the Peninsula (see Ellis p.l07). population pressure, cx:mbined with econcmic forces, obliged the authorities to establish Nyanga Ta.mship in 1957 (see Ellis p.l07). It was in the 'sixties and 'seventies that the state began, with the powers which it had arrogated to this end, to prosecute with zeal both its resettlem:mt programre in terms of the Group Areas Act and the 'Coloured L3bour Preference Policy' (sic). In 1961. the number of people whan the governrrent estimated would need to be relocated in the cape Peninsula am:runted to 106 177. Of the 'coloured' papuiation 94 148 (89% of the total to be rerroved) would endure disruption, while - 8 4 658 Asian people (4%), and 7 371 white people (7%) wouldbe affected. Astounding as this disparity was, the_ inequity was carpoundedbecause it appeared fran a comparison with official population data that approximately 52% of the small Asian population, 22~% of the majority 'coloured' group and only 2,4% of the white group would be forcibly relocated. Between the mid-'sixties and the early 'eighties, as Table 1 belOW'- shOW'S, it appears that approximately 261 332 'coloured', 13 406 Asian, and 1 068 white people have -been obliged by the state to locate them selves in the 'appropriate ~oup area,.9 A caTparison with 1980 Census data gives a rough estimate of 47%, of the Asian population, 30% of the 'coloured' population and less than 0,2% of the white population 'resettled' in their 'own' areas over two decades in greater Cape Ta.m. There is an obvious inference that many Asian and 'coloured' people have been rEm:lVed fran those informal settlerrents where they took possession of unoccupied land zoned for other purposes and erected rudimentary dwellings but others, particularly in the 'coloured' group ."~ 8. Horrell, MJriel. A Survey of Race Relations, 1961. Johannesburg, South African Institute of Race Relations, 1962. p.167 et sq. 9. I have used the rough rule of thunb of 4,5 IIBIi:Jers to an Asi~ family, 5,5 to a coloured, and 4 to a white to estimate numbers of people fran numbers of families. 5 have been cleared out of areas occupied by their forefathers for generations. ~ GroUP ARE'J\S RESEl'l'LEMENl' OF CAPE PENINSULA Fl\MILIES PERIOD EmlNIC GroUP llSIAN I COIJ:lJRED I WHITE 'ImAL 1/8/61 - 31/12/62 ? ? ? 1 565 1/1/63 - 31/12/63 16 2 098 13 2 127 1/1/64 - 31/12/64 13 2 161 4 2 178 1/1/65 - 31/12/65 76 6 771 21 6 868 1/1/66 - 31/12/66 15 919 20 954 1/1/67 - 31/12/67 10 2 343 - 2 353 1/1/68 - 31/12/68 51 1 962 - 2013 1/1/69 - 31/12/69 68 3 859 27 3 954 1/1/70 - 31/12/70 23 2 753 - 2 776 1/1/71 31/12/71 14 2 942 2 2 958 1/1/72 - 31/12/72 155 2 637 1 2 793 1/1/73 - 31/12/73 326 2 675 3 3 004 1/1/74 - 31/12/74 266 2 126 2 2 394 1/1/75 - 31/12/75 115 4 885 - 5 000 1/1/76 - 31/12/76 65 2 193 2 2 260 1/1/77 - 30/9/77 - 562 - 562 1/10/77 - 30/9/78 161 1 191 74 1 426 1/10/78 - 30/9/79 81 553 6 640 1/10/79 - 30/9/80 56 989 20 1 065 1/10/80 - 30/9/81 41 2 065 59 2 165 !/lO/81 - 30/9/82 1 427 1 831 13 3272 'IUl'ALS 2 979 47 515+ 267+ 52 326 Source: Annual Reports of the Depart:mant of camu.uuty Develc:prent. 6 Insofar as the African population of the peninsula was concerned, the goverrurent fleshed out its original plans between 1962 and 1969 (see Hendrie pp.96-100)envisaging a reduction in the labour ca!plerrent, the . freezing of further family housing and a particularly venomous policy again st the errployrrent of African wanen. Male migrants governed by a rigid quota system would still be permitted to work in those unskilled and semi-skilled occupations where the tasks were physically demanding and insalubrious but nonnal patterns of urbanisation where families joined those of their nenfolk in full-time errployrrent were to be heroically resisted. In 1960 the African population of Cape TOwn was officially estiInated at 75 200 in a census when serious underenurreration occurred. '!heir share of population a=ted for nearly 10% on this basis but allaNing for illegal residents, unrecorded, may have been as high as 15%. Despite the goals of the state programme a further township, Gugulethu, west of Nyanga was established in 1963 although the SiIrons tarm location was closed (see Ellis p.l07) . In this decade the state atterrpted with varying degrees of success to '. place an effective ceiling on African job advancerrent in. the area west of the Eiselen line which was twice extended further east until it embraced all but the Border Region of the Cape Province (see Hendrie I pp.96-100 and map centrespread). A bizarre elaboration of preferential I treatnent for • coloured' labour excluded Africans fram working inter alia 1;...,. as dares tic workers, gardeners, groans, and petrol pump attendants - (see Hendrie p.98). Anyone in the Peninsula requiring petrol fran a filling station can judge the success of 'job reservation' for petrol pump attendants for himself. For professional people such as highly qualified African nursing sisters the preferential policy has proved gravely disadvantageous. Given an already critical housing problem for all black groups the freezing of African family housing in 1966 appears a folly of almost superhuman madness. By 1971 economic forces had conpelled the state to make grudging con cessions on the application of the preferential policy in the Port Elizabeth/Uitenhage region (see Hendrie p.l00) and in June 1978 in the wake of the '!heron Ccmni.ssion report they ignominiously abandoned it altogether in this region. However this retreat appeard to release fresh emergy for renewing their onslaught in the rest of the 'Coloured l 7 Labour Preference' area and Il'Qre particularly in greater Cape To.m and its hinterland. ~ " By the mid-' seventies two of the fundarrental prograrmes in the Apartheid ,~ design for the Western cape - group areas relocation and labour preference - had given birth to a housing crisis which seened to call for divine intervention. For' ooloured' people in the Peninsula the Depart::nent of camumity Developtent set the shortage at 40 000 in 1974. Earlier, nention was made of the shanty ta.ms which aCCCilpCU1ied rapid urbanisation during World War II. The eighth decade of the twentieth-century was to give an evocative ring to suburbs notorious for man's inhumanity to man in bygone years. The naJreS of areas long-forgotten by zrost Cape tonians began to resound in their ears and indeed those of others, but new names gained notoriety: Crossroads, Modderdam, Werkgenot;,pnd Unibel and dozens of others. ~ 'COLaJRED' SQUATl'ER HT.Jl'S IN CAPE PENINSUIA NUMBER NUMBER DEM)L!SHED NOr PERIOO REX;ISl'ERED ANNUAL QlMUIATIVE DEMJLISHED 1 1/1/76 - 31/12/76 + -27 000 + 5 000 ? ? 1 5 752 (1 305) 2 (6 205) 2 1/1/77 - 30/9/77 ? , 1/10/77 - 30/9/78 24 036 2 445 8 750 15 466 ~: 1/10/78 - 30/9/79 26 257 4 430 13 180 13 077 " 1/10/79 - 30/9/80 26 530 3 028 16 208 10 322 1/10/80 - 30/9/81 30 103 2 728 18 936 11 167 1/10/81 - 30/9/82 27 116 2 047 20 983 6 133 "I"' ~: Annual Reports of the Departnent of Ccmnunity Develcpment. Notes: 1. City Council area only. 2. Inputed fran the series. As Table 2 shews the squatter shacks housing 'ooloured' families which their 'preferred area' apparently oouldn't acc:amodate llUlltiplied. All J over the Peninsula infonnal settlenents, sane excl11sively 'coloured', sane " " 8 ~ exclusively 'African' and sare a mix of ethnic groups, as defined by the pa.vers that be, mushroared. For the record it is infonnative to rec all the names of places where Cape Taom' s labouring pcor with con siderable ingenuity and incredible endurance provided rudiJrentary hares for their families in the face of brutal harassrrent by the authorities. Sere 58 unoccupied areas existed where pecple without fonnal hOUSing erected" shelters to protect their families from the elerrents. TABLE 3 INFOR-1AL SElTLEMENTS IN THE CAPE PENINSUlA IN THE MID-' SE\lENTIES j AREA AREA 1. AIRPORl' (At least 7 settlerrents 19. wrus RIVER (2 settlerrents) including Snake Park) 20. LalRDES FARM 2. ATHLONE (At least 4 settlerrents including Damages and New 21. METHOOIST MISSICN Fields) 22. MII.NERl'CN (At least 2 inclu- 3. BELLVILLE (At least 4 settle- ding Pctsdam) rrents including Belhar, 23. PHILADELPHIA M:ldderdarn, Unibel and 24. PHILIPPI Werk~ot) 'I , 4. BID'IN'S FARM 25. POLISMXlR I 5. CATO'S BtJ:X:K 26. RMPKRAAL 6. CIDSSROAOO 27. RAVENSMEAD 7. DIEP RIVER 28. RETREAT 8. EISIES RIVER 29. REDHILL , 9. GRASSY PARK (At least 2 30. RCtIDEI/LEI i ", including Strontyard) 3l. SHEJMOOD PARK 10. GUGULET.HU(At least 3 inclu- 32. SKANDAALOORP ding Kleins Farm and &limteweg) 33. SURREY ESTATE I 11. HARDE.VLEI 34. SWEEI'HCME FARM 12. HOlJI' BAY (known as Tucker's Grd) 35. VRYGIDID .. 36. WEL In 1975 there were 18 500 'coloured' families on the official waiting lists for economic housing in Cape Town and 5 700 on the sub-economic lists:O A crash housing programme to accommodate homeless 'coloured' people was initiated in 1975 in the two new group areas of Mitchell's Plain and Atlantis. The first houses at Mitchell's Plain were c0m pleted in 1976. In seven years, as Table 4 shONs, 29 690 houses were provided with National Housing loans. In 1976 a further 4 839 new units were built at Elsies River and progress was also made with the provision of housing at Belhar and Macassar. TABLE 4 rnELLINGS CXl>IPLETED IN SPECIAL 'COIDURED' HOUSING SCHEMES . 1976 - 1982 ( Cumulative) PERIOD MITCHELL'S PIAIN ATU\NTIS 1/1/76 - 31/12/76 1 243 - 1/1/77 - 30/9/77 2 129 609 1/10/77 - 30/9/78 6 100 1 994 1/10/78 - 30/9/79 12 481 3 361 1/10/79 - 30/9/80 18 450 3 760 1/10/80 - 30/9/81 21 243 3 949 1/10/81 - 30/9/82 25 295 4 395 Souroe: Annual Reports of the Departrrent of camu.mity Developrent. cape Town's chronic housing shortage reached grave proportions in 1976 with sorne 20 000 African squatters living in 13 canps, including the !lOSt notorious - Crossroads, containing 4 413 shanties. Not a single new housing unit had been built in the Peninsula's African Townships for two years. At the sarre t:irce 21 600 'coloured' families (about 108 300 people) were also squatting and the Departn~nt of Community Develq:mmt reported a housing shortage of 36 000 units for 'coloured' people. 10. 'lhanas, W.H. The Squatter Problem and the Prevention of Illegal Squatting Arrend!rent Act, 1976. Mineo. cape Town, Institute for Social Development, 1976. 10 The goverrurent arrended the Prevention of Illegal Squatting Act in 1976 and 1977 taking further powers to demolish squatter structures and in effect, with Notice 247 of 11 February 1977, applied a fonn of influx oontrol to 'ooloured' people wishing to enter -the Cape Penin . ~ . sula~l So much for preferential treatment! However, in spite of its remorseless policy the government was obliged to declare Crossroads an errergency camp and provide Sate interim relief. On the other hand, the status of Transkei Act oonferring 'independence' on Transkei was to have drastic consequences for many of Cape Tam's African people. The Theron Calrnission, with two notable dissentients,recc:mrended that the 'Coloured Labour Preference Area Policy' be reaffinned and the governrrent excluded the region fran hate ownership concessions granted to urban Africans in the rest of the country (see Hendrie p. 101) . By the end of December 1977 there were 10 091 houses and 35 285 hostel beds in the Peninsula African townships. For the first time in three years 5 new houses were built and 9 hostels were oonverted into 18 family units. On the other hand the skinnishes with squatters oon tinued and the settlerrent at Mooderdam Road housing sate 15 000 people was demolished (see Ellis pp.108-9) . Further housing was provided in Langa, Nyanga and Gugulethu in 1978 but the Western Cap: was excluded yet again fran the 99 year leasehold schemes granted in other urban areas and the authorities demoliShed Unibel squatter camp oontaining sate 11 000 people and threatened to do the same to Crossroads but deferred their decision (see Ellis pp.109-10) . However each ooncession wrested fran the government exacts a price. Levies on employers of African labour were set at much higher rates in the Western Cape than elsewhere to induce their ccmpliance wit..'1 the 'Coloured Labour Preference Policy' (see Hendrie p.102). New Crossroads township was announced in 1979 but fines for employers of 'illegal' African labour were increased and levies on employers of African labour were increased again with those for the Western Cape being substantially higher than those elsewhere (see Hendrie p.103) . 11. Horrell, Muriel. Race Relations as Regulated by Law in SOUHl Africa 1948-1979. Johannesburg, South African Institute of Race RelatiOns, 1982. pp.46-47. 11 By 1980 the official Peninsula population of 1 458 651 was carrposed of 171 021 Africans (12%), 14 422 Asians (1%), 801 574 'coloured' people (55%) and 471 629 white people (32%). The 'coloured' share in two decades had risen by 3%, the Asian had decreased slightly, the white had decreased by 5% and the African had increased by 2%. (There is a strong suspicion that there may have been underenurreration of the African and 'coloured' population because of the unrest in parts of Cape TOwn) • The Urban Foundation started a non-profit utility company to build houses in the African t.a.mships and the government granted it permission to use the thirty-year lease scherre but not the ninety-nine year scherre. plans for 2 575 houses at Ne M:Jre housing was provided in the Peninsula's African to.mships in 1981 with a further 209 houses being built and 250 single quarters being converted into family units. Housing stock stood at 14 229 family units plus 2 102 squatter dwellings housing 21 565 families, and 37 169 hostel beds. (On official data hOUSing density is thus about 9,4 people to a unit). In other words, between 1977, when building was resurred,and 1981 4 138 new houses and 1 884 hostel beds had been provided - a larrentable effort in the face of the chronic housing shortage (see Ellis p.ll1 ). In February 1981 the Langa authorities ignored the ruling in the Kanani case: so much for the rule of law! ,! ',i 12. FinanCial Mail, 24 July 1981. .' - 12 Mid-year, as has becare custanary in the Peninsula winter, the authorities launched their horrific onslaught on the Nyanga East squatters. Dever- eaux's Diary (see pp.64-94 ) records these chilling events succinctly and vividly while Hendrie (see pp.37-52) provides a profile of the people obliged by econanic necessity to squat even in the face of brutal harassrrent. West (p.21 ) points out that the Cape Peninsula is the only area in the country where mc:ire waren than rren are arrested in tenns of a policy a:irred at 'preventing Black family life fran taking further root in the Cape Peninsula'. He describes too (p. 31 ) how the state ,in the rerrorseless pursuit of a purely punitive policy,has, in the Western Cape for the first ti.rrE, marshalled the JIrlrnission of Persons to the Republic Act (No. 59 of 1972) to deport without any fear of recourse to the courts Cape TcMn's African poor seeking a livelihood. '!he old 'Aliens Act has thus been enployed as an 'instrurrent of influx control' , a purpose for which parlianent never intended it. ' For 'coloured' people in the Western Cape preferential treatrrent in their 'traditional sphere' has rreant eviction fran areas which they had in habited for generations in a drastic series of dislocations' over two decades ,and a chronic hOUSing shortage coupled with higher transport costs. 13 Devotees of the Venroerdian and Eiselen dOctrine of 'Coloured Labour Preference' whould be hard pressed to defend the distribution of land in the Western Cape where the 'coloured' group as the majority has been allocated 27 950 ha (27% of the total) and the white group 75 213 ha (72% of the total) .14 Furthermore, given the-hOUSing crisis it is a rank injustice that scree 10 839 vacant residential' plots in the Peninsula (74% of the total) are still available to the white group, only while only 3 646 (25% of the total) are available to the 'coloured' group.15 A favoured liIrp excuse, often reiterated in the annual reports of the Departrrent of Camnmity Developrent, was repeated reoently by the responsible Cabinet Minister: , the persons involved forrrerly lived in such dilapidated and slumlike conditions that their rehousing can hardly be terrred rem::wals fram ideal housing cirCl.m1Stances'. 16 13. John Western. Oltcast Cape TcMn. Cape TcMn, Human and ROusseau, 1981. pp.219-223. 14. Hansard 7 March 1983 Question Col. 524. 15. Hansard 7 March 1983 Question Col. 525. 16. Hansard 24 June 1983 Question Col. 1685. 13 '!hat there were slums in Cape Tam is undeniable. In Cape T= a 'coloured' slum very rapidly transfonns itself into a white 'Chelsea Village'. The Minister's own Department prOUdly boasts in some of its annual reports about the upgrading of areas such as Dean Street in Newlands, Dane Street in M::1.IDray and Loader Street where gentrification oc=red. Renewal of old areas of Cape Tam apparently demanded the wholesale rerooval of the people living there from one 'slum' to a nore distant one. For the Peninsula's African population the policy has brought little but misery to tens of thousands as West's case histories show (see pp.55-63). Nevertheless, in spite of the policy for the Western Cape, the state had to yield to econanic forces on a number of occasions: in 1957 with the establishrrent of Nyanga Township; in 1963 with the establishIrent of Gugulethu; in 1977 on the prOVision of further family housing for Africans; and in 1978 on Crossroads. In 1980 .and 1981 the Suprene Court and the Appeal Court directly challenged hspects of the policy of influx control in the Kariani, Mhlongo and M:litse cases,decisions which , would ameliorate the position of spouses and children of 'legal' residents in urban areas including the Peninsula. 17 An extremely iIrportant case, that of Mr. Tan Rikhoto, was heard by the Rand Suprene Court. 'lJle case involved a migrant worker born in Gazan- k.llu and thus a citizen of that territory who had worked for a single employer for 10 years in Germiston. Theretofore the authorities had proceeded on the assUllption that in tenns of the 1968 Labour Regulations a migrant worker could not gain residential rights in an urban African area because he had periodically to break his service. The court ruled \)~ that while Mr. Rikhoto was a citizen of Gazankulu in terms of the National States Citizenship Act of 1970, he was also a South African citizen by birth, and having worked continuously for one employer for 1(1 years, he could claim resident's rights in tenns of Section 10(1) (b) of the Black (Urban Areas) Consolidation Act. The judgenent potentially affected thousands of migrant workers. 18 The East Rand Administration Board appealed against the judgenent. A similar case, that of Mr. M:lwandweni Mthiya, -came before the Cape Suprene Court in April 1983. 17. Financial Mail, 24 July 1981. 18. Financial Mail, 25 September 1981, 2 October 1981, and 16 October 198!. See also C.E.W. Simkins, 'The Econanic Implications of the Rikhoto Judgenent', Saldru Working Paper No. 52. 14 19 The judge confinred his colleague's finding. The Appeal Court sub 20 sequently upheld these decisions. Same of the Administration Boards and the Departrrent of Co-operation and Developnent ShCM great reluctance to give effect to these Court decisions. In Cape TCMn the "r relief which these challenges to goverrurent policy occasioned was short lived. Relentless pressure on the K.T.C. squatters was mnntained and the Min~ster of Co-operation and Develq:ment, Dr. Piet Koornhof, announced the shocking plan to create a new African tCMnShip to be called Khayalitsha at Driftsands between the 'coloured I group areas of Mitchell's Plain and Macassar, about 40 kIn fran the city. Africans living in the well-established tCMnShips of Langa, Nyanga and Gugulethu would be required to relocate themselves at Khayalitsha to make way for 21 'coloured' people. By June 1983 K.T.C. squatters had already been !lOVed into Khayalitsha. In a contradictory rrove, however, the Uluntu Utility Carpany was granted 60-year leasehold rights over Malunga Park in Gugulethu for building 166 houses and three blocks of flats. 22 The implications of the Khayalitsha threat are horrifying. Verwoerdian doctrine holds sway, whatever the specious talk of I reform' . 'Coloured I.abcur Preference I is not so much pro-' coloured' as anti-African. The authorities have signified their intention to sustain" their war on the poor quite clearly and the consequences for many desperate pecple in the Transkei and Ciskei will be dire. For every concession to economic forces and popular pressure, the authorities take punitive action. Although their grand scheme lies in tatters the goverrurent persists in enforcing futile~measures at a human cost which cannot be counted. 19. Financial Mail, 29 April 1983. 20. Financial Mail, 10 June 1983. 21. Argus, 26 May 1983; Cape Times 27 and 28 May and 8 June 1983; Financial Mail, 27 May and 24 June 1983. 22. Cape Times, mid-week Homefinder, 13 July 1983. 15 INFIDX CCNI'ROL IN THE CAPE PENINSUIA * Martin West Black South Africans have lived and worked in the Western Cape, and in Cape ToNn in particular, for a long tirre, and have been an integral part of the local economy since the early nineteenth century.l In common with Black pecple in other parts of the =untry they have been subject to the various forces that drew workers to the urban and industrial centres, @1d have suffered under the legislation that has attempted to restrict and =ntrol this flow (camonly called influx control regulations) and 2 severely limit the opportunities for permanent urban residence. Black pecple in the Western Cape, however, have been subjected to peculiar disadvantage when canpared to the rest of the oountry. The !esponsible cabinet minister =ounoed in 1954 that workers classified as Coloured were to be given preference in the Western Cape, and that as a result 3 the Black population would be controlled. A significant statement outlining this policy in detail was made in January 1955 by Dr. W.M.M. 4 Eiselen, then Secretary for Native Affairs. He demarcated an area of the Cape Province west of certain points (subsequently known as the Eiselen Line) which would becare a 'Coloured Labour Preference Area', and stated that it was goverrurent policy eventually to renove all Blacks fran this area. 1. See, for example, C. Saunders (ed) Studies in the History of Cape ToNn, vols. 1-4 (Cape ToNn: Centre for African Studies, University of Cape ToNn, 1979, 1980, 1981). 2. For a brief survey, see M.E. West, The 'ApeX of Subordination': The Urban African Population of South Africa, in R.M. Price and C.G. Ros berg (eds.) The Apartheid Regirre : Political Power and Racial Dcrnin ation (Berkeley: Institute of International Studies, University of California, 1980) pp.128-131. Influx control is a cornerstone of the apartheid strategy in that it is used to legitimate the view that Blacks are not permanent urban residents and therefore need not have political rights in 'White' South Africa. It is also a means of controlling the distribution of Black labour. 3. M. Horrell, Laws affecting Race Relations in South Africa, 1948-1976 (Joh=esburg: South African Institute of Race Relations, 1978) p. 187. 4. W.M.M. Eiselen, The Coloured and the Native, in South African Bureau for Racial Affairs, The Coloured in South AfrICan Society (Cape Town: SABRA, 1955) (in Afrikaans) . * We acknowledge permission fran African Affairs to reprint an expanded version of an article which appeared J.n tlleJ.r October 1982 issue. 16 Dr. Eiselen',s address contained two justifications for the new policy: that 'the Coloureds as a local population have a moral right to demand that their workers' interests be protected against the natives', and that 'early termination of the symbiosis between Coloured and native is 5 advisable as it has a demoralising effect on both' . The apparent official view was that Black labour was in competition with 'Coloured' labour to the latter's detrirrent. No evidenoe, then or nON, has been adduoed to SUFPOrt this view, and certainly not fran the workers alleged to be affected. Reoent studies, in fact, have reccmrended the scrawing 6 of the Coloured Labour Preferenoe area on econanic grounds, and the Riekert Catrnission stated in 1979 that it had not 'expressed its views on the Governnent' s labour policy in regard to the Western Cape, because it was 'of the opinion that this policy was based on grounds other than eoonanic grounds •.. ,7 These grounds are clear fran Dr. Eiselen' s oonoern over the mixing of people classified as Coloured and African, 8 which resulted in the disappearance of social and cultural differenoes. It becarre clear that the Western Cape was to be a prirre target for the Nationalist government's grand apartheid strategy when the Minister of Native Affairs dealt with Dr. Eiselen's statenent in a speech in the House of Assembly in 1955. In this he stated that ' ... the Western Provinoe (is) the area where, due to a whole series of circumstances, the policy of apartheid in regard to the Bantu can be applied with the greatest 9 ease ... , There is also hearsay evidence that Cape Nationalists envj.s aged, and in fact~still enVisage, the Western Cape as a potential White hareland of last resort, and that it was therefore important to have a 10 majority of Whites in the area. 5. W.M.M. Eiselen, op.cit., p.125. 6. S.P. Cilliers and S. Bekker, The Labour Situation of the Black Man in the Western Cape with SpeCial Referenoe to Conditions in the Cape Peninsula (Stellenbosch: Department of Sociology, University of Stellenbosch, Occasional Paper No.4, 1980) (in Afrikaans) . 7. White Paper on The Report of the Ccrnnission of Inquiry into Legislation Affecting the Utilisation of ManJ?CWer (Pretoria: Government Printer, 1979, paragraph 2. 8. W.M.M. Eiselen, op.cit. 'p.1l4. 9. House of Assembly Debates (H.A.D.) No.1, 1955, 601. 201. 10. This is speculative information fran souroes close to government; by its very nature it is not a reason that would be publicly put forward by Nationalists. 17 The implementation of the Coloured Labour Preference Policy involved a freeze on the erection of Black family housing, stringent implementation of influx =ntrol regulations (the Western Cape was the first place in South Africa where Black WO!lEI1 were required to carry passes) ,11 and a shift to the use of migrant labour to rreet new demands. A cumbersane system was developed whereby an enployer who wished to hire Black labour had first to apply to the Departnent of Labour, which would issue a certificate if it =uld be sha.-m that no suitable 'Coloured' labour was available. This certificate would be presented to the local Black Labour Offioer who would first check whether any qualified l=al Black people were available, before authorising the recruiting of migrant labourers through the rural labour bureau system. The system outlined above has been harshly enforoed for more than a quarter of a century, but it did not reverse the fleM of Black people to the westen'! Cape, and the South African governrrent no longer speaks of rem:Jlling all Black people fran the area. People who are found to be illegally in the area in tenns of the regulations are fined, impris oned or sanetines deported to a rural area. But the situation in those rural areas (mainly Ciskei and Transkei) in tenns of poverty and unenployment is such that most people are better off in the cities, even if they are not in full-tine enployrrent. Dr Jan Lange of the University of South Africa has estimated that workers can cane to an urban area fran a 'haneland' and end up considerably better off even if they spend nine m:mths of every year in prison; less imprisonnent than that could result in living standards several hundred per cent better 12 than had they remained in a rural area. '!he result of this is the presence of large numbers of Black people who live and work illegally in the urban and industrial areas. The freezing of hOUSing in the Western Cape also led to large numbers of people erecting their a.-m acccmn::x'lation in squatter camps. It is obviously difficult to estimate the number of people living illegally in any area, but it has been generally accepted that roughly half the Black population of the greater Cape Ta.-m area =uld be thus classified, at least over 11. M. Horrell, op.cit., p.185. 12. Financial Mail, 12 October 1979. 18 the last decade. 13 The responsible minister, Dr. Piet Koornhof, ad~ mitted in August 1981 that no fever than 85 436 of the estimated Blad: population of 199 600 in this area were there illegally.14 His esti mate was that 42% of the population was 'illegal', and this is likely to be a conservative figure. The, legislation which creates this large illegal population is contained in the Black (Urban Areas) Consolidation Act (No. 25 of 1945) as aIrended. A key arrend!rent, the Native Laws Amendrrent Act of 1952, extended influx oontrol to all urban areas, included waren in its provisions, extended the pa.rer of the state to rarove people deemed to be undesirable, and introduced a concession allONing Blacks to visit a prescribed urban area 1S for up to seventy-two hours before having to gain official permission. The key section of the main act which limits rights of ,urban residence is contained in the oft~oted Section 10, which reads as follaNS: , 10. (1) No Black shall remain rrore than seventy-two hours in a prescribed area unless he produces proof in the manner prescribed that - (a) he has, since birth, resided continuously in such area; or (b) he has worked continuously in such area for one enployer for a period of not less than ten years or has lawfully resided continuously in such area for a period of not less than fifteen years, and has thereafter continued to reside in such area and is not enployed outside such area and has not during either period of thereafter been sentenced I"· to a fine exceeding five hundred rand 'or to imprisonment for a period exceeding six rronths; or (c) such Black is the wife, the UI1ll' f'· 13. For figures relating to 1974, see F. Wilson, The Political Impli cations for Blacks of Econanic Clanges NON Taking Place in South Africa, in L.M. Th~son and J. Butler (eds.) Clange in ConterrporaIy South Africa (Berkeley: University of California Press, 1975) p.175. 14. H.A.D., No.4, 1981, col. 230-1. 15. M. Horrell, op.cit., p.35ff. 19 In ~,is legislation the onus is on the individual to prove qualification, and 'continuous' residence or errployrnent is strictly interpreted. For exanple, children born in Cape Tcwn who spend sore years with relatives elsewhere, or people who take an extended holiday outside the Cape Tatm area, lose their qualification under Section 10. And migrant labourers on contracts, all of which specify an annual return to a plaoe of origin outside the area, are deemed not to be working or residing continuously in the prescribed area and therefore are ineligible for 10 (1) (b) rights - in fact this status has not been earned by anyone in the Cape Tcwn area 16 for many years. It should also be pointed out that qualification in terms of Section 10 does not guarantee permanent residence in any case - the Bantu Laws Amendment Act of 1964 included such qualified pecple in the category of those who could be administratively deemed 'idle or undes irable' or a 'threat to the maintenance of peace and order', and who 7 could be made to leave the prescribed area and go to a 'hareland'. 1 The authorities are aware of the large' illegal' papulation of Black people in the various urban areas, and an extensive apparatus has been ;~ , set up to apprehend and prosecute offenders. Arrests are made by the " South African police and also by Inspectors errployed by the various Ad ministration Boards, who enjoy wide poNers of entry and arrest in carrying out their duties. Those arrested may be referred to Aid Centres run by the Administration Boards, and roost appear in Camlissioner' s Courts. Professor Michael Savage has calculated that there were nearly six million pass law prosecutions in the decade 1965-75, and estimated in 1979 that the annual costs to the state of this immense operation were in the region of R32 million, with those arrested losing about 12 million productive man-hours which he valued at just under R8 million. 18 In the decade referred to above, pass law arrests were running at an average of half a million per annum. Since then official figures 16. A recent SupreITE Court judgrrent in the Transvaal ruled that a contract worker could gain 10(1) (b) rights by working for one errployer for ten years, even though a new contract was required each year. This has been appealed by the authorities. There are many contract workers in the Western Cape who would qualify if the decision is up held. 17. M. Horrell, op.cit., p. 40. See also 29 of the Blacks (Urban Areas) Consolidation Act (No. 25) of 1945, as amended. 18. Estimates by Professor Savage reported in Annual Survey of Raoe Relations (Survey) (Johannesburg: South African Institute of Race Relations, 1979) pp.390-1. For camment on the,difficulties of estimating numbers of arrests, see M. Horrell, op.nt., pp.193-4. 20 released tend to suggest that the total number of arrests has fallen off. Such figures need to be treated with caution. It is not always clear that they combine the statistics of police and administration board arrests, which are kept by two different governrrent departIren~, nor is it clear whether people arrested and referred to Aid Centres without subsequent prosecution are included in the arrest figures. The annual reports of the Carmissioner of Polioe cite the number of cases investigated under the pass laws (including illegal entry into oertain areas, offenoes regarding docurrents, curfew offenoes, etc.) and answers to questions in parliarrent provide further infonnation. Sane of this is surrmarised in Tables 1· and 2: TABLE 19 Investi9:ations by Polioe Pass r.aws 1976-7 1977-8 ill!t:2. 287 374 279 957 306 850 TABLE 2 20 Pass Law Arrests by Polioe and Ins~ctors 1977 1978 1979 224 308 274 887 203 266 While the statistics are often not clear, the incidenoe of arrests varies fran year to year in different parts of the oountry. Thus it is possible to shOW' in Table 3 that while the number of arrests may have declined in the major centres,21 they have increased proportionately in the Cape Peninsula. The 1981 figure does not include the very large number of people who were arrested and then deported, and it can be safely asslUlEd that the increase has oontinued. 19. Survey, 1980, pp.301-2. 20. loe.cit. 21. fuese refer to Pretoria, Johannesburg, Soweto, East Rand, West Rand, Durban, Pietermaritzburg, Bloemfontein, Port Elizabeth, East London, and Cape Town. 21 TABLE 3 22 PASS ARRES'IS rn ;;-;:;:OR CENI'RES 1978 1979 1980 1981 Total: 172 809 126 206 108 799 128 883 Cape Peninsula: 16 348 10 683 16 327 13 694 Cape % of Total: 9,46 8,46 15,00 10,62 ...;" -," ,:; ". A further point needs to be made regarding the arrests of waren under the pass laws. It has been noticeable that the number of waren arrested in the Western Cape has increased dramatically to a state where nearly 30% of all arrests of waren in the major centres takes place in the Cape Peninsula. This is sh= in Table 4. TABLE 4 23 PASS ARRES'IS Of' W~'IDE MAJOR CENI'RES 1978 1979 1980 1981 Total: 26 023 25 022 28 066 33 649 Cape Peninsula: 4 525 3 739 8 262 8 402 Cape % of Total: 17,38 14,94 29,43 24,96 The Cape Peninsula is the only area in the country where roore waren than rren are arrested under the pass laws. There is no deroographic dis proportion of this sort (in fact the reverse is true as males outnumber females by three to one in the legal population) 24 and it is clear that there is a special assault against waren in the area in line with governrrent policy of preventing Black family life taking further root in the Cape Peninsula. MJst of the pass law arrests in the Cape Peninsula are made by inspec tors errployed by the local Administration Board, who have wide paNers of entry and arrest without warrant. 25 They conduct raids in all parts 22. Sources: Survey, 1979, p.389; Survey, 1980, p.301; H.A.D. No.5, 1981, col. 229-249; H.A.D. No.3, 1981, col. 116; H.A.D. No.4, 1981 col. 201. The final figures for 1981 are likely to shCM a marked increase because of the mass arrests of people in Nyanga. 23. See footnote 22 for souroes. 24. See M. West, op.cit .. p.140. 25. Adrtiinistration Boards are governrrent-appointed bodies charged with the administration and control of Black people within their area of juriS diction. Administration Board inspectors account for 97% of the arrests in 1980 (HAD, No.5, 1981, col. 229-249). Their pa.rers were extended in 1964 to enter premises without warrants on suspicion of an offence being camti.tted. See Section 22 (3) of the Blacks (Urban Areas) Act. 22 of the city, including the black townships, white suburbs (where there are many illegal, dares tic servants), industrial areas and nodal points for public transport. Officials have the right to, arrest sUll1llarily any person whose docurrents are not in order, or who is unanle to prcXl.uce docurrent,s. ,The falsely narred Bantu(Abolitio~, of Passes and Co-orciin ation of ~ts) Act.of 1~52 .stipulated that 'any Black was rEquired to produce a reference boo~ ('pass') on rEqUest by an official at a'1y time. The legislatio~ did not stipulate that a pass was to be, produced on demand, but this was assurred by arres+:ing officials who do not nonnally allaN tine to fetch' ,docurrents, even if they are nearby. 26 Raids are often conducted in theearly hours of the IOClrning, when illegal residents are deerred to be rrore easily apprehended, and it is a regular oc=ence for legal resld~1t2 to be arrested in the confusion. TIlose arrested are usual.ly he1.d in cells overni,ght. a"1d appea, in C'Jurt the follOYir~g rrorning. Nearly all those arrested appear at. 'w'1e'_ La"1ga Ccmnissioner1s Court, a ccrrplex tha.t contains t'f.. ,Co C'Jurt:s, a ::F~-rJ offi.ceF.! t6JlX)rary detem:ion cells and the local. Aid Cent,~-e. Aiel Cen.tres "Were proposed in tIle Bantu Laws l'llle.~drr£:nr. I'1.C~ of 1 ::h)t~, but \-rere 7l(.:t, irrr.n:..~'i..i.atel~~l inple.rrented. cape TONTI had one cf tJ1e first. \"x:;!"1t":ces I t...;!~j:¢·! was C-p2l:c:_t.inS f{ by the end of 1971. 'The .l'J.o Centres were reportenly estabhshed to reduce the rllzLlber of t~chnical of.£er~ce:rs ;J.p:t.. €(rri_~l'; .::: t..~e p~s ::::ou:-':.s, as those arrestc--d would te screened by cent1:·e offici.3.1s who 'WOU~d t.....;( to legalise their position, find errployment wb>re possible, and provide advice. 27 '!he Cape 'Icwn Aid Centre normally screens those arrested, and occusionally makes recamendat.ions to the court. During periods of observation these reccmrendations have included '"i thdrawal of charges (for those wrongfully arrested) and recarm~nded suspension of sentences in certain cases where people have undertaken to return to a 'hare land'. TIle Cape ToNn Aid Centre would appear to have limited i!llpact in view of the stringent application of influx control in the area, which·reduces the latitude that officials may have in other areas to assist people. . '. 26. Ministerial staterrents have confirrred the policy that people ,should have reasonable opportunity to, fetch docurrents. For a discussion of policy versus practice, see M. Horrell, op.cit., pp.181-2. 27. See M. Horrell, op.cit., pp.182-4. 23 Under 'normal' conditions those arrested are investigated briefly by the Aid Centre, and then appear in court. The court is presided over by a Ccmn.issioner, who is an enployee of the Departmant of Co-operation and Develq:ment who has passed the civil service laver law examination. 28 '!he operation of the court, including the appoinbtent of prosecutors, is under the control of the DepartIrent of Justice, but despite this a study carried out by the Centre for Applied Legal Studies at the University of the Witwatersrand referred to 'the inCCIIPatibility of the procedures enployed in the ccmnissioners' courts with the general standards of criminal justice'. The report referred to the procedural safeguards in terms of the South African system of criminal procedure, which attenpt to protect the liberty of the individual by arrong other things including the right to a lawyer, and the right to be infonred of the essential 29 features of the charge. The report also refers to the essential need for legal representation in ensuring a fair hearing. These safegaurds are ncmnally absent in the daily running of the pass courts, as will be explained below. 30 Legal representation is theoretically available to those appearing in the Cape ToNn pass court, but in practice is denied to nearly all those who appear. State legal aid should be available, but it is not possible for prisoners to gain access to this in practical terms. The Athlone Advice Office, a voluntary organisation run by the Black Sash, has a lawyer available each day the court is in session to defend anyone who requests assistance, but the lawyers are unable to act without the names of those '( arrested and an indication that they wish to be defended. It is often "~I extremely difficult for friends and relatives to find out whether sare one has been arrested, let alone to arrange a defence in the tirre avail able. In addition it may be argued that having a lawyer defend you may lengthen the proceedings and involve a remand, either in custody or on bail - if this can be arranged. In either event the accused w:>uld lose rrore working days. '!he result of all this is that the vast majority of pass cases are undefended. 28. Terrporary Ccmn.issioners may be appointed without legal qualifications of any sort, and no qualifications are required of those who act as prosecutors. H.A.D. No.4, 1981, col.156. 29. R.E. Manama and J. Dugard, Defencelessness of the undefended, Rand Daily Mail, 6 March 1979. 30. DescriptiOfE of the operation of the courts are based on personal ob servations of several sessions of the Langa Courts during 1981. I am indebted to the Athlone Advice Office for access to court visitors' records. 24 ) Undefended cases are dealt with extremely rapidly - the emphasis to the observer is on speed of process rather than on any attempt to ensure a fair hearing. Until recently it was comron practice in sane courts, including : Langa, for the prosecutor to double as an interpreter. '!he ccmnissioners are not fluent in Xhosa, and depend on translation. '!hey have no way of knowing the ac=acy of interpretation, nor whether the charges have been fairly put. The fact that this is often not the case can be seen in the number of cases where the accused pleads guilty after a very brief exchange with the interpreter, and then brings forward evidence in mitigation of sentence which would have justified an initial not guilty plea, had the charges been carefully explained. This becares all the more serious given the peculiar requirerrents of the Urban Areas Act which places the onus on the individual to prove innocence rather than the state to prove guilt, the latter being the nonn in South African criminal law. In the Langa =urts, as elsewhere, a trial which can result in a sentence of more than two months can take three minutes fran start to finish. A typical exanple would run as follows. As the accused appears in the dock, the prosecutor says to the interpreter: '10.4, 15.1'. This is shorthand for Section 10 (4) of the Blacks (Urban Areas) Act of 1945 which makes it an offence to be in the prescribed area for longer than seventy-two hours without pennission, and Section 15 (1) of the Blacks (Abolition of Passes and co-ordination of Docurrents) Act of 1952, which makes it an offence not to be in possession of a pass, or to fail to produce one. The gist of the charge is then put to the accused by the interpreter, who then usually reports to the ccmnissioner: 'Guilty on both charges, your Honour'. The ccrrmissioner writes for a feN rrarents and then says, 'Mitigation?', which is an instruction to the interpreter to enquire whether the accused has anything to say in mitigation before sentence is passed, the accused having been found guilty as charged. camu.ssioners are adept at putting down excuses, and these episodes do not last long - in fact many accused do not attempt a plea in mitigation and stand silent. The ccmnissioner then writes briefly, re=rding his sentence, and announces it - typically R60 or 60 days on the first =unt, and RI00 or 100 days on the se=nd. The name of the next accused is usually called before sentence is passed, and a rapid procession ensues. The accused has a chance to pay the fine immediately, otherwise the prison sentence beginS at Pollsmoor prison - unless the fine is paid subsequently by friends, relatives or emPloyers. 25 TI-le pass =urts are a daily phenarenon all over the =untry, and the very rapid procession of people through the =urts has been widely reported. The Langa courts, which have received adverse press pub- licity, have been observed to maintain this speed unless the ccmniss ioners bea:JlE aware that there may be outside observers in the =urt (this is not difficult as the =urt-rcx:ms are very small and the public benches normally =ntain only relatives and friends of the accused) . en these occasions the prosecutor saretirres puts the charge in full, and the ccmnissioner has been knam to offer justification for his sentence before passing it. I shall give two examples, drawn rrore or less at randan fran Black Sash files, of the qJeration of the Langa =urts. The first is fran a can pletely unremarkable rrorning in September 1981. A total of 38 cases were heard in just over 90 minutes, at an average of under two and a half minutes per case. Of the 38, 5 failed to appear and warrants for arrest were issued. Thirty of the remaining 33 pleaded guilty to all dlarges. Of the 33, 3 had charges withdrawn, 2 were discharged, 3 were refe=ed to the Aid Centre for further investigation, 6 received fully suspended sentences on =ndition that they left the Western Cape imnediately, and 19 were fined a total of Rl 270 or the same number of days in jail - the average sentence being R70 or 70 days. Sentences o ranged fran roo or 30 days to a sentence which the ccmnissioner armounoed .~ as 'lenient' of RHO or 110 days for a man who was found guilty of being in the area for rrore than 72 hours, not being in possesSion of prqJer documents and of tendering another person's pass to the authorities. 'lWenty-three waren appeared in =urt, of whan 14 had babies or small children with them. Cases where charges were withdrawn in court included those against a deaf and dumb wanan, a fifteen year old girl, and a man who clairred to be classified Coloured and therefore not subject to influx oontrol regulations. A case against a minor was held in carrera, reportedly to establish age and then withdraw charges. Most of the people appearing had been arrested in a swoop in the Durbanville area of Cape ToNn, and had spent the night in custody. The second exanple is unusual in that it reflects a day in one of the courts soon after a large-scale arrest of squatters in Nyanga. As wi.ll be discussed belON, the AthloneAdvice Office was able to arrange defence ------~~~---~----- 26 for a large number of those arrested, and a bail fund had been set up after the widespread publicity the Nyanga raids received. The court sat fran 11.50 a.m. to 3 p.m., during which time 47 cases were heard. Twenty-four of the cases were defended, but in view of the large number of cases remanded on bail, the court was still able to average 4 minutes per case throughout the session. Of the cases heard, 21 pleaded not guilty and were remanded on R30 bail each. 'lWo waren pleaded not guilty but were not defended. They were remanded in custody at Po1l5llOOr prison for two weeks, without the opportunity for bail. The remaining 24 cases were heard, four being defended. One (defended) was found not 1(- guilty, 3 were cautioned and discharged, and 1 (defended) received a R60 or 60 days suspended sentence. The suspended sentence was given to a ~lr IlDther of nine children. She had a baby on her back and claimed to have two asthmatic children, who had disappeared during the raids. Her counsel asked for a suspended sentence to enable her to look for the missing children. The remaining 19 people faced 31 counts, and were oonvicted and sentenced on 27 of these (4 counts of failing to produce a pass resulted in a caution or a not guilty finding). They were senten ced to a total of Rl 040 or 1 040 days, the average sentence being R70 or 70 days. These examples illustrate same basic points regarding the operation of the pass courts. Most who appear do so after spending a night in jail , after being aprehended by inspectors during a raid. Those caught in '1 the net include legal residents, minors, the sick, the handicapped, and women with babies. Same of those discharged have a prima facie case to sue for wrongful arrest, but lack the resources, knowledge and assis 31 L tance to undertake this. It has already bE!en sha-m that it is t' extremely difficult for those who require it to get legal aid, even I" though a lawyer is available free of charge, and as in the exarrple cited an undefended plea of not guilty is as likely as not to result in a remand in custody for one to two weeks while the state prepares its case. The possibility of bail in these cases is not usually raised by the authorities. Those who are defended have a better chance of receiving a reduced or suspended sentence, and of being granted bail if the case 31. Same successful wrongful arrest suits have occurred in the Trans vaal, where lawyers fran the Legal Resource Centre have gained out of court settlements. (G. Budlender, personal carmunication). 27 is remanded. The courts appear to operate on the premise that cases will be undefended, and the prosecutor is usually unprepared or unable to continue a case where a plea of not guilty has been entered and a basis of defence disclosed. In these cases the state normally asks for time to produce witnesses, such as the arresting officer, proof of identity, and so on. Those who plead guilty are aware of the likely penalty: R60 or 60 days for being in the area illegally, and RlO or 10 days for failing to produce a pass. If they are able to raise the rroney, it is often better to accept the sentence rather than risk at worst remand in custcdy and at best further loss of wages involved in attending further hearings. 32 I calculate that roughly 10-11% of the total de facto adult population of the Cape Peninsula is likely to be arrested in any given year, and presumably the odds are very much higher for those who are actually in the area illegally. Arrest is therefore an occupational hazard, and as already argued, given the chronic lack of employment and l~ wage rates in the rural areas, it is still to a person's advantage to seek even part-time work in the Cape Peninsula, even if he or she is fined or ilrprisoned fairly regularly. It should be pointed out in this regard that the 'normal' R70 fine represents approxirrately two to three weeks' 33 wages for unskilled workers. Figures are not available for the proportion of people sentenced who are l' able to pay their fine. HONever, a rough estimate can be attempted fran figures released in prrliarrent regarding influx control fines in 32. In one case in 1981, where the identity of the accused was in dispute and confirmation was sought fran Pretoria, there were six remands. The accused was out on bail, but had to attend court on each occasion. The charges were finally withdrawn. 33. For sane evidence of unskilled Black wages in the Cape Peninsula, see C. Simkins, Socioeconomic Characteristics of 16 Squatter Settlements in the Cape Town Area in 1975 (Cape Town: Southern Africa Labour and Develg;:m=nt Research Unit Working Paper No. 21, 1978) pp.7-8; J. Graaff and J. Maree, Residential and l>ligrant African Workers in Cape TONTI (Cape TONTI: SAIDRD Working Paper No. 12, 1977) pp.13-15; J. Maree and J. Cornell, Sarrple Survey of Squatters in Crossroads (Cape TONTI: SALDRD Working paper No. 17, 1978) p.ll. 28 the Cape Peninsula (which are paid to the local J\dministration Board) . Figures for 1979 and 1981 also distinguish between fines paid by employers of illegal workers (these can be as high as RSOO per ernployee, although the average first offence fine appears to be RlOO) and the workers therrselves. ,Table 5 presents this information. TABLE 5 INFLUX CCNrnOL FJNES PAID BY EMPlOYERS AND INDIVIDUALS, CAPE PENINSUIA 34 1978 1979 1981 ," n.a. Rl05 280 Rl26 685 " Firq:>l~er Fines: IndiVidual Fines: n.a. R245 648 R283 576 Total: R397 914 R351 028 R410 261 If Table 5 is read with Table 3 above, it will be seen that in 1979 10 683 arrests resulted in fines of just under a quarter of a million rand. In 1981 13 694 arrests yielded over R283 000. If one conser vatively estimates the average fine to be RSO, and allONS generously for suspended sentences and acquittals, the inescapable conclusion is still that 30-40% of those people arrested ate compelled to serve a prison sentence as they are unable to pay their fines. In '1979, for example, it is likely that the 10 683 arrested resulted not only in the R245 648 reported in fines paid, but also at the very least in sene 175 000 days t!1 of imprisonrrent. In 1981 the 13 694 arrests resulted in R283 576 in fines and about 250 000 days in jail - same 684 years of imprisonrrent. These figures would be shocking in alloost any situation, given that the offenders are not guilty of any criminal offence, but simply of trying to live - often as families - where work is available. The fact that the de facto Black papulation of the Cape Peninsula is only about 200 000 gives an indication of the tremendously heavy burden this papulation has to bear each year in terms of fines, inprisonrrent and loss of wages. ' 34. H.A.D. No.6, 1979, col. 458; H.A.D. No.7, 1980, col. 394; H.A.D. No.3, ,1981, col.114; H.A.D. No.4, 1982, col. 165. Unfortunately no figures are auailable for 1980. .,., --1·'/.-»;:, ' ~ ;' 29 " The system I have outlined has worked relatively smoothly for the state for two main reasons. Firstly, the lack of legal representation allows a facade of due prooess of law while offenders are in effect nearly all dealt with administratively. Seoondly, IlDst people arrested are pre pared to plead guilty, whatever the merJ.ts of their case, and thus ensure as rapid as possible a return to work and families. The volume of offenders is so high that it is impossible for the authorities to ensure that 'illegal' people return to rural areas. This was the system in operation in mid-1981 at the time of the mass arrests of squatters at Nyanga. After evictions of people living in accrnrrcdation in Langa which was to be remJVated, a large number of people with nCMhere else to live oongregated on an open site next to the administrative offioes in Nyanga (a short distance fran Langa) . This was essentially a protest by over a thousand people who hoped that their plight (living without shelter in a wet and cold winter) would result in their being given official permission to remain in the Cape Peninsula. 35 The authorities responded with mass arrests, and IlDre than a thousand people were arrested in July and early August 1981. '!hose arrested were treated in the 'normal' way, and started appearing at the two Langa oourts, a court in Cbservatory, a special court set up at a nearby police station in Manenberg, and then subsequently at a court at Pollsmoor prison. Extra ccmnissioners were imported fran elsewhere in the oountry, and a Langa prosecutor was given tenporary promotion to deal with the flood of prisoners. There were reports of extremely savage fines at sane of these ocurts, and the first people who appeared were undefended. The situation changed when the Athlone Advice Office in Cape Tarm was awroached by representatives of an ~ ccmnittee elected by those originally evicted fran Langa. They produced a list of nearly 2 500 names \\hich hadbeen oollected prior to the first mass arrest, and asked the Advice Offiod to provide legal assistance. This list enabled 35. Their hope was based on the precedent at the Crossroads squatter camp nearby, where the authorities 1:Ja..Ted to extensive local and > international pressure, and legalised a large number of people. This is the only case on reoord of a significant relaxation of the stringent influx control policy in the Western Cape. 30 Advice Office lawyers to gain access to prisoners, and to appear for all those arrested. The publicity given to the plight of the Nyanga people drew legal support fran beyond the Advice Office's panel of law finns, and included rrernbers of the Cape Bar and of the Black Lawyers' Associa tion. The adverse publicity and the presence of senior lawyers resul ted also in the Attorney General's office taking an unprededented interest in the operation of the pass courts, which began to operate rrore like con ventional.courts. The result was that defence teams were continuously available at all Sitting courts, and all those appearing were defended. In addition, a sizeable bail fund was subscribed. The effect of normal legal defence on the courts was dramatic. The number of cases heard each day sla.led to a trickle, and lawyers were able to gain reduced fines, suspended sentences, and even sate acquittals based on pleas of necessity - that the accused, although technically ,>'\," guilty, had no reasonable alternative to being in the Cape Peninsula. Those who were released (then, or after serving their sentence) siltply returned to the Nyanga site, and it became clear that the system was hopelessly overloaded. It was at this point that there was a further mass arrest of people at the Nyanga site, with a total of 1 472 rren, waren and children being rounded up (many for the second tine) in two raids on the 19th and 26th " August. 36 It had been antiCipated by lawyers that the authorities might try to break the iltpasse by using Section 14 of the Black (Urban Areas) Consolidation Act, which provides for the 'FeIrovaLof Blacks who Unlawfully Remain in the Prescribed Areas' ... 'with due regard to his family ties or other obligations and cammitrrents'. Deportations have taken place under this section after a court hearing, but a~ has been shown the courts were quite unable to deal with the existing volume of defended cases - and the lawyers were in any case prepared to fight Section 14 deportation on an individual basis. 36. H.A.D. No.7, 1981, col. 406-7. For a synopsis of the events at Nyanga, see Work in Progress, 20, 1981, pp.25-34 (this also includes discussion of Crossroads, and sane ccnparisons) and the special edition 'Trauma in Nyanga' of South African OUtlook, v.HO, No. 1323, September 1981. - ~: l-·'~··.,', " 31 j .:1'1 In an unprecedented action, hONever, all those arrested who were deerred to be Transkeians were summarily deported to the Transkei without , 37 further proceedings. It was eventually established that action had been taken under the Admission of Persons to the Republic Regulation Act, No. 59 of 1972, which allONs for s\.llTlllalY deportation of foreigners, into which category all Transkei citizens nON fall. The Act, which oonsolidated various rreasures for the control of the admission of foreigners into South Africa was deerred to be so uncontroversial when it was put to parliament that it was passed without debate and without a carrnittee stage. It is clear that no parliamentarian envisaged the Act as another instrurrent of influx control. Careful legal study of the Act shONed that there could be no recourse to the courts to challenge its use. It is worth quoting briefly fran the relevant sections of the legislation. Any person who enters the Republic of South Africa who fails to produce, or is not in possession of, suitable documents 'shall be a prohibited person, unless he is proved to be a South African citizen by birth or desoent' (Section 40) . This excludes all South Africans who are deerred by the South African governrrent to be citizens of independent hanelands. In Section 9 (1) of the Act prohibited persons are excluded fran the mechanism of appeal, and Section 11 excludes the right of any court to intervene. Section 40(5) of the Act establishes the pONers of a passport control officer (who is any officer appointed fran the public service for this purpose by the appropriate Minister) to deal with prohibited persons: 'Any person who is a prOhibited person under this section shall be guilty of an offenoeand liable on conviction to ilrprison rrent for a period not exceeding six rronths, and whether he has or has not been convicted of that offence, a passport control officer may, if such person is not in custody, arrest him, or cause him to be arrested without a warrant, and may rerove him or cause him to be rezroved fran the Republic under a warrant issued in tenns of this Act, and may, pending his rezroval, detain him or cause him to be detained in the pres cribed manner. ' 37. The South African government's definition of a Transkeian is very broad, and includes birth, residence, linguistiC, kinship and 1. cultural criteria in determining who may be deemed a Transkei citizen,' in tenns of the Status of Transkei Act of 1976. See alsoM.E. West, op.cit., pp.135-7. 32 It is clear fran the legislation that the Act was designed to deal with people at the normal oontrol points - there is, for example, a section on the rights and duties of masters of ships - but as . 'homeland inde pendence' creates instant foreigners in the land of their birth, they , . lose their South African citizenship and are immediately subject to [.J the provisions outlined. They may be arrested and deported without further ado, and lawyers are powerless to intervene. Large-scale deportations began in August 1981, when 2 017 people (754 nen, 911 women and 352 children) were taken to the Transkei by bus and deposited at various points; by mid-September 3 666 had been deported. 38 Deportees were given no opportunity to arrange their affairs, see relatives, or make any other arrangerrents before being deported, and a number of women were reported to have been separated fran their children. A church worker was reported to have a list of 93 children left behind in Cape Town given to her 'by desperate IrOthers in umtata shortly before they were trucked to rural areas by the Transkei anny'. 39 M:lst of the deportees tried to return to the Western Cape alrrost imre diately, and the authorities erected roadblocks on main road to try to prevent this,. This was only partly effective, but by the end of the year it was believed that rrost had found their way back to Cape Town and had nelted into the rest of the illegal population. An official of the local Administration Board oonfirmed that 'further de portations were taking place at the rate of about one bus-load per. week, but no figures are available. When the Ciskei gained 'independence' in Decemter 1981, virtually every Black person in Cape Town becane a technical foreigner. The inpli cations are clear: nearly 100 000 people are subject to instant dep ortation in the Cape Peninsula, without even the minimal recourse to. the law which exists in tenns of other influx control legislation. A neN diniension had been added to the burden of local people: a friend or relative missing overnight may be at the Langa courts in the rrorning, but may also be on a bus half-way to umtata or Alice. 40 38. H.A.D. No.7, 1981, ools.390-1, 395. Same people were deported rrore than once. 39. The Argus, 4 September 1981. SOre rrothers were eventually allowed to return to lCXJk for their children. 40. At the time of writing (July, 1982) no deportation of Ciskeians had yet been reported. 33 The use of the Admission of Persons to the Republic Act is the latest in a long series of measures used by the authorities to try to bolster influx control in the Western Cape. Its use is significant in that it is the first occasion that legislation designed for foreigners in the =nventional sense has been used on the new foreigners created in the South African government's harelands policy, as an instrument of influx =ntrol. But it has also stripped the legal facade off influx =ntrol. There need no longer be even the pretence of due process of law, of a fair hearing, and the courts may be by-passed whenever the authorities wish. Since the use of this legislation, the South African government has given further evidence of its attitude tewards influx control in general, and to the Western Cape in particular. 'l.Wo announcements in the Government Gazette affect current policy in the Western Cape. An amendment to the Black Labour Regulations was published on 23rd April 1982 (Government Gazette No. 8169) which excluded the Western Cape fran the areas in which workers might transfer autanatically, fran one to another. Per mission for a qualified worker to transfer to the Western Cape may new be refused on any of nine grounds listed in Section 27 of the Black Labour Regulations, and include the availability of non-Black labour (part of the Coloured Labour Preference system already outlined) and the availability of local Black workers. The judgment of the Athlone Advice Office was that 'transfer into the Western Cape is therefore new practically impossible' .41 A se=nd arrendment, in Government Gazette No. 8209 of 21 May 1982, with drew for the area controlled by the Western Cape Administration Board, the autanatic right for an employer to house a full-time bona fide domestic servant. Enployers in the Western Cape new require penn- ission, lioences and the payment of certain fees in order to house a darestic worker. These two amendments tighten regulations considerably in the Western Cape, reduce mobility even further, and put greater pressure on employers. 41. Report for May 1982 of the Athlone Advice Office, Cape TcMn. 34 Finally, nention must be made of governrrent plans for an 'inproved' system of influx rontrol, as pranised by the Minister of Co-operation and Development. After ronsiderable delays, a draft Bill entitled 'Orderly M::lIrerrent and Settlerrent of Black Persons Bill' was presented to Parliament in 1982, and then promptly referred to a Select Committee. In practice this is likely to lead to modification of the legislation before it is finally passed, and to a further delay until well into 1983. The draft legislation will be referred to briefly here as an indication of government thinking at this stage. The draft legislation proposes to create a neN category, the 'permanent urban resident', who with his or her dependants are deered to have the right to remain pennanently in an urban area, irrespective of employnent or acoammodation ronditions. The legislation allows people currently qualified to becare pennanent urban reSidents for the duration of their previous qualification, but neN 'p.u.r's' have not only to have been born in an .urban area, but must be the children of parents, both of whan are qualified. FUture applicatiOns for this status may came only from South African citizens of at least 10 years legal urban residence - which effectively rules out the entire future Black population of the Western '. cape who are deered to be citizens of either Ciskei or Transkei. The legislation also introduces a fonn of curfeN, between 10 p.m. and 5 a.m., when it will be an offence for unauthorised persons to be in an urban area, unless they are 'carrnuters' on their way out of the area by approved rceans of transport. The 72-hour concession has been abolished and a neN provision is that visitors who wish to remain overnight now have to have a pennit and approved acccmrodation, with a maximum of 14 " days allowed per annum. Workseekers are carefully regulated, and acoammodation is r~ to be available. The authorities may close areas off to workseekers, and the Western Cape is likely to be an early example if this part of the legislation is passed. The penalties proposed for contravention of the various provisions of the legislation have been radically increased, and the range of those liable has been widened. For most offences a fine of RSOO or 6 months :ill1prisonrreilt is envisaged, and continuing offences may be subject to additional fines of R20, or l' day, of :ill1prisonment, for each day the 35 offence is =ntinued - subject only to a maximLun of 3 m::mths extra imprisonment. In addition to those caught illegally in an urban area, those offering accarm::rlation may be similarly dealt with. 'fue penalty for enployers of illegal workers is a maxintum of R5 000 or 12 rronths, or both. '!he legislation also attenpts to deal with the sort of crises which oc=red over the Nyanga site. Section 49 (1) basically repeats the previous Urban Areas Act clause allowing for deportation of an illegal person after an enquiIy. H~er, a new section is added, which is worth quoting in full: '31. (1) If Black persons settle in such numbers on a piece of land to which they have no right and reside on that land in such =nditions fran which it appears in the opinion of the Minister that their =nduct- (a) is calculated to canvass support for a carrpaign for the repeal or arrendrrent of any law or for any variation or the limitation of the application or any law; or (b) is calculated to endanger the maintenance of law and order; or (c) threatens their own health or social welfare or the health of the public in general, the Minister may by notice in the Gazette order that every Black person who on or after a date stated in the notice is unlawfully present on that land in cirClmlStances giving rise to a suspicion that he is resident on that land, be sumnarily rem:J\Ted with his dependants (if any) fran that land to his hane, or to an area fran which he cares in the opinion of the Director-General or to any other place or area indicated by the Director-General.' 'lhe Minister's decision is final in this matter, no warrants are required, and the courts are specifically prohibited fran intervening in such de- portations, even if they are appealed to. The order is to remain in full force pending the outcane of any appeal, and this provision is also extended to deportatiOns under Section 49 (1) as well. Despite this draconian measure, it is interesting to note that 'designated offioers' who are to administer the legislation in the various areas,, shall in tenns of Section 33 of the Bill be deemed to be passport =ntrol officers for the purpose of the Admission of Persons to the Republic Regulation Act. \ \ .1 36 It is therefore clear that the intention of the state is to increase its control over urban Blacks, and to consolidate its pc:hIers to deport and otherwise deal with illegal residents. It seems equally clear that the deportations first carried out in the Western Cape are to continue. As has been shewn, despite the huge cost in tilre, rroney and human suffering, I the policy adopted has not succeeded instenrning the inevitable tide of J,I '.' Black urbanisation. The government's attempt to tum the Western Cape into the first example of the viability of apartheid policy - as shewn I. in the policy statenents of 1955 - has failed. The new rreasures will· not solve the problems of urbanisation as the deportees simply came back, just as others will retum to work after paying a fine or serving a r sentence. Only a Berlin Wall could act as a deterrent to those, desper- ! ate for work and family life, and the roadblocks of ~981 are a forerunner of rrore stringent controls. But in the rreantilre these rreasures simply add to the enorrrous hardship influx control rreasures - . in whatever guise - inflict on those struggling to survive in the Cape Peninsula. 37 ... NYANGA EAST SQUA'lTERS : A SAMPLE SURVEY Delia Hendrie Thlring the =fusion resulting fran the state I s refusal to allOW' the Nyanga Fast squatters to remain together in the Cape Peninsula as families, many of the squatters needed to approach the Athlone Advice Office for help. An initial analysis of these squatters raised many interesting points, and for this reason it was decided to examine rrore fully the Advice Office information relating to this group. ! We are grateful to the Black Sash for allOW'ing us access to their J files, and to their workers who interviewed the squatters. The South I African Institute of Race Relations (Cape Western Region) was also t very helpful. 1 Page t (A) REPORI' 38 Introduction 38 Sumnary of Results 39 Conclusion 45 (B) TABLES 1 Sumnary Table of length of Residence in cape TOW'n 46 2 length of Residence in Cape TOW'n 46 3 Legal Status of Residents 48 4 Employment Status of Residents 49 5 Residential Area Before Coming to Cape TOW'n 49 6 Residential Area Before Coming to Cape TOW'n of Persons Moving to Cape TOW'n in Last Five Years 50 7 Marital Status of Residents 50 8 Married Waren: length of Residence in Cape TOW'n of Husbands 51 9 Married Waren: Employrrent Status of Husbands 51 10 Married M=n: Place pf Residence of Wife 52 11 Frequency Distribution of Number of Child ren 52 12 Number of Children 52 1 I 38 (A) REPORI' Introduction State action to prevent the establishment of a squatter oammunity adjourning Crossroads in Nyanga ccnfimed that state policy regarding urban blacks, particularly in the Western Cape, rerrains designed to reinforce the migrant labour syst611. With the exception of a minority of pennanent urban residents - those qualified \ll1der sections 10 (1) (a) or 10 (1) (b) of the Black (Urban Areas) Consolidation Act of 1945 - the presence of all other Blacks in the urban areas is sanctioned only when industry requires their labour. The state decided that of the 2 000 to 3 000 squatters who had rroved into the 'No-Name' Carrp (as this Nyanga East site became kna.vn) by August 1981 those errployed would be pennitted to remain in Cape Ta.vn but without their families (who were to leave the area). Unemployed squatters were offered 1 000 jab opportunities in I i the Transvaal and Free State, again 'on a 'singles only basis'. The squatters rejected this offer denanding the right to remain in the Peninsula with their families. The police were called in to deal with this deadl=k. Squatters arrested in the many raids on the area were either prosecuted and given rail tickets to their so-called harelands, or in ,the case of Transkeians, deported in tenns of the Admission of Persons to the Republic Regulation Act which provides for deportation without reccurse to the courts. Roadbl=ks were set up by police to prevent the return of squatters but many managed to slip through the net and find their way back to family and friends in Cape Ta.vn. During the ccnfusion resulting fran the initial raids and arrests, the trials, deportations, and then subsequent returns, many squatters sought help fran the Athlone Advice Office. OVer the period 21st July through to 18th September 1981 the Office advised 673 adult residents fran the Nyanga East squatter site, 493 (73%) of whan were waren. Before having individual problems attended to, each resident was askedxoutine questions regarding themselves and their families. 39 The answers to these questions have been'tabulated in an attempt to provide a profile of this group of people. The sample is obviously not randan consisting as it does of a self-selected group who sought help at the Advice Office. For this reason the results cannot necessarily be generalised to the whole population of Nyanga East squatters. However sample size is big - probably around 30% of total population - and where the non-randan selection procedure may have biased the results, the direction of this bias is suggested in the discussion of the results. Another problem was that no decision to analyse the results of the questiOns was taken before intervie.ving began and interviewers senetines failed to complete their forms fully. Sene information was thus not available in a small number of cases which have had to be tabulated as 'unspecified'. This 'non-response' has to be taken into account when examining the results. The following questiOns were investigated: 1. Length of Residence in Cape Town. 2. legal status of Residents. 3. Employment Status of Residents. 4. Residential Area Before Ccrning to Cape Town. 5. Marital Status. 6. For Married Wcrnen: (i) Length of residence of husband in Cape Town. (ii) Employment status of husband. 7. For Married Men: (i) Place of residence of wife. 8. Number and Place of Residence of Children. Information drawn fran these questions is oontained in Tables 1 to 12 and the results are surrrnarised below. Sunmary of Results 1. Length of Residence in Cape Town l-bst of the squatters invervie.ved had been in the Cape Town district for sane time with only 4% having arrived during 1981 and 23% in the 5 years since 1977. The remainder had lived here for rrore than five years 40 with 33% having been here longer than ten years. The overall dis tribution of length of residence in Cape TOwn suggests a fairly steady flow of people to this area rather than sudden influxes. Although no specific question was put about previous residence it seems that a large number were squatter families evicted from the Langa barracks and zones where they had sought refuge after the demolition of Modderdam, Werkgenot, Unibel and lI'Ore recently Killarney, Schotse Kloof, Table View and Hout Bay. GRAPH 1 PERCENTAGE DISTRIBUTION OF LENGTH OF RESIDENCE IN CAPE TOWN % 20 <0,5 0.5 -2,5 2.5-4 ,E! 4.5 -6.5 6.5-8.5 8,5-10.5 10,5-15,5 >15.5 LENGTH OF RESIDENCE IN CAPE TOWN(YEARS) en average rren interviewed had been living in Cape Ta-m longer than the waren with 55% having been there lI'Ore than teh years while only 26% of the waren had been here for this length of tine. The majority of women - 70% - had first entered this area during the 'seventies. 41 ~. Legal Status Eighty-eight per cent of the sample were living in Cape Town illegally with the proportion being marginally higher for waren and laver for 17En. It is likely that the proportion of illegal persons in this sample was higher than for the entire population, given selection pro cedure. The men in formal employment could probably have qualified for section 10(1) (d) rights to be in cape Town as contract workers without their families. By legalising their position in this way they could obtain accommodation (a bunk) in single-sex hostels for the duration of their oontract, usually a year. The waren would need to find both accommodation and employment to qualify to be in the area legally. With there being no hostel acccrrm odation for waren this in effect would leave no employment alternative but living-in darestic work. This type of work is scaroe and for waren, therefore, legal status would be alrrost inpossible to obtain. 3. Thq?loyment Status Sixty-three per cent of the sample were nevertheless employed; 61% of the waren and 68% of the men. Selection procedure has probably led to sample unemployment being higher than population unemployed, if, as one would expect, !lOre unemployed residents would seek help at the Advioe Offioe than their employed oounterparts. The ovezwhelming majority of females were ernpJ.oyed (illegally) as danestic workers; of those who specified their occupation probably as I' many as 80% to 90% were dares tic workers, the remainder being self employed in the informal sector with a handful employed in laundry establishments and other sectors. Informal sector activities included making clothes and knitted garments and vending food (fruit and vege tables, chickens, and rooat) and secondhand clothing. The .occupations of males covered a l1Ulch larger mrrnber of sectors ,with oonstruction, manufacturing, governroont, local governroont and casual gardening all well-represented. 42 LESOTHO NataL. MocIear. 5 @ CD-Elliot -In Port St.Johns RESIDENTIAL AREA (TOWN) BEFORE COMING TO CAPE TOWN , , TRANSKEI § CISKEI - MINOR TOWNS • 0 MAJOR TOWNS D CmES CD NUMBER OF PERSCI'lS -- MAJOR ROO>S I~.{ -- MAJOR RAl.W\YS I • ~ ~ ~UI 10m. ~uKm - Vnonr'l ~ f stemmet 1961 43 4. Residential Area Before Caning to Cape Town Eighty-four per cent of the group had previously lived in the Transkei before l1'DVing to cape ToNn; IIDSt of the remainder having lived in the Eastern cape (10,3%) and the Ciskei (4,3%). A large proportion of those who had previously lived in the Transkei were fran the south western districts: Lady Frere, Cofirnvaba, Engcabo and Cala accounted for 60% of previOUS residential addresses in the Transkei. There was no significant differenoe in prior residential area for men and women. Prior residential area of persons who had l1'DVed to cape Town in the last five years was also tabled and found to be similar to that for the whcle sample but with marginally greater numbers l1'DVing fran south-western districts of Transkei; 66% of recent Transkeian arrivals to cape Town had l1'DVed fran Lady Frere, Cofirnvaba, Engcobo or Cala. 5. Marital Status The marital status of men and \oJCI1E1 differed in this group. Most of the males (84%) were married men with the remainder beinq young men in their teens or early bventies. For wanen the surprisingly low propertion of 53% were married. A large majority of the single wanen were separated, deserted or divorced and thus their family I s sole breadwinner. 6. Married Women (i) Length of residenoe of husband in cape Town (ii) Emplayrrent status of husband Notwithstanding the high nonresponse it seems safe to hold that on average husbands of women in this group had been in cape Town for a considerable length of time. Seventy-one per cent of husbands had been here for rrore than ten years while only 6% had been here for less than five years. Conparing length of residenoe of husbands in Cape Town to length of residence of the sample, husbands have on average been here longer than both the men and women interviewed; 55% of the men interviewed had been J ' here rrore than ten years and 26% of the waren. This latter suggests that wives may only !1'DVe to Cape ToNn after first allOWing their husbands to establish themselves in the area. Employnent arrongst husbands was high with 93% being employed. As was the case with the men interviewed husbands were employed in a wide variety of industries. 44 7. Married Men : place of Residence of Wife Sixty-eight per cent of the married rren were living with their wives in Cape Ta-m. Most wives who were in Cape Town did not qualify to be in the area; the exception being a handful with rredical certificates either for themselves or sick children. 8. Number and place of Residence of Children The s~le of adults suppported 1 972 children giving an average nUlT'ber of three per family. Approximately half of the total number of children were with their parents in Cape Town. When both parents were in Cape Ta-m the distribution of children was usually one of the follONing:, (i) All children living with their parents; (ii) eldest child living with relatives in the 'homelands' and remaining children with parents; (iii) youngest child living with parents and older children in the 'home lands' . When husband and wife were separated - husband here and wife in the 'home lands' - the children usually stayed with their rother. In the case of single parents families (rothers) I the. children were usually either all with their rother in Cape Ta-m or all with relatives in the 'hamelands ' . DIAGRAM. 1: NUMBER AND PLACE OF RESIDENCE OF CHILDREN TOTAL NUMBER OF CHILDREN 1972 NUMBER OF CHILDREN NUMBER OF CHILDREN UNSPECIFIED AS TO IN CAPE TOWN ELSEWHERE PLACE OF RESIDENCE 978 926 68 45 Conclusion This survey illustrates the unenviable predicament facing the majority of African workers without permanent rights to be in an urban area. Men can qualify to be in the area if an employnent =ntract can be ob tained but this prevents any normal family life and provides accamm- odation in bachelor quarters for the period of the =ntract. To live together as a family leaves no alternative but to squat or lodge with another family illegally. Furtherrrore, wives and children who join their husbands do so illegally in terms of influx =ntrol legislation and live under the =nstant threat of being arrested, fined and endorsed out of, or deported fran, the area. The position of single waneD is worse. This survey found a surprisingly high proportion of women to be single - either deserted or separated - and the sole family breadwinner. With =nditions in the homelands characterised by extensive poverty and high unemployrrent they have no choice but to live and work illegally in t=n in order to support their children. This survey illustrates, yet again, that pressing human and econanic needs override the penalties which present legislation exacts for being in cape Town illegally. Most of these squatters have lived in Cape Town for a considerable length of tilne and are not newcomers to the area. 46 (B) TABIES SlllT!lla0' Table of Length of Residence in cape T ! Length of Males Females Total Residence in Cape T Less than 5 years 25 14,7 121 25,3 146 22,5 5 - 10 years 52 30,6 235 49,2 287 44,3 10 - 15 years 47 27,6 66 13,8 113 !.7,4 More than 15 yrs 46 27,1 56 11,7 102 15,7 Total 170 100,0 478 100,0 648 100,0 Unspecified: 25 Table 2 Length of Res~dence in Cape T Length of Residence Date of Male Female Total in Cape T 6 rronths or less 1981 4 2,4 23 4,8 27 4,2 <5 years 6 rronths- 2~ yrs 1979-1980 12 7,1 39 8,2 51 7,9 2~ years - 4~ yrs 1977-1978 9 5,3 59 12,3 68 10,5 4~ yearS - 6~ yrs 1975-1976 10 5,9 99 20,7 109 16,8 5-10 years 6~ years - 8~ yrs 1973-1974 22 12,9 69 14,4 91 14,0 8~ yrs - 1O~ yrs 1971-1972 20 11,8 67 14,0 87 13,4 10-15 years 10~ yrs ,... 15~ yrs 1966-1970 47 27,6 66 13,8 113 17,4 15 years More than 15~ yrs Before 196~ 43 25,3 46 9,6 89 13,7 Bomers Born in cr 3 1,8 10 2,1 13 2,0 170 100,0 478 100,0 648 100,0 Unspecified: 25 47 Notes to Tables 1 and 2 length of residence in cape Town was obtained fran the two questions: Date of First Entry into Area Breaks in Residence Date of entry to cape Town district was taken as date fran which the person's residenoe here appeared to be pennanent with breaks, if any, for short holidays only. In the cases where it was impossible to ascertain this, the case was placed in the illlSpecified category. It should be noted that in the summary table length of residence has been rounded off with, for exanple, less than 5 years being less than I. 4~ years and 5 - 10 years being 4~ - 10~ years. These 'half-year' class intervals had to be used because the inverviews were conducted in the mid-year. . . "" :s ,i M:e Lt - J & - ... [I " 48 Table 3 Legal Status of Residents , i I ,Males Females Total Numl::er % Numl::er % Numl::er % Legal 37 21,3 39 8,1 76 11,6 Illegal 137 78,7 440 91,9 577 88,4 Total 174 OD,D 479 OD,D 653 100,0 UnspecifieC 6 14 20 Notes to Table 3 The right of an African to be in Cape TOwn (or any other prescribed urban area) is governed by the Black> (Urban Areas) Consolidation Act of 1945 as amended. And it is in terms of Section 10 (1') of this Act that he can qualify to remain in, the prescribed area if: (a) he has lived continuously in the area since birth; (b) he has worked continuously in the area for one enployer for a period of not less than ten years, or has lawfully resided con tinuously in such area for a period of not less than fifteen years; (c) is a dependant of a man qualified under (a) or (b) above; (d) has obtained a work contract for a max:imum period of 1 year (or 360 shifts) fran the District Tribal Labour Bureau in his area after which period' the enployrrent Irnlst be terminated and the worker Irnlst return to his place of origin to renew the contract. Respondents not qualified to remain in the area under one of the above sections are living here illegally. 49 Table 4 Errpl9YffieOt Status of Residents I ! Males FPTroales Total Number % Number % Number % Enployed 120 67,8 289 60,8 409 62,7 Unemployed 57 32,2 186 39,2 243 37,3 Total 177 100,0 475 100,0 652 100,0 Unspecified 3 18 21 Notes: This Table includes employed in both the formal and infornal sectors. Also some workers classified as employed work less than the customary 40-hour week - for exarrple domestic workers engaged as chars sometirres speCified that their job (s) were only 2/3/4 days weekly. Residential Area before Caning to cape T= Male Female Total Number % Number % Ntm1ber % Transkei 143 82,2 402 84,6 545 84,0 Ciskei 13 7,5 15 3,2 28 4,3 l Eastern Cape 18 10,3 49 10,3 67 10,3 1 Cape Midlands 0 - 4 0,8 4 0,6 other, Cape 0 - 4 0,8 4 0,6 other, Natal 0 - 1 0,2 1 0,2 Total .174 100,0 475 100,0 649 100,0 llnspecified 2 6 8 , Born in cape T= 4 12 16 1. Eastern cane carprises econanic regions 19 and 21 both of which border on and around the Ciskei and Transkei. Cape Midlands includes Cradock, De Aar, Hofueyer and Victoria West. - -=::----- ... ------~~---~------ 50 Table 6 Residential Area Before Carning to Cape TOwn of Persons Moving to Cape TOwn in last Five Years Mi'lle Female Total Number % Number % Nuinber % Transkei 23 92,0 103 87,3 126 88 ,1 Ciskei 1 4,0 3 2,5 4 2,8 Eastern Cape 1 4,0 12 10,2 13 9,1 Cape Midlands 0 - 0 - 0 - Other, Cape 0 - 0 - 0 - Other, Natal 0 - 0 - 0 - Total 25 100,0 u8 100,0 143 100,0 Unspecified 0 2 2 Notes: Residential Area before earning to Cape TOwn was obtained fran the questions asking place of birth, place of marriage and address of relatives (if any) in the I harelands I • In IlOSt cases these three areas co-incided; if not, place of birth was taken as the prior residential area. Table 7 Marital Status of Residents : Male Female Total Number % Number % Number % Married 147 84,0 241 52,7 388 61,4 Unmarried 28 16,0 216 .47,3 244 38,6 Total 175 100,0 457 100,0 632 100,0 Unspecified 5 36 41 Notes: Married includes marriage by Olristian, civil or custmary rites. l 51 Table 8 Married Waren : Length of Residence in Cape ToNn of Husbands Husbands Length of Residence Date of Entry in Cape ToNn Number % 6 rronths or less Jan. 1981 - Aug. 81 0 0,0 6 rronths - 21;; years Jan. 1979 - Dec. 80 5 3,7 21;; years - 41;; years Jan. 1977 - Dec. 78 3 2,2 41;; years - 61;; years Jan. 1975 - Dec. 76 4 3,0 61;; years - 81;; years Jan. 1973 - Dec. 74 14 10,4 81;; years - 101;; years Jan. 1971 - Dec. 72 13 9,6 101;; years - 151;; years Jan. 1966 - Dec. 70 40 29,6 M:lre than 151;; years Before 1966 51 37,8 Borners Born in Cape ToNn 5 3,7 Total 135 100,0 Unspecified : 101 Husbands not in Cape ToNn 5 Table 9 Married Waren Ehployment Status of Husbands Husbands Number % Ehployed 194 93,3 Unenployed 14 6,7 Total 208 100,0 Unspecified: 33 Notes: Interviewers were particularly lax in oampleting this section of the questionnaire relating to husbands; this accounts for the high nonresponse particularly to the questions on length of residence in Cape ToNn. This nonresponse could have biased the results in either direction there being no systematic pattern to nonresponse. t 52 \ Table 10 Married Men Place of Residence of Wife Wives Place of' Residence NtmIber % Cape '.l'O.m 98 67,6 Elsewhere 47 32,4 Total 145 100,0 Unspecified: 2 Table 11 Frequency Distribution of Number of Children . I NtmIber of Total In ! Elsewhere Children Cape '.l'O.m 0 43 <. 152· 223 1 97 165 100 2 130 122 105 3 134 61 76 4 III 53 42 5 68 17 19 6 32 7 11 7 14 4 2 8 9 0 2 9 3 1 1 10 4 1 2 645 583 583 Unspecified 9 19 Table 12: NtmIber of Children In Total Elsewhere Unspecified Cape '.l'O.m Total number 972 978 926 68 of children 1 Average number 3,1 1,6 of children .1,7 Notes: Tables 11 and 12: There were nineteen married =uples in the sarrple. To avoid double countirig their children were only =unted once. 53 Case Studies in Influx Control in the Western Cape Martin West* Analyses of the structure of influx control in the Western Cape, and descriptions of the relevant legislation, do little to shew its irrpact at the individual level. Even the figures relating to arrests, and the arrounts fined, are difficult to interpret at the grass-roots level. The cases offered belew are randan exarrq:>les, drawn fran the files of the Athlone Advice Office, which illustrate various aspects - by no rreans exhaustively - of life under the pass laws in the Western Cape. The Athlone Advice Office is a voluntary organisation run by the Black Sash with the support of the S.A. Institute of Race Relations. It is by far the pre-eminent body offering assistance to Blacks who are caught in the complexities of legislation and regulations pertaining to the Western Cape, and its files present a fair reflection of the variety of cases which oc= in the area. The Advice Office say nearly 4 500 cases in 1980, and nearly 6 000 in 1981, which is itself an indication of the level of need for advice and assistance. While the Advice Office issues an Annual Report, it is un able to provide any detailed statistical analysis. The follewing table, drawn fran the 1981 report, shews the distribution of problems under the headings: permit problems, squatters, contract worker problems, and miscellaneous (including housing and a variety of other natters) : TABIE 1 categories of Problem 1980-1 1980 1981 Permits 25% 31% Squatters 36% 32% Contracts 11% 13% Miscellaneous 28% 24% 100% 100% * We acknewledge the assistance of the Athlone Advice Office in allCMing access to their records. The cases presented were collected by the writer, and by senior students in the Department of Social Anthropology: z. Bavasah, H. CladingbCMl, A. Irrpey, C. 'lhanson, A. Thorold, R. Smith and B. Victoria. 54 A IJOre detailed survey of cases was undertaken by the writer in February 1980. It was an average IJOnth, with no particular crises, and in the absence of IJOre recent statistics, this is presented as an ilicucation of the scale on which advice is sought, with a brief profile of the people seeking assistance. In 20 working days.in February 1980, the Advice Office saw 335 clients, slightly IJOre than half (53%) being female. Their average age was 41 years, and 63% of them were in illegal. accamrdation in the townships, squatter camps or as derrestics in the white suburbs. Of those who carre for advice, 17% had been born in Cape TCMrl; of the rest for whcrn figures were available, an average of nineteen years had elapsed since they first carre to Cape Tam. Only half the clients had entered cape TCMrl legaliy on their first visit, and half admitted to not having their dC>CLU!Erits in order. Just over half were married (54%) with 11% widONed, 6% divorced or separate:3. and 29% unmarried. '!he clients were supporting an average of over 3 children each, and 50% were currently enployed in serre fom, legally o..r ~llegally. The categories or problems presented are shewn in Table 2: - TABLE 2 Advice Office Clients : February 1980 Problem Number Percentage Pennits 162 48 Work-related 110, 33 Welfare needs 43 13 Housing 16 5 Miscellaneous 2 1 333 100 'lhese figures support a profile of the average client as -being a matUre adUlt with a history of lengthy residence in Cape Tam; the fact thqt half do not have legal passes and IJOre than -half do not have. legal acoorcrrodation accurately reflects the statistics available for the black population-of cape Tewn as a-whole. The fact that nearly half claimed to be unemployed probably -reflects a -bias in those consulting the Advice Office, for other surveys have ShCMrl a- high incidence of employrrent (formal or informal) even aIJOng those illegally in the area. 55 Selected Cases Life for l:i.ack people in the Western Cape hinges on official permits. 'I'he first case sh= loss of rights through an absence from the Western Cape, and also the necessity of having approved housing. Many people are caught in the vicious circle: no housing, no permission; but no permission, no housing. This is exacerbated by the failure of the authorities to build family housing in the Western Cape to cope even with natural increase of the legal residents. Case 1. Mr. N.E.S. Mr. N.E.S. was born in 1921 at Mount Fletcher, Transkei, and married there. He carre to Cape TOtIIl in 1949, and lived in Langa. His wife joined him in 1953, and both eventually received Section 10 rights. Five children were born in Cape TOtIIl, and the family obtained a house in 1966. In 1974 Mrs. S. returned to Mount Fletcher to nurse her dying nother. She returned after her nother' s death to find that her family had been evicted fran their house, and were nCM staying in 'bachelor quarters'. Q1e of their SOl1S attended school in M:Junt Fletcher for seven years. When he attertpted to get a reference book this was refused because his parents had no fixed address. Efforts to gain a house proved fruit less, and Mrs. S. was arrested in 1978 for being illegally in the area - she had lost her Section 10 rights by returning to Mount Fletcher. The follCMing case illustrates the perils of losing employrrent (in this case the Coloured Iabour Preference requlations which make it far _easier to appoint sareone classified Coloured to a job, appear to have played a role) . This is also the first of the examples of married couples being potentially or actually separated because of differing legal status. Case 2. Mr. S.D. Mr. S.D. was born in 1929 in Nebo, Transvaal. He CanE to Cape TOtIIl in 1950 and worked for an M.P. in Clarem:mt for six-nonthly pericds and in between took. other jobs. He got a reqular job in 1957 and m:JITed to the Ma1mesbury area. He married a qualified local resident in 1964 who had a house in her 0tIIl nanE in Nyanga. In April 1965 Mr. D. carre back fran leave and found that he had to resign his job sinoe his employers had found a Coloured man to take his place. He went back to Nyanga to look for work in Cape TOtIIl, and was told by the Administration Board that he had to go back to Malmesbury. Hawent there and was 'endorsed out', and his book starrped prohibiting him from remaining in the Mallresbury/Piketberg area. He was then told to report to Nebo, Transvaal. He stated that he could not return to his former hare in Nebo because his father lived on a white-CMned farm and the 56 farmer would not all~1 him to live on the fann. There was no African tCM1Ship in Nebo so he could not stay there. He went to live in his wife's house in Nyanga, officially as a ledger, and received rronthly extensions fran the local Registering Officer. He finally found a job, and was able to support his wife and children. He was then eventually given permission to stay in Cape Town. In the next case a woman temporarily lost her rights after going on a six rronth visit. It is an example of the extraordinary rigour with which the authorities sometimes pursue a case. case 3; Mrs. H.M. Mrs. H.M. was born in Stellenbosch in 1947 and has lived there all her life, except for a six oonth visit with her husband to visit his family in Engcobo, Transkei, in 1970. Her husband has lived and worked legally in Stellenbosch since 1945, and in 1978 had been working for the sarre finn for' 13 years. The family had lived on a fann in the Stellenbosch district, but in 1979 they were living in a self-erected shack in Kaya mandi Township in Stellenbosch. After her return fran Transkei in 1970 Mrs. H.M. was arrested and told that her residence had been interrupted and that she was no longer legally resident in Stellenbosch. She had to return to her husband's relatives in the Transkei. She was sentenced to one rronth or R30. She paid the l R30 fine and continued to live in Stellenbosch with her family. In October 1980 she was arrested again. When she reported to the Stell enbosch authorities in order to try and fix up her pass, she was told that they would not fix up her bock and that 'she could go to the highest court' . She was arrested several times for being 'illegal', but was acquitted after appearing in court. The Administration Board, hCMeVer, refused to endorse her book with pe:rmission to be in the Stellenbosch area, and issued her with a temporary pe:rmit. On 11.2.81 her shack was dercolished by the Administration Board and she was given four days to leave the area. She appealed to the Suprerre Court and on 18.3.81 finally succeeded, after a 10 year battle, in restoring her right to be aliCMed to live in Stellenbosch. Costs, were awarded against the Board, who were instructed to re-erect her shack. Not everyone follows official procedures rigorously. In the next case a rrentally-ill rrother emitted to register her son. His subsequent dis appearance was finally traced, but it is not unCOilIrOl1 for careless or impatient prison officials to deny having a particular prisoner. '- case 4. Mr. G.D. Mr. G.D. was arrested on his way hare fran work in 1981, and was unable to preduce any docurrents. His rrother, a permanent resident with 10(1) (a) rights, suffered fran rrental disease, and had failed to register 57 him. Her son had spent some years in a children's home while his mother was in a mental institution. Mr. G.D. 's mother approached the Advice Office after she had heard that her son had been deported to a reformatory. A social worker was engaged to get her son's papers in order. A few days later G.D. was rumoured to be in PoIIsmoor Prison. The prison authorities at first denied this, but he was subsequently found to be there. He spent five weeks in custody. When he appeared in court, his relatives were able to produce a birth certificate and he was discharged. He nON has Section 10 (1) (a) rights in Cape TONn. IDng residence and hard-won urban rights can be lost very easily. The next case is one of countless others of the sarre type. After 25 years of legal residence, a man loses his rights irretrievably. Case 5. Mr. D.D. Mr. D.D. was born in the Transkei in 1932, and carre to Cape TONn in 1948. He was registered, and ao:pired Section 10 (1) (b) rights. He has a wife and 8 children in Cala. He had a break in residence and enpl~t between 1973 and 1974 and consequently lost his Section 10 rights. He was told by the Advice Office that nothing could be done for him. People wishing to visit relatives in the Western Cape require special permits. A young visitor disappears in the next case, having taken advice to give a false identity to the police, and her parents spend two anxious weeks searching. Case 6. Mrs. A.B. Mrs. A.B. is a legal domestic servant in Cape TONn, having oame dONn fran the Transvaal with her enployers. Mrs. A.B. 's daughter, aged 21 carre to Cape TONn on a visit. Her mother did not arrange for a visitor's permit" claiming she did not knON this was required. He!: daughter was arrested on the street, and disappeared. She was advised at the tine of her arrest, by persons unknONn, to give a false identity of a qualified person. The authorities remanded her in custody under this false name while her identity was checked. She was eventually traced to Pollsmoor Prison after two weeks, and bail was arranged. 58 The next two cases are further illustrations of the problems facing ~ried couples who have different legal statuses. The first is a ccmron example, where a wife was not allCMed to jOin her husband because no approved housing was available. The second, where the authorities were exceptionally vigorous (possible because the man had a minor political record), shows problems which can oc= even if the couple have rights in adjacent areas of the same district. Case 7. Mrs. M.S. Mr. M.S. was born in Cape T= in 1950; He net C.M. in 1970. She was born in Tarkastad in 1952, and had entered Cape TOtlll in 1970 without a permit. They were married by Christian rites and had two children, in 1973 and 1975. He tried to obtain a permit for his wife to reside with him, and not knCMing the procedures, sent his wife to Tarkastad for a permit, instead of to the Langa Administration. She was not allCMed to return to Cape TOtlll. An appeal against this decision to the authorities was refused. Case 8. Mr. R. Mr. R. is a pennanent resident of Stellenbosch with Section 10 (1) (a) rights. I He was born in the municipal area, and lived in single qUarter acccmro I dation in Kayamandi TOtlllship. I In 1972 Mr. R. married a wanan who was born in the Divisional Council area of Stellenbosch. On their marriage she was given temporary permission to stay in Kayarnandi with her husband's parents. Their house had three roans and nine occupants. l:f The couple applied for housing but were told none was available, and Mrs. R.'s visiting pennit expired. She was given acccmrodation at her place of work: a Stellenbosch hotel. Mr. R. m:JVed in with her, with the pennission of the employers. Stellenbosch officials did not allCM this, and the case attracted press publicity. Mr. R. was quoted as saying: 'It is my right under Western Civilization to remain with my wife'. A local official was quoted as saying: 'I told him not to come to ne with his Western Civilization; it was his C1Nn choice. He did not have to marry someone fram outside his = area'. The authorities maintained that Mr. R. should live in Kayamandi in the rrn.micipal area, and that his wife - because there was no family housing available - should live in the Divisional Council area. The Administration Board reportedly offered to pay the couple's expenses if they consented to move to a homeland area of their choice. \ / ( ) i ) ( I /' / ( \ t ...... '-'-. z '.l " ..... r' « '- ~ /"'./ ...., ..-; f"."J-- . r '" ,,_.JJ ' j o ~'_..... i /',./r-' ',~-.- ..../..._ .. _._ .. _.-\- -' -- \ 'q':!AMAOUALA}iD ;O,S> --::~ .-- ... -I /-.~ c. '-:--- /' . springbok calvinia 1 GOODWOOD 1----- ~ 1955 IL II! 2 KUlLSRIVER .. LA30UR REPLACEMENT LINE t963 3 BELLVILLE 4 5TELLENBOSCH COLOURED LA30UR PREFERENCE AREA 1967 5 WELLINGTON WEST rnl nlJRFn LA30UR PREFERENCE AREA 59 This was refused, and Mr. R. reported that he was still living with his wife in Kaya>r.andi in his parent's overcrONded house, despite the ruling of the authorities. Most people who risk coming into the Western Cape illegally do so out of necessity. The next two cases are COlmDn stories: waren entering the area to support families, and running foul of the law. Case 9. Mrs. Q.D. Mrs. Q.D. has to maintain an elderly rrother and her two children in Grahamsta.-m. She carre to Cape Ta.-m two years ago without a work permit, on account of the job scarcity in Grahamsta.-m. She stayed with a relat.ive in Guguletu for a while, then got married and lived with her in-laws.- After marriage she worked as a sleep-in darestic servant in Tableview. In ~lay 1981 she was arrested because she was without a permit and released on bail. She carre to the Advice Office to report that she is living in the bush while awaiting trial. Case 10. Mrs. S.B. Mrs. S.B., a widow who has no relatives in her hareland's hare area, was living at Nyanga site with her four children. She visited her sister in Langa in order to obtain rrone1' to ger her sick baby to the Red Cross Hospital. She was arrested because she was in the area illegally, and was fined R60 or 60 days. After serving 6 days in prison with her sick baby, she raised the other R53, and was released. Waren who stay in the rural areas whilst their husbands work elsewhere face considerable difficulties, and their marriages may be at risk, as the next case shows. Case 11. l1rs. F .M. "ers. P.M. was born in Johannesburg in 1932, and carre to Cape Town in 1949 ·...,ith her parents. She married in 1950, and had three children. f"rs. c.M. went to Cala (from where her husband had care) with her children between 1958 and 1964. She sold her most valuable possession - a s8'wing machine - to raise the rroney to retlh'"Il to Cape Town. She found her husband living wi.th another woman, by whom he had had a~other two children. l'1rs. F.M. divorced her husba'1d in 1965. He failed to pay maintenance for the children, and subsequently died. Mrs. F.Yi. visited the Advice Office in J%4 because she was destitute; in 1%') to enguire about getting a job; in 1966 about maintenance for her children; arici finally in 1981, to try to get her poSition legalised. She had been working for the same e.'1"ployor for four years. 60 Illegal enployees have a more precarious existence than other workers, and their families suffer consequently. The next two cases sha.v two results of deportation; the loss of d job and the plight of a deportee's family. I' Case 12. Mrs.'N. Mrs. N., her husband and their 3 children were living at Nyanga site when Mrs. N. was arrested. She was subsequently deported and received financial aid and a letter of employment recommendation fram the Anglican Olurch in Umtata where she stayed. Mrs. N. had been working as a living-in domestic servant for 3 years prior to her arrest. She returned to her former enployer to discover that she haJ been replaced pennanently after she had been CMay two rronths. Ha.vever, her employer pranised that she would reinstate Mrs. N. if she could find no 'other work by the end of that rronth. Case 13. Mr. and Mrs. L. Mr. and Mrs. L. were rrarried in Cape Ta.vn in 1978 by Olristian rites. In July 1981 he was arrested in Nyanga site - he had at that time broken his previous contract and was working illegally as a casual gardener. Mrs. L. came to the Advice Office to seek financial assistance to free her husband. Mr. L. was deported two rronths later to the'Transkei, and Mrs. L. returned to the office to ask them to contact her husband by telephone in Umtata, since she had no way of getting to him. She was destitute and could not lcok after her two sick babies. Legal residents in the Western cape can also suffer official harrassment. The next case appears to be the result of official victimisation in the first instance, follONed by administrative confusiort',QYer finger-prints. It illustrates the lengths the authorities are prepared to go to over petty cases. Case 14. Mrs. N.E.K. I Mrs. N.E.K. was arrested in 1980. She presented two dQC\.mellts, One referring to her as E.K., and the other as N.E.K. One dClClmEnt de clared her to have a 10 (1) (d) temporary pennission to be in the area as a Crossroads resident. The arresting inspectors claimed that she had false dClClmEnts, and'she was remanded in custody for an identity check. She was subsequently released on bail, and appeared in court on five occasions. Each time the state declared that a fingerprint check had sha.vn her to be. a different 'person, qualified in the Eastern Cape. The Advice Office arranged legal defence, and the state arranged to fly da.vn a fingerprint expert fram Pretoria. When the defence lawyers arranged their a.vn expert, the case was suddenly withdrawn. I. .! l 61 Workers on contract are subject to a mass of regulations. The follCMing case illustrates the use of these regulations to regulate accommodation, and to deter rren from bringing their families into the area. case 15. V.L. and A.S. V.L. and A.S. are young rren with 4 years and 7 years service respectively on =ntract to a local dairy. Both are married with children. They were both dismissed fran service because they had been found absent from their compound at night. Contract regulations require that rren should occupy their hostel quarters, with failure to do so being grounds for dismissal. The regulation was designed to deter rren fran bringing families into the area and staying with them illegally in squatter camps. The eq>loyers in question had been warned by the authorities that they might have their labour force reduced if the regulation was not enforced. The carpany admitted that they were making an example of the two rren. The =ntrol over =ntract workers is so extensive, that sare workers prefer to take illegal eq>loyment - as the next case ShCMS. case 16. Mr. S. Mr. S. has been living in Nyanga hostels with his 2 children illegally for the past 10 years - occasionally he returns to Alice on short visits to his wife and rrother. While working at the Koeberg PcMer Station he was arrested and convicted of being in the area illegally. He came to the Advice Office after serving his prison sentence. He was advised to get himself a contract offer at Koeberg and return to Alice with his job offer to re-register. One rronth later Mr. S. returned to say that he was working illegally for a construction carpany because he did not want to stay in cape T= on contract, and had therefore not taken the advice given. The previous Cases have all been relatively short. We =nclude with two 'sagas' illustrating heM problems can drag on and on at the hands of various officials. The next Case is of a 'squatter' which encapsulates in one individual many of the things that have happened to others. case 17. Mrs. R.D. Mrs. R.D. was born in 1933 at Mount Fletcher (Eastern Cape). She came to the Western cape as a child of 11, apparently with her parents, and has resided here ever since. Apart from a brief period when she was 62 a live-in darestic worker, her life in the Western Cape has been an odyssey fran one squatter ccmnunity to the next. She is the mother of 6 children (one of whan is deaf and dumb) and has had to take sole responsibility for their upbringing, after her husband died in 1959. Since 1965, when.she was 'endorsed out' of the Western Cape, Mrs. D, has'been engaged in an ongoing struggle with the Administration Board officials for the right to live and work in this area. The reason given by the Board for ordering her to leave the area was that she was unemployed at the time, and that her rother had been "discovered' at MJunt Fletcher and was willing to accept Mrs. D. and her chiidren on repatriation. (According to Mrs. D. both parents had died in 1952 and she has only distant relatives at Mount Fletcher) • .'-.- At that time (1965) she was living in a shack in Nyanga EaSt with 4 children. She then rroved to Elsies River, and frt:rn there to Vrygrond. In 1974 she rroved to BrChll1's Canp, where she was instructed by an inspector to rrove to Crossroads in February 1975. She was arrested several times in 1975, on charges ranging frail trespassing to illegal trading- (this because 3 loaves of b~ead were found in her dwelling) . In November 1975, follaving =nths of harrasSl1Ent, she was arrested yet again and charged with being in the area illegally (Section 10(4) of the Urban Areas Act) and with resisting arrest. All her furniture and belongings were confiscated at the same time. According to neighbours who witnessed the arrest, Administration Board officials arrived at 6 a.m. and ordered MrS. R.D. to pack her belongings. She protested and refused to leave her children. She was allegedly assaulted (knocked dChll1 and kicked) by the officials. Her furniture was loaded onto a lorry and she was forcibly rerroved. She was later released, and told that she could fetch her things fran Guguietu. After this confrontation with the Administration Board, she appc.rently rroved to the Table View squatter cannunity where she was arrested late in 1979 and her shack demolished. She was held by the police for about 10 days and then returned to Table View to find that all her belongings had disappeared . Eventually, possibly as a result of repeated appeals to the Chief commissioner fran the Advice Office, she was given a temporary permit (Section 10(1) (d) to remain in the area, and told to find proof that she has been here since 1944. In the reantine slle and her children were housed in a tent at Milnerton. Another year of uncertainty ensued until, at last, in June 1981 she was given pmnission to find lcdgings for herself and her chiidren. She was last reported to be attempting to get materials in order to erect a shack at Nyanga. Mrs. R.D. 's record at the Advice Office starts in 1964, and the latest entry j.s 1980. It shows a record of at least 8 arrests, two· alleged assaults, two cases of destruction of her property, and siX changes of residence ~ all in squatter camps. The Urban Areas legislation exempts certain categories of professionals from its provisions. The final case, which is indirectly related to influx oontrol, shavs the problems of a teacher wishing to take up a position in another province. Nobody is uitirnately exempt. 63 Case 18. Miss R.M. Miss R.M., a school teacher in Johannesburg, applied to the local education authorities in Cape Town for a transfer to Guguletu to take up a posi tion as a Sotho teacher there. '!he School Board accepted her application, and she duly arrived in Cape Town. The local School Board, however, had not received permission for her enployrrent fran the Education Departrrent because her transfer had not care through. Miss R.M. went to the Langa authorities for pennission to remain in Cape Town, and they mislaid her reference book. The School Ccmnittee could not enploy her until they had received pennission fram the Education Depart:rrent. The School Board then told Miss R.M. to return to Johannesburg as her transfer papers had been sent there. After three weeks, with no sign of the papers, she returned to Cape TaNn. Six weeks then passed, and she went to the Advice Office for help. '!he local Administration Board stated that Miss R.M. should have applied through the Rand School Board. The application was unusual as 'pro fessional Black people normally work in their own provinces' . The local School Board then wrote to the Education Department in Pretoria, who were then to notify the Transvaal school authorities, who would then arrange a transfer. Miss R.M. was told to return to Johannesburg, and the local school agreed to keep her pest vacant. Miss R.M. finally received offiCial permission to teach in Cape Town eight rronths after she had first arrived. I ~ 64 NYANGA SQUATI'ER DIARY JULy 1981 - DECEMBER 1982* Stephen Devereux Hundreds hit in !rOVe on hostels Nearly 1 000 illegal residents in the derelict Zones hostels in Langa township were evicted when the hostels were earmarked for conversion into married quarters. Those left homeless !rOVed in cold and fog into a barren, vacant area behing the Administrative Board offioes in Nyanga. BY 11 p.m. no shelters of any sort had been or were being erected. (Cape Times 16.7.81) Hundreds held in pass swoop Several hundred people carrping in the vacant lot in Nyanga after being evicted fran the Langa hostels were arrested in a raid by polioe and Administration Board officials at about 3 a.m. this morning. (~ 16.7.81) Teargas fired at crONd Cannisters of teargas hurled by polioernen yesterday scattered a crONd estimated at more than 1 000 black people who gathered outside Langa Ctmnissioner's Court, in protest against the arrest of hundreds of people evicted fran the township single quarters earlier in the week. Those arrested were tried at Langa and at a special court in Manenberg. l'bst pleaded not guilty to the first count of being in the area ill egally for more than 72 hours, but guilty to the secOnd charge of failing to produoe identity documents. They were remanded in Polls ITOOr Prison and their cases postponed to next week. (cape Times 17.7.81) Another 140 held near Crossroads 140 homeless people sheltering under leafy branches and sheets of rusty iron on an q;>en pieoe of ground next to Crossroads were arrested by a strong contingent of polioe in 12 vans yesterday morning, while Peninsula Administration Board officials dismantled the rnakeshiIt shelters. Last-night the Chief Commissioner of the ~t-of C0- operation and Development, Mr. Tirno Bezuidenhout, threatened illegal b~ack residents with deportation to the homelands on a television news broadcast. (r..ape Times 18.7.81) * The cailpilation of this Digest draws heavily on unpublished docu ments prepared by Kathy Luckett and Delia Hendrie and a survey by Joan Grover published as 'The No-Narre Canp' in South African Outlcok, September, 1981. 65 Women, children arrested Police and Administration Board officials in 24 vehicles arrested warren and children carrping in the open at Nyanga today. In this, the fourth road on the evicted hostel residents in less than a week, dozens of policemen watched as Board officials broke down their iron and branch shelters yet again. (~ 21.7.81) Appeal to aid pass swoop victi.m'3 Welfare organisations have appealed for IlDral and material support for those arrested in the pass swoops and for those still living out in the open. Blankets, nappies, tinned food, high protein food and heavy duty plastic sheeting are needed for the IlDre than 100 people still living in the open veld between Nyanga magistrate's oourt and Cross roads. The Black Sash has asked whites to attend the court hearings of the IlDre than 1 100 arrested on pass law charges, as the presence of whites always makes an enorllDus difference. (~ 22.7.81) Passes: Courts can't cope The D:partrrent of Co-operation and D:velqment is flying two extra judicial officers to Cape Town to hear pass law cases at the Pollsmoor Prison courts. M:Jst of those arrested have pleaded guilty to charges and the Athlone Advice Office of the Black Sash is trying to ensure that all those appearing in court are defended. A group of 15 lawyers who work on a roster basis for the Athlone Advice Office are appearing pro amico for those arrested in the past week. (~ 24.7.81) Bitter exposure faces homeless Public response to appeals for the Langa and Nyanga homeless has been good but IlDre wann clothes, food and blankets are needed. One of the IlDst·difficult problems for those evicted from the Langa hostels is hON to keep wann at lON cost. (~ 25.7.81) Langa evicted call for rreeting Homeless black families living on a site near Crossroads have called for an urgent meeting with the Minister of Co-operation and D:veloprnent, Dr. Piet Kcornhof, to discuss their plight. (cape Times 25.7.81 Jewish support for staterrent on Langa The cape CcmTIittee of the South African Jewish Board of D:puties said yesterday that it associated the Jewish ccrnnunity with a staterrent this week in which church leaders condermed the eviction of families from Langa barracks and the subsequent arrest of rren and women, sane wi th babies. (cape Times 25.7.81) j 66 Meeting today on plight of homeless A nondenc:rninational lUnch tine 'meeting of reconciliation' will be held in St. George's Cathedral today to discuss the plight of haneless women and children living on a site near Crossroads. Eight Pro gressive Federal Party M.P. 's, including the PFP spokesman on black affairs, Mrs. Helen Suzman, visited the Crossroads site on Tuesday afternoon and met squatter women and children. Mrs. Suzman said afterwards: 'These women have nothing to go back to in the hanelands. They are purely and sinply here because of work opportunities' . (Cape Tines 30.7 .81) Survival bags for the evicted About 100 of Langa's evicted wornen and children have been issued with 'survival bags' and a University of Cape TcMn lecturer will spend the next two weeks observing how effective these are as shelters. (~ 30.7.8l) Shelter .. , for one of the many A Cape TcMn businessman took the Chulayo family of four, evicted fran Langa, into his suburban home on 'a night when 'it was raining so hard I wouldn't have put a dog out' . (Argus 3.8.81) l Homeless exposed to bitter oold I' Sixteen !TOre former residents of the Langa barracks have been arrested I~ by polioe who yesterday renoved the peoples' plastic and wooden shel ters, exposing them to one of Cape Town's ooldest nights this year. Nearby Nyanga residents took, an estimated 40 childreri out of the cold and wind into their hares. (cape Tines 4.8.8l) r WOmen acquitted on grounds of necessity ',' A Transkei !TOther who said she was foroed to seek work in Cape TcMn ,was aCXjUitted yesterday of pass law charges in a special court sitting in Pollsnoor Prison. The wcman' s defenoe oounsel said she 'faoed a choioe of either starving or breaking the law'. The ccmni.ssioner said her cas,e was one of neoessity and the prosecution had not beeil able to prove otherwise. (Cape Tines 6.8.81) Koornhof denies sheets of plastic were remJVed Dr Koornhof denied at a press oonferenoe yesterday that horne less Nyanga women had been deprived of makeshift shelters. His claim is contradicted by Cape Tines photographs of recent polioe' action against squatters. (Cape Tines 8.8.81) 67 Reports of illness among !)abies Cases of gastro-enteritis, bronchial pneurronia, infections and diarrhoea have been diagnosed among babies and y=g children living with their parents in the open near Crossroads. A doctor who examined 25 children said that these illnesses were definitely the result of exposure and lack of sanitation at the camp. (Cape TiJnes 8.8.81) Conditions of homeless shock 5 M.P.'s Five PFP M.P. 's who visited the field home of !lOre than 600 evicted residents of Langa barracks last night, expressed shock at conditions there and said it was eVidence of the failure of the influx control, homeland and separate development laws. (Cafe TiJnes 8.8.81) Report back After a story on a campaign to bath babies living in the open at Nyanga was published in Wanan' s Argus last Wednesday, up to 150 people an hour telephoned the Catholic Welfare Bureau to offer help. One praninent Cape Town wanan decided to offer accommodation to two needy children at the so-called 'No-Narre Camp'. When she went out to Nyanga she was horrified at the desperate nothers who besieged her car, begging her to take their babies. (~ 10.8.81) Lawyers into the breach Advocates and attorneys in the Cape Peninsula have been caning forward pro amico to assist evictees with adVice and defence in court, to the credit of the local legal profession. (~ 11.8.81) Squatter shelters destroyed at dawn About 45 makeshift shelters put up by the Nyanga homeless were burnt down by about 50 policerren with dogs and anted Administration Board officials in a raid just after dawn today. The raid follC!fJed a warning by Dr Koornhof yesterday that he would not tolerate the building of shacks near Crossroads. »:!anwhile Shawco, the Students' Health and Welfare organisation, has decided to provide a fully staffed mobile clinic at the camp on week ends and on Wednesday evenings. Mrs. Helen Suzman, M.P. for Houghton, and Mr. Ken Andrew, M.P. for Gardens, are to call for an errergency half-hour parliarrentary debate over the action of police and Adminis tration Board officials. Mrs. Suzman visited Nyanga today and said she was aosolutely appalled by the destruction of shelters and what she described as the authorities' new technique of trying to starve the squatters out. (Argus 11.8.81) Govt has 'gone mad' The PFP M.P. for Houghton, Mrs. Helen Suzman, said after witneSSing the burning of squatter shelters near Crossroads yesterday: 'n is my considered opinion that the governrrent. has gone mad. It seems to me 68 that Nyanga is under siege. Non-one can even get in there to give the people assistance. Where are they going to sleep? ... I don't believe they are going to move or go home to the Ciskei or Transkei. There are no opportunities for them whatsoever there, and the WCllT'efl would be hundreds of miles fram their husbands'., (Cape Times 12.8.81) Squatters under food siege Mr A.A. Louw, chief director of the Administration Board, said today that no-one would be allo.ved to take food or anything else into the squatter camp where about 400 squatters are without shelter, food or water following yesterday's dawn raid. (Argus 12.8.81) Her garage is shelter for homeless A young white m::Jther fran a Western Cape country town has taken 12 of the Nyanga hameless to live in the double garage of her home. (~ 12.8.81) W:::man with food arrested A white ~ had her car surrounded by Administration Board officials and was arrested while trying to take food to the homeless people of Nyanga today. (~ 12.8.81) M.P. 's and public barred fran site 72 huts sheltering m::Jre than 100 homeless blacks were burnt by Adminis tration Board officials near Crossroads yesterday m::Jrning, but MP' s. concerned people and journalists were barred fran watching the operation. Last night Dr Koornhof issued a statement to SATV sa1'ing that the govern ment's action against the Nyanga squatters was not inhuman. He said squatters had been given up to two years notice to vacate their dwellings. (Cape Times 12.8.81) COngressmen Cry after Nyanga visit Unite4 States congressmen broke down and wept after visiting Nyanga where police destroyed 'shelters at dawn yesterday after one of the coldest nights of the winter. The congressmen were rrembers of a dele gation of five, headed by the chainnan of the House of Representatives Africa suJ:rcorrmittee, Mr. HCM'ard Wolpe, who spent four days on a fact finding mission in South Africa. 'We witnessed the desperation and human tragedy which we had heard so much about but were so wanting to disbelieve. We SCM the human cost of apartheid " Mr. Wolpe, sind. (Cape Times 12.8.81) NGK criticises winter evictions The Kerkbode official journal for the Ned Geref Kerk, this week criti I cised the timing of the Nyanga evictions during a periOd of cold, icy weather which 'lends a callous colour to official actions which hardly r appear Christian'. The editorial reiterated the NGK's opposition to t)1e migrant labour system with which the influx of' the' Langa squatters was connected, because of its 'adverse effect on family life. (~ 14.8.81) 69 Nights are 'very, very oold' Food and clothing were distributed to heroeless people in Nyanga East from three collection points yesterday and women and children were housed in private heroes and churches. At the campsite men and blanket clad women stood around in groups, with little bundles of clothes and other belongings lying nearby. (~ 14.B.Bl) Suzrnan tribute to city people Mrs Helen Suzman paid tribute yesterday to Cape Town citizens who had provided food, clothing and shelter to the heroeless squatters at Nyanga East. 'You are all that stands between hundreds of victims of a rotten system and utter despair' she told about 900 people who packed Cape Town City Hall at a protest meeting. (Cape Times 15.B.Bl) Squatter agreement Dr Piet Koornhof has reached an agreement with the Transkei government on the Nyanga squatters in an effort to alleviate their plight, but they will be left hareless until the dispensation takes effect. The tenns of agreement were: ~ Uncontrolle¢ squatting 'cannot be tolerated and will not be tolerated in the interest of the squatters themselves'. ~ No squatting would be allowed on the Nyanga site, not even while the future of the squatters was being finalised. ~ Every case would be oonsidered on merit. Where a person was already employed the position would be legalised and accommodation would be arranged. ~ Unemployed squatters would be offered work in the Transkei and Orange Free State. Those rejecting this offer would not be accomodated in the Peninsula. ~ The people involved would have to report to the Nyanga Labour Bureau from Monday next week where they would be seen by South African and Transkei government officials. Dr Koornhof asked the squatters to co-operate fully, but could give no assurances that families would be kept together, nor that seroe people would not be sent back to their heroelands. (Argus 15.B.Bl) Smugglers of mercy Housewives defied government orders to keep out of the Nyanga squatter camp this week in order to smuggle food to the destitute squatters. (Sunday Times 16.B.Bl) State plan: Squatters say families cannot split The Nyanga squatters started their fifth week in the open yesterday, and they decided at a church servioe to reject any government plan which would split their families. (Argus 17.B.Bl) Speech to squatters: Press told to leave Policemen ordered 10 journalists and television cameramen to leave the squatter camp near Nyanga yesterday when Mr Tirro Bezuidenhout was due to explain details of Dr Koornhof's 'new deal' to the homeless squatters. (Cape Times IB.B.81) 70 City squatters: l-layor petitioned Sir Richard Luyt, regional chairman of the Institute of Race Relations, led a deputation to the l-layor of Cape TONn, Mr. Louis Kreiner, with a petition frem 13 promineent City businessmen and 100 other prominent citizens. The petition was also supported by the Cape Committee of the SA Jewish Board of Deputies, and it condemned the treatment of the Nyanga squatters on behalf of the petitioners and the general public. (Cape 'i'ilres 18.8.81) Squatter talks end in deadlock Negotiations at Nyanga yesterday afternoon between spokesrren for the squatter community ~~d Mr Timo Bezuidenhout ended in deadlock. Mr Bezuidenhout refused the squatters' request to remain in the area with proper roofs aver their heads, and the squatters refused the jobs offered elsewhere in the Republic by Dr Koornhof. They insisted Llat they be allo.ved to remain together as families. M2rnbers of the Transkeian diplomatic mission, a social workers ~~d three Anglican clergyrren accompanied representatives of the squatters to the talks with Mr Bezuidenhout at the Nyanga Administration Board offices. (Cape Tilres 19.8.81) Re!roved: 2000 squatters taken CMay Nearly 100 policerren in about 8 vehicles and accarpanied by dogs cordoned off the Nyanga squatter camp at 6.20 a.m. today and took CMay about 2000 squatters in police vans. The raid was the largest single such oper ation in the Peninsula in many years, a~d effectively closed dONn the 'no-narre' squatter camp. Acoording to Dr Koornhof the squatters were 'removed' in order to defuse the situation and to promote effective action. (Argus 19.8.81) Roadblock near prison At least one roadblock has been set up on the road to Pollsmoor prison, where it is believed the squatters have been taken, and police are ~t refusing to arrest rrore squatters 'because they do not have any rrore I' roan for them', a spokesman for the Waren's Moverrent for Peace said today. According to her the squatters were being held under the Illegal Inmigration Act which allowed for 6 rronths imprisonrrent without the option of a fine, or deportation. (~ 19.8.81) Assembly erupts in major rON on Nyanga A major parliamentary rON broke out yesterday as. gavernrrent ministers reacted angrily to oppoSition allegations of outrageous, callous and in- human treatrrent of Nyanga squatters. (Cape Tilres 20.8.81) Sent back in buses - Squatters on the road to TranSkei M:lre than 1000 squatters of the 'non-name' canp at Nyanga were sent back to Transkei by bus last night, a gavernrrent spokesman confirrred today. They were to be taken to the Transkei border and given train tickets to the station nearest to the places from where they came. Meanwhile 250 !len, women and children who avoided arrest in yesterday's raid have taken refuge in a church'hall. (Argus 20.8.81) 7l Nyanga: Mayor defends city The Mayor of Cape To.vn, Mr. Louis Kreiner, said yesterday that the Cape To.vn Ci.ty Council had not been involved in any way in the events leading to the present squatter situation at Nyanga or in the action that was being taken there by the authorities. (Cape Tines 21.8.81) 1000 march to Parliament lIbre than 20 policerren in carrouflage uniforms and with dogs yesterday confronted a crCMd of about 1000 people who refused to disperse after being told their march to parliament was unlawful. The confrontation follaved a lunchtilre prayer rreeting at St. George's Cathedral at which :L a IIEllOra'1dum to Dr Koornhof was read out. The crCMd eventually dis- persed after Mrs Helen Suzman and Mr Ken Andrew, PFP M.P. 's for Houghton and Gardens, assured the people that the IIEllOrandum had been handed over. (Cape Tines 21.8.81) NP, PFP clash over protesters For the second successive day the illegal march on parliament by the Nyanga squatter protesters caused a ray in the House, this tine because the Minister of Finance, Mr Horwood, accused PFP rrembers of being involved in the denonstration. Mrs Suzman interjected that the PFP had been tl:ying to disperse the cra..ti, not encourage the procession. (Cape Tines 21.8.81) 1000 squatters deported from SA to Transkei M:>re than 600 nell, women and children being deported from South Africa as illegal residents arrived at the Kei Bridge border post in 9 buses by 6.30 p.m. yesterday. Police were in the area by 7 a.m. yesterday and road blocks ~e set up. Eight train coaches were standing ready to ferry the people across the Kei bridge. (Cape Tilres 21.8.81) reported squatters to get new job offers In terms of an agreenent between Transkei and South Africa, Transkeian blacks who have been deported from the Western Cape will again be offered jobs elsewhere in the IEpublic, a spokesman for the repartnent of Co- operation and reveloprent said today. (Argus 21.8.81) Transkei churches help stranded families The Transkei Council of Churches yesterday shepherded the squatters deported from Cape Tavn into church halls in Urntata, and the Prilre Minister, Chief George Matanzima, delivered a stinging rebuke to the South African government. (Cape Tines 22,8,81) iJ.O.ol Dr K quit TV talk Dr Piet Koornhof stalked out of a television prograrme on the Nyanga squatters issue this week, 90 seconds before the progranrne went on the air, after his demand to be quizzed from a prepared list of questions only was refused. (Sunday Tilres 23.8:81) 1 72 Transkei returns squatters 'Ihe Transkei goverrurent is assisting nearly 1 000 squatters to return to Nyanga in protest against South Africa's' decision to 'durrp' them in Transkei, the Prill.e Minister, C1lief George Matanzirna, said yesterday. 'Ihe SA goverrurent is reported to have asked Transkei to prevent the 'squatters from returning. But the Transkei Foreign Minister, Rev G.T. Vika, claims that South Africa agreed last week to legalise the position of all Transkeians who were employed in the Western Cape, and to con sider the position of remaining Transkeians there 'on merit' to see whether they should be returned to Transkei or not. In his statement C1lief Matanzima said: 't.'1e governme."1t of Transkei has previously registered strong objections to the broad definition of citizenship contained in the Status of Transkei Act of 1976. .As Ions Ii' as SA regards every Xhosa-speaking person a citizen of Transkei, relations between our countries will be severely strained'. (Cape Times 25.8.81) i Squatters arrested Three bus loads of Nyanga squatters deported to Transkei by the SA govern ment last week, were arrested at a roadblock in Cradock on Sunday. ! Police confirrred that 22 men and 26 women have been charged will ill- ( egally entering the Republic. (Cape Tirres 25.8.81) No signs of return at Nyanga site In spite of reports of bus loads of squatters seen returning to Cape TCMn, there was no sign at Nyanga last night that any of those deported to Transkei last week had returned. At the Holy Cross church about 18 tents, housing several hundred people, were pitched and a Red Cross ','" relief caravan stcxx1 near the entrance. (Cape Tirres 25.8.81) " Govt offer on squatter children 1 'Ihe Department of Co-operation and Developtent has offered to take dlildren separated fran their rrothers in the recent police, raid on Nyanga to their rrothers in Transkei provided they could be contacted. (Cape Times 25.8.81) Sebe says SA 'refuses to think' Ciskei 's C1lief Minister, C1lief lennox Sebe, yesterday =iticised the South African goverrurent for its handling of the Nyanga squatter problem, saying 'they refuse to think when dealing with the Nyanga affair'. (Cape Times 25.8.81) 75 'illegals' sent back to Transkei About 75 people arrested at a police rOadblock at Touws River were put on board SAR buses for Transkei at the police station last night. 'Ihe To\.rws River roadblock is one of several being manned by police in an attempt to =b the fleM of squatters trying to return to the Western Cape after being deported. (Cape Times 26.8.81) 73 800 held in raid About 800 refugees were arrested in a 4 a.m. police swoop on the Red Cross energency camp at the Holy Cross church, Nyanga today. (~ 26.8.81) 349 arrested and deported to Transkei A total of 349 people arrested during Wednesday's raid at the Holy Cross church in Nyanga have been sent back to Transkei while 69 others, all fran Ciskei, will s=n face charges of being in the Cape Peninsula illegally. A further 108 people have been released fran Pollsmoor Prison, after proving to be in the area 'legally' or giving 'acceptable reasons' for being in Cape Tam. (Cape Tines 28.8.81) Roadblocks stem tide of squatters Police have set up roadblocks outside six tams on the national road between Cape TcMn and Transkei to stem the return of deported squatters. Large groups of foorer squatters have been arrested near Cradock and are due to be deported to Transkei for the second tine. (~ 28.8.81) Minister's wife questioned after police stop squatter bus Mrs Kathy lllckett, who with her husband the Rev Sydney lllckett, has been closely involved with the Nyanga squatters, was questioned by Security Police early today when the bus in which she was travelling with 30 people was stopped at Cradock. Mrs. lllckett left Umtata yesterday with a number of wrnen and children who spent a week in a church hall in the tam. She was issued with a certificate by the Transkei government stating that the warren had children in Cape Tam and rrost of the people had no hare in the Transkei. (Cape Tines 28.8.81) C1lOlrges against 50 dropped The Attorney-General of the Eastern Cape, Mr E.C. Heller, has declined to prosecute 50 Transkei citizens who were arrested at a roadblock near Cradock on Sunday. The 50 left Cradock by bus for the Transkei early yesterday. (Cape Times 29.8.81) Action on squatters 'unchristian' The Nyanga hare less were the victims of the rrost unchristian action seen in recent tines in South Africa, Bishop Desrrond TUtu, general secretary of the S.A.C.C., said yesterday. He was addressing about 400 people at an interdenaninational CCIlpassion service at Holy Cross C1lurch in Nyanga East. (~ 31.8.81) Squatters: Govt claim contradicted Records kept by the Black Sash have contradicted government claims that there are no jobs for the 1000 Nyanga squatters dumped in Transkei. The organisati.on's records indicated that the vast majority of the squatters had lived and worked in the area fran two to ten years or rrore. AnalYSis of 540 Athlone Advice Office cases has sham that 37% of the people inter viewed entered the Cape Tam area rrore than 10 years ago, and that alrrost all of them had found adequate work to support their 2310 children. ~DSt of the 540 people were employed illegally, the women generally as darestic workers. (Cape Tines 27.8.81) 74 Squat.ters carnoaiQIl orcjanisers narred' The Minister of Co-operaUon and Development, Dr Piet K=rnhof, yester day accused the following organisations of "orchestrating the Nyanga squatUng campaign': the WCI!1'lOn's Movement for Peace, the Civil Rights league, the WP Council of Churches, the Black Sash, the Catholic Ccrrrnission for Justice and Peace, the PFP, and a number of individual churchrren. According to Dr K=rnhof 922 people had been 'processed out' of the Peninsula after the recent Nyanga raids, but in the past five days, 8984 people in 229 buses and eight other vehicles had been stopped on their way frcrn the Transkei to the Cape. Only 129 of these people were forner Cape squatters. (Cape Tines 1.9.81) K=rnhof's accusations rejected Organisations and individuals have denied accusations by Dr K=rnhof that they were part of an 'orchestrated and organised campaign to seek embarrassing oonfrontations with the government'. (Argus 1.9.81) Squatter charge challenge to government Mrs Helen Suzman challenged Dr K=rnhof yesterday to produce pr=f of his 'bizarre' and 'completely untrue' allegations against organisations he said had enoouraged the Nyanga squatUng. (Cape Tines 2.9.81) BaPY dies on squatter bus An eight rronth old baby died on board a =ONded bus at a police road block near Worcester last week. The baby was travelling back to Cape TcMn frcrn Transkei with his rrother after being deport;ed recently frcrn Nyanga East. (Cape Tines 2.9.81) lI Evicted squatters seek refuge About 200 evicted squatters frcrn Cape TcMn arrived in Umtata last night, bringing t1!e total. hCl!1'lOless now seeking refuge there to rrore than 800. At present the squatters are staying in three large church halls, and are being fed by the Transkei army. The Foreign Affairs se=etary, Mr A. Dunjwa, flew to Cape Town today to discuss the refugee situation with senior African Affairs officials. (~ 2.9.81) Squatters official replies to =itics The Director-General of Co-operation and Develq::m=nt, Mr J. MillS, said in an interview that the abnormally high number of blacks, many of whcrn had apparently not lived or worked in Cape TcMn before, who had been heading to the Peninsula in buses in the past week indicated an organised canpaign aimed at confrontation. HcMever he could not say whether charges of incitenent would be laid against organisations alleged to be orchestrating the squatters' return. (Cape Tines 2.9.81) 75 J I , Agreerrent ' an 'understandin;r. , Mrs Helen Suzrnan yesterday accused Dr Kexmmof of trying to restore his political credibility by announcing an agreement with Transkei over the Nyanga squatters. Two days ago parliament was told that there was in fact no agreement with Transkei on the issue. The Foreign Minister, Mr Pik Botha,said at question time that after a regular exchange of views between the two governments, 'an understanding was reached on oertain aspects'. (Cape Times 4.9. 81) Missing children Church worker Kathy Luckett is trying to traoe 93 children who were left behind when their rrothers were arrested in Nyanga and deported to Transkei. The waren have been trucked fran Umtata to rural areas by the Transkei anny. (~ 4.9.81) (' ( Black Sash denies disobedience caIlJ?aign 'Neither the Black Sash nor the Athlone Advioe Bureau has promoted or taken part in a caIlJ?aign to promote civil disobedienoe or frustrate government policy. We have interviewed squatters who were arrested, arranged bail and legal defence and tried to help employers and relatives to find missing people - rrostly waren and children. We have played no part in the alleged return of the deported squatters to Cape 'I'cM1 other than notifying the authorities of those illegally deported.' (letter fran R.N. Rd:>b, Argus 7.9.81) 300 held at ci~ roadblock for passes More than 300 people have been arrested for pass law offences at road blocks to cape 'I'cM1' s African t=hips over the past two weekends and SaTe have been deported to Transkei. The organising secretary of the Athlone Advice Office, Mrs Val west, described the action as 'authoritar- ianism gone absolutely wild'. (Argus 9.9.81) Squatter rrothers to return to babies II 'lhe Departrrent of Foreign Affairs admitted today that 'a handful of children' were left behind when squatters were rerroved fran cape T= to Transkei. A spokesinan said that arrangements had been made for the rrothers to return to Cape T= to collect their children. (Argus 22.9.81) Squatter rrothers refuse to be divided py officials OffiCials fran the Departrrent of Co-operation and Development and the Western Cape Administration Board sent to Umtata agreed to allCM rrothers who had left children in Cape T= to return to fetch them so long as they came in 'small groups under =ntrol'. Ho.vever the waren refused to board the buSes prOVided, demanding that they all return to Cape 'I'cM1 together. (Cape Times 1.10.81) Squatter rrothers refuse offer to have their children sent to them An offer by the SA governnent to send the children left in cape T= ~o their parents in Umtata was turned d= by the parents, who want to return to Cape 'I'cM1. 90 to 200 separated children are staying with 'foster parents' in Cape 'I'cM1' 5 African t=hips, while the parents are staying in two church halls and a hospital building in Umtata. (The So.vetan 9.10.81) 76 Transkei Governrrent receives cheque of R35000 fran SA Governrrent Two Ministers of Transkei met the South African l1inister of Foreign Affairs, Mr Pik Botha, to 'discuss the fut.ure treabrent of Transkei cit.izens'. After negotiations the Transkei governrrent received a cheque for R35000 to allow for the return of squatters to villages in Transkei or to South Africa. However even before the meeting had taken place it was confirmed that the 550 squatters were already on their way back to Cape Town. (The Sowetan 9. 10 . 81) v.estern cape Church!llen approach Dr Koornhof on behalf of squatters '!he Western Cape COW1cil of Churches has lodged two requests with Dr Koornhof through Mr Tino Bezuidenhout. The first is for a site-and service scheme to be set. up for the 2000 people evicted fran the ~yanga bush site; and the second is for Dr Koornhof to honour a promise made by Mr Bezuidenhcuc that all b"lose living at the Nyanga squatter site anc with regular errployn-ent would be 'legalised'. (Sunday Express 8.11.81) No squatting in Cape Town A spokesman for the Department of Co-operation and Development says b~at there is no identifiable s'Tc1atting in the Peninsula except for the , legal' squatter caItlJ at Crossroads. 24000 shacks had been rerroved at 12 separate camps as the squatter problem was 'rropped up'. The spokesman also said that the influx of illegal squatters in October had now. been limited to manageable proportions, .wi th about a bus-load of people being sent back to the Transkei each week. "However those with fixed errplo-yrrent were being treated syrrpathetically. (Argus 10.11.81) Predawn raid at Nyanga In a predawn raid by police at Nyanga on 19 November, 18 men and 15 waren were arrested for being in the area illegally. All the women were de ported while the men were brought to trial W1der the Admission of Persons to the Republic Regulation Act. (Cape Times 20.11.81) Letters fran Transkei government no help to Nyanga squatters Former Nyanga squatters who were given R60 and letters of recommendation by the Transkei government were given no preferential treatment regarding registration for errployment on their return to the Western Cape in October. (Cape.TimeS 26.11.81) Squatter shelters rerroved Up to 300 Nyanga squatters were left without shelter following the demo lition and confiscation of two large plastic shelters by Administration Board officials at 9 a.m. this rrorning. Many of those affected had recently returned to Cape Town and were negotiating with the Adminis- trationBoard for residence permits. (~ 25.~.82) 77 Squatter raid: Police open fire Police and Administration Board officials chased 100 squatters who fled from their re-erected shelter at Nyanga when it was raided at 12.30 p.m. today. A policeman threw his baton at one of the people and then the police opened fire. Apparently four rren were shot. Three were taken away by police and the fourth was taken to hospital in a private car. A further seven rren and three warren were arrested for public violence. The plastic structure which housed the squatters was derrolished after the sh=ting. A police liaison officer said that one of the Riot Squad policerren was hit over the eye with a stick and two of his colleagues were hit over the back with kieries. He said that the police were called in to pro tect the Administration Board offiCials, who on arrival at the camp were surrounded by about 100 squatters armed with sticks and bricks. (~ 16.1.82 and Cape Tilles 27.1.82) Squatters held in pre-dawn raid M::lre than 100 police and Administration Board inspectors partiCipated in the third raid in three days on the Nyanga squatter camp early this morning. The police, amed with rifles, pistols, clubs and batons, arrested six rren and three warren on charges of being in the Peninsula illegally. Same more men were arrested in a follow-up operation. (Argus 27. 1. 82) ~anga Bush Committee issue statement The Nyanga Bush Cammittee representing the squatters made a statement last night in which it appealed to the government 'in the name of God, to listen rather than sh=t us'. The committee said that many squatters had worked in Cape To.m for 15 to 20 years, and nON demanded rights and accorrrocdation in the area. (Cape Times 28.1.82) 'lWo squatters in court charged with public violence 'lWo of the men arrested in the clash between squatters and police on the 26th were charged with public violence and remanded in custody until February 1st at the Athlone Magistrate's Court today. Two other men scheduled to face similar charges did not appear because they were in hospital with injuries. (Argus 28.1.82) 'lWo squatters in court charged with being in the Peninsula illegally At the Langa Commissioner's Court today Mr Tshika was remanded in custody until February 2nd. Mrs Hlcm~la's case was pu~tponed for one day after her defeace had argued that sne was not aware she was doing wrong - having been issued in the Transkei with.a document authorising her return to the Cape - and that her actions in Cape To.m were precipitated by necessity. (~ 28.1.82) Three more raids at Nyanga Police raided the Nyanga squatter camp for the fourth consecutive day early this mornL~g. Three raids were made; at 12.35 a.m., 3.15 a.m. and 6 a.m. . (Cape Times 28.1. 82) 78 Bezuidenhout meets squ~~ters Mr Tim:J Bezuidenhout met a delegation of seven squatters in the Nyo.nga Administration Offices after promising tr~m safe conduct, and offered to place the men in legal employment under 12-lIDnth contractS, providing the Department of Manpower certified that coloured labour was not available. The squatter representatives rejected this offer as it would require the men to live in single quarters and send their wives and children away. They wanted to be registered as local residents so that they could find their own accommodation and legal employment. (ArgUs 28.1.82) Squatter IIDther convicted Mrs Margaret Hlornela was today convicted in the Langa Commissioner's Court of being illegally in the Peninsula for IIDre. than 72 hours. Hlarela, who has worked here as a char since 1968, was fined R70(or 70 day:;) sus pended for 12 IIDnths on condition she obtained permission to stay in the Peninsula within 14 days, failing which she must return to .the 'i'ranskei. 'lWelve similar cases were also· processed in the· Court today, with conditional fines ranging from R60 (or 60 days) to R90 (or 90 days) being handed dCMIl. The higher fines were imposed because of previous convictions for similar offences. (Argus 1. 2.82 and Cape Times 2.2.82) squatters till have no shelter Squatters on the sand dune site at Nyanga have been sleeping in the open since their shelters were repeatedly broken dCMIl in raids last week. (~:3.2.82) Names of squatters for Board Nyanga squatters today handed an official of the Administratior. Board a list of names of the people in their group. This foll~ a fourth meeting yesterday between squatter representatives'and Mr TiIID Bezuid- enhout. (~·4.2.82) Mrs Ipckett told she can stay in SA In a reversal of an earlier deCision to exp=l Mrs Kathy Luckett from South Africa, the Department of Internal Affairs has granted her perm ission to remain in the country indefinitely. The Department's initial refusal to renew Mrs Luckett's temporary residence permit was believed to be linked to her involvement as a church worker with the Nyanga squatters. (Cape Times 8.2.82) squatter arrests Between 60 and 80 squatters were arrested during a 2 a.m. raid on the Nyanga sand-dune site this rrorning. (Argus 10.2.82) Delegation to City Council on squatter .prOblem A delegation carprising Sir Richard Luyt, Mr Rene de Villiers and Professor Louis Ahrens met with the Executive Cammittee yesterday for a discussion on Cape T=' s squatter problem. The delegation asked the council to set up a Mayor's· ccmnittee of influential people to ensure L that squatters were treated with 'vision and understanding'. • . (cape Tilies 10.2.82) 79 Squatters paid RlOOO for lawyer's letter An urgent letter written on behalf of the Nyanga squatters in December by a Cape Tcwn attorney was not posted until rrore than a rronth later, and the squatters were charged RlOOO by the attorney. The letter was addressed to Mr Tirro Bezuidenhout, and contained urgent applications for about 140 squatters to live and work in the Cape Peninsula. The Rev Sydney Luckett has lodged an objection to the high fee and delay in posting with the Cape Law Society. (Cape Times 11.2.82) Arrested squatters sent to Transkei 58 of the 62 squatters arrested in yesterday's pre-dawn raid at Nyanga have been sent back to the Transkei by bus. (Cape Times 11.2.82) RlOOO letter: Law Society asks for report The Law Society of the Cape of Good Hope has asked the attorney who charged the squatters RlOOO for drafting a letter on their behalf for a full report on the matter. The attorney said that nurrerous consultations, many at night, were included in the fee. He explained the delay in posting the letter by saying that the squatters had wanted to add further narres to the enclosed list of applicants for work and residenoe permits. (Cape Times 12.2.82) Minister of Polioe confirms shooting The Minister of Police confinred that one person was wounded when polioe q:Jel1ed fire during a raid on squatters at Nyanga on January 26. (Argus 12.2.82) Transkeian and South African officials to meet The Transkei Minister of Foreign Affairs is to arrange a meeting between a South African and Transkeian delegation to discuss the continuing deportation of squatters fran South Africa. The Minister, Mr M Lujabe, said that there was an unemployment crisis in Transkei and these people had no choice but to seek work in South Africa. 'Unfortunately the stanach kn~ no regulations', he added. (The Star 13.2.82) More squatter arrests About 50 people arrested in a 3 a.m. raid on Nyanga squatters this rrorning have been deported to the Transkei. Earlier this week a bull dozer was used to flatten the sand dune on which the squatters had been living. (~ 18.2.82) Squatters' Nyanga dune site raided About 60 police and Administration Board inspectors in 11 vans and a large truck today raided the Nyanga dune site where approximately 60 squatters had erected shelters at the weekend. The squatters fled and it is believed that no-one was arrested. The police then demolished their shelters. (~ 22.2.82) Squatters ask for medical help The Nyanga squatters have appealed for medical assistanoe as several of the older waren and young children are ill. (Argus 26.2.82) 80 Churches take up squatte~ issue Mr Timo Bezuidenhout is to meet representatives of the Western Province Council of Churches on March 1st to discuss the issue of the Nyans-a squatters. (Cape Ti.rres 27.2.82) schemes for squatters rejected '!he delegation of the Western Province Council of Churches !lEt today with Mr Timo Bezuidenhout and put forward the fo11CMing four requests: ~ Those squatters with employment be legalised without being required to return to Trariskei to get contractS; ~ legislation be extended to women; ~ land be sought" for a site-and-service scheme for the squatters; ~ the squatte:rsbe allCMed to remain with their families. (Argus 2.3.82) Squatters fast in Cathedral 56 people fran the Nyanga squatter camp spent Tuesday night in St. George's Cathedral at the start of a period of prayer and fastirig for the right to live in the Western cape with their families. The adults are not taking any food but the babies are being provided with milk and baby foods. (~ 11.3.82) Bezuiderihout's plea to squatters Mr Timo Bezuidenhout has appealed to the "Nyanga squatters fasting in St. George's Cathedral to reconsider their action and to accept his offer of contract employment. (Argus 11.3.82) Squatters: 'We'll fast until we die or ... ' '!he 56 Cathedral squatters today reiterated that they would fasi: until they die or until Dr Kcorrihof grants them permission to legally remain in cape Town. One pregnant rother has been "taken to hospital, and one baby has been taken to the Red Cross Hospital, dehydrated and feverish. (Argus 12.3.82) . Pregnant rother loses baby A five-ronth pregnant Nyanga squatter suffered a miscarriage in Groote Schuur Hospital yesterday after fasting since Tuesday. A doctor said that the miscarriage may have been caused be severe. eootional and physical strain. Two rore waren, one of them pregnant, and a baby were also taken to hospital, but the waren were soon discharged. (Cape TillEs 13.3.82) foEdical watch on weakening squatters . The Nyanga squatters, in the seventh day of their fast at St George's Cathedral, will new be under constant rredical observation byrredical officers of the St John Ambulance and rrerrrers of the church. A doctor will visit them daily. They have agreed on rredical advice to take vitamins and fruit juices. (Argus i5.3.82) !' t 81 ~bre squatters ask to join the protest About 150 squatters evicted fran a fann in EIDfulino have asked to jOin the Nyanga squatters in their vigil in the Cathedral. Their request was refused as 'frau a humane point of view it is irrpossible to accanm::date them'. (Cape TinEs 15.3.82) 'Stiffer' law invoked against arrested squatters About 30 people were arrested in a raid on the Nyanga dune site on Friday 12th. For the first time, two of the squatters were charged under Section 22 of the Admission of Persons to the Republic Regulation Act of 1972, and deported. This law allows for 'illegal residents' to be jailed for up to three Il'Onths without the option of a fine and then deported. Up to now the squatters have been charged under Section 10(4) of the Black (Urban Areas) COnsolidation Act, which provides for a maximum sentence of a fine of R90, or 90 days. (Argus 16.3.82) Mayor of Cape Town urges Governrrent to g;)ek a solution The Mayor of cape Town, Mr Kosie van Zyl, today urged the governrrent to seek an urgent solution to the plight of the squatters fasting in St. George's Cathedral. (~ 16.3.82) Dr Koornhof neets church leaders At a rreeting with church leaders yesterday Dr Koornhof agreed to rreet squatter representatives provided that those fasting left the Cathedral. The squatters fearing arrest, have rejected this offer. After rreeting Dr Koornhof two days ago Mrs Helen Suzman said that there appeared to be a 'no-win situation', as the squatters and the goverTl!lent were equally detennined to hold out. (Cape Times 17.3.82) Lost baby but returns to fast Mrs Priscilla Kumjuzwa, who had a miscarriage last week after three days of fasting, returned to the cathedral yesterday and resurred her fast. (Argus 18.3.82) Anglican church sister jOins squatters A sister of the Praying Ccmnunity of the Anglican Church has joined the squatters in St George's Cathedral and has vowed to fast with them to the death if they are not granted legal status to live as families in the Western Cape. (Argus 18.3.82) Seven fasting squatters are treated in hospital 7 of the Cathedral squatters have been treated in hospital for abdaninal pains and septic throats in the past 24 hours, as the fast enters its tenth day. (~ 18.3.82) Squatters in oourt Five more of the 22 squatters arrested in the raid at the Nyanga dune site last week were charged yesterday under the Admission of Persons to the Republic Regulation Act. Three re&ived jfu.l sentences, two of which were oonditionally suspended, one was released on bail and ins tructed. to have her position legalised, and the fifth case was postponed to the next day. (Argus 19.3.82) 82 Acts to incriminate fasting squatters' 'lWo white warren and a white nan have been ,responsible for three sep arate unpleasant incidents in St George's Cathedral in the past week. The waren threw fish heads on the organ stairway and urinated in the chapel, while the man poured a smelly fluid in various places. It is believed that the perpetrators of these incidents hoped to incriminate the fasting squatters by their actions. (Cape Times 20.3.82) Squatters refuse fruit juices Although all the squatters are still taking vitamins, scxre are nON refusing fruit juice and taking only water. 54' squatters remain after 3 left the cathedral this week, being unable to sustain the fast. (Cape Times 20.3.82) Motlana visits squatters Dr N. Motlana, chairrran of the camli.ttee of Ten and president of the SONeto Civic Association, yesterday visited the fasting squatters and then appealed to Dr Koornhof to accede to their demands to live together as man and wife. The squatters were also visited by several overseas dignitaries and the Lutheran Bishop of Venda, Bishop Solc:m::m Serote. (~ 22.3.82) Survey on Cathedral squatters A sutvey by the Athlone Advice Office Shchled that 11 of the fasting squatters were not born in the 'hcxrelands', and that 31 of them had been living in Cape TOlIn for at least 10 years. Between them the squatters had been arrested 252 times, an average of ;4,5 times each. All the rren and single waren were employed before they embarked on the fast. (Cape Times 23.3.82) Cathedral, defiled again A middle-aged white nan has again dropped a foul-smelling fluid inside St George's Cathedral. The Dean is considering laying a charge against the nan. (Cape Times 25.3.82) Sendingkerk visits fasters 'lWo delegatiOns, one frcrn the Ned. Geref. Sendingkerk and one frcrn the PFP, visited the cathedral squatters yesterday and were concerned at their condition. Six Western cape church leaders made a renewed call to Dr Koornhof to rreet the sqUatters before the situation 'degenerates into scrnething disastrous' . (Argus 26.3.82) Arrred !TEn enter cathedral 'lWo !TEn with guns in holsters on their hips walked into St George' s Cathedral this rrorning and left a few fninutes later without having said anything. A third man, also anted, remained outSide. Police liaison officer Lieutenant Van Rooyen was unable to say whether the trio were policemen. (Argus 27.3.82) Delegation frcrn Ned Geref Sendingkerk rreet Koornhof A delegation frcrn the Ned Geref Sendingkerk rret and negotiated with Dr Koornhof yesterday on behalf of the cathedral squatters. (Cape TlJlES 30.3.82) 83 Roberts blarred for squatters Allegations that ccmmmity worker Mr Rcmrel Roberts has been orches trating the Cathedral fast were denied yesterday by the squatters. They were responsible for their own actions and others should not be blarred for manipulating them. (SCMetan 1. 4.82) Squatters end their fast The 54 Cathedral squatters last night ended their 24-day fast after a meeting at which the Government undertook to deal compassionately with 850 squatters in the Western cape. For the past three days the Western Province Council of Churches and a delegation of Ned Geref ministers have conducted negotiations with Dr Koornhof, and yesterday they were joined by a four-man =mUttee of squatters in a rreeting at Parliarrent lasting 2~ hours. Dr Koornhof would not guarantee the squatters the right to remain in the Cape Peninsula, but he assured them that they would be innn.me fran arrest for the next three weeks while all squatter cases were investi gated on their merits. The Red Cross have supplied the squatters who fasted with 10 large tents which they have pitched on the premises of the Holy Cross Anglican Church in Nyanga. The squatters intend trying to regain their former jobs on Monday: (Cape TirrEs 3.4.82) Screening of squatters begins Interviewing and screening of the 850 Nyanga squatters began tooay to establish whether they would be granted legal status in the Western Cape. (~ 5.4.82) Fasters deny pressure Father Desm::md curren, chairman of the Western Province Council of Churches, says that the Cathedral squatters called off their 24-day fast voluntarily, and not because of pressure fran Dr Koornhof. (Cape TirrEs 5.4.82) ,I Squatter screening to be stepped up 'Ihe 12 Administration Board officials screening the 850 Nyanga squatters are to step up their interviews to /lOre than 50 per day. (Argus 7.4.82) 1I Waiting for SB to go Security Police yesterday kept a close watch on a Soweto rreeting called to pledge solidarity with the Nyanga squatters. About 900 people stayed inside the church for several hours, afraid to leave because police were photographing those who left. (Sowetan 7.4.82) NGK queries fasters' form of protest In a front-page article of the latest issue of the 'Kerkbode', official ' journal of the NGK, the Church emphasises tl,}at its role in ending the St George's fast was a mediating one rather than a squatter supportive one. The NGK deputation was given information by Dr Koornhof on 'March 19 'fran which it was clear to all that the Peninsula could not possibly 84 acoammodate all,the families who wished to settle here'. Conse quently the Church could not support the request of the squatt,ers that their residence and that of their families should be legalised, nor could it support any action by the squatters which conflicted with the laws of the country. (Cape Ti1res 12.4.82 and Argus 15..4.,82) , Ini'lUl1e' cathedral squatters arrested Several of the Cathedral squatters granted immunity from arrest by Dr Kcornhof, were arrested this week, and one has already been convicted of being in the Peninsula for IlOre than 72 hours without penn:Lssion, and fined R60 or 60 days. The Administration Board has described the arrests as unfortunate, but said that anyone arrested would be released if they could identify themselves as being on: the list of protected squatters. (~ 16.4.82) Govt agreerrent to cover seoond group of squatters A governrrent agreerreht granting ilrmmity fran arrest to about 850 Nyanga squatters has been extended to another group of 102 people who were arrested in Nyanga last year and deported to the Transkei. The agree rrent holds until next week, when ,all the squatters will have been inter- viewed by the Administration Board. (Evening Post 17.4.82) Squatters hcpe for legalisation Father DesIlOndCurran said teday that he was 'fairly hopeful' that the majority of squatters presently being interviewed by the Administration Board would be legalised. So far 478 squatters have been interviewed, and the process is expected to be carplete within the 3 week iirmunity peried, which expires on April 21. (Cape Ti1res 17.4.82) Officers, to oontrol squatting The Goodwood T= Council is to appoint a permanent squatter control officer within the next IlOnth to deal with the ever-increasing nUinber of squatters and loiterers. The Para-' and Milnerton T= Councils already have special officers who round up squatters or ask them to leave the area. (Cape TillEs 20.4.82) Hints of tougher gpvt action on squatters 'lhe Minister of Health, Dr Lapa Munnik, said in Parliarrent tociay that for health reasons, 'we shall in future have to act IlOre detenninedly' on squatter canps. Dr Munnik argued that. there were no basic facilities such as water and sanitation at Crossroads, and that the opposition should support rather than oppose the governrrent in keeping people away from such unhealthy areas. (Cape TillEs 21.4.82) Squatter deadline extended Not all of the squatters granted immunity frQll\ arrest by Dr Koornhof have been located and processed by the Administration Board, so the immunity deadline has been extended fran APril 16 to May l. (Cape TillEs 21.4.82) 85 Act is misused - Suzman The Admission of Persons to the Republic Regulations Act was being dis gracefully misused by the governrrent, Mrs Helen Suzman said in Parlia nent yesterday. She said the Act was nON being used as an additional weapon in the influx control arm::JUry against people from the harelands - a purpose for which it was never intended. Professor Martin West of ucr had pointed out that with the independence of Transkei and Ciskei, virtually every black in cape Town had becare a technical foreigner, subject to instant deportation. (~ 22.4.82) 'Immune' squatters arrested, says league The Civil Rights League has COllplained that several squatters granted inrnunity fran arrest while their status in the Western cape is considered have in fact been arrested. Meanwhile the Nyanga Bush Carrnittee has the narres of another 299 squatters who were in the original group at Nyanga but were left off the inrnunity list. The Athlone Advice Office hopes to include these people in the Administration Board's screening process. (~ 22.4.82) Nyanga struggle 'affects all' 15 church and ccmnunity organisations net at Crossroads last night under the auspices o;f the Nyanga Bush Carrnittee and stated that the struggle for rights by 'the people of the Nyanga bush affects all people in the Western cape. The rreeting rejected 'the Coloured Labour Preference Policy which divided ~rkers on the basis of colour, and the harelands policy which makes people foreigners in the land of their birth' . (Argus 22.4.82) Board officials fined RlOOO for taking bribes fran squatters 'lWO West cape Administration Board officials who issued permits illegally to unregistered Crossroads residents during a census in 1979 in return for !l'Oney or liquor were each fined RlOOO on corruption charges in the ParON Regional Court yesterday. Three other Board officials were acquitted on all counts. (~27.4.82) Squatters want ne.! narres put on list 210 of the squatters being investigated by the Administration Board have returned to the Transkei or are untraceable, and Dr Koornhof has turned dONn a request by the WP Council of Churches that 210 sub~titute people be processed instead, to make up the agreed total of 750. (cape Tines 28.4.82) Squatter baby born in Nyanga tent A squatter !l'Other living in a tent at the Holy Cross church in Nyanga gave birth to a baby boy early on Friday ll'Orning. The parents were all'Ong the 54 squatters who fasted for 24 days in St George's cathedral. (cape Tines 28.4.82) 86 500 Crossroads pennits ~voked "M:lr~ than 500 residents of Crossroads have had their six rri::>nth, residence pennits revok€<;l by the Administration Board, t;..o months before they were due to expire on June 30. No reason was given, and Board officials were unavailable for comment yesterday. A Crossroads committee has 'appealed to the world' to save lodgers frCfll 'cruel people' who are 'demolisliing shacks' and 'cancelling permits'. (cape Times 29.4.82 and Argus 29.4.82) cathedral squatter fined Another cathedral squatter has been arrested and fined for beirlg in Cape TaNn illegally, despite being listed as one of those granted irrmunity fran arrest by Dr Koornhof. Mrs 800i was sentenced to R60 or 60 days at Langa last week. She spent six days with her 3-rronth old child in Pollsrroor Prison before paying a proportionate fine of R53. (Argus 30.4.82) Squatter decision 'won't be delayed' Mr Tim::> Bezuidenhout said today that a decision on whether the Nyanga squatters would be granted legal status in the Western cape would be taken 'within the next day or two'. In four weeks since Dr Koornhof agreed to consider individual cases on their rrerits, 725 people have been interviewed, while 342 squatters on the list could' not be traced in the Peninsula. (~ 4.5.82) Queries by MPs upset Koornhof Dr Koornhof objected today to the questions sare Opposition MPs put to him and accused them of trying to bedevil race relations. Replying to a question by Mr Ken Andrew, Dr Koornhof said the permits of 545 Cross roads residents had been cancelled before their expiry because they had been found to be not bona fide residents. (Argus 7.5.82) No solution yet tOS9Batter problem, - Luyt Sir Richard Luyt, chainnan of the SAIRR in the Westem cape, said last night that the Peninsula squatting problem was far fran being solved, and that many organisations were likely to be concerned with squatting problems for sone time. (~ 14.5.82) Squatters are lOSing hope ... Many of the squatter fanulies living at the Holy Cross QlUrch in Nyanga are slCMly losing hope that they will be 'legalised' in the cape Penin sula. The second deadline was passed on May 1st, and no decision has yet been announced by the Departrrent of Co-oper!l-tion and Developrent. _ (Cape Herald 15.5.82) When winter cares, and the kids !?egin to cough Squatters in the cape face another bitter winter in the open, while the desperate plight of the hare less people hangs in the balance. Many squatters are living in relative comfort, in tents at the Holy Cross Church, Nyanga, but hundredS of' others are' still in the open veld, where the cold is already starting to affect the childrens health. (Sunday Times 30.5.82) 87 Urgent plea to Koornhof on squatters The Nyanga squatters ccmnittee and the WP Council of Churches have sent a letter to Dr Koornhof requesting a decision on the fate of about 700 Nyanga squatters, who have been waiting for lIDre than two lIDnths. (Argus 9.6.82) Study of report on squatters Dr Piet Koornhof said yesterday that the Department of Oo-operation and Development had received a report from the chief ccmnissioner of the Western Cape on the prooessing of applications received from Nyanga squatters. Dr Koornhof also said that 226 houses were ready at Ne.v Crossroads for bona fide residents of old Crossroads to IIDVe into. He warned squatters who refused to IT'OVe into the new houses that they would lose their special dispensation to live in the Peninsula. (Cape Tirres 10.6.82) Squatters' call to see Koornhof Representatives of the 750 Nyanga squatters have demanded to see Dr Koornhof to ask him why after 11 weeks there is still no decision on their future in the Western Cape. (~ 21.6.82) Shawoo report tells of year of oonsolidation During 1981/82 Shawoo provided emergency relief services for families without shelter in Nyanga East, including a nutrition clinic at cross roads and a mobile clinic serving the Vrygrond squatter camp. (Cape Tirres 23.6.82) Riot squad officer was 'stormed by squatters' A riot squad lieutenant told the Athlone Magistrate's Court yesterday that he feared for his life when he was 'stormed' by squatters arrred with sticks and stones at Nyanga on January 26th this year. Lieutenant Els was giving evidence in the trial of 4 Crossroads rren charged with public violence. (Cape Tirres 30.6.82) Tent of misery Two large plastiC and wattle tents on the outskirts of Crossroads will have been the home of 250 men, women and children for one year on July 15. NON it has been announced that a final decision on the legal status of the squatters will only be taken on September 20, which rreans another three lIDnths in the temporary shelters or in the open for these people. (Argus 5.7.82) PAB to probe lodgers' needs in Crossroads The Peninsula Administration Board yesterday promised disgruntled Crossroads squatters that it would look into the housing needs of lodgers lIDVed from the old Crossroads to the ne.v Crossroads. Although 300 houses at the ne.v site are ready for occupation, the PAB says that not all applicants for houses were 'genuine Crossroads people', and that sorre houses were too large for the lodgers. Chairman of the PAB, Brigad..l ier Van der Westhuizen, said that 'while we are opposed to overcra.-.ding, we equally do not want to squander housing ~apacity'. (Cape Tirres 6.7.82) 88 Nyahga squatters eVicted' About 200 squatters, including several small children, were evicted fran their tents in the grounds of the Holy Cross Church at Nyanga; and spent last night in the open with little shelter fran the bitter cold and danpness. The Holy Cross Church Council evicted the people after Dr Kcornhof decided ,to suspend taking a decision on the squatters until September 20. The Rev M. Mfenyana, rector of the church, said that the church could no longer accommodate the squatters and that 'it is the governrrent' s responsibility - not ours - to house the people' . The squatters rret Mr TiJro Bezuidenhout yesterday and explained their plight to him. Mr Bezuidenhout premised to try to assist them in finding accomrodation, and offered to give them stanps in their 'pass books penn itting them to stay in Cape TCMn until September 20. (~6.7.82) Rights League, Sash condemn Nyanga delay The Civil Rights League and the Black Sash have independently condemned Dr Koornhof's postponerrent until September 20 of a decision on the Nyanga squatters. Both organisations noted that this delay rreant that t~e squatters would have to endure their second winter under extrerrely adverse conditions. (Argus 7.7.82) Evicted squatters in temporary homes The Administration Board has granted permission to about 100 squatters evicted fram the Holy Cross Clurch to erect temporary homes on a site about 30 rretres fran the 'No-Narre' site near Crossroads. The settle rrent soon greN to about 300 people when 200 of the 700 squatters being considered for legal status in the Western Cape jOined the original 100 today. The people have had their pass books endorsed until the neN deadline of September 20. (~ 7.7.82) Council resists order to demolish shacks The Cape 'l'aoIn City Council has refused to bow to pressure fran the Departrrent of Corm.mity Develq:inent to demolish unauthorised shelters in its t=ships and will not take any action until adequate accommo dation can be provided. The Departrrent criticised the City Council in a letter for not taking firm action in t=ships such as Facreton, where it identified 54 unauthorised structures, but the City Council has decided to take a 'synpathetic' attitude wherever possible. (~8.7.82) Archbishop replies on squatters As long as the policy of apartheid remained, there would be 'crisis t after crisis' like that at Nyanga, the M:lst Rev Philip Russell, Anglican Archbishop of Cape TCMn, sciid yesterday. He was replying to an attack I on the Anglican Church by the Burger newspaper after abOut 100 Nyanga squatters had been asked to leave the Holy Cross Church by the parish council this week. Archbishop Russell noted that the squatters had t occupied the church for 3 IlOnths, after it was initially anticipated that they would stay for about 3 weeks. (CapeTirres 10.7.82) ---·,1 89 I Let us b~lJ.ld shacks I ~tters The Nyanga squatters ccmnittee, which was given permisSion to erect tents on open ground in crossroads last week, has asked to be alla-.>ed to build wood and iron shacks to keep out the rain. A spokesman, Mr Theophilus Tayo, said that Mr Tima Bezuidenhout's decision to allow them to I1DVe back to crossroads' legally' was being seen as a sign by the squatters that their position in the Western Cape may be legalised on September 20. (Cape Herald 17.7.82) Winds bring down squatter tents The Nyanga squatters have again pleaded to the Administration Board to allow them to build I1'Ore stable living structures at crossroads, follOWing a chaotic night when wind and driving rain brought down tents and left many sick people stranded in the open. The Board has refused to allow the squatters to build proper hares, although many of the children and sane adults have 'flu. (Argus 23.7. 82) Police fire teargas Police today fired teargas on Old crossroads residents who had gathered in New crossroads to protest against squatters fran the KTC transit camp being I1'OVed into new houses. (~ 29.7.82) No to temporary shacks The chairman of the Administration Board, Brigadier J. van der West huizen, has confirrred that the Nyanga squatters who suffered last week when rain and wind brought down their tents will not be allowed to erect temporary shelters. (Cape Herald 31. 7.82) KTC people being I1DVed The crossroads Committee has objected strongly to Mr Tima Bezuidenhout's decision to resettle people fram the KTC squatter camp in Nyanga into New crossroads. Mr. Bezuidenhout said yesterday that the squatters were being I1DVed to clear the KTC site for the construction of 1269 houses for the people of crossroads, so the resettlement was to their I advantage. (Cape Tilles 6.8.82) Olildren held in cells for 'safekeeping' 15 black schoolchildren aged 10 to 14 years have spent the past three days in the cells of Langa police station for 'safekeeping' after being charged with being in the Western Cape illegally. The children were arrong about 60 people arrested on Monday in a pre-dawn raid at the ~ Milnerton Turf Club by Administration Board officials. 6 other children aged about 16 years were each fined, R30 or 30 days. According to the SAlRR, I1'OSt of the children carre to Cape Town to support their families in the hanelands or to raise I1'Oney for their schooling, and were working as stable hands and grOC!TlS at the Milnerton race course. (Argus 18.8.82) 90 Squatters await fateful decision Mr Tilro Bezuidenhout told a representative of the 733 Nyanga squatters today that a decision on whether they would be granted legal status in the Western Cape will 'definitely' be made knOMl next Nonday, September 20. The squatters are nON staying in about 100 tents and two large domelike plastic structures within 100 metres of the historic No-Name site where their fight for legal status started in June 1981. All the squatters except one have work and are hoping to be given legal status and a site-and-service scherre where they would be allowed to erect . wood-and-iron structures. (Argus 14.9.82) Squatters: O1urches challenge K=rnhof 9 prominent Peninsula churcllrren have challenged Dr K=rnhof in an open letter to 'stand by his Cllristian profession' and allow family life to the Nyanga squatters when he announces his decision on their legal status on September 20. (~ 16.9.82) Squatters' future being decided Officials of the Depa:rt:nent of Co-operation and Developrrent were today CClTpleting their plans for the future of 800 Nyanga squatters and a further 4000 Crossroads residents who are in the western Cape illegally. (~.1) ..9.82). D-day for illegals today About 5000 illegal African residents in the Western Cape today face resettlerrent to other parts in the oountry or even repatriation to the homelands, when the government's decision on their future is announced. Last night Mr Tilro Bezuidenhout said on SMV that 'the locals in the Western Cape are very unhappy that the influx of people into the area will deny them jobs and homes', and that illegals would not be allowed to stay. (Argus 20.9.82) Squatters told of 'sterner' govt oontrols In a meeting with squatter representatives yesterday Mr Tilro Bezuidenhout assured the nearly 5000 Nyanga and Crossroads squatters that they would not be arrested 'at this stage' and that they could continue working, although their temporary residence permits expired. yesterday. Mr. Bezuidenhout said that frcm nON on 'sterner measures' would be taken against illegal blacks entering the Cape and that 'finn action' would be taken against errployers giving jobs to 'illegals'. (Cape Times 21.9.82) Squatter dismay at Govt bid to split Nyanga bush people '!he Nyanga bush people were dismayed C!Ild frustrated at government pro posals on their future and said they would reject all offers which divided them. Mr Bezuidenhout told the squatters yesterday that 'some' of them would be granted legal status within the next few IlOnths, and others would be offered jobs and accommodation 'elsewhere' on a family basis. (~ 21.9.82) 91 Shock over lack of decision on 900 squatters Politicians and churchmen today reacted with dismay and disbelief to the 'vague, unexplained and uncertain' solution to the future of the 900 Nyanga squatters that the governrrent has taken six months to produce. MP Ken Andrew, MPC for Gardens, Mrs Di Bishop and the Rev lDuis Banks of WP Council of Churches all expressed dismay that after m::Jnths of waiting and nurrerous pranises by Dr Koornhof, nothing had really happened yesterday. (~ 21.9.82) Meeting with squatters postponed A seoond neeting between Mr Tim::J Bezuidenhout and squatter representatives scheduled for yesterday was called off by Mr Bezuidenhout, who said that after studying the proposals he had put to the squatters on Monday, 'it became clear there were further questions arising out of the statement and I first needed to clarify these matters with the government in Pretoria'. The Civil Rights League has labelled the proposals put to the squatters as 'another rebuff, specifically worded to be rreaningless' . (Cape Tines 22.9.82) Govt body to look at 4000 squatters' claims An appeal cc:mnittee of the Departrrent of Co-operation and Developnent, headed by Mr Tim::J Bezuidenhout, is to consider the position of about 4000 squatters:who claim they were in Crossroads before 1979, and nON want legal residence rights. (~ 22.9.82) 'Stop harassing city blacks' Synod appeals to Govt The Ned Geref Sendingkerk has appealed urgently to the governrrent to stop harassing the people of Langa and Crossroads and to give them immediate legal status. The Synod also rejected the Coloured Labour Preference Policy in the Western Cape as being discriminatory against blacks. (Argus 22.9.82) TB rate riSing in City - MJH The Cape T= Medical Officer of bealth, Dr Coogan, said in his annual report yesterday that infectious pulnonary tuberculosis remained the city's biggest health problem, and that it was a major cause of deaths for blacks in the Western Cape. Dr Coogan linked the disease to over cro.vding and poor sanitation in shacks on the Cape Flats, and said that the pool of infection was oontinually being renewed by the migrant labour force entering Cape TONI1. from the harelands . (Cape Tines 30.9. 82) 'Bush people's' shacks dem::Jlished Administration Board offiCials yesterday dem::Jlished five shacks at Cross roads which had been erected to alleviate the overcrowding in three dome shaped plastic structures where 250 people have been living for rrore than six m::Jnths. (Rand Daily Mail 1.10.82) 'War waged on bush people' Mr Ken Andrew, PFP spokesman on black affairs in the Western Cape, said that the government was waging a 'war of attrition' against the Nyanga bush people. He described the government 's haras~t of the squatters , Ie 92 and delayed decisions on their legal stutus as 'a cruel, despicable and dangerous policy that is victirnising innocent rren, \oIaren and children'. .. (~ 4.10.82) Tbp floors of shacks to be destroyed The Administration Board is to derrolish the top floors of 15 double storey shacks which have sprung up in Crossroads. Residents say that lack of space at the camp forced them to build upNards instead of side- w Evictions: WCAB accused 75 'Guguletu residents have signed petitions in support of two families evicted this·week by the'Administration Board for late payment of rent, The petitioners accused the Board of 'creating squatters' by' forcing people into the bush'. (Cape TiIres 6.10.32) 26 charged in Langa influx control court 26 people appeared in the Langa Cammissioner's Court yesterd Crossroads market demolished More than 100 trading stalls at the Crossroads market were demolished by an Administration Board bulldozer yesterd Sand dune squatters get tents About 250 Nyanga squatters who have been living in overcrCMded and unhygienic conditions in two huge danelike structures at crossroads were given 40 new tents by the Western PIOv ince Council of Churches today. The tents were purchased with donations fran the Red Cross and the Anglican, Methodist and Presbyterian Churches. (~ 21.10.82) Squatters housing project shelved The government has decided to shelve Phase 2 of the 1979 2500-house New Crossroads project, because of a lack of funds. The first phase of the scheme is nearing carpletion, and the government is examining cheaper alternative methods of housing to continue the project. . (Argus 25.10.82) Members to see shack demolitions Members of the Divisional Council have been invited to attend one of the body's 'normal demolition eXercises of unauthorised squatter shacks conducted by the Squatter Control Section', follCMing concern by sane councillors at the high rate of demolitions. The Council has dem- olished 7570 unrecorded shacks since 1975. (Argus 26.10.82) 93 Call on Christians to oppose influx control '!he Southern Cross, official journal of the Ranan Catholic Church, said in an editorial that Crossroads had been aptly named: I It forces the authorities either to go along their present course of passes and early rrorning raids, fines, imprisorurent, derrolitions, foroed rerrovals and justified worldwide condemnation and boycotts, or the other, that of scrapping influx control'. (~26.10.82) Squatter raid: 170 face influx control cha;-ges 170 people were arrested in a pre-dawn pass raid on Crossroads yesterday, bringing the number who have been arrested in the western Cape on pass law charges to rrore than 1900 in the last llD11th. By late yesterday, R3635 in fines had been imposed and 49 people were imprisoned. (Cape Tilles 28.10.82) WCAB denies campaign The western cape Administration Board yesterday issued a statement denying that it was waging a 'stepped-up campaign I against blacks in the Peninsula. The Board says its recent actions 'are rrerely a res unption of the functional activities of the Inspectorate', which were interrupted as a result of staff shortages, special concessions granted the I sand-dune: squatters', and the Board's involvement with the re- housing of Ne.v Crossroads residents. (Cape Tilles 28.10.82) Crossroads: 500 hare less after shacks flattened About 100 families were left homeless today after a contingent of Admin istration Board of:ticials supported by policerren demolished their 'illegal' shacks. The Crossroads ccmnittee said the problem of illegal shelters arose because houses at Ne.v Crossroads were not big enough to ac 'Iron curtain I on fann labour I '!he governrrent has extended influx control to coloured people in oertain parts of the Northern and Western Cape, in a proclamation under the Prevention of Illegal Squatting Act of 1951. Reacting to the move, Mr Solly Essop, chaiI1t1al1 of the Fann Workers' Union, said yesterday that the government had drawn an 'iron curtain' around the platteland. 'People who earn Rl a day on the fanns are being denied the opportunity of earnir.g RS a day in the tONl1S. Many are being forced to take jobs illegally and face minimum penalties of RSOO or six rronths I, he said. (Cape Tilles 13.12.82) 'Anger rising' at Crossroads Mr Ken Andrew has criticised Dr Koornhof and the Departrrent of Co operation and Development for the lack of progress made during 1982 in resolving the problems of the Crossroads and Nyanga squatters. In a telex to Dr Koornhof, Mr Andre.v appealed to Dr Koornhof to give 94 instructions that all people whose right to be in the Peninsula is under consideration, be given a-stamp immediately to shew their legal status. ttr Andreii' said that anger and dissatisfaction arrong the squatters is rising, because althongh they have been assured they will not be arrested, 'they have no official documentation to prove that they are legally in the Western cape. The result is that they are in a desperately insecure position, find it-extrerrely difficult to obtain employment and are at considerable -risk if they leave -- cape Town on holiday or business' • " Ir 95 .TIlE COLOURED IABOUR PREFERENCE POLICY A CHRC.NOICGY Delia Hendrie 1. 0JNE 1954 - Policy Statement on Coloured Preference Area by Minister of Native Affairs M=ntion of the Western Cape being declared as a Coloured labour preference area was first made during the 1954 parliarrentary session by the Minister of Native Affairs Dr. H.F. Verwoerd. He said that the Western Cape must be looked upon as the preserve of Coloured YJOrkers and the presence and further migration of Africans to the area YJOuld have to be care- fully controlled. Africans YJOuld be needed terrporarily during the transitional period but 'the future should be plarmed with a view to retaining this area as a (future) labour sphere for the Coloureds ... '. 2. JANUARY 1955 - Eiselen Line Defined and Policy Elrolained In a paper read at the annual oongress of the South African Bureau For P-achl Affairs the then secret:aJ::y of Native Affairs, Dr. H.W.M. Eiselen, outlined gove:rnrrent policy regardincr Africans in the Hestern Cape. He said the ultin-:ate aim was that all .~ricans rnu.st gradually J be reneved fran tl18 Western C&:>e since this was t!"je natura;. harre of I the Coloured people who should receive protection in the labour marke·t. He identified the folla.ving stages by whid1 tr.e p:>lic-y l ·NOuld be w-t'lerrented: l (a) Re!ro'lal of foreign Africans a'1d freezing of the n1.llC'ber of African families, ooupled wi.th the lil'lited i.Ll1p..J::-tation of sinqle migrant v.tcrkers to neet the ITDst m·gent needs of industrj; (b) Re!roval of Protectorate Africans and reduction of t.'1e nmber of J:\£rican farrd.lies, with gradual :ceplacerrent c£ :migrant 'ihQ.rkers IT.! Colourec. itlOrkers; (c) Screening oft.he African p:>pulation and classi£yiIlC! them in two groups: (i) lI.fricans "liho have remained Bantu' and who in time can be ITOved back to t.'oe reserves where they can play an inpor-'-'illt role in the building up of an llrban eooncmy; (ii) Africans 'who have established relationships with Coloured v.uren and 'liho in all but oolour belong to the Coloured ccrrrmmity' . This category should obtain Coloured citizenship and qualify for residential rights wi thin the Coloured camnmi ty • Furthermore he mentioned the p:>ssible need to oontrol the establishment and extension of industry in the \'lestern Cape so as to make it reliant on the labour of Coloured (and vlhite) YJOrkers only. The Vlestern Cape was defined by Eiselen as the Cane south of the Orange River and west of the magisterial districts 0<' Gardonia, 96 Hopet=, DeAar, Hanover, Richrrond, Murraysburg, Aberdeen,I'lillONITOre, Uniondale and Knysna. 3. AUSUST 1962 - Canmittees aDnointed to effect declaredoolicy on the Coloured Labour Preference Area In order to give effect to the policy of retaining the I':estern Cape as an enployment area for l'hlte and Coloured labour a Standmg Cabinet Camrittee on the Western Cape was aP!?Ointed in August. 1962 to advise the goVe:rnment on the Coloured Labour Preference Policy. ~ further camtittees which were to assist this Cabinet Ccmnittee ..ere also appointed:- (i) A PeDnanent Interdeoartmental Caimittee which was to iI1vestigate and inake reccmnendations on the practical steps that could be taken to replace African labour in the T-iestern Cape; (ii) A Public Camrittee consisting of persons att..1.ched to Western Cape orga;'1isations affected by the policy. This camtittee was to report to the interdeparbrental ccrnnittee on the Irost approp riate steps to give effect to t.'1e published polic-; and also to furnish the public, enployers and employees with infoL!llation on the replacerrent of African labour. The CC!11l'.ittee was also to assist wi th the establistunent of local carmittees in each mag~sterial district. 4. 1963 -- weal Labour Ccmnittees Establi.shed Lxal labour ccrnnittees were established L'1 64 magisteIial districts throughout the Ivestern Cape to assist on the local front with t.'1e 'integration and full utilisation' of Coloured labour so as to eliminate the need for African workers. These camri.ttees consisted of members nowJnated by local authorities, farmers associations, dlambers of ccmrerce and local industry. 5. MAY 1963 - Eiselen Line Redefined The Minister of Bantu Administration and nevelOlJl1EIlt Mr. N. D. C. De I'let Nel redefined Eiselen' s 1955 Western Cape boundary iine by IroVing it further to the east and including an additional 22 magisterial districts. This region was nON to include the area south of the Orange River and v.est of a line running fran betv.een Humansdorp and Port Elizabeth (the latter excluded) north so as to include the follONing magisterial districts: Hankey, Steytlerville, Jansenville, Pearstan, Graaff-Reinet, Middleburg, Colesberg, Philipst=, Hopetown, Hay and Gordonia. In this speech to parUarrent the Hini.ster reaffirmed the Gciverrurent' s camtibrent to retaining this enlarged area as an employrrent preference area for Coloured labour. 6. 1965 - Directorate of Coloured LabOur Established After approval by the Standing Cabinet Corrmittee a Directorate of Coloured Labour. under the control of the Department of Labour was ~~------ 97 established to concentrate on Coloured unemployment in ~cific areas - especially rural areas - and to work in close co-operation and under direction of an ad hoc ccmnittee of representatives of the Departments of Coloured Affairs and Bantu Administration and Develop-nent. The Directorate was to work at faCilitating the flow of rural Coloured workers to urban areas to replace African lal:.our. 7. 1965 - Emoloyers Pennitted to Provide Accxrn:x'!ation for Coloured Horkers To ease the housing problem of Coloured workers, particularly in the Western Cape, the DepartIrent of Camrunity Develorrnent announoed that in certain approved cases employers would be allCMed to provide their C!tII1 housing for Coloured workers. Land could be leased fran local authorities am hcuses erected which after the expiry of the lease would autaratically, and without CCI!1peIlSation being paid, becane the property of the local authorities. 8. MP-.RCH 1965 - Decentralisation ConceSSions Granted on the Basis of Coloured L3b0ur The Hinister of Eccncrnic Affairs Dr. N. Diederichs announced in a press release that in order to provide increased employment opportunities border area advantages would be granted in certain decentralised areas to industrialists employing population groups other than Africans. Decentralisation concessions on the basis of Coloured labour were initially granted in the follCMing I'lestem Cape areas : - George/Kn'lsna Upington 9. DECEMBER 1965 - Legislation Limiting African Ehq?loyment in the Western Cape, Black L3b0ur Regulations 1965 Tne 1965 amendment to the Black Labour Regulations provided that in certain circumstances - if uneTIployed Coloured workers were available - labour offices could refuse to sanction the employment of an African worker in the Westem Cape. EinplaJers in the \'1estem Cape who needed workers were first to apply to the DepartIrent of Labour for Coloured workers. If suitable Coloured labour was not aVailable, a certificate issued to the erployer to this effect was to be sul:rnitted to the Black labour officer who would only allCM contract workers fran outside the area to be employed if African workseekers who qualified to remain in the area were not available. Ehq?loyers were to pay an arrount of Rl5 per worker to cover administrative and transport oosts; acccmrodation was to be available and ccntrac+-...s were not to exceed 12 rronths. A contract worker who wanted. to renew his contract with the same or another employer was first required to return to his 'hc:neland' and then reapply for admission. This last condition would prevent contract workers fran earning the ri.ght, under Section 10(1) (b) of the Black (Urban Areas) Consolidation Act 1945, to live permanently in the '''estern Cape or to have their bmilies with them there. 98 These restrictions emix:dicd in the system of labour contrilcts foi' migrant workers to the l'lestem Cape \~ere later extended to the rest of the country by the Black Labour RecJUlations proclaimed in 1963. 10. DECE7>IBER 1966 - Reduction of African Labour Force in t.1-je l~esten1 COl08 The ~1inister of Bantu Administ.r~tion and DevelopTlP-Ilt Mr. Blaar Coetzee armounccd that in order to reduce the nutnl:Jer of l'uricans in the vlestern Cape contract workers employed in this region would have to be reduced by an overall average of 5% per armum. Follcwing representation from the Cape Chamber of Industry the Minister added that this five per cent armual rE31lOVal plan would not be inflexibly ap9lied but left to local employers to irrplement. The Cape Chamber of Industry resolved to establish a liaison cammittee. with representatives of the DepartIrents of Coloured Affairs and of Bantu Administration and Developrent to establish the cases in which the African labour force could or could not be reduced. It was also armounced by the Minister t,'Jat the j>..frican labour canplerrent of l,'7estern Cape employers, excepting those who used seasonal labour, would be frozen as fran 3l August 1966. 'Labour canplerrent' was defined to rrean the number of registered employees plus already - notified vacancies. The corresponding dates for employers of seasonal labour were fixed at either 28 February or 30 Novenber depending on the type of work involved. The labour canplerrent for an enployer who had no African enplO'Jees at the fixed date, and had not notified the labour bureau of vacancies, would be frozen at nil. Labour bureaux would keen records of these f.rozen labour canplerrents for individual employers. An employer \'mose canplerrent was belcw the frozen nU"1ber could still emplO'J additional Africans who qualified to live in the l~estem Cape, Cor could a?):)ly fcr contract labour provided that no Coloured workers were available. Hcwever for certain categories of ~lOrk the introduction of contract labour would not be allcwed. These included :- vehicle drivers, floor sweepers and cleaners, danestic servants, gardeners, newspaper sellers, icecream vendors, stable assistants and grQCl!l5, delivery men, petrol p~ a):tendants~ clerks, packers and time-keepers.~_ These OCCll9ations were to be f.illed by Coloured workers if available, or if the employer's African labour crnplement \'laS below his frozen number and no Coloured workers were available, Africans who qualified to remain in the Ivestern Cape could be used. The Deputy ~!i:nister also armounced that no new develoqrent or emansion ~ to be based on African labour except in cases of" exceptionai nerit and with l''!inisterial permission. 11. 1966 - Official Freeze on African Family HOUSing in the Cape Peninsula In line with Government intention to reduce ?rcigressively the number of lI_frican families in the hTestern Cane, an official freeze on African family hOUSing in the Cane Peninsula was armounced in 1966 with the building of such housing in the period to 1976 being restricted to the canpletion of 3 686units in Guguletu. 99 12. JANUARY 1967 - Thployment Preference Area for Coloured Labour extended to cape Midlands The Minister of Planning Dr C. de I-let extended the region in which Coloured labJur was to receive employment !:,reference so as to incl ude also the Ca,.oe Midlands area. The !·lidlands was defined to extend eastwards fran the 1963 Eiselen line to a line drawn £ran near Aliwal North on the Orange River along magisterial boundaries to Fort Beaufort, and then along the Kat and Fish Rivers to the sea approx:imately midway between Port Elizabeth and East lDndon thus including the PE/Uitenhage industrial CCI1p1ex. Mule Coloured 1abJur was to receive preference in this Midlands area, Africans would receive errp10yment preference in the Border area which was officially the area lying between this Aliwal North - KatjFish River line and the Transkei border. 13. JUNE 1967 - Stages by which the African Population in the <,)estern Cape was to be Reduced The Deputy Minister of Bantu Deve10prent Mr. B1aar Coetzee stated that the reduction of Africans in the ,'!estern cape \-.Quld be il!p1errented in the follcw.i.ng stages :- (i) Foreign Africans would be rerroved; I (ii) The nurnJ:er of African families \-.Quld be frozen; (iii) Only a limited infl= of single migrant 1abJurers would be permitted to fill the rrost urgent needs; I (iv) Later the number of African families would be redUced; I (v) Migrant African \-.Qrkers \-.Quld gradually be replaced by Coloured I1En. These. stages outlined were identical to those suggested by Eise1en in 1955. 14. MAY 1967 - Further Legislation which Limited African :EhP1oyrrent in the 1'1estern cape : the Physical Planning and Utilization of Resources Act No 83 of 1967 This Act empowered the Hinister of Planning to inpose conditions on the establishI1Ent or extension of any factory where an extension was defined as an 'increase in the nurnJ:er of African enr>lovees. In tenns of Proclamation 6 of 19 January 1963 such control Was' iTIposed over the establishrrent and extension of all factories errp10yinq l'.frican workers in 37 magisterial districts including the fo11~g in the l-1estern Cape and cape Midlands areas :- Bellville, cape Town, Paar1, Port Elizabeth, S:imonstcmn, Sanerset West, Ste1lenbosch, Strand, Uitenhage, loJellington, \'Iorcester and l'~rg. Any person wishing to erect or extend factori.es in these proclairred magisterial districts were to rr.",":c; use of Coloured or 1'1i1ite labJur only i.n reS[Ject of such eyecti.on or extension. If Coloured or Mute la'xlur was not available, aoolication was to be made to the t-1inister of Planning for the emplo;,l!1ETIt of JI.frican Vlorkers. 100 15. 1969 - More Decentralisation Concessions Granted on the Basis of Coloured Labour 'lWo 'vestern Cape mms - Beaufort Ivest and De Aar - were added to the list of industrial areas where emr>loyers could obtain decentralisation concessions for the employment of ColoUred workers. 16. 1971 - Relaxation of Preference Policy in Cape Midlands in the Event of a Shortage of Coloured Labour The ,mte Paner on the Reoort on the Decentralisation of Industries announced th~t African labour would be granted rrore freely to industrialists in the Cape Midlands - that is, the area east of the 1963 Eiselen line up to the Alblal North - Kat/Fish PJ.ver line which includes the Port Elizabeth/Uitenhage industrial area. hcpresen tation made to the Inter-Depart:rrEntal Ccmnittee maintained that industrial develq:rnent in this area was being hampered IT.! a shortage of labour and in the short teJ:m it would be difficult to augment the supply of Coloured labour. For this reason the Government decided that Coloured labour (together with l<1hite labour) was still to receive preference in this area but when registered unemployment of Coloured workers fell belCM 2 rer cent· additional Africans could be ~lo,!ed on a continuous basis. . Similar representations fran the \'1estern cape were not favourably received. The l<1hite Paper re-er.phasized that developrrent in the Hestern Cape would have to adjust to this area being a Coloured Labour Preference Area. Any relaxation in this policy would reduce anployrrent opportunities for Coloured persons and =uldmilitate against the Government I S object to reduce systermtically the number of Africans in the Western Cape. ; 17. 1971- Decentralisation Concessions to beGrantedat,;~se::' Bay . and Oudtshoorn The Governm=nt Mute Paper on the Decentralisation of Industries Report added /obssel Bay and Oudtshoorn to the places already qualifying for decentralisation concessions on the basis of Coloured labour. The full list of industrial areas where concessions would now be granted was as follows:- Western Cape - Beaufort Nest, Pe liar, George, Knsyna, rbssel Bay ,Oudtshoorn, Upington Elsamere - Bloemfontein, Heilbron, Kimberley In 1972 SCllE of the areas qualifying for decentralisation benefits were nanec1 as grCMth points. Here the Governm=nt would concentrate on accelerating developrent by sUPPlying the infrastructural· needs of industrialists and providing standard concessions allCMing industrial ists to detennine in advance what assistance may be obtained at these points. Only Kimberley was naned as a grCMth point on the basis of Coloured labour. At all the other decentralised areas concessions would still be provided on rrerit on condition the Government did not have to assist in providing infrastructure. 101 18. MA..~ 1974 - Atlantis (previously Dassenberg) Selected as a GrCllt.rth Point 'The Government announced that Atlantis was to be developed as a growth point for Coloured employnent in order to reduce pressure on the Peninsula area. Atlantis lies on the liest Coast 45 kms north of Cape T= on the planned developrent axis to Vredenburg/Saldanha. 19. 1975 - Decentralisation Concessions to be Granted on Merit at any Place I-lest of the Aliwal North - Kat/Fish Line The Chainnan of the Decentralisation Board announced that decentralis ation concessions on the basis of Coloured employwent =uJ.d nON be granted anywhere 1NE!st of the Aliwal North - Kat/Fish River line provided that :- (i) there was unenploynent anong the population group concerned; (ii) the necessary infrastructure was available; and (iii) the establishrrent of the undertaking =uJ.d fit in with the general decentralisation pattern. 20. SEPTEMBER 1975 - Hint of lbre Control over Africans in the I--Testern ~ The Deputy Minister of Bantu Develq:nrent Mr. A. J. P.aubenhe.irrer hinted that stricter regulations 'dould have to be applied in the l'i'estern Cape to force employers to use Coloured instead of African labour. 21. FEBRUARY 1976 - Hestern Care excluded fran Hare 'The Minister of Bantu Administration and Develq::rne.nt Mr M.C. Botha made a statenEnt in May 1975 that fran a date to be announced restrictions ilrposed in 1968 on hare ClItlI1.ership by urban Africans outside the harelands would be rem:JVed. Africans qualifying to remain in an urban area would still not be granted freehold title to land in these areas but would be able to buy or build houses on leasehold plots in urban tClItlI1.ships. However in a speech to parliarrent in February of the next year the Deputy Minister of Bantu Affairs Mr. \-l.A. Cruywagen excluded the Cac:>e '"lest of the Eiselen line' fran this harre =ership scherre on the grounds that this region was a preference area for Coloured labour. 22. APRIL 1976 - Reccnrnendation by the Theron Carrnission of Inquiry that the Coloured Labour Preference POlicy by Reaffinred The 'Theron Ccmnission of Inquiry into Matters Relating to the Coloured Population Gro~ recommended that the Government reaffirm its policy of the , The Crnmission reccmrended that in order to inplement this declared poliCY influx control 'should be more rigidly applied; certificates of non-availability of Coloured labour shculd be more rigidly aEJ91ied; certificates of non-availability of Coloured labour be more selectively issued; the leV'.! on the errployment of African workers be increased; and fines for the'illegal errployment of Africans be increased. '!Wo of the COImlissioners sub:nitted minority recanmendations. Professor R.E. van der Ross reccmnended that the policy of reserving the I'lestern Cape for Coloured labour be abolished. Mr ~'I.G. Kingwill recx:rnrended that the Gove:rnnent review this policy only in the PE/Uitenhage industrial area which he suggested should be declared a labour area for both Coloured and i'J'rican workers. 23.'JULY 1977 - Appeal to Employ Coloured Workers Einployers were urged by the Peninsula Bantu Affairs Administration Board to stop errploying illegal Africans and where possible to replace legally resident Africans with Coloured workers in accordance with Gove:rnnent policy. With the d=turn in the econcr.1Y and the resultant increase iIi Coloured workseekers, certificates permittiIig errployers to take on African workers if Suitable l'n"lite or Coloured ".crkers were not available becarre more difficult to obtain. 24. JUNE 1978 - PE/Uitenhage Exempted fran Labour GuotasSpecified iIi t.l-je Environment Planning Act ,of 1967 ,The Minister of Plan!1iIig Dr. Scha1J< van der Merwe announoed that fran 9 June the PE/UiteIJhage iIidustrial area would no longer be regarded as a Coloured labour preference area and emploYers would therefore no longer be restricted by the labour quotas specified 'iIi section 3 of the Environment Planning Act (previously the Physical Planning Act) • This section which required errployers to obtain official permission to enploy more than five Africans for every two l'Jhites is usually applied to encourage errployers to decentralise but iIi the PE/Uitenhage region and elsewhere iIi the Western Cape it has been used to enforce the Coloured LabourPreference Policy. 25. JUNE 1978 - Levies on African Labour Increase in the Hestern Cape Six months after errployer oontributions to the Administration Boards were raised nationally by 35 cents~ Hestern Cape errployers were discriminated against by the introduction of higher levies payable only iIi the areas of jurisdiction of the Peninsula and' South ~')estern Cape Administration Boards (n= amalgamated into the l'lestern Ca~ board) . This was the first tirre that employers iIi one area were siIigled out to pay higher levies than elsewhere. Industrial employers in this area were nON to pay R2. 50 a month to the boards for each African iIi their errploy 26. 1979 - Regional Ccmnittees on Urban Africans Appointed The Hinister of Co-operation and Developnen.t Dr. Piet Koornhof appointed a number of regional ccmnittees throughout the country to investigate the position of urban Africans. The ccmn:ittee for the Ivestern Cape was expected to advise on the Coloured Labour Preference Policy. 27. APRIL 1979 - Koornhof Grants Reprieve to Crossroads Residents Governrrent policy regarding lI.fricans in the l'1estern Cape was waived for residents of the Crossroads squatter camp by the announcement by Dr. Koornhof that a neN tONI1Shin would be built to house those residents who fell into the followillg categories: (i) Families with section 10(1) (a) and (b) rights, (ii) Contract workers and their families, (iii) Families ....nere the breadwinner was not a contract worker in full-tlire anploynent but earned a living in sare other legitimate ~, (iv) Persons/families who by reason of having been uprooted or through other special con sideration with a view to avoiding hardship. Crossroads residents were to be issued with six m::mth ternpormy resident residence permits under section 10(1) (d) of the Urban Areas Act to allow them to continue in anployment or seek work ....nile the Goverl1zrent decided which of them would qualify under th~ above conditions for residence in the new township. 28. JUNE 1979 - Further Increase in Levies for l')estern Cape EhrolO'jers This second increase in anployer levies - :Imposed under the Contribut ions in Respect of Black Labour Act of 1972 - rreant that Hestern Cape anployers would now pay between 50 and 100 per cent more for their African workers than anployers elsewhere in the countly. Corrparable rronthly rates per African worker were to be as follows:- l'lestern Elsewhere in Cape the Republic Industrial Workers 3,50 2,15 Horkers provided with Acccmrodation 2,00 1,20 FiL'1lI vlorkers 0,60 0,40 Domestic Workers 2,50 1,20 104 " 29. ccroBER 1980 - Lir.lited Fonn of Leasehold Granted to i'7estern Cape Africans Africans' in the \'iestem Cape were aduded fran the Govenunent' s 99-year leasehold scherre announced in 1975 and ranained therefore 0.11 3O-day tenancy to the Administration Board. HC1.>Iever the establishrr.ent of a non-profit housing catpariy, Uluntu, has lead to a limited fonn of leasehold being granted to Africans participating in their scherres. Uluntu will lease ground fran the \'iestem Cape Administration Board, develop it and sub-let it to. participants who will be able to enter into.30-year lease arr:mgerrents with Uluntu renewable for a fu--vther 30 years. Uluntu was launched by a group of local Africans in conjunction with the Urban Foundation, the l'iestem Cape Administration Board and the Cape ToNn Ccxtrnunity Council. 30. MAY 1981 - Bureau for Econanic Research Advises Scrapping of Coloured Labour Preference POlicy The Department of Industries, Ccrmnerce and Cansurrer Affairs o::mnissioned the Bureau for Ecionanic Research to investigate the eoonanic potential of the Westem Cape. In an interim report the Bureau suggested that Coloured workers no longer need the protection affo.rded them by the Coloured Labour Preference Policy as IlOSt were now enployed in skilled and semi-skilled jobs. The Bureau also advised that many restrictions on African migrant workers in the \'/estern Cape be lifted and facilities provided for prolonged visits by wives. . 31. SEPTEMBER 1981 - Working Camt1ttee Rep?rted on Position of Africans in the \Vestem Cape Dr. Koomhof, in reply to a parliarrentary qtEstion, : indicated that the rerornnendations of a Working Carm1ttee set up to report 00 the general poSition of Africans in the l'Testem Cape were at present being oonsidered by the Governrrent. 32. mx::EMBER 1981 - Confusion Regarding Altered Regulations for EnPl The Cape ToWn Chamber of Ccrmerce reported that an arrendrrent in June 1980 to the Black Labour Regulations had freed Africans with , residential rights in the Western Cape fran the restrictions of the Coloured Labour Preference Policy. In teDllS of the arrendrrent it was a~tly no longer necessary first to satisfy the labour officer that non-African labour was not available before enploying an African with section 10(1) (a), (b) or (c) rights to be in the area. The l'iestem Cape Administration Board however had not received any instruction to this effect fran the Department of Co-operation and Developrent and stated that until advised officialiy of this II change would oontinue to apply the Coloured Labour Preference Policy I to Africans with residential rights here. l II 105 SOURCES 1. Minister of Native Affairs. Hansard 17, 2 June 1954, col. 6146. 2. Dr. W.W.M. Eiselen. The Coloured People and the Natives. Paper read at the sixth annual congress of the South African Bureau for Racial Affairs. 3. Report of the Ccmnission of Inquiry into legislation Affecting the Utilisation of Manpower (Riekert Commission), RP 32/1979, p.119. 4. Ibid. 5. Minister of Bantu Administration and Develq:mmt. Hansard 18, 28 May 1963, cols. 1854-5. 6. Commission of Inquiry into Matters Relating to the Coloured Popu lation Group (The Theron Commission), RP 38/1976, p. 90. 7. Report of the Commission of Inquiry into legislation Affecting the Utilisation of:-!anpower, RP 32/1979, P .120. 8. Ccmnission of Inquiry into Matters Relating to the Coloured Population Group, RP 38/1976, p.89. 9. Muriel Hortell. Laws Affecting Race Relations in South Africa 1948-1976, South African Institute of Race Relations, 1978, pp.187-189. , 10. A Survey of Race Relations in South Africa 1967, SAlRR, 1978, pp.169-171. 11. Granelli, R. and levitan, R. Urban Black HOUSing - A Review of Existing ConditiOns in the Cape Peninsula with Sc:m= Guidelines for O1ange, Urban Problems Research Unit, 1977. 12. A Survey of Race Relations in South Africa 1967, SAlRR, 1978, p.l72. I 13. Ibid. 14. Report of the Ccmnission of Inquiry into legislation Affecting the Utilisation of Manpower, RP 32/1979, p.120. 15. A Survey of Race Relations in South Africa 1969, SAlRR, 1970, p.100. 16. White Paper on the Report by the Inter-Departrrental Committee on the Decentralisation of Industries, para. 32-35. 17. Ibid, para. 55. 18. A Survey of Race Relations in South Africa 1974, SAlRR, 1975, p.272. 19. Commission of Inquiry into Matters Relating to the Coloured population Group (The Theron Ccmnission), RP 38/1976, p.90. 106 20. The Argus 3/9/75 21. M. Horrell. Laws Affecting Race Relations in South Africa 1948-1976, SAIRR 1978, pp.97-8. 22. Commission of Inquiry into Matters Relating to the Coloured population Group (The Theron Commission), RP 38/1976. 23. (i) Financial Mail 29/7/77 (ii) A Survey of Race Relations in South Africa 1977, SAIRR, 1978, p. 414. 24. Financial Mail 9/6/78 25. Financial Mail 7/7/78 26. The Argus 13/10/79 ' 27. A Survey of Race Relations in South Africa 1979, SAIRR, 1980, pp.425-6. 28. Financial Mail 19/5/79 29. A Survey of Race Relations in South Africa 1980, SAIRR, 1981, p.337. 30. The Argus 21/5/81 31. Hansard 6, 9th September 1981, Question col. 332. 32. (i) Cape Times 5/12/81 (ii) cape 'l'Cx-m Chamber of Corrrnerce Information Circular No. 48 of 2/12/81. I, 107 AFRICl\NSIN THE \·lESTERN CAPE 1900 to 1982 A CIOONJr..o:.;y George Ellis Backgro1.ll1d 1900 - 1967 1900 : approximately 10 000 Africans living in greater Cape Tcwn ~whan 1 500 housed in barracks in the docks). 1901 : first location established at Uitvlugt fann, after outbreak of bubonic plague. 1902 : Uitvlught location renamed Ndabeni. Rent protests, and train boycott because of travel ocsts. 1918 254 Ndabeni deaths from Spanish Influenza. 1923 Natives (Urban l'.reas) Act passed. 1923 : Planning of Langa tONnShip initiated. 1924 - 1939 :'Africans are 12% to 16% of employees of private industry in \'?estern Cape. 1926 : Natives (Urban Areas) Act applied to Cape Tcwn. 10 000 Africans registered. Attanpted rerrova1 of 3 000 Africans fran Cape T= fails because of defective prooedures used 1.ll1der the Act. 1927 : Langa tONnShip opened. 1930, 1937 : Natives (Urban Areas) Act arrEnded to give power to local authorities to restrict Africans fran enterilKJ their areas. 1932 - 1936 : Ndabeni inhabitants moved to Langa, and Ndabeni closed. 1939 : restrictions on entry of Africans to Cape Tcwn introduoed; but massive influx of workers occurs during war years. 1948 - 1953 : Africans are 25-27% of employees of ~rivate industry in ,'lestern Cape. 1948 : Nationalist Gavernrrent canes to rx:wer; Apartheid policy initiated. 1952 : Influx control extended to all urban areas. Unathorised blacks allONed to visit urban areas for up to 72 hours. 1952 - 1953 : Defiance Campaign against 1.ll1just laws. 1954 : Black wanen in Western Cape becane first to have to car!'.! passes. 1955 : Int...""O<1uction of Coloured Labour Preference Area poliC\j in the \'iestern Cape. . '.1 1955 : there are 2 000 families living in Langa and emergency camo at Nyanqa, a~d 2 000 in licensed ore~ses. 10 000 families 16 000 migrant workers live in Peninsula shanty towns. 1957 Township established at Nvan0a. 1957 Natives (Urban Areas) Act auended to restriGt severely which Africans may enter or live in an urban area. 1959 Parliamentary representation of Blacks abolished. 1960 : Distrubances in Ianga. One >?erson kiUed .. Peaceful march by 35 000 Africans in Ca.DC Town to I?rotest arrest of their leaders. Philip Kgosana promised consultation, but simply arrested folloNing day . ~tilitary surround Langa. 1962 Paarl insurrection led by Pcqo. Two whites and five blacks killed. 1962 Plan announced to rerrove Africans f'rom Western Ca~. 1963 Gugulethu township established at Nyanga \-!est. 1965 Simonstown location closed. 1966 Policy announced of reducing mnnber of A.f'ricans eIll?loyed in Cape Town by 5% per year. 1967 : No wcmen work seekers are being admitted to western Ca'?C. Recent. Period : 1975 Urban Bantu Council in ooeration in Gugulethu. \':aiting list of 802 names for for housing at end of· year. 255 families given accommodation during year. Mav : squatter settlement of 7 000 near D F Malan raided. ~gals acconm::x:'lated in emergency camp at Nyanga. 793 wonien at Cross Roads oonvicted of being in area illegally. During the year, 20 830 men and 13 655 wcmen prosecuted under pass laws. 13 467 blacks referred to Aid Centres; all but 2 574 of these subsequently prosecuted. The Langa Commissioner'S Court tries 23 954 Influx Control cases with a dailv average of 105. It is estilrated that there were nearlv 6 million nass arrests in t.'1e decade 1965 - 1975, with estilrated costs to the state of R32 million and loss of earnings of RS million. 1976 Status of TIanskei Act confers 'independence' on Transkei, so many Cape Town blacks lose their S A citizenshio. 109 Advisory Boards established in Langa, Nyanga, Gugulethu. March : 2 245 employers convicted of employinq Blacks in the area illegally. !?~ : Since January 1 1975 .. 431 men and 931 warren j)rosecuted for being in Crossroads illegally. ~ : Prevention of Illegal Squatting Act amended to rerrove rights of squatters. 2 June : Belhar squatters raided. }9 June : Crossroads declared eIrergency camp. 11 August - 16 September : Major black unrest and police rioting in townships, following Soweto disturbances triggered by school language issue. 19 September: Meeting of 3 000 pupils gives list of grievances to Director of Bantu Education for Cape. October: !lOre violence and Schools boycott. November : black shcool children march in central Cape Town. During the disturbances, 92 blacks killed and 387 wounded by police. No whites lost their lives. December 3 - 7 : rioting in Gugulethu; police kill two, arrest 300. December 26 : migrants attack residents in townships, burn houses; 24 dead. Allegations that riot police encouraged and assisted migrants. During year, no family housing built for blacks. 12 074 men and 4 025 wanen arrested for pass law offences. 16 208 peo1Jle referred to aid centres; all but 1 929 subsequently prosecuted. 1977 January : Black Clergymen issue report 'The role of t-he riot )Xllice i..'1 the burnings and killings in Nyanga, Christmas, 1976'-; this report then banned. ~anuary : warning to M:xkIerdam Road squatters of derrolitions. :.January - March : Secondary school boycott, schools attacked. ~larch 4 deadline set for re-attendance. 14 Febru~ : 100 squatter hCllT'!es at Kraaifontein bulldozed. Judge rules action in flagrant conternot of the law. 17 F'ebruarv - 22 March : some shacks at Ibclderdam Road settlement 110 (15 000 people) demolished, leaving ~e families homeless. p-ebruary : SHELTER fund launched. K'IC declared eroorgency camp. April : delegation of parents !teet Minister of Police to ask for infonnation about children detained previoils Noveirlber. August 11 : s·chool stay-away to cOiilreIrdrate 1976. ~qust : denolition of rest of shacks at Modderdam toad. Sd.ne squatters llOVe to Churches and tents. 2 000 reSidents at Nerkge not told to demolish houses, §eptember : Divisional Council workers demolish tents at Elsies River catholic Centre. 130 squatters at St George's cathedral and Rondebosch Anglican Church arrested. Kraaifontein and Hout Bay demolitions. o::tober 1~ : najor raids ai1d banriings of BCP and nany other black organisations. Their factories in Cape TOwn closed. November 5, 14 : rioting in Langa. December 1977 : There are 10 091 official houses ai1d 35 285 hostel beds for Blacks in caPe TOwn; not one ha\'e ownership hOUSe. Official shortage of 1 700 hauses. DUring year, 5 houses· built for Blacks in Peninsula area and 9 Hostels converted to 18 : family units. During year 688 applications for black woIkers refused, preventing employnent of 4 884 Africans. 5 422 men and 3 423 \'OOOIl arrested for pass law offences. 3 702 people referred to Aid Centres, of whart all but 594 subsequently prosecuted. 1978 Citizenship substituted for birthplace in new pass Law amendments. 30 year and 99 year leasehold schertes introduced, exClude Western cape. During year, 29 new houses provided in Langa, 8i in Nyanga (78 of these, converSioils of barracks) and 7 in Gugulethti. 16 - 20 January : Unibell camp (11 000 people) denolished. Intention to demolish Crossroads announced. ~ril : strike of 600 workers at ILCO, Mitchell's Plain. 30 July: prayer service at Crossroads for its future, despite police warning this was illegal. September : heavy pass raids. 111 14 Seotember : 3 people shot in pass raids (1 died), 300 arrested. November: expected derrolition of Crossroads halted after inter cession by Dr Boraine to new Minister (Dr Koornhof) . During year 298 applications for black employees refused, 1?reventinq employrrent of 1 2/0 Africans. 11 823 men and 4 525 women arrested for offences under L~e pass laws. Peninsula Board earns R397 914 in influx control fines. 1979 Bantu Laws Amendment Act : greater loss of section 10 rights. During 1978 - 1979, cape Peninsula Administration Board S1JeI1ds about R650 000 on repairing liquor outlets destroyed in 1976, ccxnpared with roughly R94 000 spent on housing over the sane period. April 5 announcerrent of New Crossroads township; but arrests continue. ~ril : Fattis and ~Dnis strike May - June : ,Fattis and ~nis boycott July 17 : terrp:>rary pennits granted to Crossroads residents. ~ulY - October : IlOratorium for 'illegal' INOrkers, but West cape excluded. August : Fattis and ~is dispute settled. November: initiation of increased fines for emolovers of 'illegal' blacks. -- 31 December: 4 555 men and 157 waren registered as unemployed. 465 applicatiOns for the employment of 1 375 Africans refused. During year, 10 683 arrests under the pass laws. Cape Peninsula Administration Board earns R351 028 in fines, ru05 280 fran employers and R245 648 fran those arrested in raids. It is calculated that those arrested also served 175 000 days imprisonment. 2 316 people referred to Aid Centre. 1980 Urban Foundation found non-profit utility canpany, "allowed to use 30 year leasehold scheme but not 99 year. City Health deoartment declares eoITe barracks unfit for human habitation. E'ebruary: start of schools boycott. March 4 422 men and 213 women registered as unemployed. ~pril Crossroads taken over by Board. Struggle over who has pennission to stay and who will be '1 egal' in New Crossroads. 112 April - Noverrber : wider sChools boycott. Police break up march of 6 000 pupils. ~ Plans for New Crossroads canpleted, for 2,575 ho\.lses. ~ boycott of City Tranways b.1.!s~s., ~ : meat workers strike. Lockout and red meat boycott. Union organisers detained; released in Auqust. June: buses stone:l. June 17 - 19 , July 5 looting and kU 1 ing in Elsies Rive:r; . Jun,e 19 : 42 of the dismissed meat workers convicted fOr being in cape Tc:1Nn illegally. ' ' " Auaust : Bus bovcott continues, with violent,colice repr:i,sals a ~ugust 11 - 14 : arson and stonings in Nyanga and Crossroads; vehicles stoned at J;Oadblc:x;ks, 2 whites killed. August 23 : Mr Kanani wins appeal enabling wife to stay in Cape. '. Septembe:r; 3 Govex:nrrent closes schools because of boycqtt,., .?ept;ember 8 deadline for re-registering at schools. September; : police deta,in rrembers of Parent' s Action Camli.ttee. Seetember 10 : man killed and foUl;" injured when polic:e firE! into cI'c1Nd allE!C]edl,y throwing stones in Guqulethu. SJetober 25 ~ 26 : two children killed by pqlice wilen shots f:i,red atstqne-throwi..pg crowd. Dec.r 31 : 4 416 men ~d 337 waren registered as un~loyed. Durihgtl1e year, 16 n7 blacks arrested 'under pass laws; 8 262'wamen arrested, constituting n~ly 30% of all women arrested in all th,e ITajor centres. '!he Cape Peninsula is the only area where IlDre \\'afeIl than men are arrested. 1981 21 565 families are living in the area in 14 229 f~ly housing units and 2.102 squatter dwellings. '!herE! were also 37 169 hostel beds. Ist six IlDnths; 209 hOUSing units built and 250 single quarters converted to family units. Shortage of 7 135 family units and 1 000 hostel beds. OVer past four years, applications for employt!lel'lt of IlDre than 10 000 Africans have been refused in teIIIIS of Coloured labour Preference area policy. 113 February : Kanani ruling ignored by langa Ccmnissioner. Molrch - Julv : Oscar Mpetha trial (19 accused) for allegal murder and terrorism re events in August, 1980, Continued in 1982. ~larch sc:hCXJl boycott ends. Molrch 20 000 Crossroads residents granted resident status. ~ril 600 people evicted fom barracks. 200. move to Crossroads, bussed out; sane returned and then allowed to build 83 shacks. June 30 : 4 053 men and 484 wanen registered as unemployed. 1st half year : 2 483 men and 4 421 women arrested by Board officials because of pass offences. Administration Board derives R229 351 fran IJass fines in Ist six nonths. 7 inspectors of w:::AB appeared on 67 charges of corruption. July: large scale raids on langa barracks. 'In these courts it has becane a general excuse that people are starving in the hanelands' . Evicted people move to Nyanga site. !!uly 16 : 600. 'bush' people arrested in Nyanga. July : Police teargas 1 000 people outside langa camtissioner's court who had gathered to protest against evictions. August 19 : raids in Nvanga. Shelters destroyed. 601 men, 715 Waren and 308 minors arrested. M::lst deported but manv return. Roadblcx:ks set up to keep them out. Total of 1 172 men and wanen arrested by Administration Board officials fran July to September. November 16 : Nvanga site raided. Admission of Persons Act Used to deport arrested people, thereby bypassing the courts. December : Ciskeian 'independence' results in IIOSt cape Town Africans now being officially regarded as foreigners. During the year : 13 694 blacks arrested in Peninsula for influx control offences (excluding 3 666 people arrested at the Nyancra site in August and September) . The Board earns R410 261 in fines, R126 685 fran employers and R283 576 fran those arrested. It is calculated that those who could not pay fines served about 250 000 days imprisonment. 1982 New Crossroads now an established township. TiqhtenL~g of influx control throuqh amendments to regulations applying in the Western cape. Submission to Parliament of draft 114 new legislation, Orderly ~Iovement and Settlement of Black Persons Bill. Strong protests followed. ~anuary 26 police shoot squatter during raid at Crossroads. January 27 - February 22 : Nyanga ('No Name') squatter site repeatedly raided by Board and police, and shelters destroyed. Some squatters bussed to Transkei, but return. March : Cathedral fast for 3 weeks by 57 squatters from Nyanga site -results in temporary reprieve while cases of 800 'No Name' camp squatters are reconsidered. ~ : 'No Name' camp squatters lTOve to Church grounds. July 7 : 'No Name' camp squatters lTOVe to tents at Nyanga after being asked to leave Holy Cross Church. May 3 : rent petition by Nyanga residents 'the price of roofing is too expensive for our rreans' . Au~ : ban on gatherings on Grand Parade extended for 2 years. August : Children between 1"0 and 15 arrested under pass laws, and held for 3 days in Langa cells. September 16 another bus fare increase. E>eptember 20 temporary pennits of 5 000 Nyanga and Crossroads squatters expire. September 21 after 'intensive investigation' for 6 lTOnths, still -no" decision over fate of 900 Nyanga squatters. September 22 Mpetha trial continues two years after his arrest. September 24 Board warns employers against employing 'illegals' and threatens F5 000 fine for doing so (although this is not yet law) • September 27 - October 27 : Heavy pass raids, many pre-dawn. 2 200 pecple arrested in this period. Fines of over RSO 000 imposed. Raids said to be 'nonnal'. II: 'i October: Stalls in Crossroads demolished. Board threatens demolition I'I I of double-storey shacks at Crossroads. These houses subsequently I;' raided. October : Student flats built for ucr by Uluntu Utility campanv ! in Gugulethu are opened. . .. '( ! ! 115 October : cape National Party calls for stricter influx control in Western cape. Dr Koomhof hints at action to overthroW Kanani ruling. States that 42% of cape Town's Black p:>pulation is here 'illegally'. Status of Nyanga tent people still uncertain despite deadline for decision being past. Series of three bills removing further rights of urban blacks still under discussion. It is later stated that many of the restrictive !1'easures in these bills were prop:>sed by security agencies. October: rep:>rts that New Crossroads housing scheme is to be halted. Decenfr:ler 9 : hundreds of legal Crossroads residents left haneless as WCAB officials move in and demolish their shacks. Decenfr:ler 23 : p:>lice raids harass Crossroads residents. 116 BIBLI(X:;RAPHY ANOO. 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'Workers Who Bring in Wives May Lose Jobs', in S.A. Outlook, 108(1286), August 1978, p.1l5. - WILSON, F. Migrant Labour in South Africa. Johannesburg, S.A. Council of Churches and Spro-Cas, 1972. (Bibliography). WILSCN, F. 'Why l-biderdam?', in S.A. 0.ltlook, 107 (1275), August 1977, p.123. WILSCN, L. 'cape TONllship Riots - Sane African Accounts', in S.A. Outlook, 106 (1223), August 1976, pp.121-122. -- WILSCN, M. and MAFEJE, A. Langa: A Study of Social Groups in an African TONllShip. cape TONll, O.U.P., 1963. YOUNGE, A. 'Housing Policy and Housing Shortage in cape TONll', in African Perspective, (21), 1982. YOUNGE, A. 'Notes on "the Squatter Problem"', in Work in Progress, (3), January 1978. ,. .",.. --~ ------ SOUTHERrJ AFRICA LABOUR &, DEVELOPMENT RESEARCH UNIT r To anybody interested in what is happening in Southern Africa at the present I I time, it is clear that an understanding of changes taking place in the field of labour is crucial. The whole debate about the political implications of economic growth, for example, revolves very largely around different assess ments of the role of black workers in the mines and factories of the Republic. Many of the questions with which people involved in Southern Africa are now concerned relate, in one way or another, to the field generally set aside for labour economists to cultivate. The impact of trade unions; the causes of unemployment; the economic consequences of different educational policies; the determination of wage structures; the economics of discrimination; all these and more are matters with which labour economists have been wrest ling over the years in various parts of the world. At the same time there are many who would argue that these issues are far wider than can be contained within the narrow context of 'labour economics'. These issues, it is pointed out, go to the heart of the whole nature of develop ment. In recent studies, commissioned by the International Labour Office, of development problems in Columbia, Sri Lanka, and Kenya, for example, leading scholars have identified the three crucial issues facing these countries as being poverty, unemployment, and the distribution of income. Thus the distinction between labour and development studies is becoming .. more blurred as economists come face to face with problems of real life in the Third World. It is here too that an increasing number of people are coming to see that study of the political economy of South Africa must not be done on the assumption that the problems there are absolutely different from those facing other parts of the world. Indeed it can be argued that far from being an isolated, special case, South Africa is a model of the whole world containing within it all the divisions and tensions (black/white; rich/poor; migrant/ nonmigrant; capitalist west/third-world; etc.) that may be seen in global perspective. Be that as it may, the fact remains that the economy of Southern Africa (for the political and econorr.ic boundaries are singularly out of line with each other) is one of the most fascinating in the world. It is one on which far more research work needs to be done, and about which further under standing of the forces at work is urgently required. It is in order to attempt to contribute to such an understanding that Saldru is issuing these working papers. SALDRU Division of Research School of Economics University of Cape Town EDINA l801 7700 Rondebosch