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Land Reform from Post-Apartheid South Africa Catherine M
Boston College Environmental Affairs Law Review Volume 20 | Issue 4 Article 4 8-1-1993 Land Reform from Post-Apartheid South Africa Catherine M. Coles Follow this and additional works at: http://lawdigitalcommons.bc.edu/ealr Part of the Land Use Law Commons Recommended Citation Catherine M. Coles, Land Reform from Post-Apartheid South Africa, 20 B.C. Envtl. Aff. L. Rev. 699 (1993), http://lawdigitalcommons.bc.edu/ealr/vol20/iss4/4 This Comments is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Environmental Affairs Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. LAND REFORM FOR POST-APARTHEID SOUTH AFRICA Catherine M. Coles* I. INTRODUCTION...................................................... 700 II. LAND SYSTEMS IN COLLISION: PRECOLONIAL AND COLONIAL LAND SYSTEMS IN SOUTH AFRICA. 703 A. An Overview of Precolonial Land Systems. 703 B. Changing Rights to Landfor Indigenous South African Peoples Under European Rule. 706 III. THE INSTITUTIONALIZATION OF RACIAL INEQUALITY AND APART- HEID THROUGH A LAND PROGRAM. 711 A. Legislative Development of the Apartheid Land Program. 712 B. The Apartheid System of Racial Zoning in Practice: Limiting the Land Rights of Black South Africans. 716 1. Homelands and National States: Limiting Black Access to Land by Restricting Citizenship. 716 2. Restricting Black Land Rights in Rural Areas Outside the Homelands through State Control. 720 3. Restricting Black Access to Urban Land..................... 721 IV. DISMANTLING APARTHEID: THE NATIONAL PARTY'S PLAN FOR LAND REFORM............................................................ -
Of Trials, Reparation, and Transformation in Post-Apartheid South Africa: the Making of a Common Purpose
View metadata, citation and similar papers at core.ac.uk brought to you by CORE NYLS Law Review Vols. 22-63 (1976-2019) Volume 60 Issue 2 Twenty Years of South African Constitutionalism: Constitutional Rights, Article 6 Judicial Independence and the Transition to Democracy January 2016 Of Trials, Reparation, and Transformation in Post-Apartheid South Africa: The Making of A Common Purpose ANDREA DURBACH Professor of Law and Director of the Australian Human Rights Centre, Faculty of Law, University of New South Wales, Australia Follow this and additional works at: https://digitalcommons.nyls.edu/nyls_law_review Part of the Constitutional Law Commons Recommended Citation ANDREA DURBACH, Of Trials, Reparation, and Transformation in Post-Apartheid South Africa: The Making of A Common Purpose, 60 N.Y.L. SCH. L. REV. (2015-2016). This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Law Review by an authorized editor of DigitalCommons@NYLS. NEW YORK LAW SCHOOL LAW REVIEW VOLUME 60 | 2015/16 VOLUME 60 | 2015/16 Andrea Durbach Of Trials, Reparation, and Transformation in Post-Apartheid South Africa: The Making of A Common Purpose 60 N.Y.L. Sch. L. Rev. 409 (2015–2016) ABOUT THE AUTHOR: Andrea Durbach is a Professor of Law and Director of the Australian Human Rights Centre, Faculty of Law, University of New South Wales, Australia. Born and educated in South Africa, she practiced as a political trial lawyer, representing victims and opponents of apartheid laws. In 1988 she was appointed solicitor to twenty-five black defendants in a notorious death penalty case in South Africa and later published an account of her experiences in Andrea Durbach, Upington: A Story of Trials and Reconciliation (1999) (for information on the other editions of this book see infra note 42), on which the documentary, A Common Purpose (Looking Glass Pictures 2011) is based. -
Inkululeko * Freedom Newsleher of the Michigan Anti-Apartheid Coordinating Council No.1
March -April aa Inkululeko * Freedom NewsleHer of the Michigan Anti-Apartheid Coordinating Council No.1 .~ =-===_~- i1 = r 4::a5"I'''' rra-.~ ~ ""'<:t==:=..__~ j Apartheid'Regime J ~ Launches Nevv Attacks! ~ Political Activities cJ I}_Civic ~ Ldx>r Groups Bamed .. On February 24th, the apartheid state This October all race groups will issued orders forbidding 17 anti-racist be able to vote in "their" res organizations "from carrying out or pective municipal elections. By performing any activity or acts obstructing political campaigns by whatsoever". Groups affected range the liberation_movement either with from the nation's largest anti in or in opposition to this round apartheid coalition, the multi-racial of elections the racist state hopes United Democratic Front (UDF) to the to foster an appearance of legiti smaller but influential Black Conscious macy and fake mass support for the ness Azanian Peoples Organization collaborators and the Botha reqimes' (AZAPO) and its National Forum Committee bogus reform stance. Messages' alliance. The Conqress of South African supporting the freedom movement can Trade Unions (COSATU) was ordered to be sent to: cease all its political activities COSATU and confine itself to narrow collective P.O. Box 1019 bargaining issues. Johannesburg 2000 South Africa Most press reports stressed the ru Telex: 486519 linq Nationalist Party took these steps to appear tough on "law and Weekly Mail order" for two whites I only by p.0. Box 260425 elections. These elections were Excom 2023 subsequently lost to the even more South. Africa extreme racist Conservative Party. Telex: 486379 The ruling party·s main intent how ever is to block resistence to those The New Nation forces in the Black community willing P.O. -
Apartheid Laws & Regulations
APARTHEID LAWS & REGULATIONS : INTRODUCED AND RESCINDED A Short Summary The absurdity of apartheid legislation, which incorporated legislation passed by the (minority) white governments prior to 1948, is reflected in the following list . Although the legislation was seemingly passed in the interest of the white minority, to maintain both political and social hegemony, it is obvious that most of the measures carried little or no economic benefit for the ruling class and that its scrapping would be in the interests of the capitalist class as well as the majority of blacks . For blacks the end of apartheid laws meant that the hated pass system was abolished, that the legality of residential apartheid was removed from the statute book and that antu education was formally ended . Nonetheless there was little freedom for the poor to move from their squatter camps or township houses and most children still went to third rate schools with few amenities to assist them . It was only a section of the wealthier blacks and those who ran the political machine that benefited most fully from the changes . The vast majority saw no improvements in their way of life, a matter that is dealt with in this issue of Searchlight South Africa . It is also not insignificant that many measures were repealed before the unbanning of opposition political movements and before negotia- tions got under way. The pressure for change came partly from the activities of the internal resistance movement and the trade unions, from covert discussions between movements that supported the government and the ANC, from the demographic pressure that led to a mass migra- tion to the urban areas and also from the altered relations between the USSR and the west - a change which was interpreted by the govern- ment as removing the communist threat from the region . -
Apartheid and Jim Crow: Drawing Lessons from South Africa╎s
Journal of Dispute Resolution Volume 2019 Issue 1 Article 16 2019 Apartheid and Jim Crow: Drawing Lessons from South Africa’s Truth and Reconciliation Benjamin Zinkel Follow this and additional works at: https://scholarship.law.missouri.edu/jdr Part of the Dispute Resolution and Arbitration Commons Recommended Citation Benjamin Zinkel, Apartheid and Jim Crow: Drawing Lessons from South Africa’s Truth and Reconciliation, 2019 J. Disp. Resol. (2019) Available at: https://scholarship.law.missouri.edu/jdr/vol2019/iss1/16 This Comment is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Journal of Dispute Resolution by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. Zinkel: Apartheid and Jim Crow: Drawing Lessons from South Africa’s Truth Apartheid and Jim Crow: Drawing Lessons from South Africa’s Truth and Reconciliation Benjamin Zinkel* I. INTRODUCTION South Africa and the United States are separated geographically, ethnically, and culturally. On the surface, these two nations appear very different. Both na- tions are separated by nearly 9,000 miles1, South Africa is a new democracy, while the United States was established over two hundred years2 ago, the two nations have very different climates, and the United States is much larger both in population and geography.3 However, South Africa and the United States share similar origins and histories. Both nations have culturally and ethnically diverse populations. Both South Africa and the United States were founded by colonists, and both nations instituted slavery.4 In the twentieth century, both nations discriminated against non- white citizens. -
Anti-Apartheid Movement Social Movements Are Rarely Born in Isolation, and the Anti-Apartheid Movement (AAM) in South Africa Is No Different
Anti-Apartheid Movement Social movements are rarely born in isolation, and the anti-apartheid movement (AAM) in South Africa is no different. The AAM grew out of ongoing resistance movements and the efforts of many within South Africa and the international community to end racial inequality and the oppressive policies of enforced racial segregation in South Africa known as apartheid. Resistance to long-standing racial inequality in South Africa was evident before the beginning of the 20th century. Organized resistance began with groups such as the Natal Indian Congress, African churches, labor and trade unions, the African National Congress (ANC), and the Communist Party. Subsequent organizations such as the Pan Africanist Congress (PAC), founded in 1959 by Robert Sobukwe, the South African Student's Organization (SASO), founded in 1969 by Stephen Biko, and the United Democratic Front, founded in 1983 proved instrumental in ending apartheid. Early forms of resistance were primarily peaceful, including mass demonstrations, civil disobedience, boycotts, and strikes. These strategies, employed by various groups in an effort to achieve social justice and to bring an end to the oppressive white South African government, never quieted. However, as a result of ongoing racial segregation, subsequent generations of African leaders determined that violent measures were necessary in order to gain freedom. The 1940s witnessed a number of important events that became crucial for the AAM, both in South Africa and abroad. Within South Africa, Nelson Mandela, Walter Sisulu, and Oliver Tambo formed a youth league within the ANC to develop new strategies of resistance. Around the same time, the ever-growing oppression was forcing growing numbers of South Africans into exile in London. -
Apartheid Legislation in South Africa
Ralph Glücksmann Apartheid Legislation in South Africa I. Introduction On 31 May 1910 the Union of South Africa was formed as a dominion in the British Empire. It was exactly eight years after the signing of the Treaty of Vereeniging, which had brought the Second Anglo-Boer War to an end and stipulated full British sovereignty over the Boer republics of Transvaal and Orange Free State. Although the South Africa Act 1909 (9 Edw. VII c. 9) was passed by the British Parliament at Westminster, it was wholly constructed by South African representatives in South Africa. Agreement had not been reached without acrimony, and there were times when it seemed that the national convention of representatives of the four colonies Cape, Natal, Transvaal and Orange River might break up among recriminations. Das Kap wurde 1806 britische Kolonie. Davor war das Kap eine niederländische Kolonie, gegründet von der Niederländischen Ostindien-Kompanie (Vereenigde Oostindische Compagnie), die vom niederländischen Staat Hoheitsrechte erhalten hatte. Als die Niederlande 1795 im Zuge des ersten Koalitionskrieges von Frankreich be- setzt wurden, nutzten die Briten eine Rebellion in der Kapkolonie, um diese unter ihre Herrschaft zu bringen und den Franzosen zuvorzukommen. 1803 zogen sich die Briten nach dem Frieden von Amiens zunächst wieder zu- rück und überließen das Kap der Batavischen Republik als Rechtsnachfolgerin der 1798 aufgelösten Niederlän- dischen Ostindien-Kompanie. Bereits 1806 annektierte Großbritannien nach der Schlacht von Blauberg die Kap- kolonie jedoch endgültig, nachdem die napoleonischen Kriege in Europa wieder aufgeflammt waren. 1815 wur- de die Abtretung an das britische Kolonialreich auf dem Wiener Kongress von den Niederlanden bestätigt, die als Kompensation die früheren Österreichischen Niederlande erhielten. -
Objecting to Apartheid
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by South East Academic Libraries System (SEALS) OBJECTING TO APARTHEID: THE HISTORY OF THE END CONSCRIPTION CAMPAIGN By DAVID JONES Submitted in fulfilment of the requirements for the degree of MASTER OF ARTS In the subject HISTORY At the UNIVERSITY OF FORT HARE SUPERVISOR: PROFESSOR GARY MINKLEY JANUARY 2013 I, David Jones, student number 200603420, hereby declare that I am fully aware of the University of Fort Hare’s policy on plagiarism and I have taken every precaution to comply with the regulations. Signature…………………………………………………………… Abstract This dissertation explores the history of the End Conscription Campaign (ECC) and evaluates its contribution to the struggle against apartheid. The ECC mobilised white opposition to apartheid by focussing on the role of the military in perpetuating white rule. By identifying conscription as the price paid by white South Africans for their continued political dominance, the ECC discovered a point of resistance within apartheid discourse around which white opposition could converge. The ECC challenged the discursive constructs of apartheid on many levels, going beyond mere criticism to the active modeling of alternatives. It played an important role in countering the intense propaganda to which all white South Africans were subject to ensure their loyalty, and in revealing the true nature of the conflict in the country. It articulated the dis-ease experienced by many who were alienated by the dominant culture of conformity, sexism, racism and homophobia. By educating, challenging and empowering white citizens to question the role of the military and, increasingly, to resist conscription it weakened the apartheid state thus adding an important component to the many pressures brought to bear on it which, in their combination, resulted in its demise. -
[ 1988 ] Part 2 Chapter 1 Africa
Africa 133 Chapter I Africa In 1988, the United Nations continued to consider bodies continued their activities aimed at pressuring and act on a number of political issues in Africa, the apartheid regime into dismantling its system of in particular South Africa’s apartheid policy and its racial discrimination, which had been condemned aggression against neighbouring States. It was also as a crime against humanity. In the Assembly’s view, kept informed about other conflicts among Afri- comprehensive mandatory sanctions under Chapter can States. VII of the Charter of the United Nations remained The question of apartheid was debated by the the most peaceful and effective means through which General Assembly, the Security Council and the the international community could exert pressure Special Committee against Apartheid among others. on South Africa. The Assembly adopted a series of resolutions dealing As in previous years, the world community was with South Africa’s apartheid policies, which showed particularly concerned with the escalation of repres- continuing agreement among the majority of Mem- sion and State-induced terror against opponents ber States on apartheid and on the Organization’s of apartheid; the continued intransigence of South role in the struggle to abolish it. Africa demonstrated through the extension of the The Security Council, in June, strongly con- state of emergency, the large number of arbitrary demned South Africa for its latest attacks on Bo- arrests, the increased use of vigilante groups and tswana. Allegations of aggressive acts by South Africa the muzzling of the press; its acts of aggression and were made to the Council by Mozambique, Na- destabilization against neighbouring States; and the mibia and Zambia. -
Apartheid, South Africa and International Law
APARTHEID, SOUTH AFRICA AND INTERNATIONAL LAW Selected Documents and Papers Edited by Enuga S. Reddy [This collection of documents and papers was published by the United Nations Centre against Apartheid in its Notes and Documents Series, No. 13/85, in December 1985.] CONTENTS INTRODUCTION CONTRIBUTORS I. DECLARATION OF THE SEMINAR ON THE LEGAL STATUS OF THE APARTHEID REGIME AND OTHER LEGAL ASPECTS OF THE STRUGGLE AGAINST APARTHEID (Lagos, 13-16 August 1984) II. REPORT OF THE UNITAR COLLOQUIUM ON THE PROHIBITION OF APARTHEID, RACISM AND RACIAL DISCRIMINATION AND THE ACHIEVEMENT OF SELF-DETERMINATION IN INTERNATIONAL LAW (Geneva, 20-24 October 1980) III. APARTHEID AS AN INTERNATIONAL CRIME A. State criminality in South Africa, by Albie Sachs B. State terrorism in South Africa, by I. E. Sagay C. International law and the liquidation of apartheid, by Kader Asmal IV. LEGAL STATUS OF THE APARTHEID REGIME AND THE NATIONAL LIBERATION MOVEMENTS A. Is South Africa an independent State? by Albie Sachs B. The legal status of national liberation movements (with particular reference to South Africa), by Kader Asmal V. STATUS OF CAPTURED FREEDOM FIGHTERS The laws of armed conflict and apartheid, by Keith D. Suter VI. BANTUSTANS Self-determination and the “independent bantustans,” by Niall MacDermot VII. INTERNATIONAL ACTION AGAINST APARTHEID A. Legal strategies in the struggle against apartheid, by Gay J. McDougall B. Certain legal aspects of the international campaign against apartheid, by Kader Asmal C. Some remarks on responsibility for the crime of apartheid under international law, by G. Brahme Annexes I. International Convention on the Suppression and Punishment of the Crime of Apartheid II. -
Black South African History Pdf
Black south african history pdf Continue In South African history, this article may require cleaning up in accordance with Wikipedia quality standards. The specific problem is to reduce the overall quality, especially the lead section. Please help improve this article if you can. (June 2019) (Find out how and when to remove this message template) Part of the series on the history of the weapons of the South African Precolonial Middle Stone Age Late Stone Age Bantu expansion kingdom mapungubwe Mutapa Kaditshwene Dutch colonization of the Dutch Cape Colony zulu Kingdom of Shaka kaSenzangakhona Dingane kaSenzangakhona Mpande kaSenzangakhona Cetshwayo kaMpande Dinuzulu kaCetshwayo 1887 Annexation (British) British Colonization Cape Colony Colonia Natal Transvaal Colony Orange River Colony Bur Republic South African Orange Free Republic Natalia Republic Bur War First Storm War Jameson Reid Second World War Union of South Africa First World War of apartheid Legislation South African Border War Angolan Civil War Bantustans Internal Resistance to apartheid referendum after apartheid Mandela Presidency Motlante Presidency of the Presidency of the President zuma The theme of economic history of invention and the opening of the Military History Political History Religious History Slavery Timeline South Africa portalv Part series on Culture History of South Africa People Languages Afrikaans English Ndebele North Soto Sowazi Swazi Tswana Tsonga Venda Xhosa Zulus Kitchens Festivals Public Holidays Religion Literature Writers Music And Performing Arts -
South African Apartheid Legislation Ii: Extension, Enforcement and Perpetuation*
SOUTH AFRICAN APARTHEID LEGISLATION II: EXTENSION, ENFORCEMENT AND PERPETUATION* ELIZABETH S. LANDIS-t THE lawyer, who is intimately concerned with the structure of his own society, is by profession fascinated by the mechanics through which a foreign country puts into effect a social philosophy antithetical to that of his own. Therefore, he must be at once disturbed by and curious about the Union of South Africa, which is resolutely attempting to reverse the whole trend of modern civilization towards racial equality. EXTENSION OF APARTHEID In a previous article ' I have described the fundamental structure of apartheid, or racial isolation, in the Union- the society which it affects and the basic statutes which provide its "constitution." In this article I shall at- tempt to explore the techniques that have been adopted to extend apartheid to every aspect of existence and to enforce and perpetuate the racial separa- tion which is its goal. Labor Apartheid in labor relations differentiates between white and nonwhite in numerous ways, but it affects Africans most disadvantageously. It applies to individual master and servant relationships as well as to collective labor re- lations. The restrictions on individual African employees are perhaps one of the most startling aspects of apartheid. The Cape Province Masters and Servants Act of 1856, which is still on the books,2 attaches criminal liability to breach of an individual employment contract-as do other provinces' laws which were modeled after it.3 The Native Labour Regulation Act 4 makes it a criminal *This article constitutes the last of a two-part discussion of apartheid by the author.