Transafrica's REPORT CARD on U.S. SANCTIONS AGAINST South AFRICA

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TRANsAFRicA's REPORT CARD ON U.S. SANCTIONS AGAINST SouTH AFRICA

An Assessment of the Conditions Required to Lift Sanctions and a Selected List of Fifty-Nine Current Apartheid Laws

Revised June 26, 1991

545 Eighth Street SE, Suite 200 Washington, DC 20003 TRANSAFRICA was founded in 1977 as the only African-American lobby to promote progressive U.S. foreign policy toward Africa and the Caribbean. TransAfrica aims to broaden the participation of African Americans in determining U.S. relations with the nations of the Black world. This agenda is pursued by monitoring and analyzing legislation, lobbying Congress, and educating and mobilizing the public. TransAfrica's primary objective is to encourage and develop a consistent foreign policy which responsibly addresses the political, economic, and humanitarian issues affecting Africa and the Caribbean.

This report may be reproduced without prior written consent provided that credit is attributed and a copy is sent to TransAfrica immediately upon publication. This report may not be sold by any agent other than TransAfrica and the TransAfrica Forum.

TransAfrica, 545 8th Street SE, Suite 200, Washington, DC 20003. (202) 547-2550. TABLE OF CONTENTS

1. Introduction ...... · ...... 2

2. Summary: Conditions for Termination of Sanctions ...... 3

3. Analysis: Requirements for the Termination of Sanctions ...... 4

4. Conclusion ...... 9

5. Appendix I: Fifty-Nine Selected Apartheid Laws ...... 10

6. Appendix II: The Comprehensive Anti-Apartheid Act of 1986, Section 3.11 ...... 17 TRANsAFRicA's REPORT CARD ON U.S. SANCTIONS AGAINST SOUTH AFRICA

INTRODUCTION: Progress in South Africa

There have been important developments in South Africa over the last year which provide the basis for cautious optimism about the prospects for future reform. However, changes instituted by the de Klerk government do not yet meet the requirements for lifting sanctions under the Comprehensive Anti-Apartheid Act of 1986 (Public Law 99-440), nor do they provide assurances of genuine irreversible progress toward a democratic government. Until all requirements of U.S. law are met, irreversible progress toward democracy is achieved, and legitimate representatives of South Africa's Black majority call for a lifting of sanctions, U.S. sanctions should remain in place. The South African record so far is inconsistent. Nelson Mandela was released from prison just over one year ago. At that time, President F.W. de Klerk also unbanned political parties, lifted the national state of emergency and repealed the Separate Amenities Act, a law that required the segregation of public facilities. More than a year later, the South African government has failed to adhere to its own agreement to release all political prisoners by April 30, 1991. A bureaucratic quagmire has also been created to delay the proper return of exiles with indemnity. The South African Parliament has now repealed three of the "pillars of apartheid" -- the Group Areas Act, the Land Acts and the Population Registration Act. The effective result of these repeals has been negated, however, by the passage of measures which will maintain status quo segregation and discrimination in government, education, housing and land rights. Most importantly, there has been no governmental concession on the critical issue of Black voting rights. The South African government continues to deny a critical element of democratic governance -- equal and universal participation in the political process. This report examines the legal requirements for the lifting of U.S. sanctions against the backdrop of the progress that has been achieved to date in South Africa. Each condition outlined in Section 311 of the Comprehensive Anti-Apartheid Act is analyzed separately. Appendix I lists a large number of laws that are still on South African statute books which continue to form the legal basis of the apartheid system. Section 311 is reprinted in Appendix II.

Randall Robinson Executive Director

2 SUMMARY: Conditions for Termination of Sanctions

The Comprehensive Anti-Apartheid Act of 1986 (CAAA) provides the United States with a powerful means to influence South African authorities. Under Section 311 of the law, five conditions must be satisfied before sanctions shall terminate. The five conditions are:

1. The South African government releases all persons persecuted for their political beliefs or detained unduly without trial and releases Nelson Mandela from prison.

2. The South African government repeals the state of emergency in effect on the date of enactment of this Act and releases all detainees held under such state of emergency. •

3. The South African government unbans democratic political parties and permits the free exercise by South Africans of all races of the right to form political parties, express political opinions, and otherwise participate in the political process.

4. The South African government repeals the Group Areas Act and the Population Registration Act and institutes no other measures with the same purposes.

5. The South African government agrees to enter into good faith negotiations with truly representative members of the black majority without preconditions.

Alternatively, the Comprehensive Anti-Apartheid Act permits the President to modify or suspend sanctions upon a determination that the South African government has:

1. Satisfied Condition #1 and any three of the last four conditions above and;

2. Made substantial progress toward dismantling the system of apartheid and establishing a nonracial democracy.

The U.S. Congress may prevent the President from modifying or suspending sanctions if it enacts a joint resolution disapproving the President's action within thirty days after such action. (See Appendix II for a reprint of Section 311 of the CAAA.) The President can then veto a joint resolution to maintain sanctions. Finally, the Congress can override the President's veto with a vote of two-thirds majority in each house of Congress.

3 AN AL YSIS: Requirements for Termination of Sanctions

Condition 1.

The South African government releases all persons persecuted for their political beliefs or detained unduly without trial and releases Nelson Mandela from prison.

Unsatisfied.

According to the Bush Administration, the sanctions against South Africa now hinge on the release of political prisoners. The South African government has met only part of this mandatory condition by releasing Nelson Mandela and about 1000 other political prisoners. However, the releases to date represent only half of the total number of political prisoners. According to the South Africa-based Human Rights Commission, over 1000 people remain imprisoned for political reasons. In fact, nineteen political prisoners are on death row awaiting execution. The South African government is also proceeding with at least 228 political trials involving 1,342 accused. It is likely that the number of political prisoners may increase while the government continues to justify its implementation of a complicated bureaucratic process which is hampering the release of current prisoners. Detention without trial remains a fixture of South African law, supported by the provisions of the Internal Security Act No. 74 of 1953 and the Public Safety Amendment Act No. 67 of 1986. (See Appendix I, numbers 23, 35, and 36.) Although the Internal Security Act was recently amended to limit detention without trial or charge to 10 days, access to counsel, family and doctors can still be limited by police if they determine such access will hinder the investigation. This amendment does not do much to alleviate concern, considering that most human rights abuses occur at the beginning of incarceration. Over 50% of the deaths that have occurred in detention since 1963 have happened within 14 days; 41 % have occurred within the first five days. Following a ten day detention without charge, the police may appeal to a judge for an extension of ten days without charge or trial. Compared to international human rights standards that urge maximum confinement of detention without charge to 48 hours, South Africa's record, even with its recent changes, continues to be very poor.

Condition 2.

The South African government repeals the state of emergency in effect on the date of enactment of this Act and releases all detainees held under such state of emergency.

Technically Satisfied.

The State of Emergency of 1986 was repealed in October 1990. The Emergency granted broad powers of arrest and detention to police in order to "maintain public law and order" in unrest areas. It further permitted authorities to ban political gatherings (including funerals), censor the media and take other repressive actions. The South African government has released all people detained under the state of emergency, according to the Human Rights Commission. The U.S. Department of State has concluded that condition

4 two has been completely satisfied by these actions. However, TransAfrica has determined that the South African government has only technically met this condition since the State of Emergency has arguably been extended by enactment of the Public Safety Amendment Act of 1986 (PSAA). Furthermore, another State of Emergency can be imposed at any time under the Public Safety Act of 1953. In the meantime, the PSAA authorizes powers that are virtually identical to those defined in the 1986 Emergency under "unrest area" declarations. The Human Rights Commission reported that as of June 19, 1991, the Magisterial Districts of Johannesburg, Randburg, Roodepoort, Kemphton Park, Alberton, Boksburg, Germiston, Westonaria, and Krugersdorp were declared "unrest areas" under this law. These districts include the Black townships of Soweto, Alexandria, Tembisa, Tokoza, Vosloorus, and Katlehong among the 15 townships which are under curfew and other "unrest area" provisions.

Condition 3.

The South African government unbans democratic political parties and permits the free exercise by South Africans of all races of the right to form political parties, express political opinions, and otherwise participate in the political process.

Unsatisfied.

Contrary to statements by the Bush Administration, Black South Africans have not been permitted the free exercise of their rights to participate in the South African political process. President de Klerk unbanned the African National Congress, Pan Africanist Congress, the South African Communist Party and thirty-three other political parties including the United Democratic Front in February 1990. While the U.S. State Department considers this requirement to be fully satisfied by these actions, it is clear that the South African government has not fulfilled other requirements spelled out in this section of the Act. Through the third condition in the CAAA, Congress requires the free participation of all South Africans in the mainstream of political activity in South Africa. Free participation can be reasonably interpreted as the right to vote and run for elected office in national elections. Otherwise, such participation would be meaningless, devoid of basic political rights and contrary to the purpose of the sanctions law. The CAAA explicitly states that its purpose is to set forth a "comprehensive and complete framework" that will not only help to end apartheid but will "respect the principal of equal justice under the law for citizens of all races." The South African government has much-to do before this condition is fully satisfied. All South Africans must be allowed to freely exercise their right to vote. The pillars of these restrictions on political participation are the Electoral Act No. 45 of 1979, the Separate Representation of Voters Act No. 46 of 1951, and the Republic of South Africa Constitution Act No. 110 of 1983. The Electoral Act prohibits Blacks from voting and running for national office. This Act also reinforces the Separate Representation of Voters Act which prevents Blacks from registering to vote -- a prerequisite of voting and candidacy. The Republic of South Africa Constitution Act suppresses the participation of Blacks further by establishing a racially divided tricameral Parliament, exclusively for whites,

5 Indians, and coloreds. (See Appendix I, numbers 12, 47, and 51.) I Finally, for many Blacks the exercise of the right to vote must be preceded by the restoration of citizenship which has been unjustly stripped from them. The National States Citizenship Act No. 26 of 1970 provides territorial citizenship for Blacks living in the "independent" homelands, thereby denying these Blacks the rights and benefits of South African citizenship. Blacks are further disenfranchised by the National States Constitution Act No. 21 of 1971 which establishes separate, self-governing political systems in the homelands and denies inhabitants the right to participate in South Africa's national politics. Blacks are further excluded from the political process by unfair procedures established by the South African government which have delayed the return of over 40,000 political exiles. (See Appendix I, discussion on Independent Homeland Laws on page 12, Removal Laws on page 14, and laws numbered 26, 27, 48, and 52.) Despite the recent repeal of the Population Registration Act, which underpins most of these racially-based laws, each of these laws is still in effect and will remain until a new constitution is chartered. In the process of repealing the Population Registration Act, the government protected its segregationist political system by passing measures which legally retain current political institutions and practices until constitutional changes are enacted. Witn these restrictions on Black citizenship, suffrage and political representation, the South African government continues to prevent "the free exercise by South Africans of all races of the right to ...express political opinions, and otherwise participate in the political process." Condition three remains unsatisfied. (For further evidence of legally enforceable restnct1ons of free expression of political opinions and political association see Appendix I, numbers 23, 24, 32, 33, 34, 35, 36, 49, and 57.)

Condition 4.

The South African government repeals the Group Areas Act and the Population Registration Act and institutes no other measures with the same purposes.

Unsatisfied.

In June 1991, the South African Parliament passed legislation to repeal the Group Areas Act and the Population Registration Act. The Group Areas Act mandated segregated residential areas and the Population Registration Act was the pillar of race classification in South Africa. The repeal of these Acts is an important step toward the eradication of apartheid. However, this condition has not been met because of new measures that were recently introduced to surreptitiously replace these laws to perpetuate apartheid and thus serve "the same purposes" as the repealed acts. The Group Areas Act and the Land Acts were abolished by enactment of the Abolition of Racially Based Land Measures Act. Unfortunately, this law includes provisions which allow communities to maintain current "norms and standards." This Act will be used to endorse the continuation of status quo apartheid. Moreover, the government has failed to address the issue of returning victims of forced removals to their land (see Appendix I, numbers 37-45), nor has it created a comprehensive land reform policy to address decades of discrimination and denial. Under these circumstances, the millions of Blacks who have been denied economic opportunity for generations, will have no means of improving their

6 living conditions. Eighty-seven percent of the land, if not more, will remain in the hands of the white population. Although the repeal of the Population Registration Act (PRA) takes effect on June 30, 1991 the results of racial classification will continue to be significant for years, if not decades. The passage of the Population Registration Act Repeal Act of 1991, which repeals the PRA, ensures that racial classification will continue for those born before the repeal. This system will remain until a !lew constitution is negotiated, probably in 1994 or 1995. Furthermore, this Act allows the government to legally retain current political institutions and practices to prevent the repeal from upsetting the current balance of power within Parliament. South Africa will continue to have a tricameral Parliament with a dominant house for whites, lesser houses for Asians and Coloureds and no role for Blacks in the governance of the nation. The CAAA also requires that no other measures be instituted "with the same purposes" as these two Acts. President de Klerk's "temporary transitional measures" which have replaced the PRA will clearly continue its effects indefinitely. Likewise, local communities can move to negate the effect of the repeal of the Group Areas Act; and there is no plan to encourage an integrationist housing policy. The fourth condition of the Cf.AA remains unfulfilled, even though the Group Areas Act and the Population Registration Act have been repealed.

Condition 5.

The South African government agrees to enter into good faith negotiations with truly representative members of the black majority without preconditions.

Technically Satisfied.

Although the U.S. State Department considers the fifth condition to be satisfied, the South African government has only technically met this requirement concerning negotiations. While the government has made assurances that it will eventually enter into negotiations with representatives of the black majority, the actual negotiation process has not yet begun. In fact, both sides characterize the current dialogue as "talks about talks" which must necessarily precede negotiations. Black leaders with whom the government has begun the talks insist that real negotiations can only be conducted by elected representatives of the South African majority. They maintain that a measure of democratic authorization by South African Blacks is critical before the government can be deemed to have begun negotiations with "truly representative Black leaders" as the condition specifies. It is reasonable to conclude that Congress could not have intended this condition to be met by a simple unilateral agreement by the government to enter into negotiations. Congress also demonstrated a concern about the "good faith" nature of the negotiation process. Events that followed the South African government's preliminary agreement have been troubling and may even serve to jeopardize the negotiation process itself. For · instance, the ANC maintains that it can not enter into negotiations until exiles are allowed to return to South Africa with full and permanent indemnity and until all political prisoners are released. Neither of these conditions have been met. Furthermore, the government has failed to comply with the agreed upon deadline for releasing prisoners, indicating its

7 reluctance for true reform and resolution. The South African government's role in the upsurge in violence, their slow response to the clashes in the townships, their refusal to accept responsibility for protecting Blacks from _attack, and their refusal to thoroughly investigate evidence of police complicity raises doubt about their ability to negotiate in good faith.

Condition 6.

The South African government has made substantial progress toward dismantling the system of apartheid and establishing a nonracial democracy.

Unsatisfied.

The last condition that must be met if the President plans to suspend or modify sanctions, calls for "substantial progress" toward dismantling apartheid and establishing a nonracial democracy. These provisions can be variously interpreted. By any reasonable measure, however, progress to date has not been substantial. Apartheid continues to cut across all sectors of daily life. Nothing resembling a nonracial democracy has yet been established. The reforms to date have all left the system of apartheid intact. These reforms are by no means "irreversible," a criterion recognized by the United Nations, Presidents Bush and de Klerk and the African National Congress as critical in the evaluation of political progress in South Africa. Under existing legislation, as detailed in Appendix I, the South African government has the authority to undo these reforms with impunity. The legal structure still exists for the government to ban political parties; arrest and detain suspects without charge, conduct political trials, limit freedom of expression and political participation, and maintain segregation in various forms . The last. condition also requires that substantial progress be made in the establishment of a nonracial democracy. This suggests that the South African government should be actively involved in South Africa's transformation into an authentic democratic society. Undoubtedly, democracy cannot be established without universal adult suffrage. A new constitution, created by representatives of the entire population, is also necessary for a true restructuring of the political system into a democracy. So far, the South African government has supported the idea of a multi-party conference, but has refused to discuss proposals for a constituent assembly and an interim government. De Klerk's government has also been hesitant to make concrete suggestions beyond vague references to new "transitional measures" and veiled notions of group rights for whites. Until negotiations officially begin and specific proposals that will lead to a new democratic constitution are discussed, the South African government can not be considered to have made "substantial progress toward a nonracial democracy." The last condition remains unmet.

8 CONCLUSION

The most effective pressure that the United States can exert on the South African regime is through existing U.S. sanctions. TransAfrica urges the Administration and Congress to follow the letter and spirit of the Comprehensive Anti-Apartheid Act of 1986 as they consider whether sanctions should be lifted. According to our analysis, only two conditions have been met -- and those only in the strictest technical sense -- signalling that it would be premature and illegal to lift sanctions at this time. TransAfrica will push for the maintenance of sanctions until irreversible progress toward dismantling apartheid and the establishment of a nonracial democracy has been achieved. The most important tangible measure of irreversibility would be the opening of the South African political process to all races through full and equal voting rights.

9 APPENDIX I

FIFTY-NINE SELECTED APARTHEID LAWS

The South African government maintains apartheid through an elaborate system of repressive laws. These laws restrict the free acquisition of land, prohibit universal voting rights, and inhibit freedom of speech, press, and assembly. Many of these laws discriminate solely by race and provide for separate but unequal governance and social systems. Until all of these laws are repealed, progress toward dismantling the system of apartheid can not be viewed as substantial as required by Section 311 (b)(3) of the CAAA. Until then apartheid will remain entrenched in South Africa. The following are only a select few of the apartheid laws that remain on the statute books.

1. Admission of Persons to the Republic Regulations Act No. 59 of 1972 Regulates the admission of persons to the Republic of South Africa. Prohibits admission of persons who cannot read and write a European language.

2. Affected Organizations Act No. 31 of 1974 Prohibits "affected" organizations from collecting foreign contributions. An organization is "affected" if it is perceived to be controlled by an organization or person abroad.

3. Aliens Act No. 1 of 1937 Permits the Immigrants Selection Board to determine whether an "alien" may enter the Republic of South Africa. "Alien" is defined as any person who is not a South African citizen. This Act stripped nine million Blacks of their South African citizenship.

4. Black Affairs Act No. 55 of 1959 Establishes the Commission for Plural Affairs that makes recommendations to the Minister of Plural Relations concerning the administration of Black affairs as well as legislation affecting Blacks.

5. Black Authorities Act No. 68 of 1951 Permits the state president to establish Black tribal, regional and territorial authorities and describes their powers, functions and duties.

6. Black Local Authorities Act No. 102 of 1982 Provides for the appointment of a director of local government and the establishment of local committees as well as village and town councils for Blacks in designated areas.

7. Civil Defense Act No. 67 of 1977 Permits local governments to pass civil defense ordinances to combat civil disruptions during a state of emergency.

10 8. Defense Act No. 44 of 1957 Prohibits publication of any information relating to the composition, movements, or disposition of the South African Defence Force. Pursuant to this Act, the South African government prohibited publication of information relating to the 197 4 invasion of Angola inside South Africa.

9. Demonstrations in or near Court Buildings: Prohibitions Act No. 72 of 1982 Prohibits demonstrations within a specified area on weekdays without permission.

10. Disclosure of Foreign Funding Act No. 26 of 1989 Requires all organizations to disclose the amount and sources of foreign contributions. Under this Act, the South African government may audit the accounts of organizations to determine sources of funding.

11. Education and Training Act No. 90 of 1979 Permits the Department of Education and Training to administer the education of Black South Africans.

12. Electoral Act No. 45 of 1979 Prohibits Blacks from voting and participating as candidates in national elections.

13. Fund Raising Act No. 107 of 1978 Permits the government to prohibit the collection of domestic funds by an organization. The South African government placed a ban of this kind on the Federation of South African Trade Unions.

14. General Law Amendment Act No. 39 of 1961 Prohibits sabotage training abroad or advocating changes in South Africa that involve the help of foreign governments.

15. General Law Amendment Act No. 76 of 1962 Defines and prohibits sabotage for which the same penalty provided for treason is prescribed.

16. Indemnity Act No. 61 of 1961 Prohibits a lawsuit against the government or other persons acting on its authority for any action by such persons that was intended to prevent or suppress disorder, maintain public safety, preserve life or property or terminate a state of emergency.

17. Indemnity Act No. 13 of 1977 Prohibits a lawsuit against the state or any of its officials acting in "good faith to prevent or terminate internal disorder."

11 I I

18. Immigration Regulation Amendment Act No. 43 of 1953 J Prohibits women born outside the country who marry South African Indians from entering the country without special permission. ·

Independent Homeland Laws:

The South African government created the "independent homelands" as a separate living area for Blacks. The majority of Black South Africans, forcibly removed from the cities, currently reside in the homelands. Blacks were granted citizenship in homelands to justify stripping them of South African citizenship. Although the South African government considers the homelands to be independent African states, they are economically and politically dependent upon South Africa. The following laws established the "independent homelands."

19. Status of Bophuthatswana Act No. 89 of 1977 20. Status of Ciskei Act No. 110 of 1981 21. Status of Transkei Act No. 100 of 1976 22. Status of Venda Act No. 107 of 1979

23. Internal Security Act No. 74 of 1982 Permits the police to detain persons without charge or trial for 10 days, and ban political organizations and gatherings. In banning organizations, the focus has shifted from banning those that threaten the security of the state in any way, to those organizations which use, threaten or encourage violence or disturbance in order to overthrow or challenge State authority or to bring about change.

24. Gatherings and Demonstrations Act No. 52 of 1982 Permits banning of demonstrations as well as public and private gatherings.

25. Mine and Works Act No.12 of 1911 Disqualifies Black South Africans from obtaining mine blasting certificates thereby maintaining their position as unskilled laborers in the mining industry.

26. National States Citizenship Act No. 26 of 1970 Provides citizenship to every Black South African of either a self-governing Black territory of a territorial authority resulting in the loss of South African citizenship.

27. National States Constitution Act No. 21 of 1971 Permits the state president to establish legislative assemblies for areas that have territorial authorities and declare such areas self-governing territories. This Act establishes a separate political system for the independent homelands thereby depriving all Blacks living in the homelands from representation in the South African Parliament.

12 28. Police Act No. 7 of 1958 Permits any police officer to search without warrant any person, premise, vehicle, vessel or aircraft and to seize any evidence found in the performance of his duties. 29. Police Amendment Act No. 24 of 1983 Permits a police officer to search without warrant any vehicle on a public road in the performance of his duties and seize any article that may be used in the commission of a crime.

30. Post Office Act No. 44 of 1958 Permits mail to be intercepted if suspected of containing evidence of a crime or potential crime.

31. Prisons Act No. 8 of 1959 Prohibits publication of any materials without official approval. Under this Act, Laurence Gandar of the Rand Daily Mail was convicted of publishing articles by a former political prisoner detailing assaults, electric shocks and poor prison conditions.

32. Promotion of Economic Development of National States Act No. 46 of 1968 Provides for the promotion of the economic development of the independent homelands.

33. Protection of Information Act No. 84 of 1982 Permits the President to declare any place or area a prohibited area. This Act restricts freedom of movement and expression without the right to appeal.

34. Publications Act No. 42 of 1974 Permits the Publications Board to ban any books or publications without the right to appeal. The Board may further ban publication of any object or film intended for public or private entertainment.

35. Public Safety Act No. 3 of 1953 Permits the President to declare a state of emergency in a specified area or over the entire country for up to 12 months. This Act gives the South African · government broad authority to restrict the press, ban persons and organizations, and detain people without charge or trial.

36. Public Safety Amendment Act No. 67 of 1986 Permits the President to designate an unrest area and invoke emergency regulations. This Act gives the South African government broad authority to restrict the press, ban persons and organizations, and detain people without charge or trial.

13 Removal Laws:

The following removal laws grant the South African government the authority to remove Blacks from their land and to forcibly place them in another area. An estimated 3.5 million people were removed between 1960 and 1983.

37. Black Administrative Act No. 31 of 1927 38. Black Resettlement Act No. 19 of 1954 39. Black Prohibition of Interdicts Act No. 14 of 1956 40. Development Trust and Land Act No. 18 of 1936* 41. Expropriation Act No. 63 of 1975 I 42. Native Administrative Act No. 38 of 1927 43. Prevention of Illegal Squatting Act No. 52 of 1951 44. Promotion of Bantu Self-Government Act No. 46 of 1959 I 45. Slums Clearance Act No. 53 of 1934

46. Representation between the Republic of South Africa and Self-governing Territories Act No. 46 of 1959 Provides for the appointment of Commissioners General to represent the government of South Africa in the self-governing territories. The Act also provides for the appointment of representatives of self-governing territories to represent them in the Republic.

47. Republic of South Africa Constitution Act No. 110 of 1983 Excludes Blacks from representation in Parliament by establishing a tricameral Parliament consisting exclusively of whites, Indians and coloreds. This Act provides the constitutional foundation for Black disenfranchisement and the apartheid system.

48. Restoration of Citizenship Act No. 73 of 1986 Restores citizenship to urban Blacks who reside in designated white areas and rural Blacks in non-independent homelands. Blacks born in the independent homelands, however, remain stripped of South African citizenship.

49. Riotous Assemblies Act No. 17 of 1956 Prohibits publication of notice of a banned meeting, bans publication of a speech made by a banned person, makes it an offense to report a speech that may incite public violence and prohibits publication of speeches that may lead to boycotts or strikes.

50. Road Transportation Act No. 74 of 1977 Permits the Transportation Board to issue certificates for transporting Whites or Blacks thereby segregating public transportation vehicles. Under this Act, Randburg, a suburb of Johannesburg, maintains a segregated public transportation system.

14 51. Separate Representation of Voters Act No. 46 of 1951 Removes Blacks from the voters rolls. This Act prevents Blacks from voting or participating as candidates in national elections since all voters and candidates must first appear on the voters rolls.

52. Transkei Constitution Act No. 48 of 1963 Confers self-government to the Black residents of Transkei.

University Acts:

The following Acts provide for the administration and control of the four universities for Blacks:

53. University of Fort Hare Act No. 40 of 1969 54. University of Zululand-Act No. 43 of 1969 55. University of North Act No. 47 of 1969 56. Vista University Act No. 106 of 1981

57. Unlawful Organizations Act No. 34 of 1960 Permits the government to declare unlawful any organization if considered likely to threaten public safety or the maintenance of order. Under this Act, the South African government outlawed the African National Congress, the Pan-Africanist Conference, and the South African Communist Party as well as other anti-apartheid organizations.

58. Abolition of Racially Based Land Measures Act of 1991 Abolishes Group Areas Act No. 36 of 1966, Black Land Act No. 27 of 1913 and the Native Trust and Land Act of 1936. Gives communities right to enforce maintenance of "norms and standards" of residence which can be used to continue racial segregation and discrimination.

59. · Population Registration Act Repeal Act of 1991 Abolishes the Population Registration Act No. 30 of 1950. Ends racial registration of population by race only for new immigrants and those born after June 30, 1991. Continues race classification for current population. Protects continuance of current political institutions and practices, including racially divided tricameral Parliament and lack of representation for Blacks, until repeal of the Republic of South Africa Constitution Act No. 110 of 1983. Includes amendment of laws listed under Amendments below.

15 I

Repealed Acts:

The following laws were repealed in June 1991.

1. Black Land Act No. 27 of 1913 Established land reserves where Blacks were permitted to acquire property. Blacks were prohibited from purchasing land in areas outside of the reserves. This Act, in conjunction with the Native Trust and Land Act (below), reserved 87% of the land for the white minority population while allowing Africans to purchase land only in the remaining areas. I 2. Group Areas Act No. 36 of 1966 Required racially segregated living areas and schools.

3. Native Trust and Land Act of 1936 Established reserves where Blacks were permitted to purchase· property. I' Blacks were prohibited from purchasing land outside of the reserves. This Act, in conjunction with the Black Land Act (above), reserved 87% of the land for the white minority population while allowing Africans to purchase I land only in the remaining areas.

4. Population Registration Act No. 30 of 1950 Classified all South Africans according to race for voting, living and identification purposes.

5. Black Communities Development Act No. 4 of 1984 Designated specific areas located outside of the c1ues and homelands as townships. The Act also authorized local officers to govern the townships. This Act established racially segregated living areas.

Amended Acts:

The Internal Security Act of No.74 of 1982 has also been amended.

The following laws were amended by passage of the Population Registration Act Repeal Act of 1991.

1. Workmen's Compensation Act No. 30 of 1941 2. Merchant Shipping Act No. 57 of 1951 3. Marriage Act No. 25 of 1961 4. Births, Marriages and Deaths Registration Act No. 81 of 1963 5. Unemployment Insurance Act No. 30 of 1966 6. General Law Amendment Act No. 70 of 1968 7. National Parks Act No. 56 of 1976 8. · Identification Act No. 72 of 1986

16 APPENDIX II

THE COMPREHENSIVE ANTI-APARTHEID ACT OF 1986 SECTION 311

PUBLIC LAW 99-440-0CT. 2, 1986 100 STAT. 1103

TERMINATION OF CERTAIN PROVISIONS SEc. 311. (a) This title and sections 50l(c) and 504(b) shall termi 22 USC 5061. nate if the Government of South Africa- ( 1) releases all persons persecuted for their political beliefs or Nelson Mandela. detained unduly without trial and Nelson Mandela from prison; (2) repeals the state of emergency in effect on the date of enactment· Of this Act and releases all detainees held under such state of emergency; (3) unbans democratic political parties and permits the free exercise by South Africans of all races of the right to form political parties, express political opinions, and otherwise participate in the political process; (4l repeals the Group Areas Act and the Population Registra tion Act and institutes no other measures with the Same pur poses; and (5) agrees to enter into good faith negotiations with truly representative members of the black majority without preconditions. (b) The President may suspend or modify any of the measures President of U.S. required by this title or section 50l(c) or section 504(bJ thirty days after he determines, and so reports to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, that the Government of South Africa has- (1) taken the action described in paragraph (1) of sub section (a), (2) taken three of the four actions listed in paragraphs (2) through (5) of subsection (a), and (3) made substantial progress toward dismantling the system of apartheid and establishing a nonracial democracy, unless the Congress enacts within such 30-day period, in accordance with section 602 of this Act, a joint resolution disapproving the determination of the President under this subsection. (cl It is the policy of the United Slates to support the negotiations African National with the representatives of all communities as envisioned in this Congress. Pan African Act. If the South African Government agrees to enter into negotia Congress. tions without preconditions, abandons unprovoked violence against its opponents, commits itself to a free and democratic post-apartheid South Africa under a code of law; and if nonetheless the African National Congress, the Pan African Congress, or their affiliates, or other organizations, refuse to participate; or if the African National Congress, the Pan African Congress or other organizations- 0 l refuse to abandon unprovoked violence during such nego tiations; and (2J refuse to commit themselves to a free and democratic post apartheid South Africa under a code of law, then the United States will support negotiations which do not include these organizations.

17 Randall Robinson Executive Director

Anne Griffin Legislative Director

Robin Lofton Legislative Assistant

Kristin Wells Legislative Assistant

Mwiza Munthali Information Specialist