See also "Apartheid Legislation".
1913 Native
Land Act
1923 Natives (Urban Areas) Act
1927 Native Administration Act
1936 Native Trust and Land Act
1936 Native Representation Act
1937 Native Laws Amendment Act
The history of South Africa is both interesting and intriguing. I researched the legislation period from 1930-1937. I was unable to locate any pertinent information on the Women's Enfranchisement Bill or Franchise Laws Amendment Act. On the other hand, I did come across a web site with some valuable information on South African history <http://www.anc.org.za/ancdocs/history/misc/hous123.html>. Although it may not have been useful for my topic, it may be beneficial to those wishing to get a better understanding of South Africa's past. However, information obtained about the 1936 Trust and Land Act makes the issues dealt with in "A Point of Identity," by Es'kia Mphahlele, a bit more clear.
The 1936 Native Trust and Land Act reinforced the basic concepts behind the 1913 Native Land Act. The act gave Africans exclusive rights to their "homelands." This was the portion of the country reserved for African occupation and equaled about twenty-three million acres (Thompson 46). This seemed as though it would give hope to those who were without land but on the contrary it was looked upon as being a fraud. Although the amount of "released areas" increased, it was still virtually impossible to gain land. The rent was too high and the land allotments were too small (Butler 100). The "homeland" territory was expected to equal 13.7% of the total country, or forty-one million acres, but it was reported in 1976 as only 12% (Thompson 46). Basically the South African government restricted the ability for Africans to establish a permanent residence, own property or earn independent livelihood outside of the 13% allowed (Johns 23). Segregation was such an issue "that railroads were constructed to link white agriculture areas to ports and urban markets, by passing black areas" (Lowenberg 34). In conjunction with this act, the 1937 Native Laws Amendment Act was put into effect. This act "was meant to tighten the already harsh constraints of the 1923 Urban Areas Act" (Butler 100). The purchase of land and property by Africans in Urban areas was forbidden.
These two influential acts play an important role in the understanding of "A Point of Identity." The identity card given to Karel not only told the world what he was labeled as but also decided what areas he could and could not live in. I understand that being kicked out of your home is harsh enough but to be thrown into an area that is not exactly up to par would be even worse. Researching these two acts opened my eyes to the severity and significance of the identity card.
Butler, Jeffrey. Democratic Liberalism in South Africa: Its History and Prospect. Middletown, CT: Wesleyan UP, 1987.
Johns, Sheridan. Mandela, Tambo and the African National Congress. New York: Oxford UP, 1991.
Lowenberg, Anton D. The Origins and Demise of South African Apartheid. Michigan: U of Michigan P, 1998.
Thompson, Leonard. South African Politics. London: Yale UP, 1982.
1949 Prohibition of Mixed Marriages Act
1950 Immorality Act
1950 Population Registration Act
1950 Group Areas Act
Imagine living in a country where the natural human right is taken away from the people. They cannot decide whom they love or marry unless it is person of the same race. They cannot decide where to live unless it is within the boundaries set up for their race. Their identity is not determined by how they feel inside, but by a card states his/her exact race. How can a country so culturally diverse take away basic human emotions that cannot be controlled?
In a country full of cultural diversity, the minority, whites, have managed to take control of everyone's human rights. Soon after the highly controversial elections, many apartheid laws were passed. The Mixed Marriages Act of 1949 outlawed the choice to marry out of one's race. The purpose was to prove to the citizens of South Africa that the government would control the people of any race (Apartheid Acts). As we read in "A Point of Identity," Karel was not legally married to his wife because of their different ethnicities. However, the two were still bound by love (Mphahlele 110). Does the government really have the authority, or the ability to take that away from someone?
The Immorality Act of 1950 was a branch of the Mixed Marriages Act.
It stated that no one could make love to anyone outside of his or her race.
While this may seem hard to control, with distinct boundaries to determine
race location, it was sufficiently upheld by the government. In 1985, State
President P.W. Botha stated that the act was not discriminatory because
it protected the race of an area. The Group Areas Act of 1950 took away
the right to live and work where one pleased. A
board established boundaries for each race in which they could live.
The whites received the best pieces of land, higher education, and basic
services such as lawyers. Families had to move out of homes they had lived
in for years, and find new jobs after already possessing a stable one.
Imagine moving into a strange area with strange new people after having
an established society for so long.
The Population Registration Act of 1950 forced all citizens of sixteen years and older to carry around a card stating race, and other information on the card (Racism and Apartheid 45). As we questioned in "A Point of Identity," is there higher impact of personal opinion of identity, or regulated terms of identity?
Where is the line drawn for international human rights? These four acts
are only some of many which the government forced upon the people. Unfortunately,
the Apartheid is still being fought today. Imagine living in a society
where one's own feelings
are determined for him or her. It is unimaginable.
"The Group Areas Act, Mixed Marriages Act, and Immortality Amendment Act." Apartheid Acts. 11 Feb. 2000. <http://www.history.und.ac.za/soweto/aparthei1.htm>.
Mphahlele, Es'kia.Renewal Time: Stories by Es'kia Mphahlele. London: Readers International, 1988.
Racism and Apartheid in Southern Africa: South Africa and Nambia.
Paris: Unesco Press, 1974.
The group of topics that I chose to research are under the classification of Legislation. My topics are the Prohibition of Mixed Marriages Act, of 1949, and of 1950: the Immorality Act, the Population Registration Act, and the Group Areas Act. The book that I chose to use was actually not too helpful in information pertaining to these subjects. Each of these acts were listed as becoming laws, but there was no background information on the details. Some general information that I was able to find in the book is the following: "Law has been a terrain of political contestation throughout South African history. Courts have been oscillated between being compliant, even enthusiastic, instruments of white domination and erecting obstacles, if only temporary, to the apartheid project" (Abel 14). It goes on to say that racist ideology was translated into laws (which were the Mixed Marriages Act, Population Registration Act, Group Areas Act, and Immorality Act). Since I did not find any further discussion on any of these acts, I accessed the web for something that goes along with the idea of Mixed Marriages that I thought was interesting. The information is based on asking a minister what his views were on interracial marriages and the following is some of his response: "In my opinion, there is no scripture which says this is sin . . . Nehemiah 13:23-28 provides an illustration of what sometimes results from mixed marriages with children that are born. While it is not sin, all cross-cultural marriages will have unique stress all their own. For this reason, I think it is an ill-advised choice. In nature, it is a fact that everything reproduces/mates with its own kind. Even the marriage of the very rich with the very poor or any wide disparity will result in additional stress factors in the relationship . . ." I wonder how related this might be to the Prohibition of Mixed Marriages Act. It seems as if it might correlate quite nicely. However, without actually knowing what types of mixed marriages the act prohibits, the connection is left to our imaginations. I think that this and the other acts in my research group could be very interesting if explored more thoroughly. Did anyone happen to run across anything pertaining to my topics in their research? If so, please share.
Abel, Richard. Politics by other Means: Law in the Struggle against Apartheid. London: Routledge, 1995.
"Ask a Minister." Lorain County Free Net Chapel. <http://www.misslink.org/chapel/marriages.html>
During the 1950's, apartheid was becoming more prevalent in South Africa and various acts were passed that triggered more opposition between white and black.
1951 Bantu Authorities Act: In 1951, the Bantu Authorities Act established African reserves, known as "homelands." These were independent states that the government assigned each African according to their record of origin. All political rights were restricted to the confines of the "homeland"; therefore, Africans were considered citizens of these "homelands," but they lost their citizenship in South Africa. If they wanted to enter South Africa, they needed passports.
1953 Criminal Law Amendment Act: In 1953, the Criminal Law Amendment Act gave the government power to declare states of emergency and to increase penalties for either supporting or protesting against the repeal of a law. During any of the states of emergency, anyone could be held without a hearing for up to six months.
1953 Reservation of Separate Amenities Act: In 1953, the Reservation of Separate Amenities Act simply said that blacks would be punished for mingling or mixing with whites on public property.
1953 Bantu Education Act: Also in 1953, the Bantu Education Act was passed which forced Black students to learn within an education system that taught only the necessary basic skills for menial labor. The minister of native affairs, Dr. H. F. Verwoerd stated that, "[racial relations] could not improve if the result of African education was the creation of a frustrated people who, as a result of the education they received, had expectations in life which circumstances in South Africa did not allow to be fulfilled" (Mandela).
1954 Natives Resettlement Act: In
1954, the Native Resettlement Act was passed which gave the government
permission to move entire communities that had been established for years.
This aided in helping to isolate the African people, therefore preventing
the rise and any development of national consciousness amongst them.
"Life Under Apartheid: 1948-1990." < http://www.rainbow-revolution.com/pages/resources/backgrounder/apartheid/apartbgrd.html>.
Mandela, Nelson. "Bantu Education Goes to University." Liberation. (June 1957). February 2000. <http://www.anc.org.za/ancdocs/history/mandela/1950s/nm55-56.html>.
Posel, Deborah. The Making of Apartheid 1948-1961: Conflict and Compromise. New York: Oxford UP, 1991.
1960 Bantu Self Government Act
1971 Bantu Homelands Act
1973 Bantu Laws Amendment Act
1983 Constitutional Act