Tables listing selected South African legislation

Reference;  Another Country: Everyday Social Restitution – Sharlene Swartz

Legislation that entrenched racial discrimination and Apartheid (1856 to 1959)[1]

  1. The Cape Province Masters and Servants Act, No. 15 of 1856, attached criminal liability to breach of employment contracts between unskilled workers (usually Black or Coloured) and White employees in the Cape, and later in all four provinces through subsequent acts.
  2. The Natives Land Act, No. 7 of 1913, reserved 93% of all land for White settlers while prohibiting blacks from owning or renting land outside of reserves (7%).
  3. The Natives Urban Areas Act, No. 21 of 1923, restricted Black people to certain types of jobs and areas.
  4. The Population Registration Act, No. 30 of 1950, grouped people into one of four categories (whose descriptions and labels changed over time):’White’,’Black’,’Coloured’, and ‘Indian/Asian’.
  5. The Prohibition of Mixed Marriages Act, No. 55 of 1949, and the Immorality Act, No. 21 of 1950 (an expanded version of the 1923 act) prohibited sexual intercourse and marriage between people of all different races.
  6. The Group Areas Act, No. 41 of 1950, limited various race groups to particular areas, including removing people from White areas by force and corralling Black people into ‘Homelands’ or self-governing ‘Bantustans’ from which they could migrate for work with a dompas (Bantu Authorities Act, No. 68 of 1951; Promotion of Bantu Self-Government Act, No. 46 of 1959; Natives Coordination of Documents Act, No. 67 of 1952, respectively).
  7. The Suppression of Communism Act, No. 44 of 1950, denied Black people the right to mobilise politically.
  8. The Separate Representation of Voters Act, No. 46 of 1951 (amended 1956) had the effect of removing Coloured people off the common voter’s roll in the Cape.
  9. The Native Labour Act, No. 49 of 1953, effectively reserved certain jobs for Whites only.
  10. The Bantu Education Act, No. 47 of 1953, wrote into law the mandate of ‘education for servitude’ for Black children.
  11. The Reservation of Separate Amenities Act, No. 49 of 1953, declared parks, buses, beaches, benches, toilets to be reserved for particular race groups.
  12. Prohibition of Interdicts Act, No. 64 of 1956, denied people the right to appeal against forced removals or participate in labour action.
  13. The Extension of University Education Act, No. 34 of 1959, excluded Black people from White universities and created separate universities for various race groups.

Selected legislation enacted in South Africa after 1994 to make restitution for Apartheid

Land redistribution

  1. Restitution of Land Rights Act (Act No. 22 of 1994)
  2. Provision of Land and Assistance Act (Act No. 67 of 1995)
  3. The Development Facilitation Act (Act No. 67 of 1995)
  4. Interim Protection of Informal Land Rights Act (Act No. 31 of 1996)
  5. Land Reform (Labour Tenants) Act (Act No. 3 of 1996)
  6. Communal Property Associations Act (Act No. 28 of 1996)
  7. The Land Reform (Labour Tenants) Act (Act No. 3 of 1996)
  8. Extension of Security of Tenure Act (Act No. 62 of 1997)
  9. Transformation of Certain Rural Areas Act (Act No. 94 of 1998)
  10. The Communal Land Rights Act (Act No. 11 of 2004)

Economic opportunities

  1. Employment Equity Act (Act No. 55 of 1998)
  2. Preferential Procurement Policy Framework Act (Act No. 5 of 2000)
  3. Broad-based Black Economic Empowerment Act (Act No. 53 of 2003)

Reconciliation and reparations

  1. Promotion of Reconciliation and National Unity Act (Act No. 34 of 1995)
  2. Promotion of Equality and Prevention of Unfair Discrimination Act (Act No. 4 of 2000)

[1]   Truth and Reconciliation Commission (1999a) Truth and Reconciliation Commission of South Africa Report (Vol. 1). London: Macmillan, pp. 450-477.