Group Areas Act

{{Short description|South African laws codifying racial segregation}}

{{Use South African English|date=February 2024}}

{{Use dmy dates|date=April 2022}}

File:Mass Meeting at Durban on May 28, 1950 to protest against Group Area Bill and Suppression of Communism Bill.jpg attended by over 20,000. The meeting was jointly organised by the African National Congress, Natal Indian Congress, and the Coloured People Organisation.]]

{{Infobox legislation

| short_title = Group Areas Act, 1950

| legislature =

| image = Coat of arms of South Africa (1932–2000).svg

| imagesize = 200px

| imagealt = 258 x

| caption =

| long_title = Act to provide for the establishment of group areas, for the control of the acquisition of immovable property and the occupation of land and premises, and for matters incidental thereto.

| citation = Act No. 41 of 1950

| territorial_extent =

| enacted_by = Parliament of South Africa 

| date_enacted =

| passed = 2785x

| date_commenced = 30 March 1951 (Cape, Transvaal, Natal)
31 October 1952 (O.F.S.)

| date_of_expiry =

| date_repealed = 1 November 1957

| administered_by = Minister of the Interior

| bill = 250009665

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| repealed_by = Group Areas Act, 1991

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| status = repealed

}}

{{Infobox legislation

| short_title = Group Areas Act, 1991

| legislature =

| image = Coat of arms of South Africa (1932–2000).svg

| imagesize = 200px

| imagealt =

| caption =

| long_title = Act to consolidate the law relating to the establishment of group areas, the control of the acquisition of immovable property and the occupation of land and premises and matters incidental thereto.

| citation = Act No. 77 of 1957

| territorial_extent =

| enacted_by = Parliament of South Africa 

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| date_assented =

| royal_assent = 24 June 1957

| date_signed =

| date_commenced = 1 November 1957

| date_of_expiry =

| date_repealed = 26 October 1966

| administered_by = Minister of the Interior

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| repeals = Group Areas Act, 1950

| repealed_by = Group Areas Act, 1991

| related_legislation =

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| keywords =

| status = repealed

}}

{{Infobox legislation

| short_title = Group Areas Act, 1966

| legislature =

| image = Coat of arms of South Africa (1932–2000).svg

| imagesize = 200px

| imagealt =

| caption =

| long_title = Act to consolidate the law relating to the establishment of group areas, the control of the acquisition of immovable property and the occupation of land and premises, and matters incidental thereto.

| citation = Act No. 36 of 1966

| territorial_extent =

| enacted_by = Parliament of South Africa 

| date_enacted =

| date_passed =

| enacted_by2 =

| date_enacted2 =

| date_passed2 =

| date_assented = 5 October 1966

| royal_assent =

| date_signed =

| date_commenced = 26 October 1966

| date_of_expiry =

| date_repealed = 30 June 1991

| administered_by = Minister of Planning

| bill =

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| repeals = Group Areas Act, 1957

| repealed_by = Abolition of Racially Based Land Measures Act, 1991

| related_legislation =

| summary =

| keywords =

| status = repealed

}}

Group Areas Act was the title of three acts of the Parliament of South Africa enacted under the apartheid government of South Africa. The acts assigned racial groups to different residential and business sections in urban areas in a system of urban apartheid. An effect of the law was to exclude people of colour from living in the most developed areas, which were restricted to Whites (e.g. Sea Point, Claremont). It required many people of colour to commute large distances from their homes to be able to work. The law led to people of colour being forcibly removed for living in the "wrong" areas. People of colour, who were the majority at the time, were given much smaller areas (e.g., Tongaat, Grassy Park) to live in than the white minority. Pass Laws required people of colour to carry pass books and later "reference books",Women's Anti-Pass Law Campaigns in South Africa http://africanhistory.about.com/od/apartheid/a/WomensAntiPass.htm {{Webarchive|url=https://web.archive.org/web/20161004131756/http://africanhistory.about.com/od/apartheid/a/WomensAntiPass.htm |date=4 October 2016 }} similar to passports, to enter the "white" parts of the country.

The first Group Areas Act, the Group Areas Act, 1950 was promulgated on 7 July 1950, and it was implemented over a period of several years. It was amended by Parliament in 1952, 1955 (twice), 1956 and 1957. Later in 1957, it was repealed and re-enacted in consolidated form as the Group Areas Act, 1957, which was amended in 1961, 1962, and 1965. In 1966, that version was, in turn, repealed and re-enacted as the Group Areas Act, 1966, which was amended in 1969, 1972, 1974, 1975, 1977, 1978, 1979, 1982, and 1984. It was repealed, along with many other discriminatory laws, on 30 June 1991 by the Abolition of Racially Based Land Measures Act, 1991.

Background

After the 1948 general election, D.F. Malan's administration commenced its policy of apartheid that sought to segregate the races in South Africa. The government hoped to achieve this through "separate development" of the races and this entailed passing laws that would ensure a distinction on social, economic, political and, in the case of the Group Areas Act, geographical lines.http://www.sahistory.org.za/article/history-separate-development-south-africa The History of Separate Development in South Africa The Group Areas Act may be regarded as an extension of the Asiatic Land Tenure Act, 1946.{{cite book |last=Davenport |first=T.R.H. |date=1978 |title=South Africa: A Modern History |publisher=CUP |page=259-9 }}

Provisions

The Act empowered the Governor-General to declare certain geographical areas to be for the exclusive occupation of specific racial groups. In particular the statute identified four such racial groups: whites, coloureds, indians, and natives. This authority was exercised on the advice of the Minister of the Interior and the Group Areas Board.{{cite book |last=Loveland |first=Ian |date=1999 |title=By Due Process of Law: Racial Discrimination & the Right to Vote in South Africa 1855-1960 |url=https://archive.org/details/bydueprocesslawr00love|url-access=limited |publisher=Hart |page=[https://archive.org/details/bydueprocesslawr00love/page/n267 242]-3 |isbn=9781841130491 }}

Once an area had been designated for sole occupation by certain racial groups, the proclamation would not become legally effective for at least one year. Once this time had expired, it became a criminal offence to remain in occupation of property in that area with the punishment potentially being a fine and two years' imprisonment.s. 34, Group Areas Act 1950

The Act also applied to businesses with racial designation being applied on the basis of the individuals who held a controlling interest in the company.

Impact

The Act became an effective tool in the separate development of races in South Africa. It also granted the Minister of the Interior a mandate to forcibly remove non-whites from valuable pieces of land so that they could become white settlements.

One of the most famous uses of the Group Areas Act was the destruction of Sophiatown, a suburb of Johannesburg.{{Cite web | url=http://www.sahistory.org.za/article/urban-removals-destruction-sophiatown | title=Urban Removals - the Destruction of Sophiatown | South African History Online }} On 9 February 1955, 2,000 policemen began removing residents to Meadowlands, Soweto and erected a new white-only area called Triomf (Victory).http://www.southafrica.info/about/history/sophiatown140206.htm#.Vbzqm_lViko {{Webarchive|url=https://web.archive.org/web/20081207011053/http://www.southafrica.info/about/history/sophiatown140206.htm#.Vbzqm_lViko |date=2008-12-07 }} Sophiatown again, 50 years on

Nelson Mandela said of the Act in his book, Long Walk to Freedom:

{{Quote|text="the Groups Areas Act was the foundation of residential apartheid. Under its regulations, each racial group could own land, occupy premises, and trade only in its own separate area. Indians could henceforth only live in Indian areas, Africans in African, Coloureds in Coloured. If whites wanted the land or houses of the other groups, they could simply declare that land a white area and take them"Mandela, Nelson (2004). The Long Walk to Freedom. Little Brown Book.}}

See also

References

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