Segregationist Legislation Timeline 1960-1969

Proclamation No 400 and Proclamation No 413

Emergency regulations contained in Proclamations 400 and 413 were issued under pre-union statutes (Dugard 1978: 110). Proclamation 400 was only repealed in 1977 by the Public Security Act No 30.

Extension of University Education Amendment Act No 32 of 1960

Amended the extension of University Education Act No 45 of 1959 and the University of Fort Hare Transfer Act No 64 of 1959. Assent gained: 7 April 1960; commencement date not found. Repealed by s 21 of the Tertiary Education Act No 66 of 1988.

Unlawful Organisations Act No 34 of 1960

Provided for organisations threatening public order or the safety of the public to be declared unlawful. The ANC and the PAC were immediately declared unlawful. Commenced: 7 April 1960. Repealed by s 73 of the Internal Security Act No 74 of 1982.

Urban Blacks Council Act No 79 of 1961

The first provision for Black ?self-government' in the urban townships. Assent gained: 30 June 1961; commencement date not found. Repealed by s 14 of the Community Councils Act No 125 of 1977.

General Law Amendment Act No 39 of 1961

Provided for twelve-day detention. Amended:

  • the Arms and Ammunition Act 28 of 1937 regarding the issuing and cancellation of firearm licences;
  • the 1955 Criminal Procedure Act regarding powers of the Attorney-General to prohibit release on bail or otherwise; and
  • the 1956 Riotous Assemblies Act. Commenced: 19 May 1961. Sections 6 and 7 repealed by the Internal Security Act No 74 of 1982.

Indemnity Act No 61 of 1961

With retrospective effect from 21 March 1960. This Act indemnifies the government, its officers and all other persons acting under their authority in respect of acts done, orders given or information provided in good faith for the prevention or suppression of internal disorder, the maintenance or restoration of good order, public safety or essential services, or the preservation of life or property in any part of the Republic. Commenced: 5 July 1961

General Law Amendment Act (Sabotage Act) No 76 of 1962

Increased the State President's power to declare organisations unlawful. Further restrictions could be imposed in banning orders, restricting movement. Persons could now even be banned from social gatherings, including having more than one visitor at a time. The Minister could list banned persons in the Government Gazette (GG).

This Act created the offence of sabotage by providing that any person who committed any wrongful and wilful act whereby he/she injured, obstructed, tampered with or destroyed the health or safety of the public, the maintenance of law and order, the supply of water, light, power, fuel or foodstuffs, sanitary, medical, or fire extinguishing services could be tried for sabotage (Horrell 1978: 443). Commenced: 27 June 1962. Section 16 repealed by the State of Emergency Act No 86 of 1995.

Terrorism Act No 83 of 1962

According to Horrell (1978: 473), this Act signalled the beginning of the struggle against ?Red arms' as opposed to purely ?Red ideology'. It authorised indefinite detention without trial on the authority of a policeman of or above the rank of lieutenant colonel. The definition of terrorism was very broad and included most criminal acts. No time limit was specified for detention; it could be continued until detainees had satisfactorily replied to all questions or no useful purpose would be served by continued detention. Fortnightly visits by magistrates were provided for ?if circumstances permit'. No other visitors were permitted. The Act was operative retrospectively to 27 June 1962 and also applied to South West Africa retrospectively (Horrell 1978: 445). It differed from the ninety-day and 180-day detention laws in that the public was not entitled to information relating to the identity and number of people detained under the Terrorism Act (Dugard 1978: 118). Commenced: 27 June 1962. All sections except s 7 repealed by s 33 of the Internal Security and Intimidation Amendment Act 138 of 1991.

General Law Amendment Act No 37 of 1963

Section 17, the ninety-day detention law, authorised any commissioned officer to detain - without a warrant - any person suspected of a political crime and to hold them for ninety days without access to a lawyer (Horrell 1978: 469). In practice people were often released after ninety days only to be re-detained on the same day for a further ninety-day period. The ?Sobukwe clause' allowed for a person convicted of political offences to be detained for a further twelve months. The Act also allowed for further declaration of unlawful organisations. The State President could declare any organisation or group of persons which had come into existence since 7 April 1960 to be unlawful. This enabled the government to extend to Umkhonto we Sizwe and Poqo the restrictions already in force on the ANC and the PAC (Horrell 1978: 416). Commenced: 2 May 1963, except ss 3, 9 & 14, which came into effect at different times. Sections 3-7 and 14-17 repealed by the Internal Security Act No 74 of 1982.

Transkei Constitution Act No 48 of 1963

Self-government given to Transkei. Commenced: 30 May 1963. Repealed by s 7 of the Constitution of the Republic of South Africa Act No 200 of 1993.

Extension of University Education Amendment Act No 67 of 1963

Amended the 1959 Extension of University Education Act and the University College of Fort Hare Transfer Act No 64 of 1959. Commenced: 3 July 1963: Repealed by s 21 of the Tertiary Education Act No 66 of 1988.

General Law Amendment Act No 80 of 1964

Amended the 1963 General Law Amendment Act so that the Minister of Justice could extend the operation of the Sobukwe clause in individual cases. Sobukwe was thus imprisoned until 1969. This clause was re-enacted in amended form in 1976. Commenced: 24 June 1964. Repealed by the Corruption Act No 94 of 1992.

Transkei Authorities Act No 6 of 1964

Set in place mechanisms for the recognition of the Transkei government. Commenced: 28 August 1964. Repealed by the Transkei Authorities Act No 4 of 1965.

Black Labour Act No 67 of 1965

Consolidated the laws regulating the recruiting, employment, accommodation, feeding and health conditions of Black labourers. Commenced: 1 January 1965. Repealed by s 69 of the Black Community Development Act No 4 of 1984.

Education Act No 2 of 1965

Overrode South African apartheid schooling systems and provided for Black schooling and subsidies. Commenced: 1 April 1965

Criminal Procedure Amendment Act No 96 (180-Day Detention Law) of 1965

Provided for 180-day detention and re-detention thereafter. The Attorney-General was empowered to order the detention of persons likely to give evidence for the state in any criminal proceedings relating to certain political or common-law offences. Unlike the ninety-day provision, this did not specify interrogation as part of the detention. Detainees could be held for six months in solitary confinement and only state officials were permitted access. No court had the jurisdiction to order the release of prisoners or to rule on the validity of the regulations under the Act. Commenced: 25 June 1965. Repealed by s 344 of the Criminal Procedure Act No 51 of 1977 except for ss 319(3) and 384.

Transkeian Authorities Amendment Act No 7 of 1966

Amended the list of authoritative bodies in the homeland. Commenced: 30 June 1966

Group Areas Act No 36 of 1966

While in theory this was not discriminatory legislation, it was implemented in a way that was advantageous to Whites (Dugard 1978: 82). Commenced: 26 October 1966. Repealed by s 48 of the Abolition of Racially Based Land Measures Act No 108 of 1991.

Industrial Conciliation Further Amendment Act No 61 of 1966

Prohibited strikes and lock-outs for any purpose unconnected with the employee/employer relationship (Horrell 1978: 279). Commenced: 4 November 1966. Repealed by Labour Relations Act No 66 of 1995.

General Law Amendment Act No 62 of 1966

Designed in response to guerrilla activities on the northern borders of the then South West Africa (Dugard 1978: 116). Section 22(1) was amended to provide for the detention of suspected ?terrorists' for up to fourteen days for purposes of interrogation. The Commissioner of Police could apply to a judge to have the detention order renewed. This was essentially a forerunner of the 1967 Terrorism Act. Commenced: 4 November 1966. Sections 3-6 & 22 repealed by the Internal Security Act No 74 of 1982

Education Act No 9 of 1967

Enacted various schooling mechanisms. Commenced: 6 January 1967

Transkeian Police Act No 5 of 1967

Provided for a national policing service and the various powers vested in it. Commenced: 6 January 1967

Environmental Planning Act No 88 of 1967

Placed restrictions on the number of Blacks who could be employed in the manufacturing industry in the larger industrial areas. Assent gained: 19 June 1967; commencement date not found. IN FORCE: LAND.

Suppression of Communism Act No 24 of 1967

Prohibited certain persons from making or receiving donations for the benefit of certain organisations; prohibited others from practising as advocates, attorneys, notaries and conveyances, and extended the grounds for deporting people from the Republic. Commenced: 8 March 1967. Repealed by s 73 of the Internal Security Act 74 of 1982.

Labour Laws Amendment Act No 4 of 1967

Amended South African labour laws for Transkei. Commenced: 1 September 1967

Separate Representation of Voters Amendment Act No 50 of 1968

The Coloured Persons Representative Council was formed with forty elected members and twenty nominated members. It had legislative powers to make laws affecting Coloureds on finance, local government, education, community welfare and pensions, rural settlements and agriculture. No bill could be introduced without the approval of the Minister of Coloured Relations, nor could a bill be passed without the approval of the White Cabinet (Dugard 1978: 98). Assent gained: 27 March 1968; commencement date not found. Repealed by s 101(1) of the Republic of South Africa Constitution Act No 110 of 1983.

Prohibition of Political Interference Act No 51 of 1968

Prohibited non-racial political parties (ss 1 & 2) and foreign financing of political parties (s 3). The Act was later renamed the ?Prohibition of Foreign Financing of Political Parties Act' by the 1985 Constitutional Affairs Amendment Act. Sections 1 and 2 relating to the ban on non-racial political parties repealed by the same Act (No 104) of 1985. Section 3 repealed by Abolition of Restrictions on Free Political Activity Act No 206 of 1993.

South African Indian Council Act No 31 of 1968

Established the Council consisting of twenty-five members appointed by the Minister of Indian Affairs. The number was increased to thirty members, of which fifteen were appointed by the Minister and fifteen indirectly through electoral colleges in the provinces (Dugard 1978: 100). Unlike the Coloured Persons Representative Council, the South African Indian Council was not granted legislative powers. Commenced: 26 March 1968. Repealed by s 23 of the Republic of South Africa Constitution Act No 110 of 1983.

Prohibition of Mixed Marriages Amendment Act No 21 of 1968

Invalidated any marriage entered into outside South Africa between a male citizen and a woman of another racial group (Dugard 1978: 69). Commenced: 27 March 1968. Repealed by the Immorality and Prohibition of Mixed Marriages Amendment Act No 72 of 1985.

Dangerous Weapons Act No 71 of 1968

Prohibited the possession of weapons which could cause bodily injury if used in an assault. The Minister of Justice could prohibit the possession or manufacture or supply of such objects. Commenced: 3 July 1968

IN FORCE (as amended by the Dangerous Weapons Amendment Act No 156 of 1993): ARMS AND AMMUNITION.

Public Service Amendment Act No 86 of 1969

Established the Bureau of State Security (BOSS) (Horrell 1978: 449). Commenced: 1 April 1969. Repealed by s 37 of the Public Service Act No 111 of 1984.

Last updated : 12-Apr-2012

This article was produced for South African History Online on 30-Mar-2011