The non-justiceable constitution : the dilemma of the disfranchised Black South African, 1910-1980
type: CreativeWork
description: The constitutional history and the constitutional status quo in the Republic of South Africa have been written on, commented upon many times- But no Black man has ever committed to writing the legal impact of South Africa's laws from a Black perspective. This paper does not seek to deal exhaustively with all the racial legislation of the Republic of South Africa. Such a task would require the writing of a 500 page work to be entitled, "The Theory and Practice of Racial Discrimination in S.A.". It is also clearly out¬side the scope of this paper. What the writer has sought to do in this paper is to highlight those historical, legal, political and social forces that have shaped and spawned "Apartheid" in South Africa and to show how the Blacks have reacted to the enforcement of apartheid laws. The writer has elected to discuss just a few pieces of legislation which, it seems to the writer, best re¬flect the interaction of the forces referred to above. The legislation referred to directly affects constitu¬tional issues and it is for that reason that it is re¬ferred to. The choice of laws to be referred to has been somewhat arbitrary and coloured by the writer's perceptions but it is the firm view of the writer that the treatment of the subject has been fair in the cir¬cumstances . A brief explanatory note is called for at this stage. » 1. The terms "Black" or Bantu" or "Native" as they appear in the text refer to the people of African descent in South Africa. Although since the rise of the Black Power Movement in the Republic, the term "Black" has come to include "Coloured" or mixed race people and Indians, this is not the meaning attached to it in this treatise. The reason is obvious. The Indians and Coloureds have been treated differently and have reacted differently to racial discrimination in S.A. and it would require a paper about two or three times as long as this paper to examine their position legally. The motivation has not been to discriminate against other p…
abstract: The constitutional history and the constitutional status quo in the Republic of South Africa have been written on, commented upon many times- But no Black man has ever committed to writing the legal impact of South Africa's laws from a Black perspective. This paper does not seek to deal exhaustively with all the racial legislation of the Republic of South Africa. Such a task would require the writing of a 500 page work to be entitled, "The Theory and Practice of Racial Discrimination in S.A.". It is also clearly out¬side the scope of this paper. What the writer has sought to do in this paper is to highlight those historical, legal, political and social forces that have shaped and spawned "Apartheid" in South Africa and to show how the Blacks have reacted to the enforcement of apartheid laws. The writer has elected to discuss just a few pieces of legislation which, it seems to the writer, best re¬flect the interaction of the forces referred to above. The legislation referred to directly affects constitu¬tional issues and it is for that reason that it is re¬ferred to. The choice of laws to be referred to has been somewhat arbitrary and coloured by the writer's perceptions but it is the firm view of the writer that the treatment of the subject has been fair in the cir¬cumstances . A brief explanatory note is called for at this stage. » 1. The terms "Black" or Bantu" or "Native" as they appear in the text refer to the people of African descent in South Africa. Although since the rise of the Black Power Movement in the Republic, the term "Black" has come to include "Coloured" or mixed race people and Indians, this is not the meaning attached to it in this treatise. The reason is obvious. The Indians and Coloureds have been treated differently and have reacted differently to racial discrimination in S.A. and it would require a paper about two or three times as long as this paper to examine their position legally. The motivation has not been to discriminate against other p…
author: Mchunu, Ernest Sipho.
keywords: South Africa--Constitutional history.
license: https://devspace.unizulu.ac.za/bitstreams/331813be-0618-4dc7-9bca-425732e7dc14/download
date published: 1981
date modified: 2026-07-24T06:17:22Z
provider: University of Zululand
publisher: Networked Digital Library of Theses and Dissertations
type: WebPage
source organization: University of Zululand