File Name: native trust and land act 1936 .zip
- Native Trust and Land Act, 1936
- The Historical Context of Land Reform in South Africa and Early Policies
- The Passage of Hertzog’s Native Bills, Part One
As Prime Minister, General Hertzog is usually credited with having made two fundamental policy initiatives.
Native Trust and Land Act, 1936
Legal instruments through legislation, resolutions, proclamations and ordinances played a key role in legitimizing systematic land dispossession and segregating South Africa.
African, Coloured and Indian and other Asiatic we segregated and banned from owning land in urban areas in the Afrikaner republics and with the creation of the Union in and later under the Group Areas Act and other segregationist laws. Below are various legal instruments related to land dispossession and spatial segregation.
The Transvaal government adopted Resolution on 18 June which prohibited anybody who was not a burgher from owning land. The Resolution specifically proscribes Africans from having burger rights. The law allowed the government to acquire land free of charge in the District of Zoutpansberg, and it became the first law passed by the ZAR to control the distribution of land in the Transvaal.
The Parliamentary Voters Registration Act was passed in in the Cape parliament as a result of pressure applied by the Afrikanner Bond who felt that English parliamentarians were benefiting from an increasing number of African voters. The Act extended the franchise to the Transkei, but conversely raised the requirements for voter qualification using the issue of land ownership.
It excluded voters who owned land under the system of communal or tribal ownership. Since large number of African people owned land under this system, they were excluded from the vote. As a result of the Act, 20, voters — mostly Africans — were disenfranchised; a third of these were in the Eastern Cape.
Cecil John Rhodes who supported the Bill before it became law stated that too many Africans were allowed to vote and it was time this was changed. In terms of the Act, not more than five families of Blacks were permitted to live on farms.
White farmers who allowed the stipulated number of Black families to live on their farms did so, on condition that they worked for them for three months. The Orange Free State government passed Act 25 in The Act withdrew the Natal Coolie Law of to discourage the settlement of Indians in the province, and prohibited them from owning fixed property in the Republic except in areas where the government designated them to live. The Franchise and Ballot Act was passed by the Cape government in to further reduce the influence of the vote of Africans.
This was after more complaints were raised by the Afrikaner Bond which still felt that The Parliamentary Voters Registration passed in did not go far enough in reducing the power of the African vote. For instance, in the election which brought Rhodes to power as Prime Minster, the African vote contributed one sixth of Members of Parliament MPs elected. Thus, in response to pressure by the Afrikaner Bond, the Franchise and Ballot Bill was drafted, debated and enacted into law.
Both Africans and Coloured people were greatly disenfranchised by the Act. In the Cape government Glen Grey Act was passed and it provided for the division of all unalienated land in the district of Glen Grey into locations. The locations were surveyed and divided into portions of about four morgens approximately 3. Land could not be mortgaged and the remaining land was to serve as commonage. Alienation and transfer of land was to be approved by the governor. Any person could lose the land if he failed to pay the cost of survey or quitrent per year and for rebellion.
Law21 passed in the Orange Free State in prohibited farmers from employing more than 5 African householders on one farm without government permission. The law also prohibited Blacks from living outside reserves. However, this proved to be ineffective as Land Companies repeatedly broke the law. This Act authorized the government to establish residential areas for Africans outside towns.
Only those who were registered voters or had permission to stay outside the township were exempted. The police were empowered to effect the removal Africans and even use force.
Crown land was defined as all unalienated land and all land that was property of the government regardless of how that land was acquired. Under the Act a central government was established with four provinces. This saw the creation of a White minority state in which Black people were excluded from political participation in the new dispensation. The Land Settlement Act was passed in by the Parliament of South Africa, and it outlined the provisions for the sale of state land to whites.
Subsequent to the passing of the Act, farms covering a total area of , hectares was given to white farmers over four years. The Natives Land Act was passed on 19 June The Act also included a provision in the law that allowed for exceptions, which had to be approval of the Governor General. Thus, over time land was sold to Africans in areas designated as European particularly in Transvaal. The Native Administration Bill, debated in , made recommendations for acquiring more land from Black people on a scale that was even broader than the Natives Land Act of The Act also proposed the establishment of separate Black authorities.
After being passed on to the Native Land Commission, the bill was not enacted into law until The Asiatics Land and Trading Amendment Act, passed in , legalised the tenure and occupation of land by Indians before However, the Act prohibited more acquisitions of land by Indian people. The Natives Urban Areas Act was passed in This Act gave power to urban local authorities to set aside land for African occupation in separate areas which were called locations.
Land was not owned by Africans, but simply occupied, and people living in these areas largely worked in urban areas. White land owners within 5 kilometres of the proclaimed urban areas were prohibited from allowing Africans other than their employees to reside on their property. Employers were also required to house those of their employees who did not live in locations. All these were attempts to prevent the emergence of settlements on the outskirts of the urban areas.
By design, the Act was an instrument of controlling the influx of Africans into urban areas. A number of amendments to the Act over the years placed even more restrictions on Africans in urban areas.
The Slum Clearance Act, passed in , enabled municipalities to forcibly remove people who were settled in areas that were considered to be slums.
As a result of the forced removals arsing from the Act in Port Elizabeth, the population of New Brighton increased from 7, to 16, The Native Trust and Land Act was passed in Under this Act, African people were rounded up and sent to reserves.
The Representation of Natives Act was passed in by parliament. The Natives Laws Amendment Act was passed in , and it prohibited the buying of land by Africans from Whites in urban areas except by permission from the government. Under the Act, authorities in urban areas were to keep a record of all Africans living in the designated area.
In essence the Natives Laws Amendment Act complemented the Urban Areas Act by compelling local government authorities to vigorously enforce the latter. The Transvaal Pegging Act, passed in , outlawed the extension of ownership and occupation of land by Indians in the Transvaal. The Act also halted the issuing of more trading licences to Indian people.
Under the Act, Indians were not allowed to buy land in predominantly White owned areas in Durban. Whites were not allowed to buy land in Indian owned areas without first obtaining a permit.
The Pegging Act, passed in , prohibited Indian people from extending their businesses or buying in White owned areas in Natal. In essence, the Act pegged the pattern of racially based land ownership, particularly in Durban and other areas, for three years.
Property transfer between Indians and non-Indians was disallowed. The Act was passed following the findings of the second Broome Commission, which investigated the purchase of property by Indian people in White owned areas in Durban.
In the Transvaal, the Pegging Act did not introduce new clauses, but it extended the Transvaal Pegging Act by three years. After its passage, protests by the Indian community broke out. The Asiatic Land Tenure and Indian Representation Act also known as the Ghetto Act severely restricted Indian people from buying or occupying land outside certain exempted areas.
This was an attempt to marginalise Indians and force them to live in certain restricted areas, mostly in towns. In return for the restrictions on land ownership, Indians were offered a limited form of parliamentary representation, mainly through White representatives.
The law was repealed, however, in as one of the first legislative acts of the Nationalist government in the implementation of its policy of apartheid. The Group Areas Act was passed into law in After its passing, the Act permitted the government to establish separate residential areas based on race. In terms of the Act Black or White South Africans were prohibited from buying property or living in area that had been proclaimed as an area for one racial group.
Under the Prevention of Illegal Squatting Act private landowners and local government authorities were compelled to demolish and remove all structures or buildings that were built without permission of the land owner.
The same was applicable for local government authorities concerning buildings or structures erected in violation of building regulations or planning provisions. The Natives Resettlement Act, passed in , gave the government power to remove African land owners and tenants with legal rights in urban freehold areas.
The Act increased government control over African areas of settlement regardless of whether those areas were designated or not. In essence, the Act gave the government power to prevent Africans from living in or close to cities by relocating them to far flung areas such as townships.
As a consequence, afterits passing, the there was a forced relocation of , Africans from Sophiatown and western Johannesburg to Meadowlands and other areas. The Act was based on recommendations of the Tomlinson Commission, which pushed for the extension of reserves into independent territories based on ethnicity. This finally abolished labour tenancy and squatting on white farms. The Black Communities Development Act, passed in , was intended to facilitate racially separate group areas.
Land was zoned for Africans and managed as separate zones. For instance, the Act named Diepkloof as a place of residence for black people, but by the same token, firmly maintained it as an area in which black South Africans could not own land. It also allowed the government, at its discretion, to revoke areas that were previously classified as established for settlement.
This meant that residents occupying these areas became illegal squatters, subject to removal. Resolution The Transvaal government adopted Resolution on 18 June which prohibited anybody who was not a burgher from owning land.
Parliamentary Voters Registration Act The Parliamentary Voters Registration Act was passed in in the Cape parliament as a result of pressure applied by the Afrikanner Bond who felt that English parliamentarians were benefiting from an increasing number of African voters. Volksraad Resolution No. Glen Grey Act In the Cape government Glen Grey Act was passed and it provided for the division of all unalienated land in the district of Glen Grey into locations.
Squatters Law Act No: 21 Law21 passed in the Orange Free State in prohibited farmers from employing more than 5 African householders on one farm without government permission. The Native Administration Bill The Native Administration Bill, debated in , made recommendations for acquiring more land from Black people on a scale that was even broader than the Natives Land Act of Slums Clearance Act The Slum Clearance Act, passed in , enabled municipalities to forcibly remove people who were settled in areas that were considered to be slums.
Pegging Act The Pegging Act, passed in , prohibited Indian people from extending their businesses or buying in White owned areas in Natal.
The Historical Context of Land Reform in South Africa and Early Policies
On and after June 18, , no land of any Indian reservation, created or set apart by treaty or agreement with the Indians, Act of Congress, Executive order, purchase, or otherwise, shall be allotted in severalty to any Indian. The existing periods of trust placed upon any Indian lands and any restriction on alienation thereof are extended and continued until otherwise directed by Congress. Section, act Apr. The Secretary of the Interior, if he shall find it to be in the public interest, is authorized to restore to tribal ownership the remaining surplus lands of any Indian reservation heretofore opened, or authorized to be opened, to sale, or any other form of disposal by Presidential proclamation, or by any of the public-land laws of the United States: Provided, however , That valid rights or claims of any persons to any lands so withdrawn existing on the date of the withdrawal shall not be affected by this Act: Provided further , That this section shall not apply to lands within any reclamation project heretofore authorized in any Indian reservation. June 18, , ch.
The Passage of Hertzog’s Native Bills, Part One
Legal instruments through legislation, resolutions, proclamations and ordinances played a key role in legitimizing systematic land dispossession and segregating South Africa. African, Coloured and Indian and other Asiatic we segregated and banned from owning land in urban areas in the Afrikaner republics and with the creation of the Union in and later under the Group Areas Act and other segregationist laws. Below are various legal instruments related to land dispossession and spatial segregation. The Transvaal government adopted Resolution on 18 June which prohibited anybody who was not a burgher from owning land.
These Acts, which had been passed between and in the four territories, remained in force after Union. They made it a criminal offence to breach the contract of employment.
The need for the current land reform programme arose from the racially discriminatory laws and practices which were in place for the largest part of the twentieth century, especially those related to land ownership. The application of these discriminatory laws and practices resulted in extreme inequalities in relation to land ownership and land use. This article provides an overview of the most prominent legislation which provides the framework for the policy of racially-based territorial segregation. It further discusses the legislative measures and policies which were instituted during the period from to , aimed at abolishing racially-based laws and practices related to land and which eventually provided the basis to the current land reform programme.
Short title. Tenure of native lands by Fijians. Native Lands Commission. Roko of each province a member.