SEGREGATION AND APARTHEID LAWS AS APPLIED TO INDIANS

(1859-1994)

 

                                                   

 

YEAR

LAW (INDENTURE 1859-1950)     APARTHEID LAWS (1948-1994)

1859

LAW No. 14. Law providing for the Introduction of Coolies into the Colony of Natal at Public expense, and for the regulation and governance of such Immigrants  (Repealed by Law No. 2, 1870).

1859

LAW No. 15.  Law enabling persons to introduce, at their own expense, Immigrants from India.  (Repealed by Law No.2, 1870).

1863

LAW No.20. Law regulating payments made by the Masters or Employers of Coolie Immigrants.  (Repealed by Law No.2, 1870).

1864

LAW No.17. Law extending the terms of Assignment of Coolie Immigrants from Three to Five Years.  (Repealed by Law 2, 1870).

1865

LAW No. 29.  Law declaring and amending Law No. 14 of 1859.

1870

LAW No.2. Law to amend and consolidate the Laws relating to the introduction of Coolie Immigrants into this Colony, and to the Regulation and Government of such Coolie Immigrants.

1885

LAW 3. Coolies, Arabs and other Asiatics Act (S.A. Republic) Transvaal:  Prohibition on taking up residence except in segregated areas. Denial of all civic rights.

(a)        Law passed to amend Act 3 of 1885.

(b)        No political rights.

(c)        Cannot own properties.

(d)       Segregation in Streets, Wards and Locations.

1891

State Law of the Orange Free State. Absolute prohibition of Indians to live in the Free State. Those owning businesses had to wind them up at the time of the passing of the law.

1891

LAW 25, Natal. Regulates the life and routine work of indentured Indians.

1895

LAW 17, Natal.  Imposition of the 3 Pound Tax on Indians after expiry of indenture; Indians forced to re-indenture to the Whites; failing that, either  subject to imprisonment or deportation to India.

1896

The Franchise Act, Natal.  Parliamentary Franchise withdrawn.

1897

The Dealers' Licences Act, No.18, Natal. Restriction on Trading Licences - Wholesale and Retail.

1897

The Immigration Restriction Act, Natal. Total Prohibition of Free Immigration into Natal.

1897

LAW 3. - regulating the marriages of Coloured persons within the South African Republic (Transvaal); Criminal offence for an Indian to marry a White woman.

1898

LAW 15, Transvaal. Indians prohibited from operating in gold mining areas.

1899

Regulations - Separation of Trading and Residential areas in Transvaal ( South African Republic).

1900

Act No. 1. Amended the Immigration Law( Natal)thereby making conditions for Indentured Indians more severe.

                       

 

1902

Peace Preservation Proclamation, Transvaal.

1903

The Immorality Ordinance Law 46(Transvaal) imposed severe penalty for "immorality" between European and Asiatic.

1903

Immigration Restriction Act.

1905

The Immigration Restriction Act (Transvaal). Indians allowed to enter the Transvaal only if they were issued a special permit.

1906

The Immigration Act (Cape Colony). Cape commenced prohibition of immigrants from India.

1906

Johannesburg Municipal Ordinance:  Provided for bazaars and locations for Indians.

1906

Act No.3. Amendment to the 1903 Immigration Act (Natal) : Further restrictions on the movements of Indians.

1907

The Arms and Ammunition Act, No.10 (Transvaal) : Indians prohibited from carrying firearms.

1907

The Immigration Act, No.15 (Transvaal) : Total prohibition of Indians into the Transvaal.

1907

Asiatic Law Amendment Act :  Compulsory registration of Indians; Fine of 100 Pounds or 3 months imprisonment.

1907

Education Act No. 25 (Transvaal) : Segregation in schools - compulsory education for Europeans, none for Indians.

1907

Act 27 : Vrededorp Stands Ordinance (Transvaal) :  Indians who had stands were ejected on the pretext of unsanitary conditions.

1907

The Workmen's Compensation Act, No. 36 (Transvaal) : Denial of benefits of the Workmen's Compensation Act to Indians and restricting the term "worker" to European employees only.

1908

The Immorality Amendment Ordinance, Law 16 (Transvaal) :  Long term imprisonment for immoral connections with White women.

1908

The Township Amendment Act, Law 34 (Transvaal) : Residence in town restricted to domestic servants. Trade and residence restricted to segregated areas.

1908

The Gold Law, Act 35 (Transvaal) : Absolute prohibition of Indian Traders to reside or carry on Trade in proclaimed areas.

1908

The Asiatic Registration Amendment Act, No.36 (Transvaal) :  Indians required to register and to carry passes.

1909

The Public Service and Pensions Act, No. 19 (Transvaal) :  No provision made for Indian Civil Servants.

1909

The South Africa Act. Asiatic affairs under direct charge of  Governor-Inner-Council. No safeguard for Indian rights provided.

 

1910

The Public Servants Super-annuation Act, No. 1(Natal) : Indian servants excluded.

           

 

 

1910

Education Act, No. 6 (Natal) :  Compulsory education for Indians not instituted.  Compulsory education for Whites only.

1910

Act No. 31 provides pensions for teachers in Government-aided Schools, Natal.  Indian teachers excluded.

1913

Immigration Regulation Act :  Immigration from Asia prohibited for the whole Union.

1914

Indian Relief Act Arising from the Passive Resiance of 1913, the Solomon Commission (that was subsequently appointed) made recommendations that led to the passing of the Indian Relief Act (no. 22 of 1914) which made provision for :

- the abolishment of the 3 pound tax;
- the legalisation of marriages conducted according to Indian rites:
- the relaxation of the immigration laws; and
- All resisters were to be pardoned.

1919

Act No. 37: Indians in the Transvaal prohibited from owning shares in Limited Companies.

1922

Durban Corporation empowered to introduce Anti-Asiatic Clauses in sale and lease of land.

1924

The Township Franchise Ordinance (Natal) : Municipal franchise taken away.

1924

The  Rural  Dealers'  Ordinance (Natal) : Arbitrary powers given to Rural Boards to issue and handle Indian Licences.

1924

Class Areas Bill.

1924

Durban Land Alienation Ordinance (Natal) : Power enabling the Durban Municipality to sell Corporation land to Indians under restrictive conditions.

1925

The General Dealers' Control Ordinance (Transvaal) :      Extraordinary powers given to the authorities either to grant or refuse licences.

1925

Areas Reservation Bill.

1925

The Colour Bar Act: Prohibition on Non-Europeans to handle machinery run by steam or electricity.

1925

The Local Government (Provincial Powers) Act: Provincial Councils given wide powers to deal with subjects of local importance according to their discretion.

1927

The Immigration and Indian Relief Act: Condonation certificates for illicit entrants were granted.  At the same time action was taken to repatriate Indians under the Cape Town Agreement.

1927

The Liquor Act:  Prohibition (Statutory) of Natives and Indians to be employed in the Liquor Trade.

1927

The Asiatics in the Northern Districts of Natal Act:  Indians prohibited from trading in Vryheid, Northern Natal.

1927

The Nationality and Flag Act:  Indians not recognised as South African Nationals.

1927

The Old Age Pension Act:  No pension provisions made for Indians.

1931

The Immigration Amendment Act: Laws made more stringent.

 

 

 

1932

The Transvaal Asiatic Land Tenure Act :  Introduction of Statutory Segregation.

 

1934

The Transvaal Asiatic Land Tenure Amendment Act: Further restrictions on acquisition and occupation of property.

 

1934

The Slums Act: Demolition of Slums. Under the pretext of Sanitation, the Act is enforced to demolish and expropriate with the ultimate aim of segregation.

 

1935

The Transvaal Asiatic Land Tenure Amendment Act:  More severe restrictions imposed.

 

1935

The Rural Dealers' Licensing Ordinance ( Natal): Granting of Trading Licences tightened in Rural Areas.

 

1935

The Transvaal Asiatic Land Tenure Amendment Act:   Stuttaford Segregation Act.

 

1937

The Marketing and Unbeneficial Land Occupation Act:  The right of farmers (Indian) to till their own soil challenged.

 

1937

The immigration Amendment Act:  Further tightening up of immigration restrictions.

 

1937

The Transvaal Asiatic Land Tenure (Further Amendment) Act:  Feetham  Commission appointed to allot separate areas for Asiatics.

 

1939

The Asiatic (Transvaal) Land and Trading Act:  Asiatics forced to trade only in their own allotted areas.

 

1940

The Town Board and Health and Malaria Committee Ordinance (Natal).  Public Health Regulations:  The aforesaid regulations entrusting executive officers with enormous discretionary powers, operated in the direction of race discrimination.

 

1940

The Durban Extended Powers Ordinance (Natal): Extensive Powers granted to Municipal authorities to tax as well as to deal with citizens in the Municipal and Greater Durban Areas according to the discretion of municipal officials.

 

1941

The Factories Machinery and Building Works Act: Gives extraordinary powers to differentiate in factories between Indians and Europeans.

 

1941

Resolutions for the exemption of the Feetham areas in the Transvaal:  Those who had established long-standing businesses in areas not demarcated in the past, exempted from the operations of the Law.

 

1941

The Asiatics (Transvaal) Land and Trading Act: Extension of Segregation policy in Rural Areas.

 

           

 

 

1943

The Pegging Act, Natal:  Indians prohibited from residing on or from buying property or land in the City of Durban, except under permit.  Indians prohibited from purchasing property from Europeans in Durban.

1945

The Special Housing Act (Natal):  Extraordinary powers given to housing board to expropriate property with a view to segregating Indians.

1946

The Asiatic Land Tenure and Indian Representation Act 28 (Ghetto Act):  Restriction placed on acquisition and occupation of land by Asiatics. Indians granted"special" Communal Franchise which they refused.

1950

Group Areas Act. A comprehensive Act that segregated Whites, Indian, Coloureds and Blacks into defined segregated areas for the purposes of trade and residence.

 

 

Apartheid Legislation (1948-1994)