TRC Final Report

Volume 1

Chapter 13

Subsection 29

■ PART II: HOMELANDS

Introduction: Self-governing territories and independent homelands

The major pieces of legislation governing both the ‘independent homelands’ and the self-governing states were the National States Constitution Act 21 of 1971 and the National States Citizenship Act No 26 of 1970. (Both of these Acts were repealed by Schedule 7 of the Constitution of the Republic of South Africa Act No 200 of 1993.)

The legislative powers of the self-governing territories were contained in section 30(1) of the National States Constitution Act 21 of 1971. Any national state which was self-governing was entitled to ask for full independence from the Republic.

The Act made provision for three stages of autonomy: Homelands could progress from territorial authority status, in which no legislative power was conferred to the territory, to responsible government (the second stage) to self-government (the third stage).

The final stage of full independence was catered for in the National States Citizenship Act 26 of 1970. This Act provided for the establishment of ten so-called homelands to which eventually all black South Africans were to belong as citizens according to their ethnic, linguistic and cultural affiliation. This policy of denationalisation may be traced back to even before the National Party came to power in 1948.

Self-governing national states had their own symbols of state such as a national flag, anthem, and official language. Their legislation could repeal or amend any law listed in Schedule 1 of Act 21 of 1971, including Acts of the South African Parliament dealing with such matters.

No new South African law relating to Schedule 1 matters was applicable once the territory had become self-governing. This included Acts of Parliament but excluded laws made by the State President or any section 6(2)(a)(ii) or (iii) Act or ordinance. South African laws remained fully applicable in matters not listed in Schedule 1.

The constitutions of the homelands were based solidly on the South African Constitution. The president was elected by the National Assembly. The Constitution expressly provided that the president of a homeland possessed the same powers by virtue of prerogative as the South African President possessed at the time when the Constitution came into operation, and the conventions applicable in South African law continued to apply.

The legislature of the self-governing territory was composed of the president and the National Assembly. The latter body was not wholly elected: half the members were elected and the rest were traditional headmen and chiefs.

In each of the independent homelands, government-paid, nominated chiefs formed at least half of the parliament and dominated the various cabinets. They wielded inordinate power over the people under their jurisdiction and were one of the key methods of control. This in itself was a substantial restraint on democratic opposition to the system; consent was engineered through the chiefs and an armoury of security laws backed by the police, who earned a reputation for heavy-handedness.

The homelands’ claim of ‘independence’ from South Africa was generally ridiculed. On the surface, all the trappings of a sovereign state were there: parliament, government and judiciary, even military forces and diplomatic missions, though ambassadors were exchanged only with the other independent homelands and with the Republic of South Africa. In reality, however, all were totally subservient to Pretoria. This was quite obvious in the economic sphere - the homelands formed a monetary and customs union with South Africa.