TRC Final Report

Volume 1

Chapter 13

Subsection 30

Security Legislation of the Homelands:

It is in the security sphere that the independent homelands demonstrated their willingness and ability to pass and administer legislation to great effect. In legal terms, the four independent homelands had complete sovereignty, with their own police and defence forces to administer laws operative in those areas. The Ciskei government, for example, had the power to implement laws and detain people, even in the case of a family feud, and the Transkei re-imposed a state of emergency in July 1983 with extensive powers not subject to any judicial control.

In the non-independent self-governing territories the security laws were the same as those for the rest of South Africa, but in some cases the control of the police within the territories was transferred to the homeland government. In KwaZulu, for instance, control of the police was transferred in 1983 to the then Minister of Police, Chief Mangosuthu Buthelezi, who was also Chief Minister of the territory.

Notes to the chronology of homelands legislation

Listings related to the independent homelands are given in alphabetical order followed by those of the self-governing homelands, also alphabetically.

With the independent homelands, the focus is on the security legislation, particularly where it differed from that of South Africa. Security matters were, however, also addressed through regulations and proclamations, which proved difficult to trace in many instances. While specific attention is given to emergency regulations, the inventory does not fully cover other security regulations or proclamations.

In the case of the self-governing homelands, all the legislation has been listed since it did not differ significantly from that passed by the South African Parliament. It has proved very difficult to describe this legislation the laws themselves were very difficult to access. Security orders passed by the self-governing territories are not listed here as the chronology focuses only on legislation, not subordinate legislation.

The legislation of the homelands was not all repealed by a single act, but has been and is being repealed piecemeal. As a result, the repeal dates of legislation have not been included here.

BOPHUTHATSWANA

1977 Proclamation R174: (Government Gazette 5716 of 19 August 1977) Laid down certain regulations for the administration of declared security districts in Bophuthatswana (SRR 1977: 331-2).

1977 6 December: Bophuthatswana becomes an independent homeland

1978 Riotous Assemblies Amendment Act Amended the 1956 Riotous Assemblies Act [SA] and made provisions relating to the prohibition of gatherings and the dispersal of unlawful gatherings.

1979 Republic of Bophuthatswana Constitution Further Amendment Act No 21: Provided for the detention of individuals ‘in the interests of national security or public safety’ (s 12(g)). Commenced: 9 March 1979