Abstract

Legalized control over land use and ownership among different race groups, culminating in the Group Areas Act of 1950, is reviewed historically. The Parliamentary passage of the enabling Bill is summarized. Implementation of the racially discriminatory Act over three decades has meant costly financial, social and psychological dislocation of over half a million people, mostly coloureds and Indians. Owing to its sweeping powers buttressed by frequent amendments to the Act, the government department responsible for guarding urban racial segregation has been largely immune to Parliamentary, popular and legal challenges. The state has posed as agent of slum upgrading and moderator of racial conflict, but its actions speak more of disruption and the politicization of law and rights. The courts have played a very restricted role in adjudication of racially discriminatory legislation.

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