A Cape Town resident has contested the right of the apartheid state to prevent an African from living with his wife and family in an urban area.
In a civil action, Mr Veli Willie Komani (56) of Guguletu, challenged the decision of the Peninsula Administration Board in denying a permit to his wife to live permanently with him in Cape Town.
Mrs Komani entered the urban area in May 1974 with a permit to visit her husband, which was extended three times until 1975 when the Bantu Administration Board refused to renew it again. According to influx control legislation Mr. Komani is qualified to reside in the urban area under Section 10 (1) (a) and (b) of the Urban Areas Act. His wife, however, is not so qualified by birth or long residence and since 1964 women have been effectively prevented from qualifying by virtue of marriage to a qualified person.
In his action, Mr Komani contends that the Board cannot refuse his wife permission to stay, because she entered the area lawfully.
The legislation is designed to reduce the urban black population and enforce the migrant labour system. Its effect is to split families. (CT 16.8.78) It is partly because of this legislation that Crossroads and other squatter camps have been established.
