Following government statements a year ago admitting the failure of its influx control policy to halt the flow of African people coming to live in the urban areas outside the bantustans, it was announced in April that influx control would be abandoned and a policy of 'orderly urbanisation' introduced.
The new legislation is the culmination of a series of changes to existing laws made since the Riekert Commission of Inquiry reported in 1979 that the presence of Africans outside the bantustans could no longer be considered a temporary phenomenon. (For details of past legislation see IDAF Briefing Paper No.13, September 1984; FOCUS 59 p.7)
Pending legislation, the government announced that 'influx control laws' had been suspended. However, this did not include the trespass laws which have always been a major instrument of influx control. For example, in 1985 87,555 people were charged with trespass. In the first month of the moratorium on the pass laws 1,500 African people were arrested for trespass. (ICT 11.4.86; Star 21.5.86)
From 23 April people imprisoned for offences under the pass laws began to be released. However, the number of people convicted for pass offences has declined significantly since the beginning of the year. A total of 188 people were freed. (BBC 29.4.86) There were no reports of the release of those convicted under the pass laws and working as farm labourers for the duration of their sentences (legally described as 'parolees'). (See 'Akin to Slavery', IDAF Fact Paper No 11, 1982)
The new policy will shift more responsibility to local authorities for the control of movement of African people. It is contained in three bills tabled in Parliament in May, covering housing, property rights and identification. Under the new laws African rights of residence in urban areas outside the bantustans will depend solely on the occupation of an approved building or site.
The legislation applies to all people living outside the so-called 'independent' bantustans and repeals a number of laws applicable exclusively to Africans. However, the central role of land and housing in directing the urbanisation process means that it is mainly African people who will be affected, since the areas which they have been allocated in terms of apartheid policy are drastically overcrowded.
The shortage of housing for Africans is officially estimated at 420,000 units outside the bantustans, 134,000 in the bantustans and 15,000 in areas destined for the bantustans. In these circumstances lack of accommodation in designated townships could force African people out of the major urban centres – even without the restrictions of influx control laws – and into townships due for incorporation into the bantustans, where more provisions exist. (Star 5.5.86)
The Abolition of Influx Control Bill is largely concerned with the tightening up of present laws on 'squatting', which is defined as settlement on land not designated for habitation or not designated for the 'population group' concerned. Existing powers to demolish 'squatter' homes will be retained. The new legislation involves greatly increased penalties for both landowners and 'squatters' – conferring its terms: owners who permit the erection of buildings not approved by the local authority on their land will be fined R2,000 (a four-fold increase), while a person who settles on land without the owner's permission will incur a R1,000 fine (increased from R200). (BBC 13.5.86)
The Bill also empowers the Minister of Constitutional Development and Planning to act against landowners and 'squatters' where, among other circumstances, he considers that conditions constitute a health hazard or where 'for any other reason it is not in the public interest that persons should congregate or settle' on a particular area of land. At the same time housing requirements will be relaxed in areas designated by the Minister for legal settlement by people unable to find other accommodation. (FM 16.5.86)
The Abolition of Influx Control Bill repeals several acts, including the Black (Urban Areas) Consolidation Act of 1945, covering the movement of Africans outside the bantustan areas. Section 10 contains the crucial qualifications for urban residence as well as the conditions for the employment of Africans; Section 29 allows for the arrest of African people considered 'idle' and 'undesirable', and Section 31 imposes curfews on Africans in 'white' areas. Also to be repealed is the Black Labour Act of 1964, which regulates the recruitment, employment, housing and other conditions of African employees and provides for Aid Centres where people whose passes are not in order may also be dealt with.
In place of the old pass book (Reference Book) a new identity document, applicable to all people who have not been assigned 'citizenship' of the so-called 'independent' bantustans, will be introduced in terms of the Identification Bill. The document will contain particulars from the Population Register stipulated by the Minister of Home Affairs (it was not clear whether this would include race classification details). It will not be compulsory to carry the document at all times, but an authorised officer may demand identity details 'without delay'. The penalty for being unable to identify oneself – R500 or six months' jail – is greater than that for failing to produce a pass. (WM 25.4.86)
The fate of Africans who have been assigned 'citizenship' of the so-called 'independent' bantustans is not clear, as they are excluded from the new legislation and their movement is therefore governed solely by immigration laws. The President announced that he would be discussing their situation with bantustan leaders. There are an estimated 3.8 million 'citizens' of these bantustans in other parts of South Africa, out of a population of nine million.
A number of these so-called 'citizens' have urban residence rights outside the bantustans under Section 10 of the Black (Urban Areas) Consolidation Act through 'qualifying' with a 10 or 15-year period of employment in a particular urban area. In terms of a third bill, the Black Communities Development Amendment Bill, these people and all other Africans outside the bantustans may own freehold property anywhere within the areas designated for their settlement. (BBC 15.5.86)
Government plans for the 'spread' of urbanisation through the country follow the lines of previous decentralisation policy, with 'shortages' of land and housing created in the metropolitan core areas while industry continues to be promoted in areas near and inside the bantustans through the provision of financial incentives. (Star 26.4.86)
