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Pre-Union colonial and Boer republican legislation

Literature › Primary sources

Kind legislation gazette
Producer Colonial and republican legislatures
Coverage 1797-1909
Works using it 22

Debates

Debate Works
Pre-Union colonial economy, the mineral revolution and the South African War 11
The mine migrant labour system: origins, recruitment, foreign labour and stabilisation 6
Agrarian transition to capitalism and the fate of the African peasantry 4
Cheap labour thesis and the function of the reserves 4
The job colour bar, white labour and its erosion 4
Historiographical approaches 3
Liberal vs revisionist: was apartheid functional or dysfunctional for capitalist growth? 3
Urban segregation, Group Areas and the apartheid city 3
The state and capital: instrumentalism, autonomy and fractions of capital 3
Influx control, pass laws and African urbanisation 2
Census, race classification and demographic data 1
Coloured Labour Preference policy in the Western Cape 1
Origins, coherence and ideology of apartheid and Afrikaner nationalism 1
Resistance and liberation movements 1
Black trade unions: growth, wage effects, Wiehahn and strategy 1
Living standards, health and social policy 1

Works using this source

Work As cited Period How used
Brookes (1924) Legislation and proclamations (Natal Laws 11/1864, 28/1865, 26/1875, 19/1891; Transvaal Law 4 of 1885; Glen Grey Act 25/1894; Natives' Land Act 27/1913; Native Affairs Act 23/1920; Native Disputes Bill 1912) 1849-1920 Analysed to describe tenure, exemption, franchise, land segregation, and Native Law recognition.
Budeli et al. (2008) Industrial Disputes Prevention Act 20 of 1909 and Railway Regulations Act 13 of 1908 1908-1909 Used to show the first strike ban and the first general labour-relations statute, with its notice, conciliation and moratorium provisions.
Harries (1986) Transvaal pass laws of 1895 and 1896 1895-1896 The reviewer treats them as measures drawn up by the magnates to depress black wages, in opposition to Jeeves's reading of them as influx control.
Harries (1987) Natal legislation: Ordinances 2 and 4 of 1855, Laws 13 of 1859, 15 of 1871, 41 and 48 of 1884, 52 of 1886, Immigration Notice no. 1 of 1876, NGG notices 1855-1886 Establishes the legal framework of labour importation and the successive pass laws.
Houghton and Dagut (1972) Natal Ordinances, Laws and Proclamations vol. I 1843-1870 (Cadiz and Lyon, 1879) 1858-1862 Texts of laws on building societies, free trade in money, the Commercial and Agricultural Bank and friendly societies.
Houghton and Dagut (n.d.) Gold Law of the South African Republic, Law No. 8 of 1885 as amended 1886 1885-1886 Reproduces the clauses on state ownership of minerals, licences and the colour bar.
Indicus (1909) Natal immigration and pass regulations / Transvaal permit system (Supervisor of Asiatics) 1897-1903 Described from the author's own experience of permits and cited as discriminatory immigration restrictions on Indians.
Jeeves (1975a) Transvaal Volksraad laws and resolutions (Law 23 of 1895; resolution of 1896) in Barber translation, and Report of the Superintendent of Natives, ZAR 1897 1895-1899 Documents the 1895 labour-district pass law and the 1896 chiefs' bounty for labourers.
Jeeves (1975b) Laws, Volksraad Resolutions, Proclamations and Government Notices Relating to Natives and Coolies in the Transvaal (Barber et al., transl.); Law 23 of 1895; Proclamation 38 of 1901; Coloured Labourers' Health Ordinance 1905; Report of the Superintendent of Natives of the ZAR 1897 1895-1905 Establishes the pass laws, labour agent regulations, chiefs' bounties and compound health legislation enacted at the mines' behest.
Keegan (1979) Act 42, 1908, Rights of Coloured Persons in Respect of Fixed Property (ORC) 1908 Shown as forerunner of 1913 Natives Land Act anti-squatting clauses.
Keegan (1979) Law No. 4 of 1895 (Orange Free State anti-squatting law) and 1880s anti-squatting legislation 1880s-1895 Shows the settler attempts to limit squatter families and the 1904 non-enforcement.
Kerr (1958) Cape Act No. 24 of 1886 (Criminal Code for the Transkeian Territories) 1886 Example of a successfully enacted criminal code for African territories.
Mabin (1984) Cape Colony Statutes 1856-1892 Masters and Servants Acts, labour legislation and Act 22 of 1867 used for labour control.
Mabin (1986b) Statute Law of Griqualand West (government notices, proclamations, ordinances) 1878-1882 Shows Cape location law proclaimed in Griqualand West after the 1878 rebellion.
Maylam (1995) Mid-nineteenth-century municipal and government regulations (Port Elizabeth 1855; East London 1849, 1857) 1849-1857 Cited via Christopher, Baines and Nel as early local segregationist measures.
Morrell (1990) Colonial legislation: Ordinance 3 of 1849, Law 22 of 1883, Act 47 of 1903, Master and Servants Act, Natives Taxation and Development Act 1925 1849-1925 Establishes the legal powers of magistrates, the grants to agricultural organisations and eviction mechanisms.
Murray (1987) Plakkerswetten (squatter laws) of the Boer republics before 1900 Evidence that settler agitation produced squatter legislation that was largely ineffective until later state intervention.
Parnell and Mabin (1995) Statute Law of the Orange River Colony (OFS 1894 'recognition of townships' law) 1894 (published 1907) Shows the OFS created the first apparatus in southern Africa to control urban form through a townships board.
Parnell and Mabin (1995) Transvaal Ordinance Establishing Municipalities, No. 58 of 1903 1903 Documents municipal powers over unfit buildings and township layout plans that proved hard to enforce.
Sharp and West (1984) Mission Stations and Communal Reserves Act, 1909 1909 Formalised the exclusion of mission reserves from mineral rights, transferred control to the state and imposed a tax on adult males in reserves.
Simkins and Van Heyningen (1989) Births and Deaths Registration Act No. 7 of 1894; Public Health Act 1897; Immigration Restriction Act 1902; urban locations act 1902 1894-1902 Establishes the administrative and legal framework for data collection, public health, and segregation.
Simons (1956) Proclamation 14 of 1872 (Griqualand West diamond pass system) 1872 Shows the pass system in the diamond fields was intended to check diamond theft.
Simons (1956) Proclamation of 1797; Caledon proclamation of 1809; Ordinance No. 50 of 1828 (Cape pass and vagrancy legislation) 1797-1828 Traces the origin of the pass system in security and labour needs.
Simons (1956) Transvaal Republic pass and labour-district laws, 1885-89 1885-1889 Shows the Republican Government enacting pass laws in response to mine managements' demands.
Simons (1956) Voortrekker, Natal (1840) and Transvaal Republic (1849) instructions and laws on African residence and passes 1840-1880s Shows that quotas on African residence on farms and pass controls date from early settler states.
Turrell (1986) Kimberley blasting rules and regulations of 1885 1885 Cited by the reviewer as the origin of the statutory colour bar, earlier than the 1890s Kruger measures.
Van Schoor (1986) Eybers, Select Documents (South African constitutional documents) 1865-1881 Quoted for Basutoland annexation terms, Shepstone's native policy, and the 1865 Natal franchise decision.