Separate Amenities Act Essay Time


Be it enacted by the Queen’s Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows:―

“public premises” includes any land, enclosure, building, structure, hall, room, office or convenience to which the public has access, whether on the payment of an admission fee or not but does not include a public road or street;

“public vehicle” includes any train, tram, bus, vessel or aircraft used for the conveyance for reward or otherwise of members of the public.

2. (1) Any person who is in charge of or has control of any public premises or any public vehicle, whether as owner or lessee or whether by virtue of his office or otherwise, or any person acting under his control or direction may, whenever he deems it expedient and in such manner or by such means as he may consider most convenient for the purpose of informing all persons concerned, set apart or reserve such premises or such vehicle or any portion of such premises or such vehicle or any counter, bench, seat or other amenity or contrivance in or on such premises or vehicle, for the exclusive use of persons belonging to a particular race or class.

(2) Any person who wilfully enters or uses any public premises or public vehicle or any portion thereof or any counter, bench, seat or other amenity or contrivance which has in terms of sub-section (1) been set apart or reserved for the exclusive use of persons belonging to a particular race or class, being a race or class to which he does not belong, shall be guilty of an offence and liable on conviction to a fine not exceeding fifty pounds or to imprisonment for a period not exceeding three months, or to both such fine and such imprisonment.

(3) If in any prosecution under sub-section (2) it is proved that a notice in both official languages announcing that any public premises or any public vehicle or any portion thereof or any counter, bench, seat or other amenity or contrivance has been set aside or reserved for the exclusive use of persons belonging to at particular race or class, appears at, in or on such premises or vehicle or portion thereof or such counter, bench, seat or other amenity or contrivance, it shall be presumed, unless the contrary is proved, that such setting aside or reservation was made under due and proper authority in accordance with the provisions of sub-section (1).

(4) Nothing in this section contained shall affect the provisions of the Railways and Harbours Regulation, Control, and Management Act, 1916 (Act No. 22 of 1916), or any other law which provides for the setting aside or reservation of any public premises or public vehicle or any portion thereof or any counter, bench, seat or other amenity or contrivance for the exclusive use of persons belonging to a particular race or class.

3. Whenever any person or authority has under and by virtue of the provisions of section two or any other law, at any time before or after the date of commencement of this Act, set apart, demarcated or reserved any public premises or any public vehicle or any portion thereof or any counter, bench, seat or other amenity or contrivance in or on any public premises or public vehicle, for the exclusive use of persons belonging to a particular race or class, such setting apart, demarcation or reservation shall not be invalid on the ground merely that—

4. No setting apart, demarcation or reservation under section two or any other law of any public premises or public vehicle or portion thereof or any counter, bench, seat or other amenity or contrivance in or on such premises or vehicle, shall operate to exclude from such premises, vehicle or portion thereof or such counter, bench, seat or other amenity or contrivance any person who—

5. This Act shall be called the Reservation of Separate Amenities Act, 1953.

(a)

no such premises or vehicle or portion thereof or no such counter, bench, seat or other amenity or contrivance as the case may be, has similarly been set apart, demarcated or reserved for the exclusive use of persons belonging to any other race or class; or

(b)

any such premises or vehicle or portion thereof or any such counter, bench, seat or other amenity or contrivance, as the case may be, similarly set apart, demarcated or reserved for the use of persons belonging to any other race or class, is not substantially similar to or of the same character, standard, extent or quality as the premises, vehicle or portion thereof or the counter, bench, seat or other amenity or contrivance, as the case may be, set apart, demarcated or reserved as aforesaid.

(a)

is a representative in the Union of a foreign government or a member of his family; or

(b)

is a national of a foreign country travelling within or through the Union on official business; and

(c)

is in possession of a certificate issued to him by or under the authority of the Secretary for External Affairs for the purposes of this section.

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South Africa Repeals Major Apartheid Law : Reform: The Separate Amenities Act was used to segregate facilities ranging from restaurants to libraries.

Jan Hoon of the pro-apartheid Conservative Party opposed repeal of the measure, saying it is another step down the road to black rule.

In major cities such as Johannesburg, Cape Town and Durban, public facilities have been integrated for years. But in hundreds of smaller towns and villages, there have been no public facilities for blacks or vastly inferior segregated ones.

The Separate Amenities Act does not affect neighborhoods and schools, the main institutions still segregated under the government's apartheid laws.

In Parliament in Cape Town, De Klerk's ruling National Party and the anti-apartheid Democratic Party outvoted the Conservative Party to scrap the law, 105 to 38. The mixed-race and Indian chambers of Parliament voted unanimously for repeal. The country's 28 million blacks have no voice in national affairs.

De Klerk promised in February to scrap the Separate Amenities Act. He says he wants to end racial discrimination and negotiate a new constitution that will bring blacks into the national government.

However, he opposes a one-man, one-vote, majority-rule system, saying it would replace white domination with black domination. The president envisions a mechanism that would give whites veto power on major policy decisions.

De Klerk has promised that next year the government will amend the Group Areas Act that segregates neighborhoods by race. He opposes full repeal of the measure and appears to favor a system that would allow some neighborhoods to be integrated and others to remain segregated.

The government has given no indication that it plans to integrate public schools, although many private schools are multiracial.

Since taking office in September, De Klerk has legalized dozens of black opposition groups, permitted peaceful protests, freed scores of political prisoners, suspended the death penalty and ended segregation on beaches and in hospitals.

Meanwhile, police offered a $19,000 reward Tuesday for the arrest of a right-wing leader who released a videotape in which he declared war on the government and vowed to overthrow De Klerk.

Piet Rudolph, deputy leader of the extreme right-wing Boer State Party, was sought by police in connection with a 20-minute videotape mailed to a radio station and a newspaper in Johannesburg.

"There is no time to plan a counterrevolution. It is now open war," Rudolph said in the videotape, in which he was surrounded by four masked men armed with machine guns. "We will use every means at our disposal to fight the De Klerk government, the overthrow of which is the highest priority to us."

NEXT STEP

President Frederik W. de Klerk, committed to the dismantling of apartheid, has promised to amend next year the Group Areas Act that segregates neighborhoods by race. He appears to favor a system that would allow some neighborhoods to be integrated and others to remain segregated. Talks between the government and anti-apartheid leaders will deal with this question as well as segregated schools, laws reserving most land for whites, official classification of people by race and the lack of a voice for blacks in national affairs.

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