By Due Process of Law?: Racial Discrimination and the Right by Ian Loveland

By Ian Loveland

The South African case of Harris v. (Donges) Ministers of the inner was once prompted through the South African government's try within the 1950's to disenfrachise non-white citizens on th cape province. it truly is nonetheless known as the case that illustrates, as a question of constitutionsl doctrine, it isn't attainable for the uk Parliament to supply a staute which limits the powers of seccussive Parliaments. the aim of this booklet is twofold. First it deals a fuller photograph of the tale mendacity in the back of the Harris litigation, and the method of British acquisition of and dis-engagement from the govt of its 'white' colonies in southern Africa. perception into the enfuing emegence and consolidation of apartheid as a process of political and social association is additionally won. Secondly, the e-book makes an attempt to take advantage of the South African adventure to deal with broader modern British issues concerning the nature of the structure and the position of the courts and legislature in making the structure paintings. The Harris saga conveys greater than any episode of British political heritage the big value of the alternatives a rustic makes (or fails to make) while it embarks upon the duty of making or revising its constitutional preparations. This, then, is a looking out re-assessment of the basics of constitution-making, written within the gentle of the British government's dedication to selling whole-sale reform.

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Potter, The Press as Opposition (London: Chatto and Windus, 1975), pp. 31–33. 41 Thompson (1995), n. 1 above, pp. 60–62. 42 Marquard, n. 1 above, p. 101. (B) Loveland Ch1 18/2/99 12:23 pm Page 13 The Consolidation and Fragmentation of British Rule 1806–1880 13 That all residents were now permitted to own land in the Cape was not of much immediate benefit to any non-whites, given that so few of them had the resources with which to purchase it. Nonetheless a substantial portion of the Cape Coloured community was soon to be sufficiently affluent to be able to exercise its rights in this respect.

43 The more immediately significant impact of the Ordinance was felt in the labour market. The new law placed all races on a footing of formal equality in the negotiation of employment contracts. In consequence, the identifiable vestiges of the Khoikoi and the many Cape Coloureds who had been trapped in grossly exploitative employment relationships with white settlers became free to seek employment wherever they wished within the Cape, and thereby gained the means to become landowners in the longer term.

The ordinance required publishers to lodge a sum of £300 as a surety against future libel liabilities. Having done so, their legal position was analogous to that enjoyed by their English counterparts; no prior restraints would be exercised on the contents of their newspapers, but they ran the risk of suffering post-publication liability for any defamatory, blasphemous or criminal material that they might publish. The Press Ordinance encouraged further growth in the Cape’s newspaper industry. A Dutch language paper—De Zud Afrikaan— was established in 1830.

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