A ban is a formal or informal prohibition [1] of something. Bans are formed for the prohibition of activities within a certain political territory. Some bans in commerce are referred to as embargoes. Ban is also used as a verb similar in meaning to "to prohibit".
In current English usage, ban is mostly synonymous with prohibition. Historically, Old English (ge)bann is a derivation from the verb bannan "to summon, command, proclaim" from an earlier Common Germanic *bannan "to command, forbid, banish, curse". The modern sense "to prohibit" is influenced by the cognate Old Norse banna "to curse, to prohibit" and also from Old French ban, ultimately a loan from Old Frankish, meaning "outlawry, banishment". [1]
The Indo-European etymology of the Germanic term is from a root *bha- meaning "to speak". Its original meaning was magical, referring to utterances that carried a power to curse.
In many countries political parties or groups are banned. Parties may be banned for many reasons, including extremism and anti-democratic ideologies, [2] on ethnic or religious grounds, [3] and sometimes simply because the group opposes government policies, with the ban sometimes alleging wrongdoing as the cause. [4] Germany, for instance, has a long history behind its modern practice of banning political parties. The Nazi Party was banned in 1923; after the Nazi Party came into power in 1933 opposing parties such as the Social Democrats (SPD) and Communist Party of Germany (KPD) were banned, the Nazi Party was again banned and the ban on other parties lifted after the Nazi defeat in 1945, and the Communist Party was again banned from 1956 to 1968.
There have been many bans on marriages, and sometimes other sexual liaisons, between people of different ethnic background or religion, for example between non-Jews and Jews in Nazi Germany, people classified as "white" and non-whites in apartheid South Africa, etc.
For much of the 1800s and 1900s there were bans on marriage between people of different races (interracial marriage) in many of the United States. However, the ban on interracial marriage was overturned by the Supreme Court of the United States in 1967 in the landmark civil rights case Loving v. Virginia , in which the Court ruled Virginia's miscegenation law an unconstitutional violation of the fundamental right to marriage. Historically child marriage was common, but is now banned in many countries.
The Imperial ban was a form of outlawry in the Holy Roman Empire. At different times, it could be declared by the Holy Roman Emperor, by courts including the League of the Holy Court (German : Vehmgericht, pronounced [ˈfeːmɡəʁɪçt] ) and the Reichskammergericht , or by the Imperial Diet. People under Imperial ban lost all their rights and possessions, and anyone had the right to rob, injure or kill such persons without legal consequences. The Imperial ban automatically followed the excommunication of a person, and extended to anyone offering help to a person under the imperial ban.
During the apartheid régime in South Africa, the National Party government issued banning orders to individuals seen to be threats to its power — often black politicians or organizations — these banning orders acted as suppression orders. Individuals or organisations and critical medias banned by the Suppression of Communism Act, 1950 (which effectively defined "Communism" as opposition to the government) could not communicate with more than one person at any time unless at home (thus preventing them from engaging in political activities), travel to outside a specific magisterial district without government approval. The order had mostly domestic effect with versatile legal formative effects. These were for example: local or supra-regional residence restrictions, the prohibition of public expression of opinion, prohibition of printed publications and prohibition of citation in journalistic or scientific contexts the writings of the affecting persons or the participation of gatherings. Measures of this kind could also be applied to groups of people, organisations (for example the Defence Aid Fund for Southern Africa, 1966) and institutions (for example the Christian Institute, 1977). There were several laws that legalised such actions (Riotous Assemblies Act - 1914 and later 1956, Unlawful Organisations Act - 1960, Suppression of Communism Amendment Act - 1967, Internal Security Act - 1976, 1982, 1986). The General Law Amendment Act, No. 76 of 1962 empowered the Minister of Justice to publish the banned persons in the Government Gazette. Helen Suzman, a liberal member of the South African parliament, defended the right of free assembly and freedom of expression for all citizens in 1986 and pointed to the growing confrontation between the black population and the police. [5] [6]
The banishment of persons, i.e. expulsion from their place of residence, was practised in smaller numbers. Between 1948 and 1967, this affected 156 people. After 1972, this measure was only applied sporadically. [7]
Bans in various jurisdictions on possession of some weapons, smoking, and narcotic drugs are enacted to exert control over the general public.
Walter Max Ulyate Sisulu was a South African anti-apartheid activist and member of the African National Congress (ANC). Between terms as ANC Secretary-General (1949–1954) and ANC Deputy President (1991–1994), he was Accused No.2 in the Rivonia Trial and was incarcerated on Robben Island where he served more than 25 years' imprisonment for his anti-Apartheid revolutionary activism. He had a close partnership with Oliver Tambo and Nelson Mandela, with whom he played a key role in organising the 1952 Defiance Campaign and the establishment of the ANC Youth League and Umkhonto we Sizwe. He was also on the Central Committee of the South African Communist Party.
Immorality Act was the title of two acts of the Parliament of South Africa which prohibited, amongst other things, sexual relations between white people and people of other races. The first Immorality Act, of 1927, prohibited sex outside of marriage between whites and blacks, until amended in 1950 to prohibit sex between whites and all non-whites. The second Immorality Act, of 1957, continued this prohibition and also dealt with many other sex offences. The ban on interracial sex was lifted in 1985, but certain sections of the 1957 act dealing with prostitution remain in force as the "Sexual Offences Act, 1957".
The Suppression of Communism Act, 1950, renamed the Internal Security Act in 1976, was legislation of the national government in apartheid South Africa which formally banned the Communist Party of South Africa and proscribed any party or group subscribing to communism, according to a uniquely broad definition of the term. It was also used as the basis to place individuals under banning orders, and its practical effect was to isolate and silence voices of dissent.
Apartheid was a system of institutionalised racial segregation that existed in South Africa and South West Africa from 1948 to the early 1990s. Apartheid was characterised by an authoritarian political culture based on baasskap, which ensured that South Africa was dominated politically, socially, and economically by the nation's minority white population. In this minoritarian system, there was social stratification and campaigns of marginalization such that white citizens had the highest status, with them being followed by Indians as well as Coloureds and then Black Africans. The economic legacy and social effects of apartheid continue to the present day, particularly inequality.
Ruth Hayman was a lawyer and anti-apartheid campaigner. She was one of the first women in South Africa to qualify as an attorney. Through the Black Sash organisation, Hayman offered free legal advice to many people, usually women, who had approached the Black Sash Advice Centre in Johannesburg, and often appeared herself in court to represent them. She also defended the anti-apartheid activists Walter and Adelaine Hain, parents of the British Cabinet Minister Peter Hain.
Yusuf Mohamed Dadoo OMSG was a South African Communist and an anti-apartheid activist. During his life, he was chair of both the South African Indian Congress and the South African Communist Party, as well as being a major proponent of co-operation between those organisations and the African National Congress. He was a leader of the Defiance Campaign and a defendant at the Treason Trial in 1956. His last days were spent in exile in London, where he is buried at Highgate Cemetery; a few metres away from the Tomb of Karl Marx.
Peter McKenzie Brown was a founding member of the Liberal Party of South Africa and succeeded Alan Paton as its national chairman in 1958.
The system of racial segregation and oppression in South Africa known as apartheid was implemented and enforced by many acts and other laws. This legislation served to institutionalize racial discrimination and the dominance by white people over people of other races. While the bulk of this legislation was enacted after the election of the National Party government in 1948, it was preceded by discriminatory legislation enacted under earlier British and Afrikaner governments. Apartheid is distinguished from segregation in other countries by the systematic way in which it was formalized in law.
Law enforcement in South Africa is primarily the responsibility of the South African Police Service (SAPS), South Africa's national police force. SAPS is responsible for investigating crime and security throughout the country. The "national police force is crucial for the safety of South Africa's citizens" and was established in accordance with the provisions of Section 205 of the Constitution of South Africa.
Internal resistance to apartheid in South Africa originated from several independent sectors of South African society and took forms ranging from social movements and passive resistance to guerrilla warfare. Mass action against the ruling National Party (NP) government, coupled with South Africa's growing international isolation and economic sanctions, were instrumental in leading to negotiations to end apartheid, which began formally in 1990 and ended with South Africa's first multiracial elections under a universal franchise in 1994.
Donald Barkly Molteno, known as Dilizintaba, was a South African parliamentarian, constitutional lawyer, champion of civil rights and a prominent opponent of Apartheid.
Elizabeth Mafekeng was a South African trade union and political leader who fought against the injustices suffered by the working class and against the racial segregation laws imposed by the apartheid system.
Vernon Celliers Berrangé SCOT "Defender of the People" was an eminent South African human rights advocate (QC)
The Witchcraft Suppression Act 3 of 1957 is an act of the Parliament of South Africa that prohibits various activities related to witchcraft, witch smelling or witch-hunting. It is based on the Witchcraft Suppression Act 1895 of the Cape Colony, which was in turn based on the Witchcraft Act 1735 of Great Britain.
Robert Resha was a South African journalist and political dissident. He served in the African National Congress as a member of the Youth League and the National Executive Committee.
The Internal Security Act, 1982 was an act of the Parliament of South Africa that consolidated and replaced various earlier pieces of security legislation, including the Suppression of Communism Act, 1950, parts of the Riotous Assemblies Act, 1956, the Unlawful Organizations Act, 1960 and the Terrorism Act, 1967. It gave the apartheid government broad powers to ban or restrict organisations, publications, people and public gatherings, and to detain people without trial. The Act was passed as a consequence of the recommendations of the Rabie Commission, which had enquired into the state of security legislation.
Emil Solomon “Solly” Sachs was a South African trade unionist and an anti-apartheid activist.
Bettie du Toit OLS was a trade unionist and anti-apartheid activist in South Africa.
Alcott Skwenene 'Skei' Gwentshe was a shopkeeper, musician and political activist who helped establish an African National Congress Youth League (ANCYL) branch in East London. He was among the political activists banished under the Native Administration Act of the South African Apartheid government.
The dictionary definition of ban at Wiktionary