Indemnity Act, 1961 | |
---|---|
Parliament of South Africa | |
| |
Citation | Act No. 61 of 1961 |
Enacted by | Parliament of South Africa |
Assented to | 28 June 1961 |
Commenced | 5 July 1961 |
Status: Spent |
The Indemnity Act 61 of 1961 was a law enacted by the apartheid government in South Africa, which protected the government from any legal repercussions of the Sharpeville massacre and other violent events that followed. It prevented the courts from hearing any criminal charges or civil claims against the government, its leaders or its employees for actions taken between 21 March 1960 and 5 July 1961. [1]
The act indemnified the State President, the Cabinet, all members of the civil service, the defence force, the police force, the railways and harbours service, the prison service, and anyone else acting under their direction. It applied to any actions taken, orders given or information published "in good faith" between the specified dates to protect public order, essential services, life or property. [1] [2]
The act was precipitated by 224 civil claims for damages, amounting to approximately £400,000 (R800,000), served against the Minister of Justice in September 1960 by victims of Sharpeville and their relatives. [3] All these claims were nullified by the act. In response to public pressure, the government set up a committee to examine the claims and to recommend ex gratia payments, but few were actually paid out. [4]
The act remains on the statute-books, although any claims to which it would apply would have prescribed (expired). It is also inconsistent with the modern Constitution of South Africa, which guarantees the right of access to the courts. The South African Law Reform Commission has recommended that it should be repealed. [1]
In contract law, an indemnity is a contractual obligation of one party to compensate the loss incurred by another party due to the relevant acts of the indemnitor or any other party. The duty to indemnify is usually, but not always, coextensive with the contractual duty to "hold harmless" or "save harmless". In contrast, a "guarantee" is an obligation of one party to another party to perform the promise of a relevant other party if that other party defaults.
The Riot Act, sometimes called the Riot Act 1714 or the Riot Act 1715, was an act of the Parliament of Great Britain which authorised local authorities to declare any group of 12 or more people to be unlawfully assembled and order them to disperse or face punitive action. The act's full title was "An Act for preventing tumults and riotous assemblies, and for the more speedy and effectual punishing the rioters", and it came into force on 1 August 1715. It was repealed in England and Wales by section 10(2) and Part III of Schedule 3 of the Criminal Law Act 1967. Acts similar to the Riot Act passed into the laws of British colonies in Australia and North America, some of which remain in force today.
The Civil Rights Act of 1964 is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requirements, racial segregation in schools and public accommodations, and employment discrimination. The act "remains one of the most significant legislative achievements in American history".
The Sharpeville massacre occurred on 21 March 1960 at the police station in the township of Sharpeville in the then Transvaal Province of the then Union of South Africa. After demonstrating against anti-black pass laws, a crowd of about 7,000 black protesters went to the police station. Sources disagree as to the behaviour of the crowd: some state that the crowd was peaceful, while others state that the crowd had been hurling stones at the police and that the mood had turned "ugly". The South African Police (SAP) opened fire on the crowd when the crowd started advancing toward the fence around the police station; tear-gas had proved ineffectual. There were 249 victims in total, including 29 children, with 69 people killed and 180 injured. Some were shot in the back as they fled.
United States v. Cruikshank, 92 U.S. 542 (1876), was a landmark decision of the United States Supreme Court ruling that the U.S. Bill of Rights did not limit the power of private actors or state governments despite the adoption of the Fourteenth Amendment. It reversed the federal criminal convictions for the civil rights violations committed in aid of anti-Reconstruction murders. Decided during the Reconstruction Era, the case represented a major defeat for federal efforts to protect the civil rights of African Americans.
Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial. This article describes the development of legal aid and its principles, primarily as known in Europe, the Commonwealth of Nations and in the United States.
Distraint or distress is "the seizure of someone’s property in order to obtain payment of rent or other money owed", especially in common law countries. Distraint is the act or process "whereby a person, traditionally even without prior court approval, seizes the personal property of another located upon the distrainor's land in satisfaction of a claim, as a pledge for performance of a duty, or in reparation of an injury." Distraint typically involves the seizure of goods (chattels) belonging to the tenant by the landlord to sell the goods for the payment of the rent. In the past, distress was often carried out without court approval. Today, some kind of court action is usually required, the main exception being certain tax authorities – such as HM Revenue and Customs in the United Kingdom and the Internal Revenue Service in the United States – and other agencies that retain the legal power to levy assets without a court order.
The International Day for the Elimination of Racial Discrimination is observed annually on 21 March since declared by the United Nations in 1966. In South Africa, the country in which the event took place that gave rise to the observance, the Sharpeville Massacre, the day is commemorated as Human Rights Day, and is a public holiday.
In legal terms, an Act of Indemnity is a statute passed to protect people who have committed some illegal act which would otherwise cause them to be subjected to legal penalties. International treaties may contain articles that bind states to abide by similar terms which may involve the parties to the treaty passing domestic legislation to implement the indemnity laid out in the treaty.
In South Africa under apartheid, and South West Africa, pass laws served as an internal passport system designed to racially segregate the population, restrict movement of individuals, and allocate low-wage migrant labor. Also known as the natives' law, these laws severely restricted the movements of Black South African and other racial groups by confining them to designated areas. Initially applied to African men, attempts to enforce pass laws on women in the 1910s and 1950s sparked significant protests. Pass laws remained a key aspect of the country's apartheid system until their effective termination in 1986. The pass document used to enforce these laws was derogatorily referred to as the dompas.
Hendrik Jacobus Coetsee, known as Kobie Coetsee, was a South African lawyer, National Party politician and administrator as well as a negotiator during the country's transition to universal democracy.
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.
The Legal Services Act 2007 is an Act of the Parliament of the United Kingdom that seeks to liberalise and regulate the market for legal services in England and Wales, to encourage more competition and to provide a new route for consumer complaints. It also makes provisions about the Legal Profession and Legal Aid (Scotland) Act 2007.
The Courts and Legal Services Act 1990 was an Act of the Parliament of the United Kingdom that reformed the legal profession and courts of England and Wales. The Act was the culmination of a series of reports and reforms that started with the Benson Commission in the 1970s, and significantly changed the way that the legal profession and court system worked.
The publishing of any "blasphemous libel" was a crime in New Zealand under Section 123 of the Crimes Act 1961 which allowed for imprisonment for up to one year. However, Section 123 protected all publications and opinions on any religious subject expressed in good faith and decent language against prosecution and specified that prosecution may proceed only with the leave of the attorney-general.
The Queensland Council for Civil Liberties (QCCL) is a voluntary organisation in Australia concerned with the protection of individual rights and civil liberties. It was founded in 1966 in order "to protect and promote the human rights and freedoms of Queensland citizens." The QCCL is regularly asked by the Government to make submissions to committees, which is how bills are made in Parliament. These submissions cover issues such as closed circuit television, abortion law reform, sentencing issues in our court system and changes to legislation already in place, which are called amendments.
Kenya's Truth, Justice and Reconciliation Commission (TJRC) was established in 2008. Kenya's modern history has been marked not only by liberation struggles but also by ethnic conflicts, semi-despotic regimes, marginalization and political violence, including the 1982 attempted coup d'état, the Shifta War, and the 2007 post-election violence.
The Unlawful Organizations Act No 34 of 1960 allowed the apartheid government of South Africa to declare unlawful any organizations deemed to threaten public order or the safety of the public. This legislation was enacted within a few weeks of 1960's Sharpeville Massacre. The African National Congress (ANC) and Pan Africanist Congress (PAC) were immediately declared unlawful. Nelson Mandela recorded in his autobiography, "We were now, all of us, outlaws". The Indemnity Act that followed legislatively indemnified supporters of the apartheid regime from any wrongdoing connected to the massacre.
The Promotion of Administrative Justice Act (PAJA) is an important piece of South African legislation, and the cornerstone of administrative law in South Africa.