Unlawful Organizations Act, 1960

Last updated

Unlawful Organizations Act, 1960
Coat of Arms of South Africa (1932-2000).svg
Parliament of South Africa
  • Act to empower the Governor-General, with a view to the safety of the public or the maintenance of public order, by proclamation in the Gazette to declare the Pan Africanist Congress and the African National Congress and certain other organizations to be unlawful organizations, to amend the Riotous Assemblies Act, 1956, and to provide for other incidental matters.
CitationAct No. 34 of 1960
Enacted by Parliament of South Africa
Royal assent 7 April 1960
Commenced7 April 1960
Repealed2 July 1982
Administered by Minister of Justice
Repealed by
Internal Security Act, 1982
Related legislation
Suppression of Communism Act, 1950
Status: Repealed

The Unlawful Organizations Act No 34 of 1960 (commenced 7 April 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, and the Indemnity Act that followed legislatively indemnified supporters of the apartheid regime from any wrongdoing connected to the massacre.

Contents

Content of the Act

The following is a brief description of the sections of the Unlawful Organizations Act: [1]

Section 1

Defined that the Pan Africanist Congree and the ANC could be declared an unlawful organisation by the Governor-general, without giving them notice, via a proclamation in the Government Gazette. Defined that any other organisation deemed unlawful organisation by the Governor-general could be banned. Defined that the banning was for twelve months and could extended after that time-period for another twelve months. Defined that the Governor-general could unban an organisation via the Government Gazette.

Section 2

Defines the use of certain sections of Suppression of Communism Act, 1950 to apply to organisations proclaimed as unlawful.

Section 3

Defined that any organisation that was proclaimed as being banned, that proclamation would be reported to parliament within fourteen days or with fourteen days of parliaments recommencement.

Section 4

Defined that section 15 of the Riotous Assemblies Act, 1956, substituted the word "liable" with "“to the penalties prescribed in section two of the Criminal Law Amendment Act, 1953 (Act No. 8 of 1953)” and that is applied from 28 March 1960.

Section 5

Defined that the Act applied in South-West Africa.

Section 6

Defined the name of the Act.

Repeal

The Unlawful Organizations Act was repealed by section 73 of the Internal Security Act, 1982. However, the Internal Security Act contained similar provisions allowing the government to ban organizations. The bans on the ANC, the PAC and other anti-apartheid groups were lifted in 1990 at the start of the negotiations to end apartheid. The Internal Security Act's provisions for banning organizations were finally repealed by the Security Matters Rationalisation Act in 1996.

Related Research Articles

<span class="mw-page-title-main">Sharpeville massacre</span> 1960 South African Police killing of protestors

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.

<span class="mw-page-title-main">Pan Africanist Congress of Azania</span> Political party in South Africa

The Pan Africanist Congress of Azania (known as the Pan Africanist Congress (PAC)) is a South African national liberation Pan-Africanist movement that is now a political party. It was founded by an Africanist group, led by Robert Sobukwe, that broke away from the African National Congress (ANC) in 1959, as the PAC objected to the ANC's "the land belongs to all who live in it both white and black" and also rejected a multiracialist worldview, instead advocating a South Africa based on African nationalism.

<span class="mw-page-title-main">Robert Sobukwe</span> Founding president of the Pan Africanist Congress (1924–1978)

Robert Mangaliso Sobukwe was a South African anti-apartheid revolutionary and founding member of the Pan Africanist Congress (PAC), serving as the first president of the organization.

<span class="mw-page-title-main">Suppression of Communism Act, 1950</span> Legislation

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.

The following lists events that happened during 1960 in South Africa.

The Azanian People's Liberation Army (APLA), formerly known as Poqo, was the military wing of the Pan Africanist Congress, an African nationalist movement in South Africa. In the Xhosa language, the word 'Poqo' means 'pure'.

In South Africa and South West Africa, pass laws were a form of internal passport system designed to segregate the population, manage urbanization and allocate migrant labor. Also known as the natives' law, pass laws severely limited the movements of black African citizens, and other people as well by restricting them to designated areas. Before the 1950s, this legislation largely applied to African men; attempts to apply it to women in the 1910s and 1950s were met with significant protests. Pass laws were one of the dominant features of the country's apartheid system until it was effectively ended in 1986. The pass document used in the enforcement of these laws was pejoratively called the dompas.

<span class="mw-page-title-main">Apartheid</span> South African system of racial separation

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 through minoritarianism by the nation's dominant minority white population. According to this system of social stratification, white citizens had the highest status, followed by Indians and Coloureds, then Black Africans. The economic legacy and social effects of apartheid continue to the present day, particularly inequality.

The Black Consciousness Movement (BCM) was a grassroots anti-Apartheid activist movement that emerged in South Africa in the mid-1960s out of the political vacuum created by the jailing and banning of the African National Congress and Pan Africanist Congress leadership after the Sharpeville Massacre in 1960. The BCM represented a social movement for political consciousness.

[Black Consciousness'] origins were deeply rooted in Christianity. In 1966, the Anglican Church under the incumbent, Archbishop Robert Selby Taylor, convened a meeting which later on led to the foundation of the University Christian Movement (UCM). This was to become the vehicle for Black Consciousness.

<span class="mw-page-title-main">Law enforcement in South Africa</span> Overview of law enforcement in South Africa

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.

The colonial history of Southern Rhodesia is considered to be a time period from the British government's establishment of the government of Southern Rhodesia on 1 October 1923, to Prime Minister Ian Smith's unilateral declaration of independence in 1965. The territory of 'Southern Rhodesia' was originally referred to as 'South Zambezia' but the name 'Rhodesia' came into use in 1895. The designation 'Southern' was adopted in 1901 and dropped from normal usage in 1964 on the break-up of the Federation of Rhodesia and Nyasaland, and Rhodesia became the name of the country until the creation of Zimbabwe Rhodesia in 1979. Legally, from the British perspective, the name Southern Rhodesia continued to be used until 18 April 1980, when the name Republic of Zimbabwe was formally proclaimed.

<span class="mw-page-title-main">Internal resistance to apartheid</span> 1950–1994 social movement in 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.

This article covers the history of the Pan Africanist Congress of Azania, once a South African liberation movement and now a minor political party.

<span class="mw-page-title-main">General Law Amendment Act, 1963</span>

The General Law Amendment Act, number 37 of 1963, commonly known as the 90-Day Detention Law, allowed a South African police officer to detain without warrant a person suspected of a politically motivated crime for up to 90 days without access to a lawyer. When used in practice, suspects were re-detained for another 90-day period immediately after release.

<span class="mw-page-title-main">Native Administration Act, 1927</span>

According to the Native Administration Act, 1927, the Governor-General of South Africa could "banish" a 'native' or 'tribe' from one area to another whenever he deemed this 'expedient or in the general public interest'.

<span class="mw-page-title-main">Public Safety Act, 1953</span>

In 1953, the Public Safety Act was enacted by the apartheid South African government. This Act empowered the government to declare stringent states of emergency and increased penalties for protesting against or supporting the repeal of a law.

<span class="mw-page-title-main">Riotous Assemblies Act, 1956</span>

The Riotous Assemblies Act, Act No 17 of 1956 in South Africa prohibited gatherings in open-air public places if the Minister of Justice considered they could endanger the public peace. Banishment was also included as a form of punishment.

<span class="mw-page-title-main">Internal Security Act, 1982</span>

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.

<span class="mw-page-title-main">Clarence Makwetu</span>

Clarence Mlami Makwetu was a South African anti-apartheid activist, politician, and leader of the Pan Africanist Congress of Azania (PAC) during the historic 1994 elections.

Dorothy Nomzansi Nyembe was a South African activist and politician.

References

  1. "Unlawful Organizations Act, Act No 34 of 1960 | South African History Online". www.sahistory.org.za. Retrieved 6 December 2022.