In this study an evaluation of the Group Areas Act as a major piece of 'governmental law' is undertaken. The Act (originally introduced in 1950) is a prime example of what may be termed governmental law because it constitutes the centre-piece of a comprehensive legislative and administrative regime aimed at implementing political objectives of a far-reaching and long-term nature. The system of group areas is widely recognised as a cornerstone of the policy of apartheid (racial segregation) pursued by the South African government. The main purpose of group areas legislation, which explains its complexity and essential characteristics, is to bring about the territorial segregation of the racial groups defined in the Act. Existing legal publications which deal with group areas in a comprehensive way generally cover only the 'black letter' aspects of the law involved and are presently outdated in certain important respects. In the present study (which covers the period up to the end of 1986) the 'black letter' legal aspects are also analysed in fair detail, but the system of group areas is further evaluated thematically and critically from the perspective of constitutional and administrative law, and also with reference to issues in the fields of jurisprudence, the interpretation of statutes and the interaction between public and private law. Thus, the cardinal role played by the wide discretionary powers and specific policies (such as selective non-enforcement) of the executive branch of government is discussed and evaluated with reference to doctrines such as the Rule of Law, and the concern in administrative law relating to the confining, structuring and checking of discretionary administrative powers. An extensive analysis of judicial attitudes and approaches in group areas cases is undertaken and these are related to the aspects of the doctrine of legal positivism. In respect of judicial attitudes, the conclusion is reached that the Supreme Court, and in particular the Appellate Division, failed in its duty to serve as buttress between the citizen and draconian government powers, and in certain key decisions actually indulged in what may be termed 'apartheid thinking'.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:uct/oai:localhost:11427/35429 |
| Date | 07 December 2021 |
| Creators | Schoombee, Johannes Theodorus |
| Contributors | Dean, Barry |
| Publisher | Not Specified, Not Specified |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Doctoral Thesis, Doctoral, LLD |
| Format | application/pdf |
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