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Paul Weinberg Image source Forced removals refer to the moving of people from their homes against their will. This may not always involve physical threat or force, but sometimes coercion or other tactics against which the evictees are not in a position to challenge are employed [i]. Examples of the types of tactics used to move people against their will from their homes will be illustrated further below. South Africa has experienced a long history of forcible removal of people as the result of racist legislation.
Earlier discriminatory laws were often used as platforms for building new ones during the apartheid era, [ii] so to understand those which famously occurred under the Group Areas Act and heavily influence urban landscapes today , it is important to consider the legislation preceding that which occurred under apartheid rule. It is also worth noting that economic conditions in South Africa today have seen forced removals continue across the country. Segregation existed long before apartheid was implemented and was already instituted by colonial authorities through various urban planning efforts.
While the dispossession of indigenous people during the time of early European settlement differed in nature to forced removals under the Group Areas Act, a similarity is reflected in the entrenched attitudes of those in power many centuries later, resulting in large-scale forced removals throughout the country. Examples include the series of acts promulgated in the early s in order to restrict the freedom of Asian South Africans who saw their rights to trade within the areas referred to as Asiatic Bazaars removed, as legislation became more and more discriminatory toward them.
Other attempts to legally segregate the populace by ethnic distinction included a long list of discriminatory laws that can be traced back as far as the nineteenth century. Legislation such as the Native Affairs Act, the Class Areas Bill, the Slums Act and many more, led up to the eventual enforcement of separate ‘Group Areas’ from onward, resulting in mass evictions and forced removals. A good example of one of the ways that legislation forced people unjustly from their homes is the anti-squatting legislation in and Driven by White farmers to fulfil needs for cheap labour, they successfully lobbied for legislation.
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The reasons are historical. In the mid-seventeenth century, Dutch settlers began to occupy the part of South Africa now known as the Western Cape. South African law reflects this history of successive colonial governance.
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Section of the Constitution addresses the various circumstances in which international agreements or treaties are applicable in South Africa. This provision provides that as a general rule, a n international treaty that has been ratified and approved by the National Parliament, becomes locally enforceable by the courts as part of domestic law when it is transformed or incorporated into local law. Both transformation and incorporation are legislative measures, meaning that they involve the adoption of local legislation to give effect to the treaty in question.
In the event of incorporation, the local legislation simply adopts the treaty in toto as being applicable as domestic law. Interestingly, section 4 specifies that a self-executing provision of an international agreement is applicable without transformation or incorporation, if it is approved by parliament and consistent with the Constitution. Some scholars have argued that the vagueness of what is meant by a self-executing provision may provoke debate.
Customary international law refers to rules that are developed as the result of consistent widespread state practice, which practice is viewed as legally binding by those states. In addition, section of the Constitution obliges every court when interpreting legislation to prefer any reasonable interpretation of the legislation which is consistent with international law over any interpretation which is not.