A country, much like the individuals that live in it, needs to frequently take stock of where it is, where it came from, and where it’s headed. With a new government put in place, it seems a more fitting time than ever to dig a little deeper into those laws and statutes that govern the way in which we, dear South Africans, live our lives.
While the Government of National Unit (GNU) is doing a lot of heavy lifting on the surface of our country, another team of specialists is mining quite a bit deeper, this is of course the team, under guidance of Professor Shannon Hoctor, the respected legal academic in criminal justice, and in substantive criminal law currently investigating a wide range of Colonial and Apartheid Era Legislation. South Africa’s legal landscape is still marred by remnants of Colonial and Apartheid-era laws—statutes that are relics of a past characterised by oppression, discrimination, and division. These outdated laws not only conflict with the principles of our modern democracy and constitution, but also serve as constant reminders of a darker time in our history. The persistence of these statutes in our legal system is troubling, especially considering how far we have come as a nation.
Discussion paper 162, broadly relates to specific Acts impacting expressive rights, Investigatory bodies, public order legislation and Sunday observance laws introduced in this the investigation. These outdated legislative remnants, opens with the very apt words of Judge Johann van der Westhuizen, who in 2015 stated from the bench of the Constitutional Court:
“It is rather odd that – 20 years into our constitutional democracy – we are left with a statute book cluttered by laws surviving from a bygone era remembered for the oppression of people; the suppression of freedom; discrimination; division; attempts to break up our country; and military dictatorship… ”
Judge van der Westhuizen’s sentiments are exactly why every South African who appreciates the liberties entrusted to us under our constitution, who is at all able, should form part of the review of laws stemming from a previous era. While it is understandable that the remnants of previous systems were always going to take time to get rid of, it is deeply concerning that laws designed to enforce religious and racial discrimination are still in effect today. Some of the laws still on the books are not only outdated but also discriminatory, reflecting values that have no place in our modern society. For example the Sunday Observance Ordinance, 1838 (Ordinance No. 1 of 22 March 1838) of the Cape of Good Hope, for instance, wishes to ensure due and better observance of the Lord’s Day and Sabbath. Of course everyone should be free to believe what they wish, and in so far as they do not disturb the freedom of others, they should practice their faith as they see fit – but is there still room in our standing legislation for governance of how a Sunday should be spent?
Even more troubling is the Riotous Assemblies Act 17 of 1956, which bears the long title:
To consolidate laws relating to riotous assemblies and the prohibition of the endangering of feelings of hostility between Europeans and non-European inhabitants of the Republic and matters incidental thereto, and the laws relating to certain offences.
One stands astounded at this piece of still active legislation. A relic of the past which reminds the reader of how far we’ve come, but surely not something under which any South African citizen wishes to live, or to raise the next generation.
Here we have provided just two of the most obvious examples, examples that jump from the pages of the discussion paper, but many other statutes and laws have clung like nits on a toddler’s hair all the way to 2024. Perhaps its been long enough?
These outdated and discriminatory laws serve no purpose in our future, and your voice is crucial to reform and remove this outdated legislature from our statute books. Join the conversation and make your stance known by participating in our discussion portal here. Together, we can help shape a legal system that truly reflects the values of our democracy.
