Laws Asiatic Bazaar

A ChronologicalList of Laws and Events Specifically Relevant to the Asiatic Bazaar

(Adapted from PS Joshi's"The Tyranny of Colour"Appendix A)

A.Under Boer Republics and British Colonies

1885Transvaal.Law 3 of 1885

As amended 1887.

1.This law shall apply to the persons belonging to any of the native races of Asia, including the so-called Coolies, Arabs, Malays, and Mohammedan subjects of the Turkish Empire.

2.With regard to the persons mentioned in Article One the following provisions shall apply:-

(a)They cannot obtain the burgher right of the South African Republic (Transvaal).

(b)They cannot be owners of fixed property in the Republic except only in such streets, wards and locations as the Government for purposes of sanitation shall assign to them to live in.

(c)They shall be inscribed in a Register, if they settled with the object of trading.

(d)The government shall have the right for purposes of sanitation, to assign to them certain streets, wards and locations to live in.This provision does not apply to those who live with their employers.

1891Statute Law of the Orange Free State (OFS) prohibited any Arab, Chinaman, coolie or any other Asiatic coloured person from carrying on business or farming in the OFS.All Indian businesses forced to close by 11 September 1891 and owners deported from the OFS without compensation.

1893MK Gandhi arrives in South Africa to represent Seth Dada Abdullah in a suit against his cousin

1895Law 17 of 1895, Natal, imposed the £3 poll tax on all free Indians i.e. no longer indentured and working for themselves. £3 represented almost six months income. The Natal Government wanted free Indians out of the colony.

1895Mahatma Gandhi takes up the cause of Indians with reference to the £3 poll tax.

1897Law 3 of 1897, prohibited marriage of whites with persons of colour within the South African Republic (Transvaal)

1898Law 15 of 1898.Transvaal - no person of colour may be a licence holder, or in any way connected with the workings of the diggings.

1899Coolie Location established for Indians in Transvaal.

1899Regulations for Towns in the South African Republic (Transvaal). Persons of colour prohibited from walking on the side-walks (pavements) or stoeps serving as a side-walk of the streets of its towns.

B. Under British Military Authorities 1900 -- 1902

1903Ordinance No 5 issue of permits to regulate re-entry of Indians who had left the Transvaal for Natal, the Cape Colony and India when war broke out.Segregate Asiatics into locations, refuse trading licences except in Asiatic bazaars, pre-war licences of Asiatics, non-transferable

1906Delegation of Indians to London to protest The Asiatic Law Amendment Act (The Black Act) being discussed in parliament.

1907 The Asiatic Law Amendment Act (The Black Act). Transvaal. All male Asians to be registered, certificate (pass) with fingerprints on it to be carried at all times and shown to police on demand. àSatyagraha campaign led by Gandhi - burning of passes..

1907The Arms and Ammunition Act, No 10 of 1907. Transvaal - prohibited the issue of licences to Indians without sanction of Minister

1907 The Education Act, No 25 of 1907. Transvaal -Coloured children not allowed into European schools -separate schools established - education free and compulsory for white children not for Coloured children.

1907 The Act No 27 of 1907, the Vrededorp Stands Ordinance. Transvaal-freehold title of certain stands transferred to Johannesburg Municipal Council on condition that such title not be transferred to an Asiatic, native or coloured person.

1908The Townships Amendment Act, Law 34 of 1908. Transvaal - coloured persons to live in townships only as domestic servants, not as independent merchants or free citizens

1908The Precious Base Metals Act (Gold Law) of 1908. Transvaal -restricted occupation of land proclaimed as a public digging by coloured persons - denied coloured persons right to acquire mining title and privileges and to trade in such areas. Prevented goldsmiths from conducting their business.

1908The Asiatic Registration Amendment Act, No 36 of 1908. Transvaal.

1908The Public Service and Pensions Act, No 19 of 1908.Transvaal.

1909The South Africa Act left anti-Indian legislation intact.

D.Under the first Union Government of the South African Party headed by General Louis Botha and General Jan Smuts.

1911Formation of Colonial Born Indian Association (CBIA) - to fight the £3 poll tax.CBIA represented middle group and poor Indians.NIC (Natal Indian Congress) represented wealthy Indians

1913March.Supreme Court (Cape) decision - all Hindu and Muslim marriages declared illegal - government did not recognise marriages performed according to rites which permitted polygamy

1913 June.The Immigrants Regulation Act (No 22 of 1913).Persons not literate in a European language and undesirables i.e. on economic grounds or on account of standards or habits of life could be excluded from the country.Minister of Interior classifies all Asiatic persons as undesirable.Indian immigration stopped.The Supreme Court decision regarding marriages and the Immigration Regulation Act à satyagraha demonstrations under leadership of Gandhi - marches from Natal to Transvaal, Natal to OFS and Transvaal to Natal.

1914The Indian Relief Act.Smuts-Gandhi agreement.£3 tax abolished.

Hindu and Muslim marriages recognised.Indian children of parents living in South Africa allowed entry.

Indians still not allowed to own property in the two former republics (Transvaal and Orange Free State).Indian not allowed to live in OFS.

Restrictions on trading not removed

Indians remained disenfranchised

1919The Asiatic Land and Trading Amendment Act. - Indians with rights

to trade on property outside designated Asiatic bazaars allowed to continue.New licences stopped.Indians not allowed to own immovable property

Register to be compiled of existing licences and business owned by Indians

·India to appoint an agent in South Africa to establish better communication between the two countries

·SA government to improve general welfare of Indians

192729 July The Immigration and Indian Relief (Further Provisions) Act - statutory confirmation of Cape Town agreement.

- limited right of holders of registration certificates to enter and leave Transvaal at will.

1927Appointment of first Indian Agent, Sir Strinivasa Sastri, representative of the British Colonial Government of India to mediate on its behalf with SA Government about conditions for Indians in South Africa

1929Appointment of Sir Kurma Reddi as Indian Agent. - Indian agents ineffective in improving conditions for South African Indians.

1930The Industrial Conciliation Act.

1930South African Indian Congress adopts policy of non-cooperation with government but is inconsistent

1931The Asiatic Immigration Amendment Act - Indians had to prove legitimacy of their domicile in the country.

1932Cape Town Agreement - agreed to colonisation of Indians form India and South Africa - removal if Indians to other countries à split among Indians - Colonial-born Indian and Settlers' Association rival to South African Indian Congress.

1932The Transvaal Asiatic Land Tenure Amendment Act No 35

originallydesigned to segregate all Indians in the Transvaal within five years and force them to sell their businesses.

hundreds of Indians had set up businesses in various parts of the Witwatersrand goldfields

à proposals for non-violent action (Satyagraha) from Colonial Born Indian Association

Feetham Commission set up to determine number of people affected by this legislation

F.Under the United Party Government. JBM Hertzog Prime Minister.

1934The Transvaal Asiatic Land Tenure Amendment Act.

1934The Slums Act - to improve conditions in locations àinstead to expropriation of Indian property

1934The Young Commission -colonization scheme for Indians -in British North Borneo, British New Guinea and British Guiana - to reduce numbers of Indians in South Africa - Indian Government rejected scheme.

1935The Transvaal Asiatic Land Tenure Amendment Act - made no significant changes - more restrictions on rights of Indian limited companies.

1935The Rural Dealers Licensing Ordinance, Natal - refusal of licences to people whose properties had depreciated in value or whose licenses endangered the comfort and health of neighbours.

1938Debates on mixed marriages and Indian acquisition of land outside designated areas.Mixed marriages allowed Indians to obtain land in other areas through European and Malay wives.

Debates in Transvaal Indian Congress on cooperation and non-cooperation with government à split within the congress-- two groups - the majority group led by SM Nana in favour of cooperation; this group consisted mainly of people established merchants with vested interests; the minority group becomes the Nationalist group opposed to cooperation - YM Dadoo leader of Nationalist group represented the poor and working class

G. Under the United Party Government - General Smuts Prime Minister.

1939The Asiatics (Transvaal Land and Trading) Act.

Gave protection to Indians in exempted areas for a another period of 2 years

Certificates for trading licences under authority of Minister of the Interior

Asians not allowed to appoint nominees to buy land and obtain trading licences on their behalf

1940 Calls by the Nationalist groups of the Indian Congresses not to support the war effort à Dr Dadoo charged and fined - others leaders, HA Naidoo, CI Amra, RK Naidoo, KS Pillay, DA Seedat, CBI Dladlaarraigned for being present at a prohibited meeting.Meanwhile the Natal Indian Congress and Natal Indian Association were representing the rights of Indians to retain ownership of property in white areas.

1941.The Asiatics (Transvaal Land and Trading) Act.

1943 The Trading and Occupation Land Bill. (The Pegging Act) restricted Indians from acquiring property in white areas for three years.

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