What South African laws govern public access to beaches in apartheid Era?<\/p>\n
How were the rights of public affected by restricted access?<\/p>\n
Where does the law stand now?<\/p>\n
The South African (SA) law that previously governed a public citizen\u2019s access to beaches was the Reservation of Separate Amenities Act 1953 (1953 Act). Within this Act it was entirely permissible to legally enforce the \u2018Blankes Alleen\u2019 (Afrikaans for \u2018Whites Only\u2019) notices (1953 Act, s.2), that prior to the Act had been placed around areas of \u2018public\u2019 access.<\/p>\n
Provisions within the Act allowed the direct discrimination of people from public premises\/vehicles due to their \u2018race or class\u2019 (1953 Act, s.2). The Act\u2019s purpose was to remove the ability for the non-white people of SA to rightfully enjoy the same amenities as the white population, evidenced by the enforcement of the Acts public exclusion zones only being limited to non-whites.<\/p>\n
Exceptions to the Act were only made for foreign dignitaries or those whom had been given a special \u2018certificate\u2019 (1953 Act, s.4). This provision\u2019s inclusion can be safely assumed as an addition perceived necessary to mitigate international-political conflict.<\/p>\n
In terms of enforcement the Act created a criminal offence. A breach of said offence i.e. entering an area prohibited by a \u2018Blankes Alleen\u2019 or similar notice, allowed for the person to be arrested, fined or both by the relevant authorities (1953 Act, s.2).<\/p>\n
The Act was finally repealed in the Public Amenities Repeal Act 1990.<\/p>\n
Now the right for equality before the law is contained in SA\u2019s constitution (Ch.2, s.9).<\/p>\n
In 2008 the Integrated Coastal Management Act was introduced and contained in its wording an express affirmation of the constitutional right of equality in relation to access to the public coastline i.e. beaches, through primary legislative authority.<\/p>\n
Constitution of the Republic of South Africa 1996<\/p>\n
Integrated Coastal Management Act 2008<\/p>\n
Public Amenities Repeal Act 1990 (SA)<\/p>\n
Reservation of Separate Amenities Act 1953 (SA)<\/p>\n","protected":false},"excerpt":{"rendered":"
An answer that provides insight as to what legally prevented non-whites from rightfully accessing public beaches.<\/p>\n","protected":false},"author":1,"featured_media":1938,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[28],"tags":[],"yoast_head":"\n