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10 Denv. J. Int'l L. & Pol'y 11 (1980-1981)
South Africa's Independent Homelands: An Exercise in Denationalization

handle is hein.journals/denilp10 and id is 25 raw text is: ARTICLES South Africa's Independent Homelands: An Exercise in Denationalization JOHN DUGARD The South African Government's policy of apartheid or separate de- velopment has achieved considerable notoriety over the past thirty years. To most informed persons the term apartheid conjures up a discrimina- tory legal order in which personal, social, economic, political, and educa- tional rights are distributed unequally on the basis of race. Recent devel- opments on the apartheid front are less notorious. Since 1976, the South African Government has resorted to the fictional use of statehood and nationality in order to resolve its constitutional problems. New states have been carved out of the body of South Africa and been granted inde- pendence, and all black persons affiliated with these entities, however remotely, have been deprived of their South African nationality. In this way the government aims to create a residual South African state with no black nationals. The millions of Blacks who continue to reside and work in South Africa will be aliens, with no claim to political rights in South Africa. In this way, so the government believes, Blacks will be given full political and civil rights in their own states and a hostile international community will be placated. A number of studies have examined this ex- ercise in political fantasy from the perspective of statehood in interna- tional law.' Although the present study will trace the development of the homelands policy and describe the creation of independent homelands, © 1980 by John Dugard John Dugard is Professor of Law and Director of the Centre for Applied Legal Studies at the University of the Witwatersrand, Johannesburg, South Africa. B.A. 1956, LL.B. 1958, University of Stellenbosch; LL.B. 1965, LL.D. 1980, Cambridge University. 1. In 1978 the word Black replaced Bantu as the official term to describe the Afri- can people of South Africa. Second Black Laws Amendment Act 102 of 1978. This creates certain difficulties as the non-white people of South Africa-viz African, Colored, and Indian-generally prefer to use the word Black to describe all such peoples. In this study, however, the term Black is used to describe the African people alone as this is the term used in the statutes and official documents which are featured prominently in this article. Sometimes the word Bantu is used in an historical context. 2. Norman, The Transkei: South Africa's Illegitimate Child, 12 NEw ENGLAND L. REv. 585 (1977); Witkin, Transkei: An Analysis of the Practice of Recognition-Political or Legal?, 18 HARv. INT'L L.J. 605 (1977); Richardson, Self-Determination, International Law and the South African Bantustan Policy, 17 COLUM. J. TRANSNAT'L L. 185 (1978).

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