The Promotion of Bantu Self-Government Act of 1959 was used to reserve land which wasdesignated tribal land for African people to exercise their rights. The separate development policytook 2 forms:The granting of limited self government and ultimately sovereign independence was to be givento 10 ethically defined homelands.The acquisition of independence meant that black people would loose their SA nationality andwould acquire a new nationality of a new state.The separate development policy was however rejected and denounced by the internationalcommunities as a violation of black South Africans right to self determination.4.3.2The 1983 Tricameral Constitution:By the late 1970’s there was increasing internal resistance and international isolation. This resultedin Parliament turning to the Indians and Coloureds for support. In 1983 Tricameral Constitution waspassed which created 3 houses of Parliament for the Whites, Indians and Coloureds.The jurisdiction of these houses were divided into “own” and “general” affairs. Own affair referred tomatters which specifically related to or affected the population in relation to the maintenance oftraditions, customs and identity. General affairs were not ‘own affairs’. The African majority wereexcluded.7
Power still remained under the control of the Whites. The running of the government was centralizedunder the state. Two mechanisms were put in place firstly; the President had extensive powers inthe executive and legislative arenas. The President was elected by an electoral college consistingof 88 members drawn from the 3 houses - 50 from the House of Assembly, 25 from the House ofRepresentatives and 13 from the House of Delegates. Secondly, in theory all 3 houses had toconsent to the general affairs. If a bill was rejected by 1 of the 3 houses, the bill could be referredby the President to an institution called the President’s Council who had the power to pass the bill.Black people were still excluded; their political rights were exercised in the Bantustans. The UnitedNations declared the Tricameral Constitution null and void. The UN rejected the TricameralConstitution and in 1989 called for a negotiated solution in South Africa and set guidelines for ademocratic transition.4.4Negotiations of a legal revolution:4.4.1Initiatives towards a negotiated settlement:There were many groups who were advocating against apartheid. There was a call for a positivechange which the provision of human rights to all. Two very important documents were produced:ANC’s African Claims in South Africa – this document was adopted on the 16thDecember 1945.The Bill of Rights called for 1 man 1 vote, equal justice in courts, freedom of land ownership,residence and movement.