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Justice in South Africa Book

Justice in South Africa
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  • Justice in South Africa
  • Written by author Albie Sachs
  • Published by University of California Press, 1992/07/01
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List of Tables vii
Preface 11
Part I The Historical Setting
Chapter 1 Law Enforcement and Race Attitudes in a Slave-owning Society: The Dutch Settlement at the Cape 1652-1795 17
Postscript 30
Chapter 2 Enter the British Legal Machine: Law, Administration and Race Relations at the Cape 1806-1910
Introduction 32
Transition 34
Liberty, equality, servility 39
Robes and oxwagons 41
Barristers and gentlemen 46
Attorneys and law agents 49
Magistrates, justices of the peace and the law department 50
The land register 52
Law enforcers: army and police 53
Prisons and punishment 55
White justice 59
Chapter 3 In the Interior: The Administration of Justice and Race Relations in the Boer Republics and the Colony of Natal 68
The courts and race in the Orange Free State 71
Law and race in the Transvaal 76
Law and race in Natal 84
Chapter 4 The Incorporation of Africans into the Legal Order
The administration of justice in tribal society--pre-conquest 95
Dispossession nine points of the law: colonial relationships and colonial attitudes 99
The administration of justice in a tribal area--the post-conquest position 111
Part II The Modern Machine
Chapter 5 Judicial Attitudes towards Race in South Africa
The unification of the courts--the Supreme Court of South Africa 123
Judicial attitudes to race 132
Chapter 6 The Administration of Justice in a Racially Stratified Society 161
The franchise 163
Racial legislation 164
Law enforcement and race 166
(i) Total prosecutions 167
(ii) Prosecutions in terms of race-statutes 168
(iii) Race laws and sex 174
(iv) Race laws and residence 176
(v) Increase in prison population 178
(vi) Executions 191
(vii) Corporal punishment 195
Chapter 7 Black Attitudes and Actions 200
Attitudes towards lawyers 201
Attitudes towards police 203
Brown and black lawyers in action 205
(i) Passive resistance--advocate M. K. Gandhi 205
(ii) Active resistance--attorneys Mandela and Tambo 209
Chapter 8 Race Conflict and the Legal System 230
Criminal Procedure 231
Discussion 237
Police 239
The judiciary and the executive 244
Judging the judges 256
Sources and Bibliography
(i) Note on Sources 264
(ii) Abbreviations 264
(iii) References 265
(iv) Bibliography 272
Index 283


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