Racial (re)classification during apartheid South Africa: Regulations, experiences and the meaning(s) of ‘race’ Yvonne Erasmus St George’s, University of London Thesis presented to the University of London for the degree of Doctor of Philosophy 1 I declare that the work presented in this thesis is entirely my own. Word count (inclusive of tables and figures; exclusive of bibliography and appendices): 94,919 2 Abstract The Population Registration Act (No. 30 of 1950) laid down the procedures for classifying and reclassifying the South African population into three main racial groups: “White”; “Native” (renamed “Bantu” then “Black”); and “Coloured” (later subdivided into seven subgroups: “Cape Coloured”; “Malay”; “Griqua”; “Chinese”; “Indian”; “Other Asiatic”; and “Other Coloured”), using three classificatory criteria: appearance; acceptance; and descent. This thesis examined the development and implementation of racial (re)classification and what this might reveal about the meanings of race during apartheid. Quantitative and qualitative analyses were used to analyse primary and secondary data, including: official statistics; documentary material; and interviews. The thesis reached three main conclusions. First, race was not operationalised consistently over the forty years the Act was in place. Instead, three distinct phases were evident in very different rates of reclassification: variable rates from 1950 to 1967; low and relatively stable rates between 1968 and 1979; and substantially elevated rates during the 1980s. These three phases could be mapped to changes in legislation affecting the definitions of the racial groups and the (re)classification procedures, and in some cases to the political context during each phase. The second conclusion was that race was not operationalised consistently by each of the actors (State, legislature and individual classifiers) and tribunals (Race Classification Boards and the Supreme Courts) involved. The government became increasingly concerned with its ability to enforce race classifications, and the Boards applied a raft of strategies to discredit objections to (re)classification. In contrast, the Courts adopted a more even-handed approach and often challenged the government’s and Boards’ (re)classificatory procedures and decisions. Finally, the documentary evidence and interviews with those involved with racial (re)classification found that race was informed more by commonsense than by scientific principles, although no common commonsense existed and race therefore had a range of different meanings. 3 TABLE OF CONTENTS Chapter 1 1.1 1.2 1.3 1.3.1 1.3.2 1.3.3 1.4 1.5 1.5.1 1.5.2 1.5.3 1.5.4 1.6 1.7 Chapter 2 2.1 2.2 2.2.1 2.2.2 2.3 2.3.1 2.3.2 2.4 2.5 2.6 2.7 Chapter 3 3.1 3.2 3.2.1 3.2.2 PAGE Introduction, theoretical framework and literature review Social constructionism: Its strengths and limitations Why use a social constructionist approach in this thesis? The changing meanings of race Bio-scientific and social meanings of race Race as commonsense Race, commonsense and social construction The operationalisation of racial identity: From the concept of race to the process or ‘race-ing’ The meanings and operationalisation of race in South Africa Perceptions of difference in pre-apartheid South Africa Race in apartheid and post-apartheid South Africa The meanings of race The operationalisation of race through the process of racial (re)classification The process of classification and reclassification The legal, bureaucratic and judicial aspects of (re)classification The scope of the reclassification process The consequences of (re)classification (Re)classification and the meanings of race Overview of the questions addressed in each Chapter In summary Methodology and Methods The ‘qualitative’/’quantitative’ divide Two types of data Documentary sources Interviews Tools for data analysis Quantitative analysis Qualitative analysis Content analysis Discourse analysis Thematic analysis Reliability and validity Ethics The role of the researcher in the research process Dissemination of the findings and archiving Preventing “creeping integration” between races: The Population Registration Act, the government, and racial (re)classification Introduction Methods South African Government Gazette House of Assembly Debates 4 12 13 15 16 16 19 21 22 24 24 26 28 30 31 33 33 34 34 35 37 38 38 40 40 42 43 43 44 44 44 45 46 47 48 50 51 51 53 53 54 3.2.3 3.3 3.4 3.4.1 3.4.2 3.4.3 3.5 3.5.1 3.5.2 3.6 3.7 Chapter 4 4.1 4.2 4.3 4.3.1 4.3.2 4.3.3 4.4 4.5 Chapter 5 5.1 5.2 5.2.1 5.2.2 5.2.3 5.3 5.4 5.5 5.5.1 5.5.2 5.6 5.6.1 5.6.2 5.7 5.7.1 5.7.2 Data analysis The 1950 Population Registration Act: Explicit aims and rationale The reclassification process: Mending and tightening the procedures Closing loopholes in the process of appeal Clarifying and extending the (re)classificatory powers of the Secretary and the State Regulating matters of evidence: The burden of proof and the kinds of evidence allowed Measuring race: Negotiating the boundaries of the different groups Regulating the non-White (Black and Coloured) groups Definition of a Black person Definition of a Coloured person Regulating the White/Coloured boundary Discussion Conclusion Racial reclassification during apartheid: Temporal trends and variation amongst racial groups Introduction Methods Results Temporal variation in reclassification rates The different routes to reclassification Reclassifications between the different racial groups Discussion Conclusion The Race Classification Boards and the negotiation of racial boundaries Introduction Methods The National Archives of South Africa The Department of Home Affairs Ethics and data analysis The nature of the data Introduction to the cases The format of the Board proceedings Onus and the burden of proof Legal representation in the Board hearings: A choice or a necessity? Types of evidence presented Leading documentary and oral evidence The three-pronged classification criteria: Appearance, acceptance and descent Appearance Acceptance Descent Strategies to refute or discredit objectors’ claims Distorting the evidence: Lying, concealing and contradicting Knowing too much or having a vested interest in the case 5 54 55 59 62 63 64 66 67 67 68 72 77 82 83 83 84 87 87 90 93 99 105 107 107 109 109 110 111 112 114 117 119 120 122 122 125 125 127 130 131 131 132 5.7.3 5.8 5.8.1 5.8.2 5.9 Chapter 6 6.1 6.2 6.3 6.3.1 6.3.2 6.3.3 6.3.4 6.4 6.4.1 6.4.2 6.5 Chapter 7 7.1 7.2 7.2.1 7.2.2 7.3 7.3.1 7.4 7.4.1 7.4.2 7.4.3 7.5 7.6 7.6.1 7.6.2 7.6.3 7.6.4 7.6.5 7.7 The ability to assess race: Having enough or too little “race prejudice” Discussion Limitations Discussion of the findings Conclusion Negotiating racial boundaries: Dialectic strategies of Supreme Court judges during appeals against racial (re)classification Introduction Methods Results The number of racial (re)classification cases published in the Law Reports Content analysis of judgments published in the Law Reports The nature of the hearings Decisions on reclassification procedure Judges’ use of dialectic strategies to negotiate racial boundaries Using procedural irregularities to negotiate racial boundaries Legislative ambiguity and contested racial boundaries: The question of appearance, descent and acceptance Informing decisions on reclassification: Questions of reasonableness, fairness and (in)justice Discussion Limitations Strategies to negotiate the racial boundaries Conclusion “Manufactured” race: Personal experiences of the process and consequences of racial reclassification Introduction Methods Ethics Data collection and analysis Sample characteristics Introduction to respondents Motivations for applying to be reclassified Seeking a change in circumstances Rectifying incorrect classifications Accessing the reclassification process Circumstances leading to objections to (re)classification The nature of the reclassification process Clerks, bureaucrats and magistrates as classifiers Classifiers’ treatment of those reclassifying/reclassified Deciding how to classify people: The criteria used in the reclassification process Supporting actions for a successful reclassification Reflecting on reclassification: People’s thoughts and feelings on the process The private and public consequences of reclassification 6 133 136 136 136 139 140 140 141 144 144 144 147 147 149 149 151 158 160 160 161 165 166 166 168 169 170 172 174 176 176 178 179 179 182 182 183 185 187 190 191 7.8 7.8.1 7.8.2 7.9 Chapter 8 8.1 8.2 8.3 8.3.1 8.3.2 8.3.3 8.4 8.4.1 8.4.2 8.4.3 8.4.4 8.4.5 8.4.6 8.5 8.6 Chapter 9 9.1 9.2 9.3 9.3.1 9.3.2 9.3.3 9.4 9.5 9.6 9.7 9.8 List of References Appendices Appendix I Appendix II Appendix III Appendix IV Further discussion Limitations of the data Relevance of the data to the research questions The flexible and fallible process of reclassification The meaning of race and the learnt nature of racial identity Conclusion “Perverted sociology”: The social construction of race through science and society Introduction Methods Scientific and social influences on the operationalisation of race The explicit use of science The implicit use of science Validity Reliability Homogeneity The role of society in the social construction of race The multiple meanings of race The existence of some objective ‘truth’: Race was real Race as defined by the legislation Race was what the expert or classifier said it was Race was what the person wanted to be (albeit within limits) Race was whatever was in the best interests of the person Race was whatever society would accept Discussion Conclusion Discussion and Conclusion Generic limitations to the research My role in the research The social construction of race Finding I: Temporal changes in the (re)classification process Finding II: Comparing (re)classification as implemented by the different actors/sectors Finding III: The different meanings of race Race and science Race and commonsense The multiple meanings of race Creating and administering racial identity Implications for current race debates in South Africa Questions for future research Conclusion 195 195 196 197 199 Ethics permission Project information sheet Consent sheet Bibliography of amendments to the Population 267 268 270 272 7 201 203 203 204 207 207 209 209 210 210 211 213 213 213 214 214 215 215 216 220 222 222 224 229 230 233 235 235 236 237 240 244 247 248 249 Appendix V Appendix VI Appendix VII Appendix VIII Registration Act (No. 30 of 1950) Definitions of the main population groups and subgroups as these changed over time Detailed comparison of data sources used in Chapter 4 Original Afrikaans quotes as used in Chapters 5 and 6 Interview topic guides 8 295 304 305 319 Tables Table 1a Table 4a Table 5a Table 5b Table 6a Table 6b Table 7a Table 7b PAGE A summary of the routes to reclassification and the terminology used to distinguish between different kinds of objections. Reclassifications between the different Coloured subgroups expressed as a percentage of all reclassifications recorded within the Coloured group. Overview of the 13 cases on which these analyses are based. Summary of the documents obtained for each of the 13 cases on which these analyses are based. Variation in the distribution of successful and unsuccessful racial (re)classification appeals heard during the 1950s, 1960s and 1970s, at different Divisions of the South African Supreme Court, with different types of appellants and with requests for (re)classification between different racial groups. Thematic summary of rulings made on procedural issues. Overview of respondents who had first hand experience of reclassification or had family members who had applied for reclassification. The different consequences of racial reclassification. 9 32 97 115 116 146 148 173 192 Figures Figure 3a Figure 3b Figure 3c Figure 3d Figure 4a Figure 4b Figure 4c Figure 4d Figure 4e Figure 4f Figure 4g Figure 4h Figure 4i Figure 4j Figure 5a PAGE Summary of amendments to the 1950 Population Registration Act and secondary legislation issued under it. Proportion of amendments addressing each of the three main themes of the 1950 Act. Amendments to the (re)classification procedure. Proportion of amendments to the different racial groups. Temporal changes in reclassification rates per 100,000 of the population, and an indication of the periods for which additional data are available. A comparison of the two routes to reclassification: reclassifications enforced and objections upheld) over the period for which data on both were available (1967-1979). A comparison of objections raised and objections upheld over the period for which data on both were available (1972-1989). Reclassifications between Black and the Coloured subgroups. Reclassifications between the Coloured subgroups and White. Reclassifications between the Coloured subgroups. Reclassifications between all 9 groups and subgroups. Temporal variation in rates of reclassification from Coloured to White, and from White to Coloured. Temporal variation in rates of reclassification between the Coloured subgroups. Temporal variation in rates of reclassification from Black to Coloured, and from Coloured to Black. This figure illustrates the various contexts in which acceptance was assessed. 10 55 59 61 77 87 91 93 94 94 95 95 98 99 99 128 Acknowledgements I owe much to my supervisors, Prof George Ellison (St George’s University of London) and Dr Wendy Rickard (London South Bank University), for their supervision and support throughout my Ph.D. I am also grateful to St George’s for providing financial support; and to Prof Thea de Wet and the University of Johannesburg for hosting me during fieldwork. A word of thanks to Kathleen Openshaw, Jessica Babich and Gabi Stein for their help with particular parts of the research process. Many thanks to my family and friends for their endless support. Although there are too many to mention, a special word of thanks to my mother (Yvonne Erasmus), Ermin Erasmus, Kelly Luck, Ruth Stewart, James Thomas, Simon Outram, Rosie Head, Mary Halter, Carina Fourie, Jane McGaughey, Sarah Duff, Stephanie Carvin, Jennis Williamson, and Hennie Lötter. 11
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