'Sunday laws' among apartheid Acts heading for repeal

The Law Reform Commission has recommended a repeal of several apartheid-era laws, which it says do not belong in a constitutional democracy. The commission, chaired by former Constitutional Court Justice Chris Jafta, published a discussion paper on the ‘review of colonial and apartheid era legislation’, Business Day reports. The commission has put together an advisory committee made up of senior silk Ishmael Semenya, Professor Shannon Hoctor and public and constitutional law expert Keneilwe Radebe to guide its work on the project to overhaul the outdated laws. One of the laws the commission has called for to be repealed is the ‘Sunday observance laws’, which remain on the statute book. These include the Sunday Observance Ordinance of 1838 of the Cape of Good Hope; the Lord’s Day Observance Act of 1895; the Sunday Law of 1896 of the Transvaal; Section 21 of the Police Ordinance of 1902 of the Orange Free State; and the Prohibition of the Exhibition of Films on Sunday and Public Holidays Act of 1977. These laws restricted economic activity and public entertainment on Sundays. The Cape Bar Council, in its submissions to the commission said the wide array of economic and social activity that takes place on Sunday is sufficient evidence these laws have become obsolete and redundant. Some legal scholars have also said any law that chooses Sunday as a rest day would raise the constitutional issue of unfair discrimination on grounds of religion.

Business Day says the commission also wants the Prevention of Public Violence and Intimidation Act of 1991 to be repealed. This Act established a commission of inquiry under the chairmanship of Justice Richard Goldstone to look into the nature and causes of public violence in SA and propose solutions. The inquiry has been credited with playing an important role in defusing the political violence that erupted when the country moved towards its first democratic elections. The Goldstone Commission found that political violence was fulled by a ‘third force’. The commission said the Act had served its purpose and become redundant. Another law on the chopping block is Indemnity Acts of 1961 and 1977. The pieces of legislation gave police free reign to commit acts of violence, torture or kill in the pursuit of official duties. These Acts were meant to shield police from culpability emanating from the 1960 Sharpeville massacre and the June 16, 1976 Soweto uprisings. The commission did not weigh in on the Riotous Assemblies Act (RAA) 17 of 1956. This is because whether the current provisions of the RAA should be retained, with or without amendments, will soon be receiving the attention of the legislature. ‘

Full Business Day report