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South African History Essay During the early years of South African history, the people of South Africa had diverse beliefs that were based on traditional customs and practices. The first people that lived in the SubSharan areas of Africa were the African people. These people had their own form of law that would suit them and the indigenous challenges that they encountered, the law would also bring about solutions to the challenges that they faced. The law that they were accustomed to was known as indigenous law or customary law. Customary law still remains of significance today in South Africa. 1 The following essay will discuss the historical development of the South African law and legal system from prior 1652 to the constitution from 1994. Because there were several indigenous groups there was no sense of written customs because each and every tribe that existed hen had a different way of doing things as well as having different beliefs according to their tribe. It was based on giving rules to the relationships that occurred between people in their different tribal territories. This kind of law was designed to suit a number of people and it was to ensure that groups are benefiting from this kind of law rather than individuals which is what the

Kleyn, D. Madi, P. Viljoen, F. Zitzeke, E. 2018. Beginner’s Guide For Law Students. 5TH Edition. Cape Town. Juta.. 1

Western law focused on. The African tribes and people were ruled by Kings before colonisation in the Cape occurred. 2 In the year 1652, Jan Van Riebeeck, who was a Verenigde OostIndische Compagnie (VOC) also known as the Dutch East India Company, arrived at the Cape. He arrived to develop a refreshment station which would be used by the ships that at sea in between their sea routes that were between the East and the Netherlands. The Dutch then decided to take over the Cape and disputed the fact that the African people belonged to different tribes. The Dutch took control of South Africa in relation to the international law which aims and focuses on the relationships that are present between the different states. 3 Because South Africa had no previous owner at the time, international law dictated that it could have a state occupy the country exercise the highest form of authority, that would also contribute to the leading of the State. It was also approved because there was a reason for the state to colonise the territory and its people. Colonisation was justified because the black people living in South Africa were known to not believe in Christianity and because of that were not aware of private ownership existence. This was then seen as civilisation in the eyes of the law.

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In 1795, a battle known as the Battle of Muizenburg in the Cape occurred between the British and the Dutch. British won the battle and got the power to take control of the Cape under the Peace of Amiens of 1802. With the British taking over it was agreed that the rules and laws that were being used by the Dutch will still be used and will not be altered. During 1803 the colony was then handed back to the Dutch, but after the epidemic that occurred during the Napoleonic Wars which served to abolish the Peace of Amiens that was created when the Dutch git control over the Cape again. In the year 1806 the British had ownership of the colony for the alternative time as they had won the Battle of Blaauwberg. This then gave rise to British taking control over the colony became permanent after conquering the battle. This was before the National Party had discussions on whether or not South Africa should be turned into a republic. There was a voting period which was then approved and had South Africa become a Republic in 1961.4 There were two Boer republics during the nineteenth century namely the; Orange Free State and the Transvaal. These two republics had a war known as the Boer War which was a clash

4 Bredekamp, H.C.J., 1995. The Battle of Muizenberg (1795): the Moravian missionaries and the telling of corps Pandouren history. Kronos: Journal of Cape History, 22(1), pp.36-53.

between the two states that was about the insufficiency of the military approaches as well as the challenges of induction should be raised as well as the issue of concentration camps with how people were overcrowded and the unhealthy conditions which revolved around the people as well as the two Boer republics. In the year 1948, apartheid was affirmed in South Africa it was after the National Party came into . Apartheid is a policy that deals with segregation. In South Africa it had to do with the white and black people, whereby privileges were given to citizens based on their skin colour. Apartheid was enforced to oppress the non-white population of South Africa. There was segregation for the facilities and areas of South Africa that could be used such as bathrooms, parks, schools and churches. Blacks were not allowed to enter white people areas and use their facilities or they would be arrested, they had to walk around with passes to be allowed access to certain facilities.5 The white government during the year 1960 had a whites only referendum which was so that the decision of making South Africa a Republic state comes into light. In 1961 it was officialised as a republic and a second constitution was approved by the

5 Van der Waag, I., 2015. A military history of modern South Africa. Scientia Militaria: South African Journal of Military Studies, 43(2), pp.199-203.

second structure of the country. Black people had their rights taken away from them during this period as they were regarded as unimportant because the dominating party was in favour of the white people of South Africa. In 1994 the Constitution of South Africa was introduced. The first black president known to be Nelson Mandela was elected after the votes of both the white and black people which had the chosen President. When he came into authority it was to establish peace and bring about a democratic state where equality was present and the segregation came to an end to maintain

the

peace.

Black

people

were

also

granted

opportunities to have a better standard of living. The South African history started off with hardships which paved way to a Democratic country with happy citizens....