Racial Classification Post-Apartheid

twickers

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Nov 20, 2018
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In the Apartheid Era, racial classification was governed by the Population Registration Act (1950) and enforced by government officials, courts and the Office for Race Classification. This act used various criteria (much of which were terribly humiliating, including the infamous Pencil Test) to determined one's race. This act was abolished in 1991.

My question is, on what legal framework is one's race determined in a post-Apartheid South Africa, for the purposes of the "fair racial discrimination" policies that the Constitution makes provision for, such as BBBEE?

The BBBEE act defines "black people" for the purposes of the act as a generic term which means Africans, Coloureds and Indians, along with some South African citizenship conditions.

Expanding on my question, from a legal perspective, how does South African law deal with:
1. Classifying a person to a certain race group for the purposes of BBBEE.
2. Mixed race offspring (say father "African" and mother "White" and vice-versa).
 

twickers

New Member
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Nov 20, 2018
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You want a tender?
I'm interested in racial classification from a legal perspective, not for personal gain. I brought up BBBEE because that's where racial classification is mostly used in South Africa, without ANY legal framework for classifying one's race.
 

twickers

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Nov 20, 2018
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What is the definition of “African”?
No set answer?

An individual with one "African"/black parent could potentially claim to be "African"? Or with a certain percentage "African" blood? An individual could potentially be "African" if he/she adopted an "African" language, culture or religion?

I'm actually more wondering who is responsible for racial classification in SA, since there is no legal framework governing classification by race? Would the responsibility lie with the potential BBBEE employer, Department of Home Affairs, a court or another BBBEE-regulating authority?
 

Ryansr

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Jul 22, 2012
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3,805
The new classification is South African and nothing else. :mad:
 

Dave

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Aug 31, 2008
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49,776
What is the definition of “African”?
The OP doesn’t seem to realise that African is a term to describe people from the continent of Africa and not a synonym for black.


1542752079619.jpeg
1996 map of the major ethnolinguistic groups of Africa, by the Library of Congress Geography and Map Division (substantially based on G.P. Murdock, Africa, its peoples and their cultural history, 1959). Colour-coded are 15 major ethnolinguistic super-groups, as follows:
Afroasiatic
Hamitic (Berber, Cushitic) + Semitic (Ethiopian, Arabic)
Hausa (Chadic)
Niger–Congo
Bantu
"Guinean" (Volta-Niger, Kwa, Kru)
"Western Bantoid" (Atlantic)
"Central Bantoid" (Gur, Senufo)
"Eastern Bantoid" (Southern Bantoid)
Mande
Nilo-Saharan (unity debated)
Nilotic
Central Sudanic, Eastern Sudanic (besides Nilotic)
Kanuri
Songhai
other
Khoi-San (unity doubtful; Khoikhoi, San, Sandawe + Hadza)
Malayo-Polynesian (Malagasy)
Indo-European (Afrikaaner)
Copied from https://en.m.wikipedia.org/wiki/Ethnic_groups_of_Africa
 
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