Nationality and apartheid : some reflections on the use of nationality law as a weapon against violation of fundamental rights

Abstract

At the time of writing (November 1989) two developments can discerned. On the one hand a certain increase in the pressure being exerted on South Africa in order to bring apartheid down. One of the instruments being considered for use in the grip on the virtual or actual nationality of 'new' white S.A citizens. This tool would function in two ways: both on the individual level as an incitement to resist S.A. national service and eventually leave the country ans as a way to drain the SADF of a considerable part of its strength. On the other hand, one cannot deny a slight wind of change withing the S.A Government with the arrival of Mr. de Klerk at the centre of the scene. Should Europe give him the benefit of the doubt and await real reforms without increasing pressure in the meantime? This, I would submit, would be a serious mistake. I am fully convicted that substantive changes in South Africa, putting an end to apartheid, can only be brought about by keeping the outside pressure up. That is why endeavours in the countries which have contributed to the reservoir of new white S.A. nationals should be encouraged to develop the measures which formed the subject of this paper.