The law and industrial relations in colonial Namibia

Abstract

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Essentially, Apartheid is about separating people on racial and ethnic bases. It is, therefore, about, not only dividing whites from blacks, but also blacks from other blacks. This was done by requiring blacks to live in their respective economically unviable 'homelands', and the whites to live in those areas where the wealth of the country resides. Meanwhile, conditions of the blacks continued to stagnate as unemployment rose and the subsistence needs of the working class were cheapened. The 'homelands', which remained unproductive, strengthened the power of the colonial State over black workers. They became cheap labour reservoirs where surplus labouring population was contained, but was always on hand for industry. The rigorous implementation of pass laws together with other repressive laws created a state of terror for black workers in the early days of Apartheid. To ensure a steady flow of labour to the mines, factories and farms, a migrant labour system was established. Black workers were herded into compounds or hostels in black townships and denied any say or control over their meagre existence. Further legislation dictated the terms of black exploitation in industry. All strikes by black workers were declared illegal; blacks were excluded from the definition 'employee' and banned from joining trade unions

However, Apartheid was no obstacle to capitalist development. On the contrary, it was the very mechanism which promoted it. But, the Seventies saw Apartheid reaching a crisis point, if only because of the recessionary trends that ravaged most economies in the capitalist world. Similarly, capitalists in both Namibia and South Africa began to experience the effects of the worldwide fall in the rates of profit. However, the stagnation of the South African and Namibian economies coincided with the growing awareness, both from inside and outside, that Apartheid could not continue indefinitely without provoking a major social explosion. Even some leading businessmen whose wealth had been created through Apartheid now accused the system of being too rigid and likely to cause problems in the future. In addition, and perhaps more importantly, the recognition of the growing threat from the working class has made the bosses keen to reform Apartheid. In Namibia, such reforms were prompted by the strikes of 1971-72, which resulted in the abolition, in theory at least, of influx controls and some petty Apartheid, and the liberalisation of industrial relations

However, the departing influx controls were soon replaced by a network of new legal controls and procedures to contain the working class. What can be learned from this is that the strategy of reforms is unworkable for the simple reason that reforms cannot abolish South Africa's special relations of exploitation and that capitalism in Namibia and South Africa cannot survive without Apartheid. More importantly, the motive behind the reformist drive is not concern with the plight of the black people, but the desperate concern to save investments and profits. It is hardly surprising, therefore, that the migrant labour system in Namibia remains essentially the same despite the alleged changes. The fact is that the 'changes' are effected to establish a new framework of oppression, and not to dismantle Apartheid. It should be noted, therefore, that racial oppression cannot be eliminated without the overthrow of the whole Apartheid system in Namibia and South Africa. The oppression of the black people in both countries cannot be separated from the capitalist exploitation, nor can it be reformed. Indeed, the regime in Pretoria has never conceived of reforms as an alternative to Apartheid, but as a rationalisation thereof. But, the black workers have no illusions about the motives underlying the drive for reforms, nor do they cherish doubts as to what they want to achieve - the eradication of the evil system of Apartheid. Hence their active involvement in the political struggle to bring about the same