Franchise Law

Franchise law in South Africa, particularly concerning the period around 1890 and the formation of the Union of South Africa in 1910, was characterized by racial segregation and the exclusion of the Black majority from political power. While the Cape Colony had a color-blind franchise, the former republics of the Transvaal and Orange Free State insisted on an exclusively white electorate. A compromise in the 1909 constitution confirmed existing electoral arrangements, effectively limiting political participation to white males. This set the stage for further racial segregation in subsequent legislation, impacting land ownership, urban areas, and job opportunities, solidifying settler minority dominance. Roman-Dutch law, a blend of Dutch and Roman legal traditions, forms the historical foundation of South African law, though it has been significantly influenced by English law over time.123