Therefore, in any question of ‘occupation’, the first question is not ‘To what race does this person belong?’ but, ‘To what race does this land belong, and in what racial areas does this building stand?’ Therefore it follows whether a person may occupy it or not, according to his race.
The Government can, in virtue of this Act, segregate private schools and hospitals even against the Rule and Constitution of the Religious Orders who founded and own and operate them, and even against the expressed wishes of their benefactors. Such institutions must inevitably suffer as a result, since donations and benefactions may cease, and members of Religious Orders may no longer wish to offer themselves for missionary work in a country where their apostolate is restricted by Government interference.
If a suitable African pupil wants to go to a private school in the European Area, the owner (etc) would have to apply in writing on the prescribed form and wait while the Local Authority canvasses at the expense of the applicant for objection within and immediately outside the school. The Local Authority or the Minister or both shall take note of the objection and may refuse to issue the permit, or agree to issue the permit. An indefinite period permit may, by notice in writing, be cancelled at any time.
The Government can thereby now put an end to any integrated school in an urban area simply by refusing any further permit beyond 2nd September 1970. Similarly, any African patient who could afford the fees charged, and who was admitted, for example, to St. Anne’s Hospital, could be an illegal occupant of that hospital. In either case, the school or hospital authorities, and the parents of the pupil and the patient, would be liable to a fine of 500 pounds or 12 months in prison etc. (and vice versa in the African Urban Area, where there is one. Section 31).
L.T.A. Section 83. With regard to
19 An African occupying rural land in the European Area, unless
The Government can thereby put an end to any hospital or school which caters for Africans and is situated in a European Rural Area by refusing any further permit beyond 2nd September 1970.