Aliens Act, 1937
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Aliens Act 1 of 1937 was a South African law aimed at curtailing
Jewish Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...
immigration to South Africa just as it was increasing due to increased
anti-Semitic Antisemitism (also spelled anti-semitism or anti-Semitism) is hostility to, prejudice towards, or discrimination against Jews. A person who holds such positions is called an antisemite. Antisemitism is considered to be a form of racism. Antis ...
repression in
Nazi Germany Nazi Germany (lit. "National Socialist State"), ' (lit. "Nazi State") for short; also ' (lit. "National Socialist Germany") (officially known as the German Reich from 1933 until 1943, and the Greater German Reich from 1943 to 1945) was ...
.Aliens Act of 1937
", Cape Town Holocaust Centre, retrieved January 8, 2007
The Act instituted an Immigrants Selection Board which would screen every potential immigrant coming to South Africa from outside of the
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or
Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
with the power to either grant or withhold a permit to enter the country. One of the qualifications the Board considered when assessing immigrants was " assimilability", a term not defined by the legislation and thus left to the board to interpret subjectively. "Unassimilability" was a criticism made of the Jews and thus its use as a criterion was seen as a pretext for excluding Jewish migrants. With the increase of Jewish immigration to South Africa in 1936, with the deterioration of the situation for Jews in Germany, so too increased political pressure within South Africa to curtail the migration. The United Party government led by
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
Hertzog introduced the Bill in order to restrict and regulate
immigration Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, and ...
and exercise control over
resident alien In law, an alien is any person (including an organization) who is not a citizenship, citizen or a nationality, national of a specific country, although definitions and terminology differ to some degree depending upon the continent or region. ...
s. The National Party's
Daniel Malan Daniël François Malan (; 22 May 1874 – 7 February 1959) was a South African politician who served as the fourth prime minister of South Africa from 1948 to 1954. The National Party implemented the system of apartheid, which enforce ...
,
leader of the opposition The Leader of the Opposition is a title traditionally held by the leader of the largest political party not in government, typical in countries utilizing the parliamentary system form of government. The leader of the opposition is typically se ...
, unsuccessfully attempted to amend the bill to prohibit Jewish immigration explicitly, to end the further naturalization of Jewish permanent residents of South Africa and to close certain professions from Jews and "other non-assimilable races". Malan argued that Jews were getting the best jobs and that "the
Afrikaner Afrikaners () are a South African ethnic group descended from Free Burghers, predominantly Dutch settlers first arriving at the Cape of Good Hope in the 17th and 18th centuries.Entry: Cape Colony. ''Encyclopædia Britannica Volume 4 Part 2: ...
is suffering in consequence". Arguing for his amendment, Malan said of Jews, "Now the question arises with us, as a people, not only how we are going to keep them out in future, but how we are going to protect ourselves against those who are here."Bunting, Brian,
The Rise of the South African Reich
'' (1969), chapter 4
The Jewish community within South Africa was divided on the bill. Jewish United Party MPs voted for it as it did not specifically mention Jews. Some members of the
South African Jewish Board of Deputies The South African Jewish Board of Deputies is an organisation formed in 1912 from the merger of the Board for the Transvaal and the Board for the Cape. It serves as the central representative institution of most of the country's Hebrew congregat ...
supported the Bill as they feared Jewish immigration from Germany would intensify anti-Semitism within South Africa. The Aliens Act became law in February 1937 and put into place an Immigrants Selection Board which was given the power to issue or refuse to grant permits to any prospective immigrant who was not a citizen by birth or descent of the
British Empire The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts esta ...
or
Irish Free State The Irish Free State ( ga, Saorstát Éireann, , ; 6 December 192229 December 1937) was a state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-year Irish War of Independence between th ...
. Jewish immigration from Germany fell as a result of the Act to a few thousand with approval for entry normally being given only to wives and young children of Jews already resident in South Africa or to their elderly parents or grandparents. In many cases, entry permits which had already been granted to relatives of South African Jews prior to the passage of the Act were cancelled and many German Jews who might otherwise had been able to find refuge in South Africa instead were murdered in the
Holocaust The Holocaust, also known as the Shoah, was the genocide of European Jews during World War II. Between 1941 and 1945, Nazi Germany and its collaborators systematically murdered some six million Jews across German-occupied Europe; a ...
.


References

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See also

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History of the Jews in South Africa The history of the Jews in South Africa began during the period of Portuguese exploration in the early modern era, though a permanent presence was not established until the beginning of Dutch colonisation in the region. During the period of ...
Jewish emigration from Nazi Germany Antisemitism in South Africa Immigration legislation Jewish South African history 1937 in South African law Repealed South African legislation 1937 in international relations