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In re Dube
''In re Dube''〔1979 (3) SA 820 (N).〕 is a famous case in South African law, heard and decided by Milne J and Didcott J in the Natal Provincial Division on May 1, 1979. It was a review of a decision by a commissioner of the Department of Plural Relations and Development, and is celebrated for its creativity in pursuit of justice.
== Facts ==
Subject to the Black Urban Areas Consolidation Act,〔Act 25 of 1945, s 29(2)(a)(i).〕 unemployed black men could be declared "idle persons" in certain circumstances and with certain exceptions.〔"Your unemployment," in Didcott's words (820H-821A), "is not held against you if you are younger than 15, or as old as 65, or a pupil or student at an educational institution, or someone ''bona fide'' engaged in an officially approved business, trade, profession or 'other remunerative activity', or a registered workseeker who has had no offer of lawful employment for 122 days. Otherwise, however, it is, and your 'idleness' is beyond question. It does not matter whether you actually need work and its rewards. Perhaps your family supports you adequately and is content to carry on doing so. That does not count. The section says so in as many words. Nor apparently do any other lawful means you may be fortunate enough to have."〕 The general rule was that, although capable of being employed, such persons must have had no lawful employment "for a total of 122 days or more during the past year."〔820H.〕 The court detailed the ''modus operandi'' as follows:
An official who has reason to believe that you belong to the class of "idle persons" may arrest you at any time and in any place outside a special "Bantu" area. You are then brought before a commissioner of the Department of Plural Relations and Development. He calls on you to give a "good and satisfactory account" of yourself, whatever that may be. Unless you do manage to do so, he formally declares you to be an "idle person". Nobody is required to prove that you match the definition. You must prove you do not.〔821B-C.〕
A commissioner had so declared one Jabulani Sydney Dube, twenty-four years old and living on welfare in Lamontville with his mother.〔821H.〕 The commissioner had ordered his removal to and detention in a farm colony, unless he found employment within thirty days or left Durban of his own accord within 35.〔821G.〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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