The Hindu : dated March 25, 1953: Court Orders Equality

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Tuesday, Mar 25, 2003

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dated March 25, 1953: Court Orders Equality

In Bloemfontein on the 23rd an Appeal Court ruled that non-European should get substantially the same waiting-room facilities as Europeans on South Africa's railways. The 4-1 majority decision was made interpreting a Railway Act of 1916, and the Court dismissed an appeal by the Cape Province Attorney-General against the acquittal of George Lusu, an African who refused to leave a European waiting-room on Cape Town railway station when asked to do so by the police. Costs were awarded against the Attorney-General.

A Cape Town magistrate had earlier discharged Lusu on the ground that waiting room facilities for non-Europeans were inferior to those for Europeans, and so there had been unequal treatment between the two races contrary to the Railway Act of 1916. Cape Province's Attorney-General did not dispute the Magistrate's finding that there had been unequal treatment of non-Europeans and Europeans, but he argued the appeal was to determine the rights and powers of the railway administration to provide separate waiting facilities for the two races.

S.African Prime Minister, Dr. Daniel Malan said in that his Nationalist Party would not accept the position created by the court decision that separation of while and coloured people in waiting-rooms was invalid unless equal facilities were provided.

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