For more than three hundred years, laws made far from the valley decided who could graze its land, who could live on it, who had to work for whom, and which children went to school. This page brings those laws together in one place. It includes the laws that reached the valley directly, and the national racial laws that shaped the whole country and so shaped the valley too. It also includes the orders the missionaries wrote down in their diaries between 1792 and 1805, because those orders show how the law actually arrived: spoken at the church door by the keeper of the company post, or carried up the kloof by a field cornet. A few rows are not laws at all. They are market signals large enough to change what the law and the valley may do next, and they are marked as such.

Each law is read through the TIME model used on The Valley Through TIME: which of the forms of organisation it built up, which it held back, and whether it carries any early sign of the Emergent form.

What the letters in square brackets mean

Facts on this page are followed by a tag that shows where they come from.

  • [IC] Independently Corroborated. Confirmed by at least two sources that do not depend on each other, or by an official record such as a law, a court order, or a heritage register.
  • [MS] Mission-Sourced. Comes from Moravian mission records, including the missionaries’ diaries, and the histories written from them, or from one party’s own documents or statements. They have not been checked against sources that do not depend on them.
  • [TBV] To Be Verified. Seems likely, but nobody has confirmed it yet.

Reading this page

The columns Built up, Held back, and Emergent are the Forum’s reading of each law. That reading carries no tag. T stands for Tribes, I for Institutions, M for Markets, and E for Emergent. Residents may read the same laws differently, and the page will change as they say so.

The diary passages

Rows marked Diaries come from new English translations in the Genadendal Diaries repository. They are machine translations that no person has checked yet, so they are a guide to what the diaries say and are not quoted here as finished translations. Each row gives the Utrecht file number and the line numbers, so a reader of the old German or Dutch can check it. The diaries were written by the missionaries, and they show the Khoekhoe through the missionaries’ eyes. See The Genadendal Diaries.

How to read the tables

Each row is one law or order. What it did says what it meant for the valley, where that is known. Built up names the form of organisation the law made stronger, and Held back names the form it weakened or pushed aside. Emergent is filled in only where a law opened room for people to organise together in networks, commons, or partnerships of their own. For most of the valley’s history that column is empty, and the emptiness is part of the story. Rows marked Market signal record an instrument or decision outside the law that the Forum reads as a turning point.

The tables follow the rulers of the Cape:

PeriodWho made the laws
Before 1652Khoekhoe and San custom
1652 to 1795The Dutch East India Company (VOC)
1795 to 1853British governors, with Batavian rule from 1803 to 1806
1853 to 1910The Cape Parliament, elected under a franchise open to men of any race who met its property test
1910 to 1948The Union of South Africa
1948 to 1990The National Party government and the laws of apartheid
1991 to todayThe end of apartheid and the democratic Constitution

Before the colony

YearLaw or orderWhat it didBuilt upHeld backEmergent
Before 1652Khoekhoe customLand belonged to the community. A group’s territory was defined by its water sources, and others needed its permission to graze there [IC]. The San held that no one owned the land and everyone could use it [IC]. See Land as Property.T: land, water, and cattle held by clans and families

Company rule (1652 to 1795)

YearLaw or orderWhat it didBuilt upHeld backEmergent
1657First freehold grantsThe company granted former servants surveyed farms near Cape Town, the first private land at the Cape [IC]. It gave out land as if it were empty, without treaties [IC].M: land as private property. I: the company as the source of titleT: Khoekhoe custom, never recognised as property
3 July 1714Placard on loan farmsLet colonists hold large, unsurveyed grazing farms for a yearly “recognition” fee [IC]. The farms around the valley, Weltevreden among them, were held this way [IC]. See Loan Farms and Quitrent.I: the company’s revenue. M: a first, loose market in landT: grazing land taken without purchase
4 September 1742Council of Policy rulingStopped Georg Schmidt from baptising more Khoekhoe after the Cape’s Dutch Reformed ministers objected [TBV]. Schmidt left in 1744 and the company kept the Moravians out for almost fifty years [IC]. See Dutch East India Company.I: the established churchI: the mission, for fifty years
24 December 1792Baas Teunis speaks for the governmentOn the day the missionaries arrive, Baas Teunis of the company post tells the Khoekhoe that the government has sent them teachers and will protect them while the teachers stay, and that no farmer may punish a Khoekhoe person without reporting it to him [MS]. Diaries: A363595, lines 449 to 539I: the company post as local authority; the missionM: the farmers’ hold over Khoekhoe workers
1792 to 1793New taxes of the Commissioners-GeneralThe Commissioners-General Nederburgh and Frykenius imposed new taxes to raise the company’s income [IC]. The diaries record a yearly sum on every slave and wagon, 300 and then 500 farmers riding to the Cape to protest, and the taxes being lifted in June 1793 [MS]. Diaries: A363595, lines 3125 to 3158 and 3419 to 3479I: the company’s financesM: farmers’ profits, briefly
15 March 1793The Bank van LeeningThe company’s lending bank lent at 5% a year against property and gold [IC]. From now on a landowner could turn land into cash, and people without land could not [IC]. See Money and Banks.M: credit tied to landT: people who held land in common, or none
May 1793 and August 1795Call-ups of Khoekhoe menFearing the French, the government calls farmers and armed Khoekhoe men to guard the Cape at sowing time [MS]. In 1795 the company orders every Khoekhoe man who can be found to the Cape to fight the British [MS]. Diaries: A363595, lines 3159 to 3479; A363596, lines 2455 to 2513I: the colonial state’s claim on Khoekhoe menT: households left without their men
7 December 1794The cattle orderBaas Teunis gathers all the Khoekhoe who have moved to the mission and tells them, in the Commissioner’s name, to take their cattle back where they came from. They may keep only a few animals for slaughter, or he will take all the cattle he finds [MS]. None moves away [MS]. Diaries: A363595, lines 12549 to 12597 and 13054 to 13116M: farmers’ grazingT: the herds that let families live at the mission
December 1794The certificate orderThe mission may accept no Khoekhoe person who has served a farmer unless he brings a certificate from the farmer that his time is up. Until then, the missionaries had been told that no farmer could keep a Khoekhoe who wanted to leave [MS]. Diaries: A363595, lines 12597 to 12683M: a labour market closed by the farmer’s signatureI: the mission’s open door
January 1795Sluysken’s ordersCommissioner Sluysken refuses to let the Khoekhoe keep their cattle at the mission, and has forbidden the missionaries to build “anything at all, even a goat shed” [MS]. By April the order is largely withdrawn [MS]. Diaries: A363595, lines 13680 to 13806M: farmers’ interests, through the CommissionerI: the mission. T: the herds
29 July 1795Bisani’s orderThe rebel burghers of Swellendam, through Commandant Bisani, order the missionaries to leave within three days, and they go to the Cape [MS]. On 7 August the Commissioner tells them they may go home [MS]. Diaries: A363596, lines 1830 to 2146M: farmers ruling by their own forceI: the mission, for a few days

British and Batavian rule (1795 to 1853)

YearLaw or orderWhat it didBuilt upHeld backEmergent
24 September 1795Craig’s proclamationThe mission receives, through Baas Teunis, a proclamation signed by Major-General Craig releasing the inhabitants from their duty to the company, promising that everyone’s grievances will be heard, and the articles of capitulation, one of which respects all religions [MS]. Diaries: A363349, lines 11130 to 11153I: the British state and, under it, the missionI: the company
July and September 1796Craig’s boundary stonesA letter from Craig says the mission’s pasture is to be enlarged and fixed with stones, and cattle found beyond them will be taken [MS]. The Landdrost of Stellenbosch reads the boundaries in September. The missionaries say the best grazing has been kept back, and he answers that land cannot be taken from those who bought it and pay taxes on it [MS]. In the same year a farmer who wants back a Khoekhoe youth is told that the Khoekhoe “were free people and could serve whom they wanted” [MS]. Diaries: A363349, lines 16215 to 16238 and 16264 to 16285; A363349, lines 16585 to 16653I: the mission as a bounded settlement. M: land bought and taxedT: open grazing
5 February 1804The Batavian household returnsA written government order, brought by Field Cornet Otto, requires every household head to report what was sown, the harvest, all livestock, and the size of his family, on pain of a fine of 500 rixdollars [MS]. The missionaries write to the Landdrost to ask whether it binds them, since they are not farmers [MS]. Diaries: A363597, lines 1424 to 1453I: a state that counts its people and their produce
January 1805The grain rationAfter a drought, a government commission sets a ration of one pound of grain a day per head [MS]. Governor Janssens tells the missionaries that the government means to give a sheep a day to the soldiers’ families at the mission [MS]. Diaries: A363597, lines 1844 to 1868I: the state as provider in a crisis
1 November 1809The Caledon CodeRequired every Khoekhoe person to have a fixed home and to carry a pass to move, and to have a written contract with a master [IC].M: a labour market fenced in by law. I: courts between master and servantT: free movement and independent kraals
1812The apprenticeship proclamationLet farmers bind Khoekhoe children who had grown up on their farms to work for them without pay from the age of eight to eighteen [IC]. See Sir John Cradock and From the Farm to the Classroom.M: farmers’ hold on the next generationT: families. I: the mission school
6 August 1813Cradock’s quitrent proclamationTurned loan farms into surveyed “perpetual quitrent” farms that could be inherited and sold, for a higher yearly rent [IC].M: land as a registered, priced thingT: customary rights, which the proclamation ignored
1 January 1826SterlingBritish sterling became the Cape’s official money, after the rixdollar was fixed at 1 shilling and 6 pence in 1825 [IC].M: one currency with the empire
17 July 1828Ordinance 50Repealed the Caledon Code and the apprenticeship rules, ended passes for Khoekhoe and other free people of colour, and let them choose their employers and own land [IC]. A companion ordinance, Ordinance 49, kept passes for Africans from beyond the colony [TBV].I: equality before the law. T: freedom to move and settleM: forced labour
1834 to 1838The end of slaverySlavery ended in law on 1 December 1834, followed by four years of “apprenticeship” until 1 December 1838 [IC]. Slaveholders were paid compensation, and freed people received nothing [IC].I: freedom in law. M: owners’ capital, through compensationM: slavery as property
1839 and 1841An education department and school grantsThe Cape set up a department of education in 1839, and from 1841 mission schools could receive government grants [IC]. Genadendal’s teachers’ college had opened in 1838 [IC].I: the mission school and college, with state moneyM: children’s labour on farms
1841Masters and Servants OrdinanceMade breaking a labour contract a criminal offence again [IC]. It was followed by the Masters and Servants Act 15 of 1856 [IC].M: employers’ power over workers, by criminal lawT and I: the freedom of 1828

Self-government (1853 to 1910)

YearLaw or orderWhat it didBuilt upHeld backEmergent
1853The Cape franchiseMen of any race could vote if they owned property worth £25 [IC]. Whether residents of Genadendal, who held no title to their land, qualified is not yet known [TBV].I: a representative parliament, open in law to all races
1856Masters and Servants Act 15Kept criminal penalties for breaking a labour contract. Courts applied it mainly to black workers [IC]. The Masters and Servants laws stood until 1974 [TBV].M: employersT and I: workers’ freedom
1858The trust grant of Farm 39The mission land was granted to the Moravian Church in trust for its residents [MS]. See TRANCRAA and Farm 39.I: the church as trusteeM: the land was kept out of the marketLand held for a community, the ground on which later claims to a commons rest
1887 and 1892The franchise narrowedIn 1887 communal forms of tenure stopped counting towards the property test [IC]. In 1892 the test rose to £75 and a literacy test was added, which cut out many black and coloured voters [IC].I: a parliament of property ownersT: land held in common, as a route to the vote
1905School Board ActMade school compulsory for white children from seven to fourteen, and only encouraged it for other children [IC]. Historians read it as the start of racially separate schooling in law [IC].I: separate school systemsI: the mission schools’ place in a common system
1909Mission Stations and Communal Reserves ActPlaced mission land under management boards. Residents could live on the land but not own it [IC]. Forum research describes this as the start of a deep rift between missionaries and residents [MS]. See Moravian Church.I: state boards over mission landT and M: residents’ ownership of their own land

The Union (1910 to 1948)

YearLaw or orderWhat it didBuilt upHeld backEmergent
31 May 1910South Africa ActCreated the Union. The Cape’s franchise was kept for men of all races, but only white men could sit in Parliament [IC].I: a white-led national stateI: the Cape’s partly open politics
1910Greyton becomes a municipalityGreyton became a municipality [IC]. See The Municipality.I: local government in Greyton
19 June 1913Natives Land Act 27Barred black Africans from owning or renting land outside reserves of about 7% of the country [IC]. It made special provision for the Cape, where owning land could qualify a black man to vote [TBV]. Its target was African people, and most of the valley’s people were later classified coloured. Its date matters here today: land claims under the Restitution Act of 1994 can only reach back to 19 June 1913 [IC].I: a national map of land by raceT: African land held in common
1924A secular board for GenadendalA secular board replaced the missionaries in running Genadendal, and Proclamation 98 of 1924 described its extent [IC].I: the stateI: the church’s rule
1926The college is closedThe government closed the teachers’ college, arguing that coloured people were suited to farm work and did not need higher education [IC]. The legal basis of the closure is not yet known [TBV]. See From the Farm to the Classroom.M: a farm labour supplyI: the college
1927Immorality ActForbade sex outside marriage between white and black people [IC].I: race as a rule of private life
1930 and 1931White women and white menWhite women gained the vote in 1930 [IC]. In 1931 the property test was dropped for white voters only [TBV]. This diluted the weight of coloured and black voters on the Cape roll [TBV].I: a white electorateI: the Cape’s non-racial roll
1934Abolition of Quitrent Act 54Ended most quitrent payments from 31 December 1934 [IC]. See Loan Farms and Quitrent.M: land held outright
1936Representation of Natives Act and Native Trust and Land ActRemoved black voters in the Cape from the common roll, and set the reserves at 13.6% of the country [IC].I: segregation by lawT: African land and votes

Apartheid (1948 to 1990)

YearLaw or orderWhat it didBuilt upHeld backEmergent
1949Prohibition of Mixed Marriages Act 55Forbade marriage between white people and people of other races [IC].I: race as a rule of family lifeT: families across the colour line
1950Population Registration Act 30Classified every South African into a racial group [IC]. Every other apartheid law depended on it.I: the state’s power to classifyT: people’s own names for who they are, such as Khoekhoe
1950Group Areas Act 41Made residence and ownership separate by race [IC]. In Greyton, coloured families, many of whom owned their plots, were forced to sell and leave, most of them to Heuwelkroon, probably between 1968 and 1974 [TBV]. The Act was re-enacted in 1957 and 1966 [IC]. See History of Greyton.M: a land market open to whites only. I: the stateM: coloured owners’ property. T: a mixed village
1950Immorality Amendment Act 21Extended the 1927 ban to sex between white people and people of any other race [IC].I: race as a rule of private life
1951 to 1956Separate Representation of Voters Act 46Removed coloured voters from the common roll after years in the courts [IC]. Separate coloured representation in Parliament ended in 1970, under an amending Act of 1968 [IC].I: a white parliamentI: the vote the Cape had given in 1853
1953Reservation of Separate Amenities Act 49Allowed public places, vehicles, and services to be separated by race [IC].I: segregation in daily life
1953Bantu Education Act 47Created a separate school system for African children, designed to fit them for labour [IC].I: state control of schoolingI: mission schools
1959Extension of University Education Act 45Separated universities by race [IC].I: separate universities
1961Coloured Persons Communal Reserves Act 3Applied the Mission Stations Act of 1909 to coloured areas [IC]. Whether it covered Genadendal is not yet known [TBV].I: the state over coloured reservesT and M: residents’ ownership
1963Rural Coloured Areas Act 24Replaced the laws of 1961 for coloured rural areas, and was repealed in 1991 [IC]. Whether it covered Genadendal is not yet known [TBV].I: the state over coloured rural areasT and M: residents’ ownership
1963Coloured Persons Education Act 47Moved the schooling of coloured children from the provinces to the Department of Coloured Affairs, and required every coloured school to register with the government [IC]. One source says schooling became compulsory for coloured children under it [TBV]. The valley’s schools came under it [TBV].I: a separate, state-run school systemI: the mission’s role in schooling
1968Prohibition of Political Interference Act 51Banned political parties with members of more than one race [IC].I: politics sealed by race
13 May 1977Greyton Nature ReserveThe reserve was proclaimed on Greyton’s mountain commonage, about 2,200 hectares [IC]. Which law it was proclaimed under is not yet known [TBV]. See History of Greyton.I: conservation by the stateM: private use of the commonageA shared mountain protected for everyone, later cared for by the Greyton Conservation Society
1983Republic of South Africa Constitution Act 110Set up a three-chamber Parliament, with a House of Representatives for coloured voters and none for black South Africans [IC].I: race-based government
1987 and 1989Rural Areas Act 9 (House of Representatives)Took over the former mission areas, with management boards chaired by magistrates [IC]. Genadendal was added to it in 1989 [IC].I: state boardsT and M: residents’ ownership

The end of apartheid and democracy (1991 to today)

YearLaw or orderWhat it didBuilt upHeld backEmergent
30 June 1991Abolition of Racially Based Land Measures Act 108Repealed the Natives Land Act, the Rural Coloured Areas Act, the Group Areas Act of 1966, and other racial land laws [IC]. The Population Registration Act was repealed in the same year [IC].M: a land market open to allI: land by race
1994Restitution of Land Rights Act 22Lets people and communities claim land lost after 19 June 1913 through racially discriminatory laws [IC]. Families moved from Greyton under the Group Areas Act fall within its dates [TBV]. Khoekhoe losses before 1913 do not [IC].I: courts and a claims commission
1996Constitution of the Republic of South AfricaProtects property, and gives people whose tenure is insecure because of past racial laws a right to secure tenure or redress [IC]. It gives everyone a right to an environment that is not harmful, protected for future generations [IC]. What it means today: The Constitution.I: rights for allSection 24 speaks for generations not yet born
1996Communal Property Associations Act 28Lets a community hold land together through an association with its own constitution [IC]. A CPA is being set up to receive the land of Farm 39 [MS]. What it means today: Communal Property Associations Act.I: registered community bodiesA legal form for a commons run by its members
1996South African Schools Act 84Made school compulsory for every child from the year they turn seven until age fifteen or the end of grade nine [IC]. See From the Farm to the Classroom.I: schooling for every childM: children’s labour
1998National Water Act 36Made the state the public trustee of the country’s water, and set aside a Reserve for basic human needs and for rivers [IC]. Greyton’s leiwater rights sit under it today [TBV]. See From Water Access to Water Agency. What it means today: National Water Act.I: the state as trusteeM: water as private propertyWater held in trust for people and rivers alike
2 November 1998TRANCRAA (Act 94)Replaced the Rural Areas Act and set out how the land of the former mission areas, Farm 39 among them, is to pass to its residents [IC]. The transfer of Farm 39 has not yet happened [IC]. See TRANCRAA and Farm 39. What it means today: Transformation of Certain Rural Areas Act.I: the Minister, the municipality, and residents’ committeesResidents choose together who will hold their land
2005Co-operatives Act 14Sets out how co-operatives are formed and run [IC]. See Starting a Co-operative.M: member-owned enterpriseEnterprises owned and governed by their members
2019Traditional and Khoi-San Leadership Act 3Provides for Khoi-San communities and leaders to be recognised by the state [IC]. See Khoekhoe.T: recognised Khoi-San communities. I: the state that recognises them
1 April 2026Market signal: the Cape Water Performance-Based BondRand Merchant Bank launched a R2.5 billion, five-year bond, issued by FirstRand Bank and listed on the Johannesburg Stock Exchange on 17 April 2026 [IC]. It pays for The Nature Conservancy to clear invasive plants from the catchments of the Western Cape Water Supply System, and investors’ returns depend on independently verified results [IC]. The valley lies below Theewaterskloof Dam, the largest dam in that system [IC]. Whether the bond’s clearing reaches the mountains above the valley is not yet known [TBV]. See From Water Access to Water Agency.M: capital markets that pay for restored natureThe first time investors are paid for what a living catchment gives back, a price on regeneration that the valley could one day earn

The laws through TIME

This section is the Forum’s reading.

Institutions turning what the Tribes held into Markets. From 1652 to 1828, almost every law in the tables did the same thing. An Institution, first the company and then the British state, took something the Khoekhoe held in common and made it usable by a market. Grazing land became loan farms in 1714 and priced property in 1813. People’s labour became a market fenced in by the Caledon Code of 1809, and children’s labour followed in 1812. The diaries show this happening in the valley in small steps: a cattle order read out after church, a certificate a farmer could refuse to sign, a ban on building even a goat shed. The orders came from the Cape, but they were carried out by local men such as Baas Teunis and the field cornet, and they could be withdrawn when the missionaries or the Khoekhoe went to the Cape to argue.

A window, and what the mission built in it. Between 1828 and 1909 the law opened doors. Ordinance 50, the end of slavery, school grants, and the Cape franchise gave free people legal room they had never had. The mission used that room to build an Institution of its own: the school, the college of 1838, and the trust grant of 1858 that kept Farm 39 out of the market. The same years also closed doors again. The Masters and Servants laws brought back criminal penalties for workers, and the franchise was narrowed in 1892.

Race as the rule of the Institutions. From 1909 the state took over the mission’s land and, step by step, made race the rule by which it organised everything. The 1909 Act kept residents on the land without ownership. The 1926 closure of the college pushed the valley’s young people back towards farm labour. The Population Registration Act decided who people were, and the Group Areas Act decided where they could live. In Greyton, where plots had been sold as freehold since 1854, the market in land was turned against the coloured families who owned them. In these years Institutions used law to decide who could take part in Markets at all.

Undoing, and the first room for Emergent. Since 1991 the laws have mostly undone or tried to repair. Several of them give communities legal forms they can run themselves: the Communal Property Association, the co-operative, water held in trust with a Reserve for rivers, and TRANCRAA’s promise that residents will choose who holds their land. These are the only rows in which the Emergent column fills up. They are tools, and the valley has not yet used most of them. The water bond of 2026 is the first sign from the Markets side: capital willing to pay for verified restoration of the catchments the valley’s rivers depend on. It may change how the laws already in force, the National Water Act among them, are put to use. The date 19 June 1913 also limits what law can restore, since it leaves the Khoekhoe losses of the centuries before outside the reach of restitution.

What this page leaves out

  • Laws of the northern and eastern frontiers that did not reach the valley directly, such as the commando policy against the San of the 1770s.
  • Laws that applied mainly within the African reserves, such as the Glen Grey Act of 1894 and the Bantu Authorities Act of 1951.
  • The security laws of the 1960s and later.
  • Local by-laws of Greyton’s municipality and the rules of the Genadendal boards. The by-laws in force today are on The Rules the Valley Lives By.

What is still open

  • The legal basis for the closure of the teachers’ college in 1926.
  • Which law governed Genadendal between 1961 and 1989: the Act of 1909, the Coloured Persons Communal Reserves Act of 1961, or the Rural Coloured Areas Act of 1963.
  • Whether residents of Genadendal could vote under the Cape franchise of 1853, and how many were removed from the roll in the 1950s.
  • Whether families moved from Greyton under the Group Areas Act have claimed restitution.
  • A rule said to date from 1775 that let farmers indenture Khoekhoe children born on their farms until the age of 25. No source for it has been found yet [TBV].
  • The text of the Council of Policy ruling of 4 September 1742.
  • The law under which the Greyton Nature Reserve was proclaimed in 1977.
  • How the Moravian Church, residents, and the Transformasie Komitee read these laws, in their own words.

If you know of a law or order that shaped the valley and is missing here, or hold documents about any of the open questions, the moderators would like to hear from you through How to Submit.

References

The diaries:

Company and British rule:

The franchise:

Segregation and apartheid:

Democracy:

Market signals:

Other pages of this wiki give the sources for the rows drawn from them, especially The Caledon Code, Money and Banks, From the Farm to the Classroom, and History of Greyton.