2 ^ 1
Lothlhakane
Box 13
Vafeking
2 8 /8 /4 6
I hereby „ l .h to make the folle.tn* .t.tement as decided
by my tribe in reply to question Ko. 21
1)
Passes should be abolished entirely*'
2)
Natives should only carry one identification document
Tax receipt should suffice*
There should be no exception to paragraph C
4)
A native should only have to produce an i d e n t if i c a t i o n
document when he is under su sp icio n .
5)
Hot otherwise.
Furthermore we favour identification cards for every
native providing it is not a pass.
Our tribe definitely
abhor passes as the t i ,e is now past for having wear passes.
Signed for the tribe
J • Koloane
Councillor.
« & m g ___ , u z . . g u a j g *
kusaiua,..!
'
Natives should be in uxtoan areas primarily for the
purpose of employment therein.
Kvery employed Native should be
allotted to have his family * ith him, no Blatter whether the children are minors or m ^ o r a .
Children over 18 years of a ge should
be required to ha ve lodge?*1 permits.
Once a Native has become
'•urbanised " he ia loth to be removed to rural surroundings,
/hil*
1 was in South feat Africa an endeavour was unjuccessfully made
\
to transfer Native paupers in an urban location to a Native re
serve in the
some d is t r ic t .
The Natives* complaint was * M We
hove grown up and have our families anti friends here, v/hy must
we be moved to a atrajjge place. "
Any
Native who can be certi~
fied as unfit for work, by reason of old age or sickna&s, should
be allowed to remain with his family and should be exempted from
payment of
uny lodgers' fee.
Uection 28 of the Natives'
< Urban Areas ) Consolidation
Act No. 25 o f 1945 makes provision for thtr^moval of redundant natives
from an urban
area.
A c t io n 29 of the s ame Act deals with idle
dissolute or disorderly Natives in urban areas.
Expandinn industry
in the bigger centres of the Union w ill require additional accanodatioi
for Native^
workers.
If the powers conferred by sections 28 and 29
are rigidly applied, undesirable characters would be eliminated from
locations in orde: to make room for bona fide workers and their
families.
itions
2.
Native Housing Boards should bo set up.
one or more such Boards might be necessary,
unSer the
In each Province
iiuch Boards will fa ll
supervision of the Department of Native A ffairs.
fcvsry malt or fe ale Native ovor 16 years of a ge who
is employed
shall have a service contr;*ct.
The Private
employer,
i f he provides the servant v-ith accommodation at his home, shall be
required to pay to the Urban Authority a monthly
I/-*
contract fee of
If the Native is housod in tha location, the employer should
pay 2/- monthly.
Any industry employing more than < say ) 100 natives, should pay
/
3 / ........................
3 /»
monthly.
If auch industry provides accommodation for its
workers, the monthly fee should be 1/-*
The fees »o collected,
should be used for building houses for location residents*
occupiers of auah houses will
The
also pay a monthly rental.
As esuential as town planning is, so is ulso location
planning.
The type of houses to be built and their sites,
the concern of the Housing Board. Jon* of the miserable
will be
hovels which
Natives often occupy w ill be condemned by housing inspectors and thefamilies w ill be movnd into the newly built houses.
time H shanty towns " w ill
, disappear to make
In course of
room for well laid
out locations.
The local Authorities would require state assistance
for several years after, the inception of the scheme, but th are after
the annual revenue frt>m contract fees should more than covar the out
lay in buildings*
Neithar the State nor any
Provincial Administration
should be except from the payment of contract fee si
ratepayer should not be
The Municipal
required to pay any special tax, as his obli-
gat ion towards his employee is satisfied by tha payment of the contract
fee to the
Local Authority.
.attgUQfl m i
*
.
Only qualified Native builders should be allowed to
construct dwellings for Natives, otherwise, " Jerry b uilt” structures,
which the
Native Housing Board should not countenance, would spring
up*
a j p i $m
la
,i
Natives should not be allowed to a cquire ownership
of their homes in Urban Areas, for the following reasons s-.
(1)
Considerable labour would be involved in keeping records of
transfers of various properties.
If a p o d a l areus are set apart
for the richer class of Native to build houses on approved plans,
there should be no reason *hy they should not
title to their properties.
toa allowed to acquire
But in Urban Locations proper, a Native
should not be allowed to acquire title*
(2)
a
house would be vacant - perhaps for a considerable time -
• • while the family in another port of the country la squabbling
as to what should bee<xa» o f the property.
/hlle this delay would
be taking place, a bona fide worker might be denied entry to the
Urban Area because there is no house for him.
Many farm Natives are allowed to keep a limited
number of large a m /o r snail stock. I f the family is a lar*;e one,
A
the weekly rations from the^mployer are thus supplemented. Purnars
also allow their Natives a piece of land fo r the planting of crops•
In an Urban Location thare Is no room tsr stock and crop raising
and so ti* only solution Is for the Native to squat on a farm near
to his place of
employment, lie probably pays more for the opportunity
o f squatting than he would I f he had a stand in th
location, but
he ha*» tha other benefits which I have mentioned.
The Private Locations, Act Ko. 32 of 19 09 (Cape)
makes provision for the residence and congregation of Natives on
private property.
A c t i o n 4 seta out the conditions which must
be fulfilled before a private locution licence is issued.
Section 15 of the Natives ( Urban Areas ) Consoli
dation Act, No.
i6 of 1945, provides that there shall be no resi
dence and congregation o f Natives
within five miles from an urban
boundary, except with th*» written approval of the minister after
consultation with the local authority concerned.
If it can be shown that Natives, who squat on lard
in the vicinity of urban or industrial areas, are employed in
towns, I con<sid«r that the creation o f private locations should be
encouraged. *he head of the house **ould be doing; kia small share
towards industrial development,
while the womenfolk could do their
quota towards fum ing operations.
During the reaping season about 25,; of the Natives
(mostly women) from the Maffeking Native reserves move into the
Transvat l to help the Miropean fanners to /father their harvest.
Some farmers travel hnni reds of miles by lorry to fetch reapers.
If these reapers, instead of living in Native reserves, w«re squat
ting on private farms within five miles of an urban boundary trhe'
Minister
/ and Local........
. . . and Local Authority conuernud would not deny the farming
industry - the backbone of the country - a part of its labour sup
ply by expelling tha natives from the ffuras •
The ratio decidendi as to whether’ squatters sliould be in
close proximity to urban or industrial areas is whether their presence
/t4
contributes towards the advjmoenont o f the locality
which they re
side*
On the oth«r hand, Natives Might
be attracted from wn
urban area, where there is an insufficient labour supply, to private
farms just beyond the 10 mile b o u n t y of an urban authority so tha t
they could farm on a share basis with tha fcuropean owners*
This
should be discouraged a* there is scope for then ir» Native Reserves*
For the laws in rug&rd to squatting in Natal, Orange Free atate
and Transvaal vide pages 1164/1166 Gardiner and Lanadown 4th Edition.
Question 8
i
The
tfafeklng Native ;itad, which is in close proximity to
lSafekingf is inhabited by some 6000 Natives of the Ilatsedi section
of the Barolong tribe .
The fact that so litt le crime la reported from the t>tad, is aurely
proof that law, order and good government Is maintained* The
supreme
Chief of the Ilatsedi section, a m a l l number of whom are located in
the Lobatai district of tha
Bechuanaland protectorate* on what is
known as the Barolong F a m e , rules hlo people from the
Chi -f* s
:itad*
Tho
instructions are obeyed implicitly because any denial oi
hia authority would bring the offender before the Chief on a charge
of insubordination - se e th in g
factory
the
Natives fear*
The satis
state of affair* which exists in tha :»tad is probably due
to the fact that only Natives of one aection of a t rlbe are located
there.
The Chief w ill not alio*' a Native of any other section of
the Barolong tribe to live in the L'.tad.
There are two
Native Labour
Iteeruiting Agents in Mafekiup
and any Stad Natives could easily be iterated for work on mines or
elsewhere*
Recruited Natives are furnished with free ticket** to
their place of employment, which is usually Johannesburg*
The Natives
are then only 190 miles from their horaea - very convenient in case
/ t h e i r * * .* * .
• ...t h e i r
presence
ia required at home tor some reason or other*
I believe that the Missionary has the greatest influence
for f;ood aaorn' the bantu.
It was the Missionary who, annod with only a
Bible, civilised the Native,
he creation
Hall®, at which
m i table f i^lms should be regular
ly shown, and playing? fields should be provided for every location.
Without suitable entertainment ana recreation a Native w ill seek compa ny at drinking dens. Travfllini.; t ; Ikies could well enter for
locations in the less advanced areas.
]
It should not be d iffic u lt for
responsible location residents to manage their sporting
jmjci
social
in
the
activities*
Cue» tion 10 i
Natives have respresentatives in Parliament ani
Senate and there seens to be no reason
powered to elect Europeans to
why they should not be em
represent their interests on Vov’n
Councils.
I
In b o o ted urban area there might be only a luke waar interest i
in the Natives, whose welfare could only be c^trapioned by an
representative.
could
without such
uroptan
a representative, location bodies
ohly aake written representations to a
Council, or otharwise
canvass its members. Liaison between European employers and Native
j
employees through the latter*s representative should serve a useful
purpose.
As stated in my reply to que tion 8 the system of registration
nust also apply to women.
i
The certificate \*ill continue to serve a
useftil purpose, because the Local authority has thereby the buat
method of conxrol of the location resilient s.
This certificate is all
the more necessary in order to keep a check on
fees,
kept
c o n t ra c t
a duplicate ( control card) of such service contract
by the Ijocal Authority*
service
w ill be
a service contract serves a quick
means of locating a native in case of (1) De<.th or sickness, (2)
Native complaints, (3) Recjuiring him as a witness in
control c .rd will also be useful in
Local
a Court*
The
furnishing statistical data to a
Authority - vide section VI of the Natives ( Urban Areas )
/
Consolidation • • • • •
____________________________________________________________________________________________________
_ JM
-__
— ________________________________________________________________________________ _____
• • Consolidation Act Ho* '<'& of li*45.
^u..Jtlon 13(c)
It is definitely essential to control the laovsmijnta of Natives
j
in urban arena.
a m th eir
The curfew lav.-s hove served a moat useful purpoBe
relaxation would result in an increase of
crime, necesai-
tatir^- a bigger rolice Force.
In some tovm th«? curfew hour h a been ex tended to 11 p.m.
'i’he
effect of thla is , that while most residents hfave already retired,
Natives ore able to ro*si
Katives should
about the streets.
I see no reason v;hy
not a t ill be required to carry ni^ht passes.
I
iiSlfisiiSaJHk)
(1)
Thore is
i
no extraordinary influx of Natives Into the
Mafeking Urban Area.
(2 )
Natives are attracts! to
Urban areas because they
obtain better^ wages and better feeding than on f k m s . In tovm6 the
female members of the family are also tm
employment,
whereas on
farms they might work only during th« reaping season.
I do not think tha t a wale f a m labourer is supplied with rations
for hi a family aa well, so that a large fumily would have rather a
thin
time on a f a m .
During my terra of office at Kast London the influx of Native
youngsters - females included - from neighbouring districts became
»o regula r
th A “ a#?!states had a " round table
officials of the Native Affairs
conference w with
lieparteent, the Municipal Native
Affairs DepB rtment and the Police in order to discuss
and endeavour
to solve the problems which arose.
These youngsters would indulge in petty thieving, bag
am tching and pilfering a t the market.
sharing
Many of them would lie fouiiS
servants* rooms on Europeans owned premises in the
c ity .
There was no prospect of their obtaining employment as the labour
supply at Kast Lon*on exceeded the demand.
\t the comriencement these juveniles were repatriated < under
excort) to their homes.
I
Jo many cases came before the Courts, and
escort expends mounted to such an extent, that afterwards the offen
ders were merely ordered to leave the urban area.
3on» of the children told mo that their parents verc dead,
some that their parentis wore unaware of thetr
told me that a Rative taxi driver
whereabouts# One
, operating between the Tram Kei
and East Londen h&A given him a * l i^ f t ” so tha t he could open
the £at a a.
and the
A ll the children cama from Native areas ( the Tranakel
Port Beaufort, Alice, Middledrift, Keiakamniahosk and
Kintrwilliamatown district*)
At that time the districts which I hiwe mentioned were in
the throes of the severest drought in living memory and It la possible
that life in the
ITative areas was none too attractive.
Might I
suggest that the Commission, when it viaitn Kast London,
sound
officers thare in regard to the present state of a ffa ir s .
j.UftSUQn ii & J l
*
,Saat London had a * saturated u labour market and no
Native was allowed
into the urbttn area without die per
mission of the Urban Registering
could have been aware that
Authority $ but how many Natives
East Ixmdon was a forbidden area f
Regulation o f th* Influx of Natives could oe contro led (1 ) By ae- ^
curing the co-operation of Ilailway Officials in refusing to iuaue tic
to destinations in proclaimed areas, (2) Native Chiefs and ileadmen,
Police and other ^ovei’nment officials should be req u ln d to make
it widely and regularly known which are prohibited areas.
important to adviae Natives of the reason
It is
why such areas may not
be entered.
Question J 3 *
Section 3B of Act 26 o f 1945 pi'ovidea a suitable method
of dealing v ith redundant Natives,
Reverend Blaxail of "Nzazeleni’*
Ro<jdepoort, is the h«ad of an institution for deaf and blind Natives
who are taught handicrafts.
of excellent workmenahip.
The baskotwar# which is made there ia
If Municipal Authorities ( in tha
larger urban centres at any rate ) could start similar institutions
for aged and infira Nativaa, I see no reason why such concern©
ahoul
not pay for the upkeep of their inmates.
uetftion 17(b)-1
I consider that a properly
Bureaux practicable ..........
co-ordinated a.atem of l&bour
. . practicable and desirable*
u
These Bureax
woult' also be of
great advantage to the employer who would ba able to engage the right
type of labourer for hia particular business.
that Jwppens v-hon
a large urb.m area ?
a native is discharged frors service
in
?te reports to the r o is t e r in g authority from whon
he obtains a rt six days ” pasa to seek employment* Be then o o m 4nM A
to wander about U t n in hia quest for ttw class of wort; which he has
been accustomed to perform anci in which he is proficient*
!ie might
$
be unsuccessful afte- his six days wanderings and returns# to the pass
office for an extension*
'?hen he does eventually obtain work it is
more thun likely that he v<ill be a proper green hom on th>. work which
he hats accepted.
’e was probably withou income while he wau looking for
work and is compelled to e ccopt
any oraplojwneraL which is offered
to
him.
Labour Bureaux would probably absorb redundant natives* *he
use of such Bureaux should not be corapul ^ery.
established a Native will
to obtain
once a Bureau has been
julckly realise that he will there be able
aarly and suitable amployRient.
xiestlon .1.8(11
Native v*>rtera shou&i ha ve an unrestricted right u> sell
their laoour on til* beat Market.
I f the wage of the
flam worker i»
raised and he is allowed to keep a few head of ntock and have a piece
of 1 *11,* for himself he would
probably not seek pastures new.
There ia scope in Native rural
areas for masons, daia
buildsri», handymen, handicraft nssm, blackamlths an* perhaps also
gardeners.
In
Coloured
t h« Setlagoli Native Reserve ( Mafeking ) there are two
bl cksjuiths who have more than
waggons, carts anf-i plough®.
nurses.
The few Natl ffi
enough to do in repairing
is a Iso plenty 01 scope lor Native
nurses who qualify are quickly absorbed in
urban hospitals.
I f Natives could be trained ( in native areas ) in the trades
which I have mentioned thoro vould be
plenty of -'Cope for then to
develop^ their raeorvea and they v?ould live as t e ll as they would in
an urban area.
They probably
/ e s c h e w .... •
. . eschew
Native area* because urban areas becone too attractive
for then.
LiUfeation fto ,
I rsake
bold to say that 76-> of crin* committed in Urban
locations is directly or indirectly attributable
to liciuor.
In Mafeking th# Coloured it* the one who is invariably convicted
of supplying liquor to Jfetives or giving false addresser* to bottle
atorej.
in a rwcent
case a Coloured m m , convicted or * iv in ^ U ^ ljo
address, purchased on o r ^ d u y
o f gin and 1£ bottles of wine,
to
15 | bottle a of brandy, 3& bottles
These purchases entailed four visits
one bottle store and thirteen to another.
The District. <*xwmnlmt of p » a « , at East Londond told m
1 5 0 ,0 0 0
boi.tl«a as' liquor were sold in
Baat
that
Uiiidon In 1 B 4 4 . H a l f
tht. t quantity, he aaid m > purchssod by Colouradu, Irxliam. and those
Hutlvea who v;are entitled to purchase b e o u a e of their educational
qualifications.
The Coloufedu, Indian ana f qualified " Hativcia
in K m t London f o m a very small part of the non-Buropean population,
ao there »aa no need to hasarci a guess us to the ultiaata diapoaal
of the liquor.
It v,as out sel^osa that an Huropean was convicted of supplying
liquor to prohibited peraona.
The only method of curtailing the il l ic it liquor traffic is
to
require all non-Kuiw»pe«ns to be in possession of identity
e=srda.
to then.
These curds should have a photograph of the holder affijwd
$h* card w ill alao bear ths holder's signature.
cannot ai^n hiii n&me hie ihimk. print will appear U. oreon.
holder of ,*n identity card will
also J^ve a - letter of
I f he
The
purchase"
(bearing the aa«o nuuber of the id en U ty card) which will be soraawh^t similar to f o m w
636(b)
( M ag istrates lMtUir Qf x;MBptlon)
which is issued in terns of Section 101(3) of the Liquor Act.
I f the holder of an ioentity cord in convicted of a contraven
tion of
liquor laws,
thu Court should have power to suspend a
person’ s liquor supply form er tain periou or otherwise cancel th**
identity card.
Motorists who are convicted of driving raotor vehicles
fife41# under the Influence of liuuor nay have their licences suspended
ar cancelled, arid th re ia no reason why a class of person.. . . . .
• • person who abuses hiii privileges should not be subjected to
special legislation.
In
terms of the Arras and Ammunition Act no licence to
possess an arm shall be lssuad to ariy peroon other than an
European
without the approval of the Minister.
There seems
no reason why non-Europeans should not al30 be d IstAnguished
in regard to thr supply of liquor*
In the Beehuanaland protectorate no native
( not even
a Chief) may be in possession of liquor.
The District Commandant of Police at Hast Ijondon told me *
* The Police are touching only the fringe of the I l l i c i t liquor
traffic • "
Tlie card Identity system woul«i ensure proper control
of liquor supplies and thereby reduce the il l ic it liquor traffic
staff*
The penalties under the Liquor Act could be stiffened.
Section 3 2 (3 ) of the
Natives < Urban Areas) Act provides stlffer
penalties than those under the Liquor Act.
(Sfld)
m
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3 0 /8 /4 6 .
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that employers should contribute towards the
Native employee's 3ooial security. The employer
should help to safeguard him against old age,
sickness, accident* etc.*
ihe Native should hare the opportunity to acquire ownership
of both house and stand. The body which lends the Native
money for this purpose (the State or the Municipality) eould
safeguard their own interests; but sympathetic inquiries
should always be conducted when a Native falls in arrears,
and reasonable explanations for arrears should receive most
careful consideration. There should be very definite safe
guards against the exploitation of the Native.
It seems to us that squatting usually is the result of one
or more of the following:
a. Lack of accommodation;
b. High rents and low wages;
c. Visiting families and other visitors.
when men are
separated from their families for long reriods this is what
must be expeoted if accommodation is very limited.
But squatting would largely disappear as land is made
available for occupation and ownership.
We would strongly advise that the Hative Advisory Board be
elevated into a Location Council and given power by being
made responsible for the collection of Location dues, and
their expenditure, employing a Location Clerk, with duties
similar to those of a European Town Clerk,
The inhabitants
of the Location should also have direct representation on
the Town Council (probably an European whom they themselves
have elected.) The Location should be regarded as a ward
of the Town to which it is attached.
The Location Clerk should have at least Matriculation quali
fication or its equivalent. I f an European Loeation Super
intendent is necessary he should possess some Social Welfare
degree of a recognised University, give his whole time to
matters concerned with the Loeation, and be thoroughly con
versant with the main Bantu language or languages.
there should be or^ortunities for the employment of Natives
to serve Natives on the Hallway and in the lost Offices.
Answered under 6.
An improvement could be effected i f the
dues were collected by a Location Clerk under a properly
constituted Location Council. Mo dues should be collected
by impatient and unsympathetic European officials.
The Location might be divided into blocks, each with its
own foreman and his assistants.
These foremen would form
a sub-committee to the Location Council to whom they would \
be responsible, and from whom they would receive their
authority to keep law and order in their own particular
blocks. I f Natives are given more responsibility in their
own government they w ill be more interested in law and order.
Much ^resent trouble comes from* a “floating population" and
not from the permanent residents.
We wish to emphasise most strongly that
with regard to the maintenance of law
and order the rre3ent evil system of raids
by the Toliee at any hour of the night is
to be condemned. Innooent and respect
able Natives suffer in this way, and * respect for the Police hardly exists*
The Natives w ill never regard the Police-'
as their friends until these raids cease.
The right of the Police to search Natives
at any time is the cuuse of much ill-feeling
between Natives and Police, me also emphasise
that Natives aprrehended by the Police for
any cause whatsoever must not be treated as
criminals before they are tried in the proper
Courts.
Already answered under to.
The number of members of the Location Council (mentioned
under b) might well be twelve. Six might be appointed by
the Municipal Council, and six by the Location residents.
Educational qualifications alone should not qualify a
Native for membership. Integrity and common sense with
a knowledge of the Location should be the foremost quali
fications.
Natives should have ▼'ower to elect -ersons to represent
them on Town Councils for the following reasons:i.
Few employees *f the C uneil (e .g . the Looation
Surerintendent) wouia criticise the Council drast
ically i f necessary, or fully uphold the Natives*
viewpoint. He cannot afford to bite the hand that
feeds him.
ii.
The Natives would have confidence that their case
was being adequately stated,
iii.
The Natives would more easily learn the Town Council's
viewpoint, and learn about the Council's Location
plans.
iv. Kates and dues are collected from the Natives and this
in a democratic society entitles them to representatio:
It is generally unsatisfactory. Paid European officials
are often not sympathetic, and do not 3peak the Native
languages. Often the Native fears them in the same way
as he fears the Police. We believe that far greater
responsib ility
nT1
tEgisselves in the matter of their own government.
As the service oontract id Tart of the Pass system it
should be abolished, but i f it could be re-constituted
to fu lfil its T'rof'er function as security for both
emrloyer and employee then it might be retained, but
for this •nurr'ose alone.
The Pass Laws and masses should be abolished,
there should be no restriction on movement.
The following are root causes of the ingress of Natives
into urban areas:
a. Economic pressure in the country districts.
b. Overcrowding and drought in the Reserves.
c. Attractions of town l if e , both good and bad.
d. Schools and churohes lacking in the eountiy.
e. friends follow friends to town. The Native likes to
be in a crowd.
b.
Country conditions should be improved.
Since we believe, making all allowances for some
excellent exceptions, that the average wage received
by Native faro labourers in the Vryburg District, is
10/- a month plus rations of a meagre kind, we suggest
that an enquiry should tie made about conditions of
labour outside urban areas, particularly on farms.
Invalidity, Old Age, and Blind Pensions should be increased
Employers must contribute to give their Native employees
more social security.
The State must be more generous towards Homes and Instit
utions for aged, Infirm ,blind, deaf and dumb Natives. The
Societies and Churches whioh sponsor such places receive
far too little assistance.
It ought not to be nees 3 sary
for the blind and the deaf to beg in the streets.
A system which would enable men seeking work to find
suitable Job3 quickly would be acceptable. But i f labour
bureaux were established the Native should not be compelled
to use them.
A Native should be allowed to deoide for himself what work
he wishes to do. A controller of manpower is not necessary,
^ovemement regulations about wages are necessary in industry
Kecruitment offices serve a useful purposejbut the ignorant
Native must be safeguarded from exploitation.
Natives should have an unrestricted right to sell their
labour in the best market.
This should have a healthy effect upon all branches of
industry.
I f there is a shortage of labour (e.g ) on farms,
then conditions and wages etc., there must be made more
attractive. Conditions in the Native rural areas must not
be allowed to deteriorate to such an extent that the Native
is better off in the towns. The Native must be shown how
co farm in the best rossible manner. He ought not to be
forced by economic reasons to seek an additional income
to that whioh he ekes out from worn-ouir soil and overstocked
land. The Government has hardly tackled this problem.
Whilst we realise that the question bristles with difficulties
* e are mnclaxintigc unanimously against beerhalls, and advocate
inoreased facilities for private brewing.
I f the Natives were allowed increased facilities for private
brewing a lot of the trouble arising from illic it liquor
sales would disappear.
In our opinion the Pass System should be abolished, for it
is the root of ouch ill-feeling between Natives and the
Police. Not only is it most complicated and confusing, but
it is quite impossible to comnly with every law and regulatia
which is attached to it .
I f it is not possible to abolish it
entirely then everything necessary should be stated on ONE
identification card whioh should apply to all male citizens.
We favour abolition.
Reasons
a. Abolition *onl« flis-el a lot of the ill-feeling between
Natives and the Police.
b. The *ass is a wea on of raoial discrimination.
o. ihe Pass law proclaims the European fear of the black
majority.
d. Ihe Pass Laws Interfere with movement.
e. The Pass Laws often militate against the Native selling hte
labour in the best market.
* •*
f. The "Pass Laws often send innocent Natives to prison,
where they learn how to become criminals.
23.
»*e favour *n identification card for ever;; male citizen, if
it is iamossible to abolish entirely the Pass system.
24.
Migratory labour ^rea s u^- family life and mates the rrorer
urbringins of children imrossible. This is one of the causes
of Juvenile delinquency. It is also wasteful because it is
not a permanent labour force and therefore never gains full
efficiency. lime in travelling, and money are wasted,
families are broken up and both wives and husbands are liable
to form illic it unions.
Often a husband in the town fails to
support hia family at home.
The aim should be to create a permanent labour force living
with their families near their place of work.
2j>.
i»e much prefer home quarters for families and a gradual doing
away with the compound system, There is probably enough labowjr
in the Union i f It were properly utilised. The bringing in of
extra-territorial labour depresses the wage level to the
advantage of the Mines.
26.
When Mining o erations on a large scale begin in the Free
State we ho’-e that the same mistakes will not be made as in
the past. Moflel villages for Natives might well grow u p
round the Mines. The initial cost of the housing would be bourne
bjc the Mines, but schemes could be 3et u p which would enable
the Mative miner to become an owner of house and land. Here
would grow ur a permanent labour battalion with their families.
The stabalisation of the porulation in this way would have a
healthy effect, and lawless elements would be more easily
controlled.
27.
Endeavours to improve the present system are but palliative
measures. They solve no problem. The system is wrong and
w ill have to go,
2b.
I f model townships were established a great part of the
recruiting system would disappear. The present system is
not benefivial to the family.
*9.
A great endeavour should be made to urbanise the whole
labour force needed in industry. Opport nities should be
given the Native for training in skilled work, and proficiency
in skilled jobs should have its due reward.
u * a cowirtssiow or gs.a?i.tY
tf&morandum presented by the Cape District of the S .A . Communist Party
20th. September, 1946,
The very fact of the app intment of t e
Native Laws Corate ion
Of .Enquiry is lux in itself an admission of national dit quiet* at tht
realisation of the failure of the special legislation wh ch applies
exclusively to the majority of the population of South Africa, the
Afrit en people, this realisation expresses itself differently among
different sections of the population* the vast majority of th* African
peo le are bittarly opposed to legislation which is for the most part
of a restrictive character! a section of the Kuroprams, and «i very
vocal section, actively ®3Jtea propaganda for stricter racial sanctions
and tighter icontrol.
It is? the view of the Communist Party that the only solution, both
in the interests of racial harmony, and of the economic progress of
South Africa, is acceptance of the African as a citisen subject to the
Common Law.
To m.ke our position clear, we quote from our Program®#, the f irtst
three points of which aret
£i:.:
1. The establishment of vn independent, detnoc ticxMaqsJcsl necublic
in wiuch all adults, regardless of race, colour or sex, shall have the
ri#?ht to vote for ^nd be elected to I-srliasentary, Provincial, Municipal
and other representative bodies*
2. The guarantee to all citizens Of frsedom of religion, speech,
pres , a. sembly and organisation. The repeal of -uch repressive laws
as; the Riotous Assemblies Act, the anti-strike laws and the Native
Administration Act.
3 . Freedom of movement for all citisens, including the right to
live where they please.
1___ o
I
r.
ns
ti m
r
Acceptance of the African as u citizen sub jet t ta t: e Common Law v
would answer many f t e questions » t forth in the vtrv, helpful questionm-ire drawn up by t p Co mission. Obviously, however, many quest! ns
o^paMe of immediate solution within tie present political f^ mework
do arise.
Hoyrinp: i
Most importunt is t h t of housing, for it is our «l*w that
the so-called Native
"influx* is essentially a housing problem. As
far a- Cape Town is concerned, it is the City Co n c il's f ilure to
carry out its housing sxaxfcjU* programme which is considerably to blame
for the problems created by the shantytowns on the outskirts of the
city and the overcro ding in its working class suburb*.-• In 1923 the
Council planned to *k414
fat i^anga, planning a township
capable of «xtenuion to 12,000 houses. In 1946, in spite of the City’ s
expansion and its industrial development in the int^rvt-nini? period,
the figure of 12,0 0 hmaaa has not yet been reached.
In 1936 a loan w- s sanctioned for the building of married
rtern, bu building did not start until 1941. Hie delay, durin* which
tfce need lor huusing increased alid building costr went up, sp e:.rB to
have been due to the Council's hoping to be allowed to eBt&blish a
municipal beer hall and with its* profits to a void the loss of 1£
percent entailed in the Covernment’ s sub-economic building tchiime.
It Is thus an error, freKjuently made, fee view the . resent housing
situation os due to temporary war-time demand for la ho r for
military contracts and the harbour reclamation s cheme. Thousands
of urbanised Africans, on whose labour the city defends, are living
la conditions which make decent living an Impossibility.
ftaergency Houslnr The City Council's housing policy is too conser
vative to meet the urgent needs of to-day. The preservation of
high building standards* with the resultant expenditure of
approximately |tl,0QG on a throe-roomed houae at langa, means (a)
inevitable restrict ion on the number of houses which can be built
(b) rents hlg.wr than low wageOearners can afford.
We suggest that the large number of Army hits now standing empty
could be used to help to meet the housing orisIsi that departments
building t»y the City Council should mean reduced costs) that simple
standardised plans for housing bo provided by the Oovernment.
The
latter would enai-le houses to be provided, built largely with semi
skilled and unskilled labour, material and supervision being
provided by the Municipality.
There Is urgent need for more experiment in building methods.
There is , for instance, the need for experiment with the clay
block, used with success in Germany but as far as we are aware not
yet tried o t in this country. This moans a blsrer brick, hollow,
easy to handle, resulting in speedier construction.
would
refer the Commission to rimciples of Modern Buildinr, Vol. 1 , issue
by the ^ritish Building fiesearch Station and published by H.M.
Stationery O ffice.
should devolve mainly upon the loca
authorities.
At is also our opinion that African, s should be free
to build for themselves. We would earnestly suggest tha need for
modification of the present housing regulations In order to end> le
Africans to ereot houaia for thaaselvos, subject to certa n
minimum standards and conformance with essential health regulations.
We are opposed to the provision of housing by employers, as
leading to the compound system and to the insecurity of "tied
houses .
3 (b ) It is our view that the industrial colour bar Is holding
back the development of fcta country* Training aid opportunities for
Afrlaaas to become skilled workers are eseentlal to South Africa* s
advance and to the development of the home market.
3 (c ) The main cost o f housing the African worker should fa ll on
the Government, which is the chief taxing body* The burden has
become too great for local authorities to carry, ibis We would
emphasise that sub-economic housing, begrudged bv many of the
bigger ratepayers* is the price paid for low wages. A higher
averseewege for the unskilled and semi-skilled workers would
obviate the need for sub-economic housing.
4* We are in f a o u r of Africans owning their ewn homes* We do not
-understand what is meant by ”saf eg lards", and only support the
restrictions iai.osed by health regulations, We do not support
any r strict ions based on racialism.
5i Conditions in the Native Territories, which are overcrowded,
strlken by poverty and drought, have forced many Africans to come
to tha cities in sear h of employment. It is our opinion that the
only solution to squatting is the provieion of housing. This
could be done if it were set about with a w ill and if vested
interests were & not allowed to obtrude. We are oopoaed to eviction
as setti n g no problems.
6 ' ( a ) : The system of appointment by urban authorities
should be on
merit andnot on ra c e . P a rtic u larly where the adm inistration is concerned
w ith dealing w ith A fr ic a n s , it is our opinion that every opportunity
be given for
the employment of A fr ic a n s . There are today many
Educated Africans unable to fin d employment except as teachers who
would take advantage of such openings as could be provided by urban
authorities.
6(b)
It is our opinion that the adm inistration of A fric an townships
should be in the hands of A fr ic a n s , which would provide more opportunities
for employment for c le r ic a l and other workers.
It is notable that the
recommendations
of the Smit Report in this respect have not been put
into e ffe c t .
7 : As landlord, the local authority should not be able to use any
other than the usual legal channels for the co llectio n of arrear r e n t.
8 :
We would quote John Stuart M il l - The cure fo r the abuse of liberty
is more lib e r t y . I f the A fric an had opportunities fo r advance, i f he
occupied adm inistrative posts, i f h is elected representatives had
executive authority the co-operation of the vast majority ofthe A fr ic a n
people
for the maintenance of law, order and good governemnt would be
secured.
6 (a) and (b) i Africans should administer their townships - or locatinnsthrough elected local management boards. As m unicipal voters they
should have direct representation on the local urbancouncil.
10 : This questi n is answered in Point 1 of the Communist P a r t y 's
Programme. The reason of our support for the adult franchise is that
it is an elementary princip le of democracy.
11 :
The foregoing proposals for adm inistration reform would obviate
many reasons f or d is s a t is fa c t io n . I f Africans were on the municipal
voters r o ll, for instancy
more attention would be paid, to their needs,
and more social amenities would be provided — in which urban locations
are stdly lacking.
Registration :
We are opposed to any form of re g is tr a tio n ,
that necessitated by th e
fr a n c h is e , r a tio n in g , e t c .
other than
The Old and In f inn
:
Provision for old and irifimr Europeans is
very inadequate. Por Non- Europens i t is p ractically non-existent.
This can ohly be remedied by the provision of a dequate old age and
invalid pensio s.
Labour Bureaux : Labour bureaux
should be established at a number of
other centres in the Native T errito rie s, at which information could be
obtained.
The use of such bureaus should not be compulsory.
18 :
We aupport the right of a l l workers to sell th eir labour in t he b est
market.
This fundamental democratic p r i n c ip l e 's ap lic a tio n to the A f r i
can workers would n e cessarily a ffe c t both mines and farms, but would
force mine employeBS
and farmers to pay higher wages and improve working
conditions#
19 i Home breweing is tra d itio n a l to the A frican people. We a restro n gly
oppoesed to municipal beer brewing. It is our view that as w ith other
sections of the population the provision ofmore social amenities , a s
well as enabling those who want drink to obtain it
in decent surroundings
would go far to end the I l l i c i t racketerring and drunkenness.
Passes : The Pass Laws make crim inals
of hundreds of thousands of A fr ic a
ns ifor committing what is purely statutory offence. They result in South
Africas gaols being f i l l e d witbmen who are not crim inals. They inculcate
bitter resentment against the Governement and it s o ffic e r s . The abo litio n
of the Pass Laws would do a great deal to establish the harmonious race
relations which are v it & l l y necessary to the welfare of Souh A f r ic a ,
Such discriminatory r a i c i a l lwas
savour more of N azi G ermany than of
a country plesed to consider i t s e l f a democracy.
■r * '
<>'•
on fcnWw' ros of unskilled workers throu bout the country. The
Native Territories are agriculturally backward very largely becausa
there are few farmer* In the accepted sens© of the word* Agriculture
is left to woman, children and old men. ^ere there vital statistics
for the African people we ere convinced this w ouldreflect itself
in tfc® maternal mortality rate, for the lack of able-bodied man in
the Territories necessitates woman working in the fields and
carry in heavy loads until very advanced in pregnancy. It al*®
results in children not attending school owing to their duties In
tending the cattle*
\
.
It is obvious that the break-up of family life implicit in
migratory labour results in Illic it unions, the spread of disease,
and generally has a demoralising Influence*
It is our opinion that workers and tfceir families should live near
to their place of w rkJ that the compound sv*tea should he abolished
and the m inatory aystara ended. This w?>uld force the mines to
rationalise, to int oduce more advanced mechanical methods, and to
work the higher grade mines. , An industry which can only continue
to exist on the basis of underpaid, migrant labour should have no
place in our economy* It Is too expansive In Its effect* on the
country1* most valuable asset, Its people#
27* m i l e the pre*ent system continues it is our view that every
facility should be provided In the way of special travelling «<*
leave faeill iea to enable the mlneworkers to maintain contact with
their hones•
We are opposed to the preaent sy*tem of recruiting, which 1* ooen
to ebusel
If the daraands of the African Mir.eworker* tmion were met
in regard to tm^es, better food iknd improved liv ing condition*
there woo Id be no necessity for b e present reorutttg methods*
FOB *£81 CAPE DISTBICP COMIITT^E
of t h e com rais? party o * s . a .
BKTTT SACHS
LUCAS PHILLIVS
i .o . Ham ITCH
\\
Collection Number: AD1715
SOUTH AFRICAN INSTITUTE OF RACE RELATIONS (SAIRR), 1892-1974
PUBLISHER:
Collection Funder:- Atlantic Philanthropies Foundation
Publisher:- Historical Papers Research Archive
Location:- Johannesburg
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