 |
Every one was feeling the pressure of their legislative duties. Was this the time, therefore, for passing a measure of such a far-reaching character, and where every clause demanded the most careful consideration and scrutiny? Was it the right thing because he had a majority at his back for the Minister to say that they must get this Bill through this session? He held that this was not right. It was not fair to those who had the solution of the question at heart. (Cheers.)
SIR E. H. WALTON (Port Elizabeth, Central) said he entirely supported the amendment of the hon. member for Queen's Town. He had a telegram from a mass meeting of Natives held in Port Elizabeth, in which they hoped that the House would postpone decision on this question until the Commission had sat and reported. That seemed to him an entirely reasonable request, and it seemed all the more necessary that this should be done on account of the very large alterations that it had been found necessary to make in the Bill.
They had native protests from all parts of South Africa against this measure, and when one saw what was proposed in this Act, they could not wonder at these protests. (Hear, hear.) Therefore he put it that these protests should receive fair consideration from members on all sides of the House. Legislation of this kind was unfortunate from the point of view of the Natives. The more intelligent of the Natives in this country were asking for time. They said: "You are putting this thing upon us, give us time to consider it. Allow this Commission to get to work, allow this Commission to put before us the provisions you are going to make for us, and when this is done we will submit to anything that is fair." No man, and the Native was just a man like the rest of us, liked the old arrangements to be disturbed, because it upset him, and the Native might oppose it, because he was frightened. They must admit that they had not given the native leaders and chiefs an opportunity to come down to Cape Town and give their views. It was unfortunate that this measure had been more or less rushed. There was no mention of it in the Governor-General's speech, and therefore the Natives were not prepared for the consideration of the question.
MR. M. ALEXANDER (Cape Town, Castle) said he was still of opinion that a very dangerous principle was introduced in the Bill, especially so far as the Cape was concerned. In the speech delivered by the Governor-General at the opening of the session there was not the slightest reference to the present measure, which apparently had been brought in as an afterthought, and something must have occurred after the Governor-General's speech was delivered, otherwise one could not conceive of such an important Bill being omitted from the speech. As it was the Bill would simply hang things up until the Commission reported, and now the House would be legislating in the dark. The vast majority of Natives had declared themselves to be against the Bill. He had had no desire whatever that party capital should be made out of the measure — (hear, hear) — but he desired to see a measure which would bear the mark of statesmanship, and not of panic and hurry. Their Commission could report before next session, and then in the early stages of the session a Bill could be introduced and be adopted on its merits. In the interests of South Africa, in the interests of the Natives, and in the interests of just legislation let the Government withdraw the Bill, and appoint a Commission, and then justice and not injustice would be done. (Hear, hear.)
DR. A. H. WATKINS (Barkly) said that there was a tacit understanding that the Minister would refer this Bill, if he were not prepared to accept a purely temporary measure, to a Select Committee. During the three years of the Union Parliament every matter practically dealing with Natives had been brought before the Select Committee on Native Affairs and their opinion had been asked. For some reason, which it was difficult for him to understand, the Minister had not seen fit to carry out that course. Sixteen days had elapsed since the second reading of this Bill was taken on which the Select Committee could have sat morning after morning and dealt with the Bill.
The necessity of passing only a temporary measure instead of appearing to pass a measure which would permanently deal with this question, was more evident to-night than when they took the second reading.
MR. H. M. MEYLER (Weenen) said that he would support the motion of Sir Bisset Berry. He thought it would be a great injustice to the Natives, and especially the Natives of Natal, who really knew nothing of this measure, to force it through now. Since the second reading, his attention had been drawn to certain provisions in this Bill, which made it more dangerous still to hurry legislation, because he found that, although there was an exemption in the Bill as regarded agreements lawfully entered into, the vast majority of the agreements at present in force amongst the Natives of Natal were not strictly lawful, according to their Statute law. As they had no less than 380,000 Natives squatting on private lands in Natal, according to the Minister's own figures, it would be a fatal mistake to do anything to upset these people, until they had something ready to provide for them instead. The difficulty was that under the Natal law no oral contract was binding for more than twelve months, and many of those squatters had not got oral contracts, but were more or less on sufferance on the farms. It would be a great danger to pass legislation which would lead to the moving of a large portion of these people before they got an inch of land provided for their use. He objected to legislation being brought forward too hurriedly, and when they had got 4 1/2 millions of Natives, only an infinitesimal portion of whom could possibly know the nature of the Bill, and seeing that it affected them as well as the white population, they had a perfect right to have it explained to them by the Government officials and let their members of Parliament for the divisions in which they lived give their opinions on the question. That would take months, and it was impossible to get a proper opinion of the Natives until hon. members had been away from the House for some time. The Right Hon. the Prime Minister admitted they should stand as the guardians of the Natives, and admitted that they should go slowly, and he hoped the hon. Minister would be willing to reconsider the Bill and allow it to be put off, and let them have an interim report, at any rate, from the Commission, before they were asked to pass legislation in that matter. ==
The Bill was contested at every stage and numerous divisions were challenged. In each instance, the Speaker would put the Question, and the "steam-roller" would go to work with the inevitable result. The division lists ranged from 17 against 71 to 32 against 60, the majority in each case being in favour of repression. It would be just as well to give at least one of these division lists. The English names in the majority are those of some Natal members (Ministerialists) or representatives of purely Dutch constituencies: —
DIVISION
Dr. A. H. Watkins (Barkly) called for a division, which was taken with the following result.
AYES — 32.
Andrews, William Henry Baxter, William Duncan Berry, William Bisset Blaine, George Boydell, Thomas Brown, Daniel Maclaren Creswell, Frederic Hugh Page Duncan, Patrick Fawcus, Alfred Fitzpatrick, James Percy Henderson, James Henwood, Charlie Hunter, David Jagger, John William King, John Gavin Long, Basil Kellett Macaulay, Donald Madeley, Walter Bayley Meyler, Hugh Mowbray Nathan, Emile Oliver, Henry Alfred Quinn, John William Rockey, Willie Runciman, William Sampson, Henry William Schreiner, Theophilus Lyndall Searle, James Smartt, Thomas William Walton, Edgar Harris Watkins, Arnold Hirst
Morris Alexander and J. Hewat tellers.
NOES — 57.
Alberts, Johannes Joachim Becker, Heinrich Christian Bosman, Hendrik Johannes Botha, Louis Brain, Thomas Phillip Burton, Henry Clayton, Walter Frederick Cronje, Frederik Reinhardt Currey, Henry Latham De Beer, Michiel Johannes De Jager, Andries Lourens De Waal, Hendrik Du Toit, Gert Johan Wilhelm Geldenhuys, Lourens Graaff, David Pieter de Villiers Griffin, William Henry Grobler, Evert Nicolaas Grobler, Pieter Gert Wessel Joubert, Christiaan Johannes Jacobus Joubert, Jozua Adriaan Keyter, Jan Garhard Kuhn, Pieter Gysbert Lemmer, Lodewyk Arnoldus Slabbert Maasdorp, Gysbert Henry Malan, Francois Stephanus Marais, Johannes Henoch Marais, Pieter Gerhardus Merriman, John Xavier Meyer, Izaak Johannes Myburgh, Marthinus Wilhelmus Neethling, Andrew Murray Neser, Johannes Adriaan Nicholson, Richard Granville Oothuisen, Ockert Almero Orr, Thomas Rademeyer, Jacobus Michael Sauer, Jacobus Wilhelmus Serfontein, Hendrik Philippus Smuts, Jan Christiaan Smuts, Tobias Steyl, Johannes Petrus Gerhardus Steytler, George Louis Theron, Hendrik Schalk Theron, Petrus Jacobus George Van der Merwe, Johannes Adolph P. Van der Walt, Jacobus Van Eeden, Jacobus Willem Van Heerden, Hercules Christian Venter, Jan Abraham Vermaas, Hendrik Cornelius Wilhelmus Vintcent, Alwyn Ignatius Vosloo, Johannes Arnoldus Watt, Thomas Wilcocks, Carl Theodorus Muller Wiltshire, Henry
H. Mentz and G. A. Louw, tellers.
Chapter III The Natives' Land Act
I blush to think that His Majesty's representative signed a law like this, and signed it in such circumstances. Rev. Amos Burnet (Chairman and General Superintendent of the Transvaal and Swazieland District, Wesleyan Methodist Church).
Up to now we have dealt with the history of the Land Act from its commencement, and all the speeches and official documents we have mentioned hitherto say nothing about restricting Europeans in their ownership of land. And no matter what other principles one might read into the Act, it would be found that the principles underlying it were those of extending the "Free" State land laws throughout the Union — an extension by which Natives would be prohibited from investing their earnings in land whereon they could end their days in peace.
There seems to be good reason for believing that the Government were advised, by the legal advisers of the Crown, that the Natives' Land Bill would be class legislation of a kind that would never be allowed by His Majesty's Government. The originators of the Bill, however, were determined so to circumvent the constitutional quibble raised by the legal advisers as to seal our doom; and by adroitly manipulating its legal phrases, it seems that it was recasted in such a manner as to give it a semblance of a paper restriction on European encroachment on native rights. But class legislation the Act is, for whereas in his travels about South Africa, since the passing of this Act, the author has met many a native family with their stock, turned out by the Act upon the roads, he never met one white man so hounded by the same Act, and debarred from living where he pleased.
The squatters form a particular section of the community specifically affected by the Land Act; and there is no such person in South Africa as a white squatter. Although it is insistently affirmed that the law applies both to Europeans and Natives, the conclusion cannot be avoided that it is directed exclusively against the Native. This is the naked truth that turns all other explanations of the fact into mere shuffling and juggling. And the reader will find that in Section 11, at the end of the statute which is here reproduced (whether the omission of Europeans was a mistake of the Parliamentary draftsmen, or the printers, we know not), it is expressly stated that "this Act may be cited for all purposes as the NATIVES' Land Act, 1913." Who, then, will continue to argue that it was intended for Europeans as well?
== No. 27, 1913.]
ACT TO Make further provision as to the purchase and leasing of Land by Natives and other Persons in the several parts of the Union and for other purposes in connection with the ownership and occupation of Land by Natives and other Persons.
Be it enacted by the King's Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows: —
1. (1) From and after the commencement of this Act, land outside the scheduled native areas shall, until Parliament, acting upon the report of the commission appointed under this Act, shall have made other provision, be subjected to the following provisions, that is to say: —
Except with the approval of the Governor-General —
(a) a native shall not enter into any agreement or transaction for the purchase, hire, or other acquisition from a person other than a native, of any such land or of any right thereto, interest therein, or servitude thereover; and
(b) a person other than a native shall not enter into any agreement or transaction for the purchase, hire, or other acquisition from a native of any such land or of any right thereto, interest therein, or servitude thereover.
(2) From and after the commencement of this Act, no person other than a native shall purchase, hire or in any other manner whatever acquire any land in a scheduled native area or enter into any agreement or transaction for the purchase, hire or other acquisition, direct or indirect, of any such land or of any right thereto or interest therein or servitude thereover, except with the approval of the Governor-General.
(3) A statement showing the number of approvals granted by the Governor-General under sub-sections (1) and (2) of this section and giving the names and addresses of the persons to whom such approvals were granted, the reasons for granting the same, and the situation of the lands in respect of which they were granted, shall, within six weeks after the commencement of each ordinary session of Parliament, be laid upon the Tables of both Houses of Parliament.
(4) Every agreement or any other transaction whatever entered into in contravention of this section shall be null and void ab initio.
2. (1) As soon as may be after the commencement of this Act the Governor-General shall appoint a commission whose functions shall be to inquire and report —
(a) what areas should be set apart as areas within which natives shall not be permitted to acquire or hire land or interests in land;
(b) what areas should be set apart as areas within which persons other than natives shall not be permitted to acquire or hire land or interests in land.
The commission shall submit with any such report —
(i) descriptions of the boundaries of any area which it proposes should be so set apart; and
(ii) a map or maps showing every such area.
(2) The commission shall proceed with and complete its inquiry and present its reports and recommendations to the Minister within two years after the commencement of this Act, and may present INTERIM reports and recommendations: Provided that Parliament may by resolution extend (if necessary) the time for the completion of the commission's inquiry. All such reports and recommendations shall be laid by the Minister, as soon as possible after the receipt thereof, upon the Tables of both Houses of Parliament.
3. (1) The commission shall consist of not less than five persons, and if any member of the commission die or resign or, owing to absence or any other reason, is unable to act, his place shall be filled by the Governor-General.
(2) The commission may delegate to any of its members the carrying out of any part of an inquiry which under this Act it is appointed to hold and may appoint persons to assist it or to act as assessors thereto or with any members thereof delegated as aforesaid, and may regulate its own procedure.
(3) The reports and recommendations of the majority of the commission shall be deemed to be the reports and recommendations of the commission: Provided that any recommendations of any member who dissents from the majority of the commission shall, if signed by him, be included in any such report aforesaid.
(4) The commission or any member thereof or any person acting as assistant, or assessor, or secretary thereto may enter upon any land for the purposes of its inquiries and obtain thereon the information necessary to prosecute the inquiries. The commission shall without fee or other charge have access to the records and registers relating to land in any public office or in the office of any divisional council or other local authority.
4. (1) For the purposes of establishing any such area as is described in section TWO, the Governor-General may, out of moneys which Parliament may vote for the purpose, acquire any land or interest in land.
(2) In default of agreement with the owners of the land or the holders of interests therein the provisions of the law in force in the Province in which such land or interest in land is situate relating to the expropriation of land for public purposes shall apply and, if in any Province there be no such law, the provisions of Proclamation No. 5 of 1902 of the Transvaal and any amendment thereof shall mutatis mutandis apply.
5. (1) Any person who is a party to any attempted purchase, sale, hire or lease, or to any agreement or transaction which is in contravention of this Act or any regulation made thereunder shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred pounds or, in default of payment, to imprisonment with or without hard labour for a period not exceeding six months, and if the act constituting the offence be a continuing one, the offender shall be liable to a further fine not exceeding five pounds for every day which that act continues.
(2) In the event of such an offence being committed by a company, corporation, or other body of persons (not being a firm or partnership), every director, secretary, or manager of such company, corporation, or body who is within the Union shall be liable to prosecution and punishment and, in the event of any such offence being committed by a firm or partnership, every member of the firm or partnership who is within the Union shall be liable to prosecution and punishment.
6. In so far as the occupation by natives of land outside the scheduled native areas may be affected by this Act, the provisions thereof shall be construed as being in addition to and not in substitution for any law in force at the commencement thereof relating to such occupation; but in the event of a conflict between the provisions of this Act and the provisions of any such law, the provisions of this Act shall, save as is specially provided therein, prevail:
Provided that —
(a) nothing in any such law or in this Act shall be construed as restricting the number of natives who, as farm labourers, may reside on any farm in the Transvaal;
(b) in any proceedings for a contravention of this Act the burden of proving that a native is a farm labourer shall be upon the accused;
(c) until Parliament, acting upon the report of the said commission, has made other provision, no native resident on any farm in the Transvaal or Natal shall be liable to penalties or to be removed from such farm under any law, if at the commencement of this Act he or the head of his family is registered for taxation or other purposes in the department of Native Affairs as being resident on such farm, nor shall the owner of any such farm be liable to the penalties imposed by section FIVE in respect of the occupation of the land by such native; but nothing herein contained shall affect any right possessed by law by an owner or lessee of a farm to remove any native therefrom.
7. (1) Chapter XXXIV of the Orange Free State Law Book and Law No. 4 of 1895 of the Orange Free State shall remain of full force and effect, subject to the modifications and interpretations in this section provided, and sub-section (1) (a) of the next succeeding section shall not apply to the Orange Free State.
(2) Those heads of families, with their families, who are described in article TWENTY of Law No. 4 of 1895 of the Orange Free State shall in the circumstances described in that article be deemed to fall under the provisions of Ordinance No. 7 of 1904 of that Province or of any other law hereafter enacted amending or substituted for that Ordinance.
(3) Whenever in Chapter XXXIV of the Orange Free State Law Book the expressions "lease" and "leasing" are used, those expressions shall be construed as including or referring to an agreement or arrangement whereby a person, in consideration of his being permitted to occupy land, renders or promises to render to any person a share of the produce thereof, or any valuable consideration of any kind whatever other than his own labour or services or the labour or services of any of his family.
8. (1) Nothing in this Act contained shall be construed as, —
(a) preventing the continuation or renewal (until Parliament acting upon the report of the said commission has made other provision) of any agreement or arrangement lawfully entered into and in existence at the commencement of this Act which is a hiring or leasing of land as defined in this Act; or
(b) invalidating or affecting in any manner whatever any agreement or any other transaction for the purchase of land lawfully entered into prior to the commencement of this Act, or as prohibiting any person from purchasing at any sale held by order of a competent court any land which was hypothecated by a mortgage bond passed before the commencement of this Act; or
(c) prohibiting the acquisition at any time of land or interests in land by devolution or succession on death, whether under a will or on intestacy; or
(d) preventing the due registration in the proper deeds office (whenever registration is necessary) of documents giving effect to any such agreement, transaction, devolution or succession as is in this section mentioned; or
(e) prohibiting any person from claiming, acquiring, or holding any such servitude as under Chapter VII, of the Irrigation and Conservation of Waters Act, 1912, he is specially entitled to claim, acquire, or hold; or
(f) in any way altering the law in force at the commencement of this Act relating to the acquisition of rights to minerals, precious or base metals or precious stones; or
(g) applying to land within the limits in which a municipal council, town council, town board, village management board, or health committee or other local authority exercises jurisdiction; or
(h) applying to land held at the commencement of the Act by any society carrying on, with the approval of the Governor-General, educational or missionary work amongst natives; or
(i) prohibiting the acquisition by natives from any person whatever of land or interests in land in any township lawfully established prior to the commencement of this Act, provided it is a condition of the acquisition that no land or interest in land in such township has at any time been or shall in future be, transferred except to a native or coloured person; or
(j) permitting the alienation of land or its diversion from the purposes for which it was set apart if, under section ONE HUNDRED AND FORTY-SEVEN of the South African Act, 1909, or any other law, such land could not be alienated or so diverted except under the authority of an Act of Parliament; or
(k) in any way modifying the provisions of any law whereby mortgages of or charges over land may be created to secure advances out of public moneys for specific purposes mentioned in such law and the interest of such advances, or whereunder the mortgagee or person having the charge may enter and take possession of the land so mortgaged or charged except that in any sale of such land in accordance with such law the provisions of this Act shall be observed.
(2) Nothing in this Act contained which imposes restrictions upon the acquisition by any person of land or right thereto, interests therein, or servitudes thereover, shall be in force in the Province of the Cape of Good Hope, if and for so long as such person would, by such restrictions, be prevented from acquiring or holding a qualification whereunder he is or may become entitled to be registered as a voter at parliamentary elections in any electoral division in the said Province.
9. The Governor-General may make regulations for preventing the overcrowding of huts and other dwellings in the stadts, native villages and settlements and other places in which natives are congregated in areas not under the jurisdiction of any local authority, the sanitation of such places and for the maintenance of the health of the inhabitants thereof.
10. In this Act, unless inconsistent with the context, —
"scheduled native area" shall mean any area described in the Schedule to this Act;
"native" shall mean any person, male or female, who is a member of an aboriginal race or tribe of Africa; and shall further include any company or other body of persons, corporate or unincorporate, if the persons who have a controlling interest therein are natives;
"interest in land" shall include, in addition to other interest in land, the interest which a mortgagee of, or person having charge over, land acquires under a mortgage bond or charge;
"Minister" shall mean the Minister of Native Affairs;
"farm labourer" shall mean a native who resides on a farm and is bona fide, but not necessarily continuously employed by the owner or lessee thereof in domestic service or in farming operations:
Provided that —
(a) if such native reside on one farm and is employed on another farm of the same owner or lessee he shall be deemed to have resided, and to have been employed, on one and the same farm;
(b) such native shall not be deemed to be bona fide employed unless he renders ninety days' service at least in one calendar year on the farm occupied by the owner or lessee or on another farm of the owner or lessee and no rent is paid or valuable consideration of any kind, other than service, is given by him to the owner or lessee in respect of residence on such farm or farms.
A person shall be deemed for the purposes of this Act to hire land if, in consideration of his being permitted to occupy that land or any portion thereof —
(a) he pays or promises to pay to any person a rent in money; or
(b) he renders or promises to render to any person a share of the produce of that land, or any valuable consideration of any kind whatever other than his own labour or services or the labour or services of his family.
11. This Act may be cited for all purposes as the Natives' Land Act, 1913. ==
The foregoing result of a legislative jumble is "the law", and this law, like Alexander the coppersmith, "hath done us much harm". Mr. Sauer carried his Bill less by reason than by sheer force of numbers, and partly by promises which he afterwards broke. Among these broken promises was the definite assurance he gave Parliament that the Bill would be referred to the Select Committee on Native Affairs, so that the Natives, who are not represented in Parliament, their European friends and the Missionary bodies on behalf of the Natives, could be able at the proper time to appear before this committee and state any objection which they might have to the Bill. But when that time came, the Minister flatly refused to refer it to the committee. This change of front is easily explained, because the weight of evidence which could have been given before any Parliamentary committee would have imperilled the passage of the Bill.
As might have been expected, the debate on the Bill created the greatest alarm amongst the native population, for they had followed its course with the keenest interest. Nothing short of a declaration of war against them could have created a similar excitement, although the hope was entertained in some quarters, that a body of men like the Ministerialists in Parliament (a majority of whom are never happier than when attesting the Christian character of their race) would in course of days attend the Holy Communion, remember the 11th Commandment, and do unto others as they would that men should do unto them. Our people, in fact a number of them, said amongst themselves that even Dutchmen sing Psalms — all the Psalms, including the 24th; and, believing as they did that Dutchmen could have no other religion besides the one recommended in the New Testament and preached by the predikants of the Dutch Reformed Church, were prepared to commend their safety to the influence of that sweet and peaceable religion. However, some other Natives, remembering what took place before the South African war, took a different view of these religious incidents. Those Natives, especially of the old Republics, knew that the only dividing fence between the Transvaal Natives and complete slavery was the London Convention; they, therefore, now that the London Convention in fact had ceased to exist, had evil forebodings regarding the average Republican's treatment of the Natives, which was seldom influenced by religious scruples, and they did not hesitate to express their fears.
Personally we must say that if any one had told us at the beginning of 1913, that a majority of members of the Union Parliament were capable of passing a law like the Natives' Land Act, whose object is to prevent the Natives from ever rising above the position of servants to the whites, we would have regarded that person as a fit subject for the lunatic asylum. But the passing of that Act and its operation have rudely forced the fact upon us that the Union Parliament is capable of producing any measure that is subversive of native interests; and that the complete arrest of native progress is the object aimed at in their efforts to include the Protectorates in their Union. Thus we think that their sole reason for seeking to incorporate Basutoland, Swaziland and Bechuanaland is that, when they have definitely eliminated the Imperial factor from South Africa, as they are unmistakably trying to do, they may have a million more slaves than if the Protectorates were excluded.
In this connexion, the realization of the prophecy of an old Basuto became increasingly believable to us. It was to this effect, namely: "That the Imperial Government, after conquering the Boers, handed back to them their old Republics, and a nice little present in the shape of the Cape Colony and Natal — the two English Colonies. That the Boers are now ousting the Englishmen from the public service, and when they have finished with them, they will make a law declaring it a crime for a Native to live in South Africa, unless he is a servant in the employ of a Boer, and that from this it will be just one step to complete slavery." This is being realized, for to-day we have, extended throughout the Union of South Africa, a "Free" State law which makes it illegal for Natives to live on farms except as servants in the employ of Europeans. There is another "Free" State law, under which no Native may live in a municipal area or own property in urban localities. He can only live in town as a servant in the employ of a European. And if the followers of General Hertzog are permitted to dragoon the Union Government into enforcing "Free" State ideals against the Natives of the Union, as they have successfully done under the Natives' Land Act, it will only be a matter of time before we have a Natives' Urban Act enforced throughout South Africa. Then we will have the banner of slavery fully unfurled (of course, under another name) throughout the length and breadth of the land.
When the Natives' Land Bill was before Parliament, meetings were held in many villages and locations in protest against the Ministerial surrender to the Republicans, of which the Bill was the outcome. At the end of March, 1913, the Native National Congress met in Johannesburg, and there a deputation was appointed to go to Capetown and point out to the Government some, at least, of the harm that would follow legislation of the character mapped out in Parliament on February 28 when the Land Act was first announced. They were to urge that such a measure would be exploitation of the cruelest kind, that it would not only interfere with the economic independence of the Natives, but would reduce them for ever to a state of serfdom, and degrade them as nothing has done since slavery was abolished at the Cape. Missionaries also, and European friends of the Natives, did not sit still. Resolution after resolution, telegraphic and other representations, were made to Mr. Sauer, from meetings in various parts of the country, counselling prudence. Even such societies as the Transvaal Landowners, who had long been crying for a measure to separate whites from blacks, and vice versa, urged that the Bill should not be passed during the same session in which it was introduced, that the country should be given an opportunity to digest it, in order, if necessary, to suggest amendments. The Missionary bodies, too, represent a following of Natives numbering hundreds of thousands of souls, on whose behalf they pleaded for justice. These bodies urged that before passing a law, prohibiting the sale and lease of land to Natives, and expelling squatters from their homes, the Government should provide locations to which the evicted Natives could go. But all these representations made no impression upon the Government, who, instead, preferred to act upon the recommendation of thirteen diminutive petitions (signed in all by 304 Dutchmen in favour of the Bill)* than to be guided by the overwhelming weight of public opinion that was against its passage. Thus it became clear that the Native's position in his own country was not an enviable one, for once a law was made prohibiting the sale of landed property to Natives, it would be almost impossible to get a South African Parliament to amend it.
— * One of these thirteen petitions had only four signatures, which was but one better than that of the Tooley Street tailors. —
The Government, which at the beginning assured Parliament of their humane intentions, proceeded to delete the mildest clauses of the measure and to insert some very harsh ones; and almost each time that the Bill came before the House, one or two fresh drastic clauses were added. But it is comforting to note that even Parliament was not entirely satisfied with this, its heroic piece of legislation. Thus Mr. Meyler of Natal did, as only a lawyer could with a view to recasting the Bill, some very useful work in pointing out the possible harm with which the Bill was fraught. We wish that his clever speeches and observations (much of which have come true), might yet be sifted out of the big Parliamentary Reports, and published in a concise little pamphlet.
Sir David Hunter, another member of Natal, expressed himself as follows: —
== While every one seemed animated with a desire to do what was right and just to the Natives, there was a feeling that certain of the details of the measure required amendment. He was more than pleased when the Minister closed the debate by a speech in which he seemed to be willing to meet the wishes of those in the House who thought that amendment was required. He could not have imagined that the Bill would develop into the shape into which it had developed, and had he known that so great an alteration would take place in the general effect of the measure from what was foreshadowed by the hon. Minister when he had made that interesting speech on the second reading he (the speaker) could not have conscientiously voted for the second reading. He would have been better pleased had a resolution been taken not to bring in a Bill until the Commission had reported. That was the position he had taken up all through and he would much rather now that the matter should be dealt with in that way. If, however, the Bill was to be pressed through there should be guarantees in it which should allay all suspicion. Anything affecting the native people required to be done gradually and should be placed before them a long time before the change took place. He hoped there would yet be some steps taken to give them a greater sense of security. To give some idea of the feeling in the minds of the Natives he read a letter from a gentleman in Natal, largely interested in the Natives, which had expressed the opinion that the Natives stood uncompromisingly against any change in their present status until the Commission had reported. He hoped the hon. Minister would even yet endeavour to do something to meet their views.
Mr. C. H. Haggar (Roodepoort) said that from the point of those who had worked successfully in turning the uncivilized man into the civilized man the Bill was bound to be a failure. It was necessary not only to have legislation theoretically just, but also practically right and good. But there were many who felt that so far from the effect of that Bill being good it would be disastrous to a very large extent. The great sin which they had been committing was that they had always been legislating ahead of the people, and there had not been sufficient preparation for the changes which were proposed in that Bill; the Natives were not ready for it. The hon. member for Victoria West had said that there was a disposition in certain directions to repress the Natives. He (the speaker) believed that there was a feeling that white men had some divine right to the labour of the black, that the black people were to be hewers of wood and drawers of water, and he wanted to say that while men were obsessed with that feeling they would never be able to legislate fairly. They had no more divine right to the labour of the black people than they had to the labour of the white. To his mind the great point was, should their policy be one of repression or a policy of inspiration? They had inspired the Natives to a certain extent, but no sooner had they created an appetite than they had told the Natives they should go no further. Their policy was the policy of Tantalus. That Bill would create a feeling of insecurity in the minds of the Natives. There were those who said that if the Natives would not submit to dictation they should be wiped out. But that should not be their policy. They must cease the policy of repression and let it be one of wide inspiration. ==
But alas! these and similar pleadings had about as much effect upon the Ministerial steam-roller as the proverbial water on a duck's back. With a rush the Natives' Land Bill was dispatched from the Lower House to the Senate, adopted hurriedly by the Senate, returned to the Lower House, and went at the same pace to Government House, and there receiving the Governor-General's signature, it immediately became law. As regards the Governor-General's signature, His Excellency, if Ministers are to be believed, was ready to sign the Bill (or rather signified his intention of doing so) long before it was introduced into Parliament. This excited haste suggests grave misgivings as to the character of the Bill. Why all the hurry and scurry, and why the Governor-General's approval in advance? Other Bills are passed and approved by the Governor, yet they do not come into operation until some given day — the beginning of the next calendar year, or of the next financial year. But the Natives' Land Act became law and was operating as soon as it could be promulgated.
After desperately protesting, with individual members of Parliament and with Cabinet Ministers, and getting nothing for their pains, the delegates from the Native Congress wrote Lord Gladstone, from an office about two hundred yards distant from Government House, requesting His Excellency to withhold his assent to the Natives' Land Bill until the people mostly concerned (i.e. the Natives) had had a chance of making known to His Majesty the King their objection to the measure. His Excellency replied that such a course "was not within his constitutional functions." Thereby the die was cast, and the mandate went forth that the land laws of the Orange "Free" State, which is commonly known as "the Only Slave State", shall be the laws of the whole Union of South Africa. The worst feature in the case is the fact that, even with the Governments of the late Republics, the Presidents always had the power to exempt some Natives from the operation of those laws, and that prerogative had been liberally used by successive Presidents. Now, however, without a President, and with the prerogative of the King (by the exercise of which the evils of such a law could have been averted) disowned by the King's own Ministers on the spot, God in the heavens alone knows what will become of the hapless, because voteless, Natives, who are without a President, "without a King", and with a Governor-General without constitutional functions, under task-masters whose national traditions are to enslave the dark races.
Chapter IV One Night with the Fugitives
Es ist unkoeniglich zu weinen — ach, Und hier nicht weinen ist unvaeterlich. Schiller.
"Pray that your flight be not in winter," said Jesus Christ; but it was only during the winter of 1913 that the full significance of this New Testament passage was revealed to us. We left Kimberley by the early morning train during the first week in July, on a tour of observation regarding the operation of the Natives' Land Act; and we arrived at Bloemhof, in Transvaal, at about noon. On the River Diggings there were no actual cases representing the effects of the Act, but traces of these effects were everywhere manifest. Some fugitives of the Natives' Land Act had crossed the river in full flight. The fact that they reached the diggings a fortnight before our visit would seem to show that while the debates were proceeding in Parliament some farmers already viewed with eager eyes the impending opportunity for at once making slaves of their tenants and appropriating their stock; for, acting on the powers conferred on them by an Act signed by Lord Gladstone, so lately as June 16, they had during that very week (probably a couple of days after, and in some cases, it would seem, a couple of days before the actual signing of the Bill) approached their tenants with stories about a new Act which makes it criminal for any one to have black tenants and lawful to have black servants. Few of these Natives, of course, would object to be servants, especially if the white man is worth working for, but this is where the shoe pinches: one of the conditions is that the black man's (that is the servant's) cattle shall henceforth work for the landlord free of charge. Then the Natives would decide to leave the farm rather than make the landlord a present of all their life's savings, and some of them had passed through the diggings in search of a place in the Transvaal. But the higher up they went the more gloomy was their prospect as the news about the new law was now penetrating every part of the country.
One farmer met a wandering native family in the town of Bloemhof a week before our visit. He was willing to employ the Native and many more homeless families as follows: A monthly wage of 2 Pounds 10s. for each such family, the husband working in the fields, the wife in the house, with an additional 10s. a month for each son, and 5s. for each daughter, but on condition that the Native's cattle were also handed over to work for him. It must be clearly understood, we are told that the Dutchman added, that occasionally the Native would have to leave his family at work on the farm, and go out with his wagon and his oxen to earn money whenever and wherever he was told to go, in order that the master may be enabled to pay the stipulated wage. The Natives were at first inclined to laugh at the idea of working for a master with their families and goods and chattels, and then to have the additional pleasure of paying their own small wages, besides bringing money to pay the "Baas" for employing them. But the Dutchman's serious demeanour told them that his suggestion was "no joke". He himself had for some time been in need of a native cattle owner, to assist him as transport rider between Bloemhof, Mooifontein, London, and other diggings, in return for the occupation and cultivation of some of his waste lands in the district, but that was now illegal. He could only "employ" them; but, as he had no money to pay wages, their cattle would have to go out and earn it for him. Had they not heard of the law before? he inquired. Of course they had; in fact that is why they left the other place, but as they thought that it was but a "Free" State law, they took the anomalous situation for one of the multifarious aspects of the freedom of the "Free" State whence they came; they had scarcely thought that the Transvaal was similarly afflicted.
Needless to say the Natives did not see their way to agree with such a one-sided bargain. They moved up country, but only to find the next farmer offering the same terms, however, with a good many more disturbing details — and the next farmer and the next — so that after this native farmer had wandered from farm to farm, occasionally getting into trouble for travelling with unknown stock, "across my ground without my permission", and at times escaping arrest for he knew not what, and further, being abused for the crimes of having a black skin and no master, he sold some of his stock along the way, beside losing many which died of cold and starvation; and after thus having lost much of his substance, he eventually worked his way back to Bloemhof with the remainder, sold them for anything they could fetch, and went to work for a digger.
The experience of another native sufferer was similar to the above, except that instead of working for a digger he sold his stock for a mere bagatelle, and left with his family by the Johannesburg night train for an unknown destination. More native families crossed the river and went inland during the previous week, and as nothing had since been heard of them, it would seem that they were still wandering somewhere, and incidentally becoming well versed in the law that was responsible for their compulsory unsettlement.
Well, we knew that this law was as harsh as its instigators were callous, and we knew that it would, if passed, render many poor people homeless, but it must be confessed that we were scarcely prepared for such a rapid and widespread crash as it caused in the lives of the Natives in this neighbourhood. We left our luggage the next morning with the local Mission School teacher, and crossed the river to find out some more about this wonderful law of extermination. It was about 10 a.m. when we landed on the south bank of the Vaal River — the picturesque Vaal River, upon whose banks a hundred miles farther west we spent the best and happiest days of our boyhood. It was interesting to walk on one portion of the banks of that beautiful river — a portion which we had never traversed except as an infant in mother's arms more than thirty years before. How the subsequent happy days at Barkly West, so long past, came crowding upon our memory! — days when there were no railways, no bridges, and no system of irrigation. In rainy seasons, which at that time were far more regular and certain, the river used to overflow its high banks and flood the surrounding valleys to such an extent, that no punt could carry the wagons across. Thereby the transport service used to be hung up, and numbers of wagons would congregate for weeks on both sides of the river until the floods subsided. At such times the price of fresh milk used to mount up to 1s. per pint. There being next to no competition, we boys had a monopoly over the milk trade. We recalled the number of haversacks full of bottles of milk we youngsters often carried to those wagons, how we returned with empty bottles and with just that number of shillings. Mother and our elder brothers had leather bags full of gold and did not care for the "boy's money"; and unlike the boys of the neighbouring village, having no sisters of our own, we gave away some of our money to fair cousins, and jingled the rest in our pockets. We had been told from boyhood that sweets were injurious to the teeth, and so spurning these delights we had hardly any use for money, for all we wanted to eat, drink and wear was at hand in plenty. We could then get six or eight shillings every morning from the pastime of washing that number of bottles, filling them with fresh milk and carrying them down to the wagons; there was always such an abundance of the liquid that our shepherd's hunting dog could not possibly miss what we took, for while the flocks were feeding on the luscious buds of the haak-doorns and the orange-coloured blossoms of the rich mimosa and other wild vegetation that abounded on the banks of the Vaal River, the cows, similarly engaged, were gathering more and more milk.
The gods are cruel, and one of their cruellest acts of omission was that of giving us no hint that in very much less than a quarter of a century all those hundreds of heads of cattle, and sheep and horses belonging to the family would vanish like a morning mist, and that we ourselves would live to pay 30s. per month for a daily supply of this same precious fluid, and in very limited quantities. They might have warned us that Englishmen would agree with Dutchmen to make it unlawful for black men to keep milch cows of their own on the banks of that river, and gradually have prepared us for the shock.
Crossing the river from the Transvaal side brings one into the Province of the Orange "Free" State, in which, in the adjoining division of Boshof, we were born thirty-six years back. We remember the name of the farm, but not having been in this neighbourhood since infancy, we could not tell its whereabouts, nor could we say whether the present owner was a Dutchman, his lawyer, or a Hebrew merchant; one thing we do know, however: it is that even if we had the money and the owner was willing to sell the spot upon which we first saw the light of day and breathed the pure air of heaven, the sale would be followed with a fine of one hundred pounds. The law of the country forbids the sale of land to a Native. Russia is one of the most abused countries in the world, but it is extremely doubtful if the statute book of that Empire contains a law debarring the peasant from purchasing the land whereon he was born, or from building a home wherein he might end his days.
At this time we felt something rising from our heels along our back, gripping us in a spasm, as we were cycling along; a needlelike pang, too, pierced our heart with a sharp thrill. What was it? We remembered feeling something nearly like it when our father died eighteen years ago; but at that time our physical organs were fresh and grief was easily thrown off in tears, but then we lived in a happy South Africa that was full of pleasant anticipations, and now — what changes for the worse have we undergone! For to crown all our calamities, South Africa has by law ceased to be the home of any of her native children whose skins are dyed with a pigment that does not conform with the regulation hue.
We are told to forgive our enemies and not to let the sun go down upon our wrath, so we breathe the prayer that peace may be to the white races, and that they, including our present persecutors of the Union Parliament, may never live to find themselves deprived of all occupation and property rights in their native country as is now the case with the Native. History does not tell us of any other continent where the Bantu lived besides Africa, and if this systematic ill-treatment of the Natives by the colonists is to be the guiding principle of Europe's scramble for Africa, slavery is our only alternative; for now it is only as serfs that the Natives are legally entitled to live here. Is it to be thought that God is using the South African Parliament to hound us out of our ancestral homes in order to quicken our pace heavenward? But go from where to heaven? In the beginning, we are told, God created heaven and earth, and peopled the earth, for people do not shoot up to heaven from nowhere. They must have had an earthly home. Enoch, Melchizedek, Elijah, and other saints, came to heaven from earth. God did not say to the Israelites in their bondage: "Cheer up, boys; bear it all in good part for I have bright mansions on high awaiting you all." But he said: "I have surely seen the affliction of my people which are in Egypt, and have heard their cry by reason of their taskmasters; for I know their sorrows, and I am come down to bring them out of the hands of the Egyptians, and to bring them up out of that land unto a good land and a large, unto a land flowing with milk and honey." And He used Moses to carry out the promise He made to their ancestor Abraham in Canaan, that "unto thy seed will I give this land." It is to be hoped that in the Boer churches, entrance to which is barred against coloured people during divine service, they also read the Pentateuch.
It is doubtful if we ever thought so much on a single bicycle ride as we did on this journey; however, the sight of a policeman ahead of us disturbed these meditations and gave place to thoughts of quite another kind, for — we had no pass. Dutchmen, Englishmen, Jews, Germans, and other foreigners may roam the "Free" State without permission — but not Natives. To us it would mean a fine and imprisonment to be without a pass. The "pass" law was first instituted to check the movement of livestock over sparsely populated areas. In a sense it was a wise provision, in that it served to identify the livestock which one happened to be driving along the high road, to prove the bona fides of the driver and his title to the stock. Although white men still steal large droves of horses in Basutoland and sell them in Natal or in East Griqualand, they, of course, are not required to carry any passes. These white horse-thieves, to escape the clutches of the police, employ Natives to go and sell the stolen stock and write the passes for these Natives, forging the names of Magistrates and Justices of the Peace. Such native thieves in some instances ceasing to be hirelings in the criminal business, trade on their own, but it is not clear what purpose it is intended to serve by subjecting native pedestrians to the degrading requirement of carrying passes when they are not in charge of any stock.
In a few moments the policeman was before us and we alighted in presence of the representative of the law, with our feet on the accursed soil of the district in which we were born. The policeman stopped. By his looks and his familiar "Dag jong" we noticed that the policeman was Dutch, and the embodiment of affability. He spoke and we were glad to notice that he had no intention of dragging an innocent man to prison. We were many miles from the nearest police station, and in such a case one is generally able to gather the real views of the man on patrol, as distinct from the written code of his office, but our friend was becoming very companionable. Naturally we asked him about the operation of the plague law. He was a Transvaaler, he said, and he knew that Kafirs were inferior beings, but they had rights, and were always left in undisturbed possession of their property when Paul Kruger was alive. "The poor devils must be sorry now," he said, "that they ever sang 'God save the Queen' when the British troops came into the Transvaal, for I have seen, in the course of my duties, that a Kafir's life nowadays was not worth a ——, and I believe that no man regretted the change of flags now more than the Kafirs of Transvaal." This information was superfluous, for personal contact with the Natives of Transvaal had convinced us of the fact. They say it is only the criminal who has any reason to rejoice over the presence of the Union Jack, because in his case the cat-o'-nine-tails, except for very serious crimes, has been abolished.
"Some of the poor creatures," continued the policeman, "I knew to be fairly comfortable, if not rich, and they enjoyed the possession of their stock, living in many instances just like Dutchmen. Many of these are now being forced to leave their homes. Cycling along this road you will meet several of them in search of new homes, and if ever there was a fool's errand, it is that of a Kafir trying to find a new home for his stock and family just now."
"And what do you think, Baas Officer, must eventually be the lot of a people under such unfortunate circumstances?" we asked.
"I think," said the policeman, "that it must serve them right. They had no business to hanker after British rule, to cheat and plot with the enemies of their Republic for the overthrow of their Government. Why did they not assist the forces of their Republic during the war instead of supplying the English with scouts and intelligence? Oom Paul would not have died of a broken heart and he would still be there to protect them. Serve them right, I say."
So saying he spurred his horse, which showed a clean pair of hoofs. He left us rather abruptly, for we were about to ask why we, too, of Natal and the Cape were suffering, for we, being originally British subjects, never "cheated and plotted with the enemies of our Colonies", but he was gone and left us still cogitating by the roadside.
Proceeding on our journey we next came upon a native trek and heard the same old story of prosperity on a Dutch farm: they had raised an average 800 bags of grain each season, which, with the increase of stock and sale of wool, gave a steady income of about 150 Pounds per year after the farmer had taken his share. There were gossipy rumours about somebody having met some one who said that some one else had overheard a conversation between the Baas and somebody else, to the effect that the Kafirs were getting too rich on his property. This much involved tale incidentally conveys the idea that the Baas was himself getting too rich on his farm. For the Native provides his own seed, his own cattle, his own labour for the ploughing, the weeding and the reaping, and after bagging his grain he calls in the landlord to receive his share, which is fifty per cent of the entire crop.
All had gone well till the previous week when the Baas came to the native tenants with the story that a new law had been passed under which "all my oxen and cows must belong to him, and my family to work for 2 Pounds a month, failing which he gave me four days to leave the farm."
We passed several farm-houses along the road, where all appeared pretty tranquil as we went along, until the evening which we spent in the open country, somewhere near the boundaries of the Hoopstad and Boshof districts; here a regular circus had gathered. By a "circus" we mean the meeting of groups of families, moving to every point of the compass, and all bivouacked at this point in the open country where we were passing. It was heartrending to listen to the tales of their cruel experiences derived from the rigour of the Natives' Land Act. Some of their cattle had perished on the journey, from poverty and lack of fodder, and the native owners ran a serious risk of imprisonment for travelling with dying stock. The experience of one of these evicted tenants is typical of the rest, and illustrates the cases of several we met in other parts of the country.
Kgobadi, for instance, had received a message describing the eviction of his father-in-law in the Transvaal Province, without notice, because he had refused to place his stock, his family, and his person at the disposal of his former landlord, who now refuses to let him remain on his farm except on these conditions. The father-in-law asked that Kgobadi should try and secure a place for him in the much dreaded "Free" State as the Transvaal had suddenly become uninhabitable to Natives who cannot become servants; but "greedy folk hae lang airms", and Kgobadi himself was proceeding with his family and his belongings in a wagon, to inform his people-in-law of his own eviction, without notice, in the "Free" State, for a similar reason to that which sent his father-in-law adrift. The Baas had exacted from him the services of himself, his wife and his oxen, for wages of 30s. a month, whereas Kgobadi had been making over 100 Pounds a year, besides retaining the services of his wife and of his cattle for himself. When he refused the extortionate terms the Baas retaliated with a Dutch note, dated the 30th day of June, 1913, which ordered him to "betake himself from the farm of the undersigned, by sunset of the same day, failing which his stock would be seized and impounded, and himself handed over to the authorities for trespassing on the farm."
A drowning man catches at every straw, and so we were again and again appealed to for advice by these sorely afflicted people. To those who were not yet evicted we counselled patience and submission to the absurd terms, pending an appeal to a higher authority than the South African Parliament and finally to His Majesty the King who, we believed, would certainly disapprove of all that we saw on that day had it been brought to his notice. As for those who were already evicted, as a Bechuana we could not help thanking God that Bechuanaland (on the western boundary of this quasi-British Republic) was still entirely British. In the early days it was the base of David Livingstone's activities and peaceful mission against the Portuguese and Arab slave trade. We suggested that they might negotiate the numerous restrictions against the transfer of cattle from the Western Transvaal and seek an asylum in Bechuanaland. We wondered what consolation we could give to these roving wanderers if the whole of Bechuanaland were under the jurisdiction of the relentless Union Parliament.
It was cold that afternoon as we cycled into the "Free" State from Transvaal, and towards evening the southern winds rose. A cutting blizzard raged during the night, and native mothers evicted from their homes shivered with their babies by their sides. When we saw on that night the teeth of the little children clattering through the cold, we thought of our own little ones in their Kimberley home of an evening after gambolling in their winter frocks with their schoolmates, and we wondered what these little mites had done that a home should suddenly become to them a thing of the past.
Kgobadi's goats had been to kid when he trekked from his farm; but the kids, which in halcyon times represented the interest on his capital, were now one by one dying as fast as they were born and left by the roadside for the jackals and vultures to feast upon.
This visitation was not confined to Kgobadi's stock, Mrs. Kgobadi carried a sick baby when the eviction took place, and she had to transfer her darling from the cottage to the jolting ox-wagon in which they left the farm. Two days out the little one began to sink as the result of privation and exposure on the road, and the night before we met them its little soul was released from its earthly bonds. The death of the child added a fresh perplexity to the stricken parents. They had no right or title to the farm lands through which they trekked: they must keep to the public roads — the only places in the country open to the outcasts if they are possessed of a travelling permit. The deceased child had to be buried, but where, when, and how?
This young wandering family decided to dig a grave under cover of the darkness of that night, when no one was looking, and in that crude manner the dead child was interred — and interred amid fear and trembling, as well as the throbs of a torturing anguish, in a stolen grave, lest the proprietor of the spot, or any of his servants, should surprise them in the act. Even criminals dropping straight from the gallows have an undisputed claim to six feet of ground on which to rest their criminal remains, but under the cruel operation of the Natives' Land Act little children, whose only crime is that God did not make them white, are sometimes denied that right in their ancestral home.
Numerous details narrated by these victims of an Act of Parliament kept us awake all that night, and by next morning we were glad enough to hear no more of the sickening procedure of extermination voluntarily instituted by the South African Parliament. We had spent a hideous night under a bitterly cold sky, conditions to which hundreds of our unfortunate countrymen and countrywomen in various parts of the country are condemned by the provisions of this Parliamentary land plague. At five o'clock in the morning the cold seemed to redouble its energies; and never before did we so fully appreciate the Master's saying: "But pray ye that your flight be not in the winter."
Chapter V Another Night with the Sufferers
Heureux ceux qui sont morts dans le calme des soirs, Avant ces jours affreux de carnage et de haine! Ils se sont endormis, le coeur rempli d'espoirs, Dans un reve d'amour et de concorde humaine!
Ils n'ont pas entendu la sinistre remeur Qui monte des hameaux consumes par la flamme, Ni les cris des enfants et des vierges en pleurs, Ni le gemissement des vieillards et des femmes! Heureux les morts! Maurice Kufferath.
We parted sadly from these unfortunate nomads of an ungrateful and inhospitable country, after advising them to trek from the Union into the arid deserts of Bechuanaland. In our advice we laid special stress upon the costliness of such an expedition as theirs and upon the many and varying regulations to be complied with, on such a trek, through the Western Transvaal. But, cost whatever it may, they, like ourselves, understood that as the law stood they would be better off and safer beyond the boundaries of the Union.
From here we worked our way into the Hoopstad district. There we saw some Natives who were, as it were, on pins and needles, their landlords having given them a few days in which to consider the advisability of either accepting the new conditions or leaving their houses. Our advice to these tenants was to accept, for the time being, any terms offered by their landlords, pending an appeal to His Majesty the King; we also passed through a few farms where the white farmers were visibly sympathetic towards the harried Natives. Some of the white farmers were accepting Natives as tenants on their farms in defiance of the law. We naturally thanked these for their humanity and went our way, promising never to disclose their magnanimity to the Government officials. "What has suddenly happened?" one of these landlords asked. "We were living so nicely with your people, and why should the law unsettle them in this manner?"
We may here mention that a fortnight later we were in General Botha's constituency in the Transvaal. A few days before we arrived there a meeting of white farmers was held at one of the Dutch farm-houses at which it was resolved to take the fullest advantage of the new law, which had placed the entire native population in the hands of the farmers. It was further resolved that a Kafir who refused to become a servant should at once be consigned to the road.
A similar resolution was passed at another meeting of landlords at another place. Part of the proceedings of this meeting was reported in some, though not all, of the Dutch newspapers. Without breaking our promise not to disclose any names of landlords who felt it a duty to resist injustice, even though it bears the garb of law, we will mention Mr. X., a Boer farmer, of the farm ——, near Thingamejig, between the town of —— and the river ——. He protested at the meeting, stating that the Transvaalers were not compelled to turn the Natives out, and that they were only debarred from taking any new native tenants; that it was wicked to expel a Kafir from the farm for no reason whatever, and so make him homeless, since he could not, if evicted, go either to another farm or back to his old place. For expressing his views so frankly Mr. X. was threatened by his compatriots with physical violence! His opponents also said that, if he continued to harbour Kafirs on his farm as tenants, they would hold him responsible for any stock that they might lose. The incidents of the meeting were related to the Natives by Mr. X. himself. He told the Natives, further, that he would go to the expense of fencing his farm with the Natives inside, so that they may be out of the reach of his infuriated neighbours.
We spent the next night in some native huts on a farm in the district of Hoopstad. On that occasion we met a man who had had a month's notice to leave his farm, and was going from farm to farm in search of a new place. He had heard alarming stories about evictions wherever he went. During that evening we were treated to some more pitiful stories concerning the atrocities of the wretched land Act. Many native wanderers had actually passed that farm during the preceding few days, trudging aimlessly from place to place in search of some farmer who might give them a shelter. At first they thought the stories about a new law were inventions or exaggerations, but their own desperate straits and the prevailing native dislocation soon taught them otherwise.
The similarity in the experiences of the sufferers would make monotonous reading if given individually, but there are instances here and there which give variety to the painful record, and these should yield the utmost satisfaction to the promoters of the Act, in proving to them the fell measure of their achievement. One example of these experiences was that of a white farmer who had induced a thrifty Native in another district to come and farm on his estate. The contract was duly executed about the end of May, 1913. It was agreed that the Native should move over to the new place after gathering his crops and sharing them with his old landlord, which he did in the third week in June. On his arrival, however, the new landlord's attitude towards him aroused his suspicions; his suspicions were confirmed when, after some hesitation, the landlord told him that their contract was illegal. Having already left his old place the legal embargo was also against his return there, and so his only course was to leave that place and wander about with his stock and family. They went in the direction of Kroonstad, and they have not been heard of since.
The next example is that of the oldest man in the "Free" State. He had been evicted (so we were told during that evening on the farm) along with his aged wife, his grey-headed children, the children's children and grandchildren. We may here add that we read a confirmation of this case in the English weekly newspaper of Harrismith. The paper's reference to this case will also illustrate the easy manner in which these outrageous evictions are reported in white newspapers. There is no reference to the sinister undercurrent and hardships attending these evictions. The paper in question, the 'Harrismith Chronicle', simply says: —
== AN ANCIENT COUPLE
A venerable Native whose age is no less than 119 years, accompanied by his wife, aged 98, and a son who is approaching 80, left Harrismith on Tuesday by train for Volksrust. The old man acquired some property in the Transvaal, and is leaving this district to start a new home with as much interest in the venture as if he were a stripling of twenty. The old lady had to be carried to the train, but the old man walked fairly firmly. The aged couple were the centre of much kindly attraction, and were made as comfortable as possible for their journey by the railway officials. It is difficult to realize in these days of rapid change that in the departure from the "Free" State of this venerable party we are losing from our midst a man who was born in 1794, and has lived in no less than three centuries of time. Good luck to them both; may they still live long and prosper! ==
Now, as a matter of fact, this "ancient couple" had not left the "Free" State of their own free will. Their stock had been expelled from their grazing areas, and they were told that they could only continue to graze if the centenarian tenant agreed to supply a certain number of labourers to work on the landowner's farm and with his sons ceased to do any ploughing as tenants. This system of sharing the crops has been followed ever since the Boers planted themselves in the "Free" State, and the family had had no other means of support. Happily the aid of Providence in the case of this "ancient couple" was speedy, as the old people quickly found an asylum on the farm of Mr. P. ka I. Seme, a native solicitor in the Transvaal.
At the same place on the same evening we were told of a conversation between a well-known Dutchman and a Native. "The object of this law," said the Burgher, "is to goad the Natives into rebellion, so that the Government may legally confiscate what little ground was left to them, and hand over the dispossessed Kafirs and their families to work for the farmers, just for their food." The policy of goading the Natives into rebellion is not wholly foreign to Colonial policy; but the horrible cruelty to which live stock is exposed under the new Act is altogether a new departure. King Solomon says, "The righteous man regardeth the life of his beast, but the tender mercies of the wicked are cruel"; but there is a Government of professed Bible readers who, in defiance of all Scriptural precepts, pass a law which penalizes a section of the community along with their oxen, sheep, goats, horses and donkeys on account of the colour of their owners. The penalty clause (Section 5) imposes a fine of 100 Pounds on a landowner who accommodates a Native on his farm; and if after the fine is paid the Native leaves his stock on the farm to go and look for a fresh place, there will be an additional fine of 5 Pounds for every day that the Native's cattle remain on that farm. They must take the road immediately and be kept moving day and night until they die of starvation, or until the owner (who is debarred, by Section 1, from purchasing a pasturage for his cattle) disposes of them to a white man.
Such cruelty to dumb animals is as unwarranted as it is unprecedented. It reads cruel enough on paper, but we wish that the reader had accompanied us on one journey, say, during the cold snap in the first week in August, when we travelled from Potchefstroom to Vereeniging, and seen the flocks of those evicted Natives that we met. We frequently met those roving pariahs, with their hungry cattle, and wondered if the animals were not more deserving of pity than their owners. It may be the cattle's misfortune that they have a black owner, but it is certainly not their fault, for sheep have no choice in the selection of a colour for their owners, and no cows or goats are ever asked to decide if the black boy who milks them shall be their owner, or but a herd in the employ of a white man; so why should they be starved on account of the colour of their owners? We knew of a law to prevent cruelty to animals, but had never thought that we should live to meet in one day so many dumb creatures making silent appeals to Heaven for protection against the law. "What man has nerve to do, man has not nerve to see", and oh! if those gifted Parliamentarians could have been mustered here to witness the wretched results of one of their fine days' work for a fine day's pay! But "they bind heavy burdens and grievous to be borne", then draw their Parliamentary emoluments and retire to the quiet of their comfortable homes, to enjoy more rest than is due to toilers who have served both God and humanity.
During this same night in Hoopstad district we were also told of the visit of a Dutch farmer in the middle of June, 1913, to his native tenants. One of the Natives — named Kgabale — was rather old. His two sons are delving in the gold mines of Johannesburg, and return home each spring time to help the old man and their two young sisters to do the ploughing. The daughters tend the fields and Kgabale looks after the stock. By this means they have been enabled to lead a respectable life and to pay the landowner fifty per cent. of the produce every year, besides the taxes levied by the Government on Natives. Three weeks before our visit, the farmer came to cancel Kgabale's verbal contract with him and to turn the family into unpaid servants, in return for the privilege of squatting on his farm. As Kgabale himself was too old to work, the farmer demanded of him that his two sons should return immediately from Johannesburg to render manual service on his farm, failing which, the old man should forthwith betake himself from the place. He gave Kgabale seven days to deliver his two sons.
Naturally this decision came upon Kgabale and his daughters like a bolt from the blue. The poor old man wandered from place to place, trying to find some one — and it took him two days to do so — who could write, so as to dictate a letter to his sons in Johannesburg, informing them of what had happened. The week expired before he could get a reply from Johannesburg. The landlord, in a very abusive mood, again demanded the instant arrival of his two sons from Johannesburg, to commence work at the farm-house the very next morning. Kgabale spent the whole night praying that at least one of his sons might come. By daybreak next morning no answer had arrived, and the Dutchman came and set fire to the old man's houses, and ordered him then and there to quit the farm. It was a sad sight to see the feeble old man, his aged wife and his daughters driven in this way from a place which they had regarded as their home. In the ordinary course, such a calamity could have been made more tolerable by moving to the next farm and there await the arrival and advice of his sons; but now, under the Natives' Land Act, no sympathetic landowner would be permitted to shelter them for a single day. So Kgabale was said to have gone in the direction of Klerksdorp.
One of the sons arrived a week after the catastrophe. He found his old home in ruins, and that his aged parents and their children had become victims of the turpitude of an Act of Parliament. The son went in search of his relatives across the Vaal, but it was not known if they succeeded in finding the refuge which the law had made unlawful.
Among the squatters on the same farm as Kgabale was a widow named Maria. Her husband in his lifetime had lived as a tenant on the farm, ploughing in shares until his death. After his death Maria kept on the contract and made a fair living. Her son and daughter, aged fourteen and sixteen respectively, took turns at herding her cattle and assisting the mother in other ways. During the ploughing season, they hired assistance to till the fields, but they themselves tended and reaped the harvest and delivered 50 per cent of the produce to the landowner. Such were the conditions on which she was allowed to live on the farm. Maria, being a widow, and her son being but a youth, it was hoped that the landlord would propose reasonable terms for her; but instead, his proposal was that she should dispose of her stock and indenture her children to him. This sinister proposal makes it evident that farmers not only expect Natives to render them free labour, but they actually wish the Natives to breed slaves for them. Maria found it difficult to comply with her landlord's demand, and as she had no husband, from whom labour could be exacted, the Dutchman ordered her to "clear out, and," he added with an oath, "you must get another man before you reach your next place of abode, as the law will not permit you to stay there till you have a man to work for the Baas." Having given this counsel the landlord is said to have set fire to Maria's thatched cottage, and as the chilly south-easter blew the smoke of her burning home towards the north-west, Maria, with her bedclothes on her head, and on the heads of her son and daughter, and carrying her three-year-old boy tied to her back, walked off from the farm, driving her cows before her. In parting from the endeared associations of their late home, for one blank and unknown, the children were weeping bitterly. Nor has any news of the fate of this family been received since they were forced out on this perilous adventure.
Chapter VI Our Indebtedness to White Women
O woman! in our hours of ease Uncertain, coy, and hard to please, And variable as the shade By the light quivering aspen made; When pain and anguish wring the brow, A ministering angel thou. Scott.
Some farmers (unfortunately too few) who had at first intended to change the status of their native tenants, had been obliged to abandon the idea owing to the determined opposition of their wives. One such case was particularly interesting. Thus, at Dashfontein, the wife of a Dutch farmer, a Mr. V., on whose property some native families were squatting, got up, one morning, and found the kitchen-maid very disagreeable. The morning coffee had been made right enough, but the maid's "Morre, Nooi" (Good morning, ma'am) was rather sullen and almost bordering on insolence. She did her scullery work as usual, but did not seem to care, that morning, about wasting time inquiring how baby slept, and if Nonnie had got rid of her neuralgia, and so on. She spoke only when spoken to and answered mainly in monosyllables. Mrs. V. was perplexed.
"What is the matter, Anna?" she asked.
"Nothing, Nooi," replied Anna curtly.
Mrs. V. tried some of her witty jokes, but they seemed to be wasted on Anna. After jesting with the servant had failed, scolding was next tried, but nothing seemed to bring back the girl's usual cheerfulness. "Oh, Anna," said the mistress at length, "you make me think of the olden days, when such disagreeable whims on the part of frowning maids used to be cured by ——"
Anna was evidently not listening, and, if she had heard the mistress, she did not care two straws (or one straw for that matter) what cures Mrs. V.'s great-grandmother had prescribed for sullen servant girls. In fact, Anna had become a wild Kafir, for though she went about her work in silence, her face bore an expression which seemed to speak louder than her mouth could have done. She was clearly engaged in serious thought. The mistress tried to dismiss from her mind the inexplicable attitude of her servant, but the frowning look on Anna's face made the attempts unsuccessful. The fact that when Anna went home, the previous night, she was happiness personified, did not decrease Mrs. V.'s perplexity.
"There must be something wrong," Mrs. V. concluded, after vainly trying ruse after ruse to get a smile out of her servant girl. "Something is amiss. I wonder if one of those well-dressed Kafirs from Potchefstroom had been prowling about the farm and instilling in Anna's simple mind all kinds of silly notions, about town flirts and black dandies, silk dresses in Potchefstroom and similar vuilgoed (rubbish). And if a town Kafir is going to marry Anna, where on earth am I going to get a reliable servant to whom I could securely entrust my home when I have occasion to go to town or to the seaside on a shorter or longer vacation? Who could cook and attend to my husband's and children's peculiar wants, if Anna is going to leave us? It seems certain that Anna's heart is not on the farm," she said to herself. "It was there right enough when she went home last night, but it is clear that some one has stolen it during the night. Anna is helplessly lovesick. I must find out who it is. The swain must be found and induced to come and join, or supervise, our squatters. We cannot let him take her away, for what will the homestead be without Anna? I was looking forward to her marrying on the farm and giving her a superior cottage so that other Kafir girls may see how profitable it is to be good. Anna leaving the farm, O, nee wat! (Oh, no). We must find out who it is; but wait, there is old Gert (her father) coming, with old Jan (her uncle). I must find out from them who had been intruding into the company of their daughters last night. I should warn them to be on the alert lest Anna elopes to Potchefstroom with somebody, probably to take the train and go farther — to Johannesburg or Kimberley, as did Klein Mietje, whom I had hoped to train as our housemaid ——"
"Good morning, Auta Gert, how is Mietje and the kleintjes (little ones)?"
Auta Gert's demeanour was a greater puzzle to Mrs. V. than his daughter's when he replied, "So, so."
Mrs. V. (between horns of the same dilemma): "And you, Auta Jan?"
"Ja, Missus," replied Jan.
Mrs. V.'s perplexity was intense, for it became evident that the two Natives were there as a deputation, charged with some grave mission. Before she uttered another word the two Natives asked for an interview.
"Not to waste much time, Missus," began old Gert, "a thunderbolt has burst on the native settlement on the farm, and Dashfontein is no longer a home to us ——"
"No longer a home!" exclaimed Mrs. V. "I hope you idiotic Kafirs are not going to be so foolhardy as to leave me, leave the Baas, and leave the farm upon which your fathers and mothers lie buried. Do not you know that during this very week numbers of Natives have been calling on the Baas, asking him for places of abode, complaining that they have been turned adrift, with their little ones and their hungry animals, for refusing to become servants to farmers on whose property they had been ploughing on shares? White men have suddenly become brutes and have expelled Natives with whom they have lived from childhood — Natives whose labour made the white man wealthy are turned away by people who should treat them with gratitude. And are you going to leave your old home just when the Devil appears to have possessed himself of the hearts of most farmers? In your own interest, apart from my own and the Baas's, Auta Gert, you should have left us long ago when you could find a place elsewhere. Are you so deaf and blind as not to hear and see the change which has come over the country of late? White men formerly punished a Kafir who had done some wrong, now they worry him from sheer cussedness. You must be mad, Auta Gert, to try and leave us. What is going to become of your family and your beautiful cattle. No wonder that Anna is so upset. I have been thinking that some rondlooper (vagabond) from the towns had been trying to take her away."
As Mrs. V. spoke she was agreeably surprised to find the sobering effect which her rebuke seemed to have upon her husband's native tenants. She knew her influence over them, especially over the old native families, but in all her dealings and close association with them she could not remember an impromptu speech of hers that produced such immediate results. The faces of the two Natives brightened up, and they kept looking at one another as she spoke. At length she turned round towards the stoep and there was Anna, for the first time that morning, interested in and delighted by what she said. Usually it would have been a serious breach of the rules of the house for Anna to listen when the Missus was speaking about something that did not immediately concern her scullery duties; but Mrs. V.'s satisfaction was unbounded on seeing the bright look on her servant's face, which she had hitherto vainly sought.
"Now, you see," said Anna to her father, "I told you it would never happen if the Missus can help it."
At this, the men could scarcely suppress a laugh. The Missus looked round again, and said:
"Anna, have you Kafirs plotted to fool me this morning? Because I take such a deep interest in your welfare, you have so far forgotten yourselves that you connived with your parents to come over to my house and fool me on my own farm? What is the meaning of all this?"
Auta Gert unfolded his story. The Baas was at the native settlement the previous day. He called a meeting of the native peasants and told them of the new law, under which no Kafir can buy a farm or hire a farm. He added that, according to this law, their former relations of landlord and tenants have been made a criminal offence, for which they could be fined a hundred pounds, and he gave them ten days to decide whether they would become his servants or leave the farm.
"Go away, Auta Gert; you were dreaming, my husband would never talk such nonsense. You have been with him from childhood, long before I ever knew him, and yet you do not know that my husband is incapable of uttering anything half so wicked?"
"He said it was the law, the new law."
"Of course you need some stringent measures against the useless, sneaking and prowling loafers, but there is no fear that such laws could apply to Natives like you and Mietje and your children."
"But, Nooi, the Baas told us to leave the farm as the law did not permit him to ——"
"Get you gone, Auta Gert, he was joking. You must know that the law did not buy this farm. The old Baas purchased it from Baas Philander. I personally helped to add up the number of morgen and to calculate the money, and there was not a penny piece from any Government. Go home, Auta Gert, and leave everything to me, and do not let me hear you saying Dashfontein is no longer your home."
"Well, Nooi," assented the Natives with some relief, "if you say it is all right, then it must be so, and we will go back and reap our mealies in peace, and if a policeman comes round demanding a hundred pounds we will tell him to arrest us and take us to the Nooi of the farm. Good-bye, Nooi."
"Good-bye, Auta Gert; good-bye, Auta Jan —— Poor Anna, my dear little maid, why did you not tell Nooi this morning that you were worried over this matter. Really, Anna, I was thinking that you were lovesick. How did poor old Mietje take it? Sadly, did she. Well, I will speak to the Baas about it. He had no business to attempt to bring bad luck over us by disturbing our peaceful Natives with such godless tidings. Tell your mother that Nooi says it will be all right."
A few days later, Hendrik Prins, the farm manager in the employ of Mr. V., was due at the native settlement to see the steam sheller at work and also to receive the landowner's share of the produce. Instead of Prins, Mr. V. attended in person. Each Native regarded this unusual occurrence as the signal for their impending eviction and thought that day would see their last transaction with their old master and landlord.
Mr. V. counted the separate bags filled with mealies and Kafir corn placed in groups around the sheller. He counted no fewer than 12,300 bags, and knew that his share would total 6,150, representing about 3,000 Pounds gross. Could he ever succeed in getting so much, with so little trouble, if poor whites tilled his lands instead of these Natives? he thought. After all, his dear Johanna was right. This law is blind and must be resisted. It gives more consideration to the so-called poor whites (a respectable term for lazy whites), than to the owners of the ground. He, there and then, resolved to resist it and take the consequences.
The grain was all threshed; a number of native girls were busy sewing up the bags, and the engine-driver ordered his men to yoke his oxen and pull the machine away. Mr. V. ordered Auta Gert to call all the 'volk' together as he had something to tell them. Auta Gert, knowing the determination of his mistress, did so in confidence that they were about to receive some glad tidings. But the other folks came forward with a grievous sense of wrong. The fact that some Natives on the adjoining property had been turned away three days before and sent homeless about the country, their places being taken by others, who, tired of roaming about and losing nearly everything, had come in as serfs did not allay their fears. Auta Hans was already conjuring up visions of a Johannesburg speculator literally "taking" his Cape shorthorns for a mere bagatelle, as they did to William Ranco, another evicted squatter from Hoopstad.
Mr. V., the farmer, mounted a handy wagon hard by and commenced to address the crowd of blacks who gathered around the wagon at the call of Gert.
"Attention! Listen," he said. "You will remember that I was here last month and explained to you the new law. Well, I understand that that explanation created the greatest amount of unrest amongst the Natives in the huts on my farm. Personally, I am very sorry that it ever came to that, but let me tell you that your Nooi, my wife, says it is not right that the terms under which we have lived in the past should be disturbed. I agree with her that it is unjust, and that the good Lord, who has always blessed us, will turn His face from us if people are unsettled and sent away from the farm in a discontented mood." (Loud and continued applause, during which Mr. V. took out his pouch of Magaliesburg tobacco and lit his pipe.) "The Nooi," he continued after a few puffs, "says we must not obey this law: she even says, if it comes to physical ejectment, or if they take me to prison, she is prepared to go to Pretoria in person and interview General Botha." (More cheers, during which the Natives dispersed to cart away their mealies amidst general satisfaction.)
* * * * *
The writer visited Dashfontein in July, 1913, when the above narrative was given him word for word by old Gert.
As old Gert narrated the story, Aunt Mietje, his wife, who had had timely notice of the impending visit of the morulaganyi (editor) from her husband (who slaughtered a sheep in honour of the occasion), superintended with interesting expectations over frizzling items in the frying-pan on her fireplace. Her bright eyes, beaming from under her headkerchief, suggested how she must have been the undisputed belle of her day. The rough wooden table was covered with the best linen in the native settlement, and on it were laid some clean plates, and the old yet shining cutlery reserved for special occasions, besides other signs of an approaching evening meal. Having learnt the art from an experienced housewife on whose farm her people were squatting, and improved upon her teaching, she was famous in the neighbourhood for the excellence of her cooking. Her only worry in that department was her seeming lack of success in training her daughters up to her elevation. She is usually sent for when important visitors come to Dashfontein, and would then don her best costume of coloured German print, and carry down with her the spotless apron which Mrs. V. gave her the preceding New Year; and in spite of her advancing years, she would cause Anna, and every other upstart at the homestead, instinctively to play second fiddle to her. And when we suggested that our wife could measure swords (or, shall we say, forks) with her as a cook, she giggled and remembered some white man's proverb about the proof of the pudding being in the eating.
After the harrowing experience of the previous week, during which we were forced to see our fellow-beings hounded out of their homes, and the homes broken up; their lifelong earnings frittered away by a law of the land, their only crime being the atrocious one of having the same colour of skin as our own, and finding ourselves suddenly landed on an oasis, the farm of a kind Dutchman and his noble wife, on whose property, and by whose leave, little black piccaninnies still played about in spite of the law, it can be readily understood with what comfort we sat down and did justice to the good things provided by Aunt Mietje. In the course of her preparation every step of hers suggested that she entertained no sort of misprised opinion about her superiority over her compeers; and nothing pleased her better than when she dazzled her husband and family connexions with deeds which proved her superiority over her contemporaries, in everything that tends to make the virtuous and industrious house-wife. She gave a dramatic ending to her husband's narrative when she said —
"Who would have thought that Hannetje, naughty little Hannetje, who was so troublesome when my sister used to nurse her — who would have thought that she would ever prove to be the salvation of our people? Who ever anticipated that all the strong Boers, on whom we had relied, would desert us when the fate of our whole tribe hung in the balance? Natives have been moving from north to south, and from south to north, all searching at the same time for homes and grazing for their cattle. During the last few weeks the roads were hidden in clouds of dust, sent up by hundreds of hoofs of hundreds of cattle, their owners with them, vainly seeking places of refuge; but in the case of Dashfontein, we reclined on a veritable Mount Ararat, by grace of naughty little Hannetje, whom God in His mysterious foresight had raised up to be Mrs. van V., proprietress of Dashfontein. If my prayers are of any value, God will appoint in heaven a special place for her when she gets there, though, for the sake of our people, I hope that time is very far distant. However, I hope to be somewhere near: in truth, I should like to accompany her, when Elijah's chariot comes for her soul, so as to render her what little aid I can on board, when she soars through unknown tracts of space to the spirit world on high, so that if there be any uncomfortable questions about her maiden vagaries, I may be there to attest that she has since atoned a hundred fold for each, and thus accelerate her promotion. No no, Hannetje is not a Boer vrouw, she is an angel." |
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