Petition to the Secretary of State for the Colonies, from the Natal Native Congress, October 1908

TO THE RIGHT HONOURABLE THE SECRETARY OF STATE FOR THE COLONIES.

THE PETITION OF THE UNDERSIGNED NATIVES OF THE COLONY OF NATAL,

HUMBLY SHEWETH: -

THAT on the 30th of April 1908 there was held at Pietermaritzburg a meeting of Natives from different parts of the Colony of Natal to consider the following three Bills, which the Government had notified its intention to introduce into Parliament.

"To increase the number of Members of the Legislative Council".

"To provide for the better administration of Native Affairs".

"For the creation and Administration of Native Lands Settlements".

THAT a representative Committee of this gathering had an interview with the Honourable the Minister for Native Affairs when he suggested that the Natives should take further time to consider these three Bills and meet him on a future occasion.

THEREAFTER many Chiefs and Headmen of Natives in this Colony held meetings in their districts and over two hundred delegates were appointed to consider these three Bills.

THESE delegates met at Pietermaritzburg on the 9th day of June 1908 and having spent the whole of that day and the greater part of the 10th June in deliberation unanimously adopted the following resolutions: -

(1): - The Native Delegates from different parts of Natal, while highly appreciating the Government's desire and intention to give the Native people of the Colony of Natal Parliamentary representation by the nomination of four members to represent them in the Legislative Council, would most respectfully point out that such members cannot be truly said to be their representatives but Nominees of the Governor in Council; and would, therefore most humbly beg to ask for the extension of the Franchise to the Native Races of this Colony.

(2): - With regard to Bill No 2 the Delegates wish to humbly express their inability to endorse it, inasmuch as it contains in its provisions several points which, in their opinion, may prove detrimental to the interests of the Native people.

(3): - The delegates further consider No. 3 unnecessary, and humbly request that it be not introduced to Parliament. They would, therefore, beg to strongly urge that Title Deeds be given in Freehold to those residing on Mission Reserves according to the terms of the original grants. With regard to Native Locations the Delegates would most respectfully request that they be left alone; but that Act No 37 of 1896 be repealed, as it is considered not conducive to the welfare of the Native people.

THE Delegates met the Honourable the Minister for Native Affairs the same day and presented to him the foregoing resolutions.

The said meeting of Delegates, (known as the Native Congress of Natal) appointed a Committee of fifteen of its members to watch the progress of the said Bills and to take such action as might be considered necessary to oppose the passing of these Bills into Law.

Your Petitioners are members of the said Committee.

[The petitioners then recount the follow­ing: their petitioning the Legislative Assembly with "no result"; the futile efforts of Congress's white solicitor to arrange for a deputation to meet the Governor; warnings from the Minister for Native Affairs and from his officials that intervention by an intermediary in "purely administrative" matters could not be permitted, that Natives must deal with the Minister, and that chiefs as "Government Servants" must secure approval from magis­trates before leaving their districts; and petitioning of the Colony's Legislative Council.]

THAT notwithstanding the said Petition the Bill,

"To provide for the better administration of Native Affairs" has been passed by both Houses of Parliament, but has, your Petitioners believe, been reserved for the signification of the pleasure of His Majesty the King.

THAT your Petitioners now respectfully pray that Your Lordship may be pleased to advise His Majesty not to assent to the said Bill, on the following amongst other grounds.

(a) It would confer the authority and powers now held by His Excellency the Supreme Chief alone, under the 39th and 40th section of the Code of Native Law, also known as the Schedule to Law 19 of 1891, on an indefinite number of officials who would not be answerable for their acts in any of the Courts of Law of the Colony. In support of which statement Petitioners respectfully refer Your Lordship to the sections of the Native Code above referred to and Part 3 of the Bill.

THE section of the Native Code reads as follows: -

(39) "The Supreme Chief in the exercise "of the political powers which attach to his "office has authority to punish by fine or "imprisonment or by both, for disobedience "of his orders or for disregard of his authority.

(40) "The Supreme Chief is not subject "to the Supreme Court, or to any other Court "of Law in the Colony of Natal, for, or by "reason of, any order or proclamation, or of "any other act or matter whatsoever, committed, ordered, permitted, or done either "personally or in Council".

PETITIONERS view with alarm the extension of the powers conferred by these sections, more particularly since, as is shown by the correspondence with His Excellency the Governor, the Secretary for Native Affairs, and the speech delivered by the Honourable the Minister for Native Affairs on the 3rd September, it will be practically impossible for the Natives to approach His Excellency the Governor and Supreme Chief, or the Secretary for Native Affairs, save through the Magistrates who, under the 13th section of the Bill, are to be deemed officers of the Native Affairs Department when exercising administrative functions in Native Affairs.

PETITIONERS are informed and believe that the powers given under the above sections of the Code are exercised not infre­quently, and they respectfully submit that these powers are likely to be exercised still more frequently under the Bill just passed, while by the decision given by His Excellency the Governor in the letter of the 28th August, above quoted, natives are practically debarred from laying their grievances before His Excellency as the representative of His Majesty save through the Minister for Native Affairs.

(b). That such provisions are opposed to the spirit of good and just Government and constitute an infringement of the rights and liberties of your Petitioners and the whole Native population of this Colony.

(c). That the proclamation of the Bill (which is now well understood by a large number of the Natives) as Law, will cause widespread alarm and discontent and create unrest amongst the Natives.

(d). That the 39th and 40th sections of the Code, even as they now stand, are opposed to the spirit and letter of the Law of the British Empire, and are repugnant to the spirit and principles of just Government, and any extension of such powers will render the condition of Petitioners and the Natives generally worse than it has been at any time since such powers were conferred.

(e). That the said sections as they now stand are not in accordance with the principles of our Native Law; no such powers as they confer were vested in any Supreme Chief before the Colonization of Natal by Europeans.

(f). That the passing of the said Bill into Law would tend to create artificial offences and subject Petitioners and other Natives to punishments without the right of appeal to the Courts of Law.

(g). That the provision in the said Bill as to the Council for Native Affairs, are inadequate and more likely to retard than advance the interests and condition of the Natives.

(h). That the Bill will create a number of officers who are not required in the interests of the Colony and the appointment of these Officers entail a considerable annual expenditure of money which could be used to much better advantage in the interests of all sections of the inhabitants of Natal.

(i). The powers conferred by the Bill on such officers amount to an interference with the Courts of Law and the administration of justice.

PETITIONERS earnestly submit that any legislation affecting the Petitioners and Natives generally should be framed so as to gradually elevate and improve the condition of the Natives and to afford them the fullest protection of the Law.

LEGISLATION of such a character would create a feeling of security and contentment on the part of

The Natives and tend to peace and welfare of the whole Colony.

THAT one of the first steps to that end would be to give the Natives the same rights in the Courts of Law as other sections of the inhabitants. This would afford Petitioners and the Natives generally a full assurance of the protection of the Law.

ANOTHER step would be to give the Natives the fullest opportunity of laying their grievances before HIS EXCELLENCY the Supreme Chief, the Government and Parliament.

IN support of the objections of Petitioners they annex hereto marked "C" a copy of the Petition recently presented on behalf of the Native Affairs Committee (consisting of representatives of all sections of the community) to the Honourable the Legislative Assembly.

PETITIONERS also beg leave to quote the following passage from a speech delivered by the late Right Honourable Harry Escombe then, and for many years after, one of the leading public men of Natal, and also at one time, since the establishment of Responsible Government in the Colony, Prime Minister.

"We know quite well, notwithstanding "the complete fairness and honesty with "which the Natives have always been treated "in the past, that the great danger in party "government in this colony (Natal) is with "respect to native Government, and that "danger will become nearer our doors in case "the natives are left without representatives to "speak for them in the popular Assembly, "which is the taxing house. For if it is right to "tax people, it is right to give them representatives to say whether the taxes should be "lessened or made as light as possible.

PETITIONERS would respectfully urge Your Lordship to adopt such a course, as Your Lordship may deem advisable to obtain for the Natives of Natal the same freedom of access and rights in the Courts of Law as are enjoyed by all other sections of the inhabitants of this Colony, (a step which the Petitioners regard as a vital necessity for the protection of the Natives), and the adoption by the Government of Natal of a policy that will tend to improve the lot of Native population, restore confidence in the Government of the Colony, and bring about contentment and peace.

AND YOUR PETITIONERS AS IN DUTY BOUND WILL EVER PRAY.

Natal, October 1908. As Witness to all the signatures of Petitioners. As witness to the signatures of Petitioners

STEPHEN MINI

M.S. RADEBE

A. MTIMKULU

THEO NTOMBELA

DYER NXABA

POSSELT GUMEDE

C. LUTAYI

M. SIVETYE

As Witnesses:

J. Warwick Tainton of Pietermaritzburg, Solicitor

A.C. Parsons of Pietermaritzburg, Solicitor's Clerk.

Source:

Karis, T & Carter G. M. (1972). From Protest to Challenge: A Documentary History of African Politics in South Africa, 1882-1964, Volume 1: Protest and Hope, 1882-1934. Stanford University: Hanover Press.

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