Documents - Part One: The All Africa Convention

Document 9. The All African Convention Proceedings and Resolutions of the AAC, December 15-18, 1935

(1) THE FRANCHISE BILL
On Clause 1 of the Representation of Natives Bill, the following Resolution was moved by Mr. H. Selby Msimang (Transvaal), seconded by Rev. A. Mtimkulu (Natal), that:-

(Preamble)

"In the opinion of this national convention of African chiefs and other leaders, the policy of political segregation of the White and Black races embod­ied in the Representation of Natives in the Senate Bill is not calculated to promote harmony and peace between the two races, for the logical outcome of its operation will be the creation of two nations in South Africa, whose interests and aspirations must inevitably clash in the end and thus cause unnecessary bitterness and political strife. The political segregation of the two races can only be justly carried out by means of the creation of separate States, and this, besides being undesirable and impracticable, is not contemplated under the Land and Trust Bill.
"The denial to the African people of participation in the government of the country of which they are an integral part, on the basis of common citizenship, is not only immoral and unjust, but will inflame passions and fertilize the soil on which propagandists will sow the seeds of discontent and unrest.

"The danger of denying to a people the right to work through constitutional channels for the improvement of its conditions is supported by the history of European countries, particularly in the first half of the nineteenth century.

"Another principle of these Native Bills is to set up the White man as the trustee of the African people, and to relegate the African people permanently to the position of a child race.

"This ought to mean that the Europeans are exercising, in the interests of the African, a disinterested tutelage for as long as this population is itself unable to take care of its welfare. The principle further implies that the trustee himself has no interest in the affairs he is administering, beyond the welfare of the ward. But where the White man forms part of the permanent population, as is the case in South Africa, the conflict of interests militates against the utmost good faith which a trustee ought to show in the discharge of his duties and responsibilities.

"Under such circumstances this convention is convinced that the only policy which will adequately safeguard the vital interests of both sections is one based on the principle of partnership. This principle of partnership should find expres­sion in all the councils of the State.

"The common assumption that the South African conception of trusteeship is identical with that evolved and pursued in her colonies by Great Britain we believe is erroneous and misleading. The policy followed by Great Britain in her possessions and protectorates is that of trusteeship, to be eventually superseded by full partnership, viz., responsible government and Dominion status, as is instanced by the development of the relations between Great Britain and India. This is the direction in which British administration in Nigeria, the Gold Coast, Uganda and Tanganyika has moved and is moving. In these territories, where African interests are paramount in theory and very largely in practice, there are no rights, duties and obligations which are closed to Africans merely on the grounds of race or colour.

"The hope that the paramount of African interests will be achieved in the segregation areas dotted all over the country is diametrically opposed to the facts of the South African situation. In a country like South Africa, where the interests of the racial groups are inextricably interwoven, the attempt to deal with them separately is bound to defeat its own objects, and the placing of the destinies of the under-privileged groups in the hands of one dominant group, however well intentioned, is fundamentally wrong and unjust.
"In the light of the above considerations, the convention is convinced that the only way in which the interests of the various races which constitute the South African nation can be safeguarded is by the adoption of a policy of political identity. Such a policy will ensure the ultimate creation of a South African nation in which, while the various racial groups may develop on their own lines, socially and culturally, they will be bound together by the pursuit of common political objectives.

"The convention contends that this object can only be achieved by the extension of the rights of citizenship to all the groups.

"The idea that the granting of full political rights to the African people would constitute a menace to the peaceful development of the Union of South Africa is disproved by the history of the Cape Colony prior to Union. In that Colony the wars and racial friction which prevailed between White and Black prior to the enfranchisement of the non-Europeans may be contrasted with the harmonious and peaceful relations which had characterised the contact of the racial groups during the last seventy-five years.

"We recognise that the exercise of political rights in a democratic State demands the possession, on the part of those who enjoy them, of a reasonable measure of education and material contribution to the economic welfare of the country.

"The convention is therefore not opposed to the imposition of an education or property or wage qualification, as a condition for the acquirement of political privileges, and believes that such measures would adequately protect the interests of the White population in whose favour the dice are already heavily loaded in view of the extension of adult suffrage to White men and women. In short, we believe that a civilisation test, such as was contemplated at the National Conven­tion in 1909-1910, is equitable but that the criterion of race or colour, which is implied in these Bills, is contrary to democratic government and is calculated to engender and provoke feelings of hostility and ill-will between White and Black.

"This convention is therefore opposed to the abolition of the Cape Native franchise and reiterates its firm conviction that the Cape Native franchise is a matter of such vital importance to all the African people of South Africa that it cannot bargain or compromise with the political citizenship of the African people by sacrificing the franchise, as is proposed in the Representation Bill. On the contrary, the Convention believes that the time has arrived for the immediate granting of the individual franchise to Africans in the northern provinces.

"The Convention enjoins all African inhabitants of the Union to observe Sunday, January 19, as a day of universal humiliation and intercession in their places of worship, public gatherings and private abodes. Prayers must be offered up for the Almighty's guidance and intervention in the dark cloud of the pend­ing disfranchisement of the Cape Natives by the Parliament of South Africa.

"This convention makes a direct appeal to the honourable members of the Senate of the Union legislature, nominated by the Government for their special knowledge of the reasonable wants and wishes of the Native population, and to the members of the House of Assembly to make strenuous efforts in opposing the passage of the clause that disfranchises the Cape Natives in the Representation of Natives in Parliament Bill and otherwise to use their vote to defeat other objectionable features in the Native Bills.

"Furthermore, that the Governor-General, in his capacity as chief execu­tive officer of His Majesty Government in this country, be requested to refrain from assenting to the passage of this clause, if passed by the joint session of Parliament.

"This convention feels that it is imperative to appeal to His Majesty King George V and the Parliament of Great Britain, as the present representatives of the original beneficent donors of the Cape Native franchise, for an expression of their opinion in the event of such treasured gift being abrogated by His Majesty's Government in the Union of South Africa without reason.

"This convention commends the policy adumbrated in the present Native Bills to the close study of African inhabitants in the protectorates of Basutoland, Bechuanaland and Swaziland, particularly in regard to the proposed future incor­poration of such protectorates in the Union."

The resolution on the franchise question was put to the convention and carried unanimously.
The following resolution, moved by Mr. L. T. Mtimkulu, was carried:--
"This convention resolves:--
"(1) That the resolutions on the Representation of Natives Bill and Native Land and Trust Bill be submitted to Parliament by a deputation of Africans during the next session of Parliament.
"(2) The said deputation to present the viewpoint of the African National Convention held at Bloemfontein on December 16 at the bar of the House of Assembly.
"(3) That it be an instruction to the deputation to submit to Parliament the contention that, in the opinion of this convention, no permanent or peaceful solution of the franchise or land question is possible unless it is the result of mutual agreement between representatives of White and Black races, which is only possible by means of a round-table or similar conference.
"This conference therefore respectfully requests the Government to consider the advisability of taking steps in the direction of calling together such a conference."

Mr. C. Kadale [Kadalie] (East London) said that past experience had shown that it was futile to ask for deputations to meet the Government. In case another failure should be met with, he suggested that at the conclusion of the convention the meeting should not be closed, but stand adjourned. Thus the convention would be in a position to deal with any eventuality that might arise in future.

Mr. J. Gunas [Gomas] (Cape Town) moved that the delegates to the convention should be instructed to form committees in the towns and villages to organise protest meetings. Success could only be obtained on the basis of the mass organisation of the people to carry on the struggle for the rights and liberties of the non-Europeans of South Africa.

AC&--A11 the above resolutions were passed with absolute unanimity, there being not a single dissentient, in the Convention sessions. In the committee on the Council bill the voting was 26 in favour of the resolution with 3 against. The harmony of the Convention was remarkable, when one considers its conflicting elements of extremists, die-hards, moderates and those who actually favoured the Bills. (President)

(2) UNION NATIVE REPRESENTATIVE COUNCIL

On the Union Representative Council Bill the following finding of the con­vention's committee dealing with resolutions was submitted to the convention in the form of a resolution:

"The proposals for the establishment of the Union Representative Council are not acceptable to this convention, for they are a substitute for the Cape Native franchise. This convention holds that the Government has the machinery provided for by the Native Affairs Act No. 28 of 1920, which is capable of improve­ment, through which the Government has power to consult the African people on matters and legislation affecting their interests.

"The convention urges the Government, therefore, to proceed with the estab­lishment of the local councils in the Union under the 1920 Act and any amendments thereof."

Mr. R. H. Godlo (East London), moving the adoption of the resolution, said that the Natives had found much that was good in the existing local council movement, which could be extended; but the establishment of a new national council as contemplated in the Native Bills could not be accepted as a quid pro quo for the vote.

Dr. P. ka I. Seme seconded.

Mr. L. Mtimkulu (Lady Frere) pointed out that the formation of local councils was dependent on the wishes of local communities. He advocated the dele­tion of the last sentence of the committee's finding. To this the convention agreed.

The resolution was carried with the following in place of the deleted portion:

"This convention is strongly opposed to the creation of another colour bar in the Provincial Councils under the guise of the Provincial Council representation of Natives, as contemplated under the proposed Representation of Natives in Parliament Bill. The system of representation in vogue in the Cape Provincial Council, where there are no restrictions on the participation of non-Europeans in Provincial Council matters is, in the opinion of this convention, a model which might well be adopted in the provincial systems of other provinces, as well as by the Union Parliament itself."

(3) NATIVE LAND AND TRUST BILLS

In introducing a number of proposals in connection with the Native Land and Trust Bill, Dr. A. B. Xuma said that the Bills were a thorn in the side of South Africa. Land was the most important item in the life of a nation, and even aeroplanes, in spite of the wonders they performed, had to come down to the ground. The proposals he had to make were the outcome of the consideration of the executive committee of the convention.

The proposals, which were passed without opposition, were as follows:--

"This national convention of chiefs and other representative leaders of the Bantu people regards the proper adjustment of the land problem as fundamental to the so-called 'Native question,' and therefore welcomes the attempt of the Government to deal with this matter.

"At the same time the convention wishes to point out that the efforts of the Government in this direction are vitiated by the gross inadequacy of the morgenage of seven and a quarter millions which it is proposed to set out as a maximum amount of land to be acquired by the Natives' land trust to be established under the Bill.

"When it is further borne in mind that, even if this morgenage were to be made available under the Bill, it would secure to the Native population only about 17 million morgen of the total morgenage of 143,000,000 in the Union, the failure to take into account the future needs of an increasing Native popula­tion will be realised.

"The true aim of land adjustment, we maintain, should be to provide the bulk of the Native population, which is predominantly rural, with sufficient land to allow of their making a livelihood.

"The fact that this aim is ignored by the Native Land and Trust Bill tan only be interpreted by the African people as a vague attempt to force them out of their reserves into a position of economic dependency.
"In connection with chapter IV of the Native Land and Trust Bill, this convention desires to point out that the problems of labour, tenancy, squatting, and so on, are a direct result of the inadequacy of the amount of land set aside for Native occupation.

"Further, this convention is convinced that the restrictive provisions of this chapter are not only unnecessary but negative in effect, and the convention urges the Government to drop this whole chapter in the Bill and to take as a first step:--

"(a) A Union census of the Native population in order to ascertain the distri­bution and number of the Native people in the following areas: (1) The Native reserves and privately-owned Native lands; (2) Squatters, labour tenants or ser­vants on European farms; (3) The proposed released areas;
"(b) The convention urges the Government to appoint a mixed commission to investigate the ownership of the proposed released areas.

"This convention is of the opinion that only after these facts have been ascertained would it be possible to determine with any degree of accuracy the actual amount of land which is being made available for African occupation under the Land Bill.

"This convention welcomes the suggestion of the establishment of a South African Native trust, but recommends that the powers of such a trust be defin­itely defamed, and further urges the Government that, in the event of the Bill becoming law, definite financial provision be made to enable the trust to secure sufficient land for the needs of the African people within five years from the date of the commencement of the Act, and also adequate additional funds to enable the proposed South African Land Trust to carry out its functions."

In seconding the motions, Mr. H. Selby Msimang (general secretary) claimed that the Native legislation had been undertaken in the dark and there was no intention on the part of the Government to grant more land to the Natives. The 7% million morgen of land had been set aside without any knowledge of the size of the population affected. In 1926, he stated. General Smuts had said that the reserves were over-crowded and that there were up to 9,000 squatters who would have to leave the land they occupied. He asked what had the 7% million morgen been released for and how many African families would be able to get accommodation there? If the scheduled areas were crowded where would the surplus population go? There was not sufficient ground to accommodate the Native population.

Mr. Msimang hoped that some relief would follow the release of the 7% million morgen, but he claimed that this area would be given to the Natives, for land that had been placed on the schedules before 1913 as being Native-owned was now being released for Native occupation under the Bill. He mentioned a case in the Transvaal where a chiefs farm--property which had been bought by the tribe and scheduled before 1913-was being released today. He requested that a commission be appointed to find out if the Natives were really getting any new land.

There seemed to have been a conspiracy against the Native people, Mr. Msimang continued, with the object of condemning them to everlasting economic slavery.

More than a million Natives were living on the farms of Europeans under conditions bordering on slavery. They were called squatters, labour tenants or servants, but they received no pay. The labour tenants received strips of land to plough instead of payment and the farmers made sure that each received not more than ten bags of grain out of the land. This they accomplished by keeping the tenants busy with their work, with the result that the Natives either had to plough very late at night, or early in the morning. When weeding had to be done, the tenant's wives were needed by the employer for housework.

Chapter four of the Bill stated that the squatters would have to leave the land within ten years and after that period each farmer who wished to keep a squatter would have to pay a licence fee. The labour tenant, however, only had to be registered under the name of the farmer. The Bill did not say what protection would be granted to the interests of the labour tenant. The farm owner would have the right to use the tenant's oxen without payment (chorus of dissent from the gathering) and he would also be able to take the milk from the tenant's cows. All this tended to drive the labour tenant off the land.

Where would this man go, Mr. Msimang asked. Would he try to enter service in the towns? A Government Commission had been appointed to seek means of driving the Native out of the towns and to keep him out.
There was no room in the scheduled areas. No land could be given by the Trust. The result would be that the Native would have to surrender to the nearest person who would give him food.

The Rev. Z. R. Mahabane predicted the outbreak of a revolution in South Africa. The Europeans, he said, underrated the intelligence of the Natives and although there were only about two million White people in the Union they were appropriating 80 per cent of the land--the land that had been the birthright of the Natives. In addition the Europeans were creating further reasons for discontent among the Natives.

Speaking as a man who occupied a position of grave responsibility among the community, Mr. Mahabane claimed that the trend of Native legislation in South Africa was definitely going to lead to a Native revolution. He could see a revolt coming unless the policy with regard to the Natives was drastically altered.

Other speakers claimed that the Government was taking the land of the Natives and returning it to them as a gift. It was true that under the Native Mr. S. P. Akena (Cradock) said that the object in transferring Native represen­tation from the House of Assembly to the Senate had been to enable the Euro­peans to present a united front/which meant that trouble was brewing for the Natives. Another instance of this had been the two great White parties-the South African and National Parties--had come together in Fusion.

As evidence of the obstacles put in the way of the Natives, Mr. P. T. Xabanisa (Idutywa) said that in 1852 the qualification for the Native voter in the Cape had been the ownership of a house worth £25. Subsequently this was increased to £50 and then to £75. The Natives had worked and sold their stock to build such houses.

The Rev. R. M. Tunzi (Kokstad) said that the Natives should not have to go on bended knees for what they were entitled to. They should have equal rights in this country.

Mr. B. S. Ncwana (Port Elizabeth) said he also wanted to register his protest against a policy of permanent retrogression. Some people seemed to think that there was something in the council system of representation. Such a system was operative in the Cape Province, but it excluded the thousands of Natives in the urban areas. What hope, therefore, had the urban Natives in the northern provinces in the Government's council system?

Mr. R. H. Godlo (East London) said that there could be no substitute for the right of citizenship. On it there could be no compromise. The franchise, he contended, had been virtually conferred on the Natives under the fiftieth ordinance of the Cape, 1828, which had granted the Natives a legal and economic status. The Natives should tell the Government they were not prepared to compromise on the franchise.

It was not satisfactory, Mr. Godlo said, to give the Natives a separate franchise and separate representation. That would still debar them from the rights of citizenship.

Mr. I. B. Mbelle (Pretoria) declared that in 1926 General Smuts had said that if the Natives of the Cape were deprived of the vote, it would be a direct violation of the constitution. General Smuts had also said that no change should affect those already registered as voters. The Natives, if given the vote, would never be able to swamp the White man, because the White man and the White woman both had the vote.

Dr. G. H. Gool, an Indian of Cape Town, said that in the Cape the colour bar had been smashed and it was up to the Convention to smash the colour bar in the rest of the Union. The Cape delegates were not present to discuss the Native Bills, but to reject them in toto and lay the foundations of a national liberation movement to fight against all the repressive laws of South Africa. The position of the Bantu people in South Africa was like that of the worker in Britain during the industrial revolution when, in 1832, the workers were deprived of their vote. It took the workers many years to regain that vote.

Mr. B. Mashologu (Basutoland) contended that the Cape vote was not the franchise, for the Natives there could not send the people they wanted to Parliament, but were bound to send European candidates elected by other people. No race could be adequately represented by another. The Cape Natives had .the shadow but not the substance.

Mr. J. Marx [Marks] (Johannesburg) said it was time that a halt was called to the blundering exploitation of the Natives. The time had arrived for the consolidation of the African people against their offenders. The present policy of subordinating the Natives and chiefs was bound to end in bloodshed. An active policy should be adopted by the Natives, who should refuse to pay taxes until their rights were recognised.

The resolution was then submitted to the convention-and unanimously passed.
On Wednesday the Council and Land Bills were discussed and resolutions thereanent adopted...
In the evening numerous votes of thanks were proposed and passed.

In bidding the delegates farewell, the vice-chairman, Dr. Xuma, said that the Bantu had reached a higher stage of civilisation than most people realised. At this session of the convention they had retained their dignity, which was a tradition of the African people. They had behaved as ladies and gentlemen of Africa and true sons and daughters of the soil. More august bodies had not behaved so well when faced with such grave circumstances. He thanked the delegates for their decorum.

Votes of thanks were passed to the Chairman and all the office-bearers; all the committees; to Mr. Mapikela and the local committee that organised the boarding and lodging arrangements; all helpers; the Bantu Press; the local Press, especially the Reuter service; and everyone else concerned.

The Convention came to a close with the singing of the Bantu National Anthem Nkosi Sikelel i-Afrika (God Bless Africa).

<<MENU / DOCUMENT 8 / DOCUMENT 9 / DOCUMENT 10 >>