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DOCUMENT 39b. Proceedings and Resolutions of the Governor-General's Native Conference, 1924 [Extracts] (Published in Native Affairs Commis­sion [Union] Report for 1925)

Chairman's Address.

Mr. Roos, in addressing the meeting, said:--

"I have pleasure in welcoming the delegates to the third Conference under the Native Administration Act of 1920.
"The Prime Minister's intention was always to open this Conference in person, but unfortunately his duties have called him away, and on his behalf and at his request I am welcoming you here.

"The principal matter before you for discussion is the proposed Bill to secure uniformity of taxation.

"As you will discuss that Bill very fully, I will content myself by saying that the Bill provides for a general tax payable by every male Native in the Union of 18 years and upwards of £l per annum, and in addition a local tax payable by such Natives resident in Native locations of 10s. per annum.

"The way in which the proceeds from this taxation will be utilised is set forth in the Bill, and discussion will show the extent to which it is applied to the benefit of the Natives of the Union.

"I may refer in passing to the segregation policy generally associated with the name of the Prime Minister.

"That policy is largely in the interests of the Native population, and the Prime Minis­ter's intention is by its use to secure the development of that population along lines natural to itself.

"It would be inadvisable for me to make any further statement on this subject, as the Prime Minister proposes at the next Session of Parliament to lay his views before that body.

"It may perhaps not be out of place for me to make some remarks on the recent campaign pursued in the Press and elsewhere regarding maltreatment of Natives.

"The point of the attack was the diversity of treatment meted out to Europeans for offences against Natives and to Natives for offences against Europeans.

"As far as the higher Courts of Justice are concerned, a Native accused may of course call for trial by a judge alone. He is therefore always able to escape trial by jury if he distrusts a body of that nature.

"The European has the same option, and the complaint is that a jury in the case of crimes against Natives is prone to acquit or convict of a smaller offence than that actually perpetrated. In so far as this is a complaint which is rightly founded, it seems to me that it is only by the proper moulding of the character of the community that a reform can be obtained.

"It must be borne in mind that the punishment inflicted is not confined to the verdict or the sentence. To that must be added the arrest, the long drawn out legal process, and the expense involved.

"In addition, the aggrieved party has his remedy in a civil action for damages, and it would be well if this were made generally known, because under Native law and custom many offences which are under European law punishable as crimes only give rise to compen­sation for the damage sustained. In South Africa criminal steps are taken generally speaking for the wrong against the majesty of the State, against the infraction of law and order in the State and to prevent at the instance of the State any interference with the safety and security of its inhabitants.

"The aggrieved party himself has his civil action for damages, which is not cut down or removed by the criminal steps which the State has taken to vindicate its own dignity.

"I personally believe that there is more cause of complaint in the lack of courtesy obtaining in Magistrates' Courts and the way in which Natives are treated there considered quite apart from the merits of the complaints brought against them and the justice of the judgments and sentences imposed upon them.
"I am enquiring closely into this matter with a view to ameliorating present conditions.

"In your position as leaders of the Native people it must be apparent that in many respects their conduct is worse than it was in the past, and it is a matter of regret that Native women, many of whom are still children, roam uncontrolled about the towns at any hour of the night whereby immorality and criminality amongst the Natives are greatly increased.

"Many of the wiser Chiefs in the country view this evil very anxiously indeed, and desire that by proper control it should be lessened and finally stamped out.

"In conclusion I need scarcely say that the value of your deliberations remain as great as in the past, and that the conclusions at which you arrive will receive the earnest and serious consideration of the Government, which desires to give its assistance to the important portion of your population which you represent and thereby enable that population to develop itself in the interests of the whole community of which it forms a part.

"I declare this your third Conference formally opened."

Mr. Dube, in moving a vote of thanks to the Minister, stated that he appreciated Mr. Roos' address, and was voicing the feelings of the delegates in expressing that appreciation.

As regards the question of taxation this was a very difficult proposition, but they appreciated the fact that the Government was giving them an opportunity and plenty of time to discuss it.

In regard to segregation, the principle would be acceptable if the Government were benevolent, but the Natives did not see how they could be segregated and yet be given sufficient land for development. They were greatly disappointed to see Crown land being cut up for poor white settlement when the whites had already so much land at their disposal. He spoke for the Zulus who saw large tracts of Crown land hitherto regarded as their own now being cut up for Europeans. Large tribes were being moved away from those territories. Where, he asked, were the lands to be given to them as indicated by the Natives Land Act? A large proportion of the Natives squatted on European land. Yet the Natives were continually told that they were to have their lands where they could develop.

Anyone knowing the land question was aware that only in Pondoland and Transkei did Natives have sufficient land to develop.

Natives were being driven from towns, discharged from jobs in which thousands had sacrificed their lives in the interests of the white people. He prayed the Government to be generous and to bear in mind the interests of the Natives as well as those of the whites.

In regard to the treatment of Natives in Courts, the white people seemed to have it in their minds that the lives of Natives were of no account. Natives had been recently murdered by Europeans and the punishment inflicted had been very small. They were glad to have the Minister present to express their feelings in connection with this serious grievance.

The case of a girl who was tied to a cart and beaten made their blood boil. They were here as Natives of this country, and God had placed the whites here to administer justice and see fair play.

Natives were not hard-hearted, and responded to justice, but when outrages of this kind were so lightly punished it did not help the Natives to become more loyal to the powers that be.

The white people wished to segregate the Natives but they would have a difficult job to do so. God had ordained that they should live together, to work together and that the Natives should benefit by the thousand years of European civilization.

If the Europeans threw the Natives far away and told them to develop on their own lines the former would be evading and shirk­ing their responsibilities.

In the ill-treatment of Natives--blame attached to both white and black. Native policemen "bashed" prisoners and this encouraged young men in Court to ill-treat blacks. It was horrible to see the punishment of Natives without trial in Johannesburg Courts on Monday mornings.

A Native is asked "U ne cala na?" (are you guilty) and he replies "Yes" meaning "Yes, I have a case against me" but not intending to plead guilty to the charge, and he is immedi­ately sentenced.
The faulty interpretation was a real grievance.

The majority of Natives did not know of the privilege of being tried by a Judge alone.

The European rulers were largely respon­sible for the looseness of Native women. Nowadays the Chiefs were figureheads with no authority and the parents had still less authority over their children. For small offences which could be tried by the Chief or his council. Natives were dragged to Court.

The only way to enable parents to control their children was by adjusting the relations between the people and their Chiefs.

Mr. Jabavu, in seconding, stated that Mr. Dube had spoken what they really felt. They felt highly honoured to see a Minister among them in the flesh and they appreciated the personal contact as it did more than correspondence or press reports. He was glad to hear the Minister's intentions. The only hope of happiness was for both sides to approach a question with sympathy.

The Natives realized their helplessness and for that reason Europeans should therefore be more sympathetic and remember the motto "noblesse oblige".

He asked the Minister not to take too much notice of violent language from Natives which appeared in the press. That was merely a psychological development of the Native from childhood to boyhood. It was precocious but harmless.

Mr. Thema endorsed the remarks of the previous speakers.

The Natives felt very keenly the attempt to replace their labour by European labour for they had played a great part in the develop­ment of the country and its industries.

At one time the idleness of the Natives was considered a curse by the Europeans and pressure was brought to bear on the former. The poll tax was imposed to drive the Native from the kraal to the mine compounds. Europeans had also encroached on land occupied by Natives and now the latter were without land and compelled to work.

The Natives had helped to build up civilization and industries when the whites were only a handful but now they were regarded as dangerous.

They felt ill-treatment keenly and thought that if such were suffered by Europeans they would certainly take up arms.

Lawlessness on the part of the Europeans would lead to lawlessness on the part of the Natives. He pleaded for justice and a spirit of co-operation and referred to Dr. Malan's encouraging address at Fort Hart in which it was said that the country was the common heritage of both white and black.

Mr. Makgatho said he would like an explanation from Mr. Roos with regard to an alleged statement that a Native should not be treated as lightly as a European and also that Father Rand's remarks were nonsense. The Standerton case was a travesty of justice. They heard a lot about justice but he did not know of a single European who had been hanged for the murder of a Native.
The Minister of Justice thanked the delegates for the vote of thanks.

He stated that Mr. Makgatho had misread in the press what he (Mr. Roos) had stated. What he had stated was that the Standerton case was exceptional and that it was nonsense for Father Rand to say that in the Northern Transvaal Natives scurry away from white people. Father Rand had, he believed, contradicted this.

Further, in reply to Mr. Makgatho he pointed out that in 1922 Europeans had been hanged for the murder of Natives.

He (Mr. Roos) had said that the Judge in fixing punishment had to consider its bur­den, the expense involved in the trial, and the effect of its infliction. A certain differentia­tion in punishment was necessary if the Judge or the Magistrate was doing his duty properly.

He could not tell Judges or Magistrates what punishment to impose--that was their duty. But, after the imposition of a sentence, any accused who thought it too severe had the right to put the matter before the Minister directly by letter or petition. If he (Mr. Roos) thought the punishment too hard he recommended the Governor General to reduce it. Since he had been in office he had made recommendations in a large number of cases-- both European and Native.

The question of interpretation in the Courts was already under his consideration and he would try to remedy matters.

The Minister added that Mr. Dube had tried to inveigle him into a discussion on the Prime Minister's policy of segregation. In doing so he had made two assumptions, firstly, that the Natives were to be pushed aside from the whites in certain areas, and, secondly, that those areas would be too small. The delegates would find, however, that when the Prime Minister made his statement to Parliament next session, General Hertzog would avoid the difficulties mentioned by Mr. Dube. The Natives would receive assistance in their areas from enlightened white men and he hoped that this would only be initial assistance and that Natives would eventually work out their own salvation under segregation.
In conclusion, he wished the Conference success in their deliberations, and thanked them for their vote of thanks.

At this stage Col. F. H. P. Creswell, Minister of Labour, entered the Conference Hall and addressed the delegates on the following lines:

"You have asked me to come down to explain to you what is the Government policy with regard to labour, and particularly what is known as the civilized labour policy. Well, it is simple. It is the desire of the Government to open up every avenue of employment in which a man can earn a wage that a European and a man who desires to live like a European can live on. And this, so far from being directed against the interests of the Native peoples, is entirely in the best interests of the Native peoples.

"We have been drifting along into a condi­tion which anybody with intelligence can see is not to the interest of the European or of the Native peoples. Just let us understand the position and what are the causes that have brought us to the present state of affairs. What has brought masses of Natives out of their natural surroundings and into the white man's big industries and white man's towns?

"Go back a long time--when diamonds were first discovered. The man used to dig them for himself at first. Then the Natives came along and they were employed because they worked for a very low wage. Then the white man went to the Native territories and brought Natives from there to the mines, and thus gradually the recruiting system began. Enormous sums of money had been spent on recruiting Natives in large masses for the gold, coal and other mines and industries.

"At a very early date there were not enough Natives content to work at this very low wage among our own Natives and so Natives were brought in from Mozambique, and then you will remember, more than 20 years ago it was said that there were not enough Natives in the Country, and so they sent to China and got Chinese to come out to work for the same low wage. When the Chinese went away the Government helped in trying to get Natives to come from the Cape Colony at the same low wage. Now this has not been good either for the Native people or for the European workers.

"For the Natives one effect has been that their territories have been looked upon prin­cipally as a place from which to get cheap Native labour instead of looking upon them as territories in which Natives should be helped to discharge their responsibilities and make their territories happy, and where they could develop along their own lines. The present system works out badly for the European workers because all the avenues are crowded with Natives working under contract on a wage on which a European cannot exist. Now the question the Government and the country is faced with is this: Are we to go on drifting like a log in a stream, or are we going to study what is best both for the European and the Native and try so to arrange things that each can develop his own nature with the least possible interference one with the other? When you have a thing of many years' standing and it is all tangled up as this is, you cannot suddenly take it and tear it apart without hurting people. You have got to go very carefully, disentangling one string at a time lest you break one and injure people. I want to progress now when there is a great deal of unemployment among Europeans--1 should like to do--a great deal more than I have done--but the Government has to realize the difficulties of the situation. Here is a European and there is a Native. When I want to go so far my friends here (the Minister indicated the members of the Native Affairs Commission and the officials of the Depart­ment) say 'No, we must make arrangements for the Natives.
"Now this native taxation measure which you have been discussing for the last two days, and particularly with regard to the large sums of money for agricultural education and instructors is just part of the machinery to help the Natives. While provision is being made on the European side the native side is also receiving attention."

Proceeding Colonel Creswell said: "that more and more Europeans should take part in every phase of activity. Now all that was not a thing which could be done suddenly. They would have to go very carefully because the habits of the Europeans and the Natives could not be changed by 'just saying so'.

"The Government fully realize their responsibilities towards the Native peoples of this country. The Government fully realize two things: First of all that those Natives who wish to advance in civilization should have the opportunity of doing so; and they realize that in order that there shall be the least possible clash between the Europeans and the Natives that they should direct and focus their help mainly towards Natives in their own terri­tories so that these may be a centre of their own advancement. And while we recognize that, we also recognize the necessity for maintaining the European civilization in this country as a vigorous and strong one. You know that the Native peoples in this country own their present security and much else to the civilization which the European people have brought to Africa. You also owe some evil things which are due to the Native being taken out of his more natural conditions. Well, we want to try to preserve the good and diminish the evil as much as we can. What I have sketched to you in speaking of the present conditions of affairs is merely an indication on broad lines.

The Minister continuing, said with regard to particular measures the question would have to be considered whether the time had arrived for a particular action, and various circumstances would have to be taken into account in order that justice might be done to both Natives and Europeans. Not only from the European side would they be warned if they went too far. From the Native side, from the Native Affairs Commission and the Department, it would be said to them, "You must think about the Natives in this case."

"So you need be under no anxiety, under no alarm, that the measures which we may feel bound to take in the interest of the Native peoples will not be brought to our attention by the Native Affairs Department and the Native Affairs Commission."

Mr. Thema, in moving a vote of thanks to the Minister, said when the Natives were first recruited for labour they would have been content to remain in their kraals. The Europeans, however, had not been content to remain in Europe, and they caused the great changes in this country. It is most unfair for the Europeans, therefore, not to consider the interests of the Natives at the present time.

If the Government wished to do something for the Natives they would have to consider the question of land. He was not referring to segregation, but he thought that Natives were entitled to more lands on which to develop. The Natives Land Act was introduced to provide farmers with cheap labour, but the effect was to drive the Natives into urban areas. There was no danger to white civilization to-day, because it was established in the midst of the barbarism of the people. How could anyone expect the Natives to go back from a civilization to which they were awakening? He realised the gravity of the problem, but he thought it would lead to greater understanding if the blacks and whites con­ferred more frequently. In the past, measures for Natives were brought forward without consulting the Natives. In conclusion he appealed to the Minister to make ample provision for Native settlement on the lands if an adjustment of the labour problem was to be attempted, and he drew attention to the fact that Europeans had turned their eyes to North Zululand, essentially a Native territory.

Mr. Jabavu seconded the motion, and said that Sir George Grey had employed cajolery to get the Natives off the land to work for Europeans. The great Cecil Rhodes had employed similar means. In the Cape out of 260,000 square miles only 3,000 square miles were in possession of Natives, and over a million Natives populated that small area.

If the Natives were being taken off the land where would they go? With regard to urban areas, the opposite was the case, because Natives who were born in towns could not go back to the land. He hoped the Minister would consider sympathetically all the points raised.

Mr. Mahabane associated himself with the previous speakers, and eulogised the work of the Native Affairs Commission in their endeavours to persuade the Government not to act too quickly in the replacement of Natives by whites.

He appealed for greater race co-operation, and mentioned the work which Dr. Jesse Jones and Dr. Loram had done in this respect. There could only be race co-operation if all sections of the population were consulted on vital questions, otherwise wrong impressions might easily be created. The great congestion of the Native people should also be considered, and by replacing Natives by whites this congestion was being increased. It was regrettable that the Government had set the example, especially on the railway, of this replacement of the Natives.

He hoped in conclusion that the Govern­ment would not bring forward any more oppressive and repressive measures. The Natives were by nature socialists and com­munists, and they knew what oppressive measures had produced in Russia--Bolshevism. By introducing oppressive measures the Government were creating a fertile field for Bolshevism, Ghandiism and other evils.

Colonel Creswell, in reply, said that about two years ago he had read an article written by one of them, Mr. R. V. S. Thema, Johannesburg. It was entitled "Race Problems." Mr. Thema was the first among the Native race he (the Minister) came across who recognized that what was called the "Native problem" was a problem which was on the one side the white problem, and on the other the Native problem.

But it seems to me, proceeded the Minister, that Mr. Thema this morning was looking upon the whole matter from the Native point of view.

"Might I ask Mr. Mahabane," Col. Creswell said here, "is it wrong for the European people  in  their industries to employ Europeans?"

(Mr. Mahabane: No, sir.)

"You say the Native has nowhere else to go," the Minister went on. "And the European? Is he to starve outside?"
"Mr. Mahabane had spoken of the country being divided--one-half European and the other half Native. Do the Europeans, asked the Minister, teach the Natives nothing in regard to the methods of agriculture, and so on? Do the Natives own nothing?

"Some of the delegates to-day have spoken as if the Government intended to take all the Natives wholesale out of the towns and fling them on to the veld. There is no ground for any such apprehension.
"May I say I have seen in the Press many remarks which might give Natives that impression. I am afraid behind that feeling are many, many Europeans who principally look upon the Natives as convenient people to exploit in the industries.

"I thought I had said the Government, in pursuing their policy, are going to be even-handed. And we realize--as one of the speakers stated-that we have got land. There are two things about land. There are two ways of increasing land, you know.

"One is by taking more acres; the other is by successful agriculture, to be able to produce more on the same land. What we have already begun--what we have continued in this Native Taxation Bill--will be the setting aside of considerable sums of money merely to instruct and educate the Natives in agricul­ture.
"Don't you approve of that? Is not that a good thing to do. Should not that money be expended?

"I want to get out of your mind what may have been suggested--from other quarters-- that it is the intention of the Government to take all the Natives out, like you take a lot of apples in a basket, take all the Natives out of the towns and throw them away like that.

"There is no such intention. But we have also a responsibility to the European, and the European youths in this country, so that they have a fair and good entry into the activities of this country. "Mr. Thema said there was no danger to European civilization from men like himself, and many others. Of course there is not--not a particle! But there is danger to the European civilization of this country if by the arrange­ment we have drifted along into, increasing numbers of Europeans cannot earn a living in the country.

"There are many other elements in the situation which produced the present condi­tion of affairs. He (the Minister) would be very pleased to discuss the whole matter with any deputation.

"I want to finish up on the note that Mr. Thema himself struck in the article," Col. Creswell concluded.
"This problem is not the Native problem. It is the Native and white problem; it is the race problem. And if you are to make progress with it you must not do what Mr. Mahabane suggested we are doing--using material entirely from the exploiting idea.

"No; you have got to regard it with a long view to the future. We believe we are doing so in the way we are tackling it--in trying to get towards a position where there will be less tendency to race antipathies, and more real  co-operation  instead of pretended co-operation.

"Don't imagine, on the one hand, that the policy of the Government is to throw the Natives away like you would a kitten.

"On the other hand, don't presume to think that in this country the European has not got the right to get employment in every possible occupation. I am sure there is no such assumption on the part of the Native population."

Colonel Creswell then retired.

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