Documents: The Minister thanked the Conference and withdrew

DOCUMENTS 42a-42b. Dutch Re­formed Church Conferences DOCUMENT 42a. Proceedings and Res­olutions of the Dutch Reformed Church Conference, September 1923 [Extracts] (Published in European and Bantu}

VI. Natives and the Land Act of 1913. Chief F. F. Zibi.

All the authorities on the native question are agreed that the land question is the native question. The natives are a pastoral people, who lived and moved with ease when there was no land hunger. To-day the scene is changed, and they are crying out throughout the whole Union for land. Contentment among the natives, better understanding between the white and black races, and the solution of the native question itself depend mainly on a sound and satisfactory adjustment of land rights. For the purpose of this question the natives may be divided into four classes: (1) Those who live on reserves or locations under communal tenure; (2) those in surveyed locations whose ownership of their land is conditional; (3) squatters in surveyed locations and on privately-owned farms; and (4) those living in urban areas.

Natives living in reserves and locations are merely occupiers, not owners, of the land. The Government is the owner. How they can improve themselves is a difficult question. I heard from an authority on the subject "that he would not advise a man to build a decent house on Crown land"--and these reserves and locations are Crown lands set aside for the exclusive use of natives. Furthermore, accord­ing to regulations that were proclaimed to be in force last year, the white man--in spite of the segregation policy of the country--has framed rules to govern in these segregated areas, the native through a white man instead of governing him through a native. "Develop on your own lines," he says, "but I am going to tell you what those lines are to be."

The rule in the surveyed areas is "One man one lot," and no provision whatsoever is made for increase. The result is that all the sons of the lot-owners are squatters. We have been held, and are held, responsible by both Gov­ernment and officials for allowing squatters into our areas. I admit we are responsible--not for allowing squatters into our locations but for breeding them. We come now to squatters on privately-owned farms commonly called "morow corn" (come back to work even to-morrow). What future have these people?

The farmer wants them as long as they and their families work for him. What if a man becomes an invalid? What about his wife and children if he die? Where are they to go? These are questions the legislators should have asked themselves before they passed the law.

Origin Of The Act.

The Europeans, the governing race in this country, have through their Parliament, sought to solve the native question by first attempting to effect territorial separation of land rights between Europeans and natives, as the first instalment of the Union's native policy. This they did by passing the Natives' Land Act in 1913, a little over 10 years ago. The Act became law on June 19, 1913.

The official statement issued in November, 1913, on this matter, inter alia, stated that the Parliament had decided that an effort should be made to put a stop to the many social and other evils which result from too close contact between Europeans and natives. It is difficult to accept this statement as being the sole and only origin of the Natives' Land Act. On February 18, 1913, during the Parliamentary session of that year, the Minister for Lands was asked: (a) How many farms or portions of farms in the Transvaal Province have during the last three years been registered in the names of natives? (b) What is the extent of the land so registered? (c) How much was paid for it? The Minister replied: (a) 78 farms; (b) 144,416 morgen; and (c) £94,907. On Febru­ary 28, 1913, Mr. J. G. Keyter, Free State member, moved: "That the Government be requested to submit to the House during the present session a general Pass and Squatters Bill to prohibit coloured people (1) from wandering about without a proper pass; (2) from squatting on farms; and (3) from sowing on the share system." Mr. P. G. W. Grobler, a Transvaaler, moved (as an amendment) to add at the end of the motion: "and further to take effective measures to restrict purchase and lease of land by natives." As a result of these the Natives' Land Bill was introduced and passed towards the end of the same session. The Bill complied with the motion of Mr. J. G. Keyter and the amendment of Mr. P. G. W. Grobler.

Considering all these origins as a whole, and the fact that the Bill was passed by a Parliament of white men only, we can safely say that the Europeans in this country became apprehensive, and considered that the devel­opment of the natives and the growing desire on the part of the natives would eventually seriously jeopardise the future of the white man. That, in my opinion, was the true origin of the Natives' Land Act. And it was passed with little or no regard for the welfare and interests of the natives, and no thought given to the increase of the native population and the increasing desire of the natives to acquire land property of their own.

Three points are very important to be kept in view: Firstly, immediately the Act was passed it stopped the natives from purchasing, hiring, or acquiring any land or interest in land outside the "scheduled native areas." This was in terms of Section I of the Act. Secondly, the Act contains a schedule of native areas in which natives only may buy, hire, or acquire land or interest in land. Thirdly, outside these scheduled areas no black man can buy or hire land.

The Scheduled Areas.

What are these "scheduled native areas"? The recent official statement issued by the Department of Native Affairs, to whose lot has fallen the administration of this Act, says:

"The areas mentioned in the schedule of the Act comprised all the then existing native reserves or locations throughout the Union, and in addition much land privately owned by natives for tribal purposes." We have now got the answer in the clearest language possible. The scheduled native areas are the existing overcrowded and congested native reserves and/or locations plus much (?) (question mark in original text) land privately owned by natives for tribal purposes.

There is a wrong impression abroad that the Act protected native occupation of reserves and locations from being purchased or encroached upon by Europeans. A greater mistake and a more misleading statement could not be made. These reserves or locations have been granted to, and reserved for the exclusive use of certain native tribes, under certain laws. They were, and still are, pro­tected by those laws under which they were granted to natives. The deeds of grant of these reserves are, like all other grants, filed in the offices of the Registrar of Deeds ,of "the various provinces. The terms of some--if not all--of these grants clearly declare that these reserves are inalienable, and cannot be bought or sold, the reserves being exclusively granted to the tribes concerned. These reserves being inalienable, not even members of the tribes, for whose benefit the reserves or locations are held in trust can buy land therein. Under the terms of certain of these grants some of the locations could only be sold if the whole tribe rebelled, in which case the location could be confiscated.

Policy Of The Government.

The native areas recommended by the Beaumont Commission were rejected by the Parliamentary Select Committee, on whose recommendation the local committees were appointed. The local committee reports "were received with the same antagonism as had been exhibited in many quarters . . . towards the recommendations of the Beaumont Commission."

As already shown, the Act made it at once illegal for a native to purchase or hire land outside the scheduled native areas. These restrictions were regarded as temporary, and only to operate until the Parliament made further provision, acting on the report of the Natives' Land Commission, commonly known as the Beaumont Commission. Notwithstand­ing that, the Government has, according to the official statement, decided that "the time is not ripe to deal finally with the position arising out of the legislation of 1913." This is ten years after the passing of the Act, and ten years after "taking effective measures to restrict the purchase and lease of land by natives," no relief in the meantime being provided for the possible hardships and diffi­culties that might happen to the poor natives as the result of the administration of the Act! The restrictions that were taken to be tempo­rary can well be taken as permanent, for the Government states "it would be premature to ask Parliament to set aside definite native and non-native areas." This can be taken to mean that from June, 1913, the Act was greatly made operative against the natives only, who were confined to buy or hire land in the scheduled native areas; this restriction was to be temporary. Investigation and the considera­tion of the matter in the meantime went on. Finally, it is found the "Parliament cannot be asked to set aside definite areas for black and white," while retaining the restrictions imposed on the natives.

The Government in 1922 decided that local committee areas are to be regarded as areas in which natives could buy or lease land. (Sec. 16 of the Statement.) But the statement says, "it must be clearly understood that the Government does not propose to expropriate privately-owned ground within committee areas with view to making such land available for native occupation, nor does it propose to make free grants of land for tribal locations." And, "as regards Crown land in the committee areas the Government does not purpose to authorise permanent alienation without Parlia­mentary authority." And "time has come when it must be recognised that any addi­tional land which a man or community now needs must be paid for, either by way of purchase or of lease." Privately-owned ground within committee areas not to be expropri­ated: no free grants of land for tribal locations: Government not to authorise alienation of Crown land in committee areas. Where then can the natives buy or lease land? The answer is in Section 16 of the statement: "Local committee areas are to be regarded as areas in which natives can buy or lease land." Now what are these local committee areas? They are the existing overcrowded native reserves or locations, with additional adjoining Crown lands and two, three or four privately-owned farms, which by the demarcation of these areas fell within these areas owing to their close proximity to native reserves or locations.

No Land To Buy.

The policy followed by the Government is fully and clearly explained in the official statement, and on that statement's own show­ing the committee areas, as the law at present stands, are a mere theory and of no practical help to the natives. As I have shown that these committee areas consist of native reserves or locations. Crown land and privately owned farms, the Government does not purpose to authorise alienation of Crown land in those committee areas, nor does the Government propose to expropriate privately-owned farms within those areas, and, even if the natives have the money with which to buy those privately-owned farms, no farmer, under the Act, can be compelled to sell his farm against his wish. Boiled down, the whole policy comes to this, natives are practically allowed to purchase or hire land only in their own existing overcrowded locations or reserves.

The writer of the paper proceeds to consider the actual working of the Act and this policy, quoting statements to show that it is not only inequitable but also the cause of the actual hardships suffered by the natives, individually and collectively.

Evidently (he continues) a mistake was made in making and enforcing the Natives' Land Act before provision was made for the possible evictions of natives from farms as the result of the working of the Act. And now, this state of things has resulted in: (1) Other natives through circumstances beyond their control, have to enter into labour contracts with fanners under shocking, inhuman and unchristian conditions. (2) It has resulted in such natives wandering about with their families and stock looking for better places where they can get better terms. This treking about reduces the number of their stock and thus makes the natives poorer and poorer. (3) Great numbers of these wandering natives, or natives so turned out from farms, have gone to towns only to swell the great army of the native unemployed, and what is worse, some have become criminals in the town slums, some their homes broken--their wives and daughters and sons breaking away from pater­nal authority as the result of the undesirable influence of town slum life. Women have become illicit liquor traffickers. Young boys have joined the criminal gangs. One only has to go to native locations of big towns like Pretoria and Johannesburg, to see great num­bers of men and women in their raw state, which is evidenced that they are fresh from the native kraals in their locations.

The Natives' Land Act having done its "bit" towards harassing the natives and ren­dering them homeless in rural and country areas, and driving large numbers of them yearly into towns, the Urban Areas Act has now been passed which will have the effect of driving hundreds of thousands of natives out of towns, as only natives in employ will remain in the native villages in towns. The question arises now: Where will these people go to?

IX. Resolutions.

Unopposed motion by Mr. M. Pelem--

That this Conference of Representatives of various Christian Churches and races of the Union of South Africa, in meeting assembled, wishes to place on record its profound sense of gratitude, admiration and appreciation of the wise, timely and thoughtful appeal and invitation which has been addressed by the Federal Council of the Dutch Reformed Churches to the Churches and other bodies engaged in philanthropic work among the Bantu people of this country, calling upon them for co-operation and united effort and action in dealing with the solution of the Native question. This Conference would, moreover, and above all, humbly, but joyfully express its thankfulness to the Almighty God for the special gift of the Christian spirit of wisdom, grace and philanthropy which inspired and led the Rev. A. F. Louw to the conception and initiation of his grand idea and proposition.

This was seconded by Mr. W. W. Ndlovu, and passed with acclamation.

Native Education.

This Conference recommends that the Gov­ernment should as soon as possible consider the advisability of introducing a Native Educa­tion Act, the objects of which will be:--
(1) To place Native Education under the direct control of the Union Government;
(2) To provide funds to place the salaries of Native Teachers on a uniform and equitable scale;
(3) To remodel our system of Native
Education so that it shall be characterised by the greater adaptation of subjects and methods to practical needs, and that a larger place shall be given to industrial and agricultural training, domestic economy and hygiene;
(4) To provide a special place in the curricula for biblical and simple doctrinal knowledge, which should form a subject of examination, as the Conference is of opinion that there is no force like religion for raising the Native, and greatly deplores the tendency towards the neglect of religious and moral training in Native schools due to its not being subject of examination;
(5) To arrange for the administration of Native education under Government control by Advisory Councils on which the Government, the Missionary Societies and the Natives will be represented.

Christian Native Policy.

This Conference of Christian leaders among the European and Native sections of the population desires to declare its utmost emphatic conviction that the only sound and safe Native policy for our country is one based on the teachings of Christianity, and would therefore impress upon the Christian Churches and other responsible bodies and persons, the urgent need of employing every means for educating public opinion with reference to this subject of supreme impor­tance. The Conference would especially call upon the Churches to do all they can to stir up interest in missionary effort, among their members, and to quicken their sense of responsibility towards the Native and his conditions and aspirations. With an eye to this end the establishment of Native Welfare Associations is heartily recommended, and the training of the young to take an interest in their fellow citizens of another colour.

The Conference further resolves to appoint a Committee to co-operate with the standing Committee of the South African General Missionary Conference and the Native Welfare Associations in order to influence public opinion, inter alia, through Municipal and Divisional Council Congresses, and to watch proposed legislative measures, and if necessary to bring influence to bear on the Government in order to safeguard the rights of the Natives. Urban Areas Act.

(1) Regulations. Resolved that this Con­ference approach the Government through its Board of Officers, with a view to ensure that no regulations, either by Government or by Urban local authorities, shall be gazetted until they have first been published and time has been allowed for the full expression of public opinion thereon, both Native and European, and that the minimum period of 7 days provided in Sec. 23, Sub. Sec. 3, is not adequate; and further that in the framing of regulations by the Governor-General, the Minister, or the local Urban Authority, the spirit of consultation should be observed.
(2) Leases. Resolved that this Conference urge upon the Government and local Urban Authorities that the system of leasehold ten­ure in Native vallages established under the Act be generally adopted and generously administered, so as to meet the legitimate aspirations of the Native for security of homestead tenure. To this end the Conference urges that the Government prepare and sub­mit to Urban local authorities model leases.
The Conference also commends to the Native Welfare Societies, the working out of a common policy as to the terms and conditions of such leases, especially with reference to period of tenure and fairness of conditions.
(3) Building. Conference urges that in the construction of Native Villages facilities may be given whereby Natives may be encouraged to build their own houses (and also that Native contractors be allowed to tender for the erection of such houses as may be erected by the Urban Local Authority.)
N.B. The words in brackets were added by the Conference.
(4) Superintendents. That the Conference urge upon Urban local authorities the exercise of the greatest care in the selection of Location Superintendents, as the successful working of the Act will depend in a large measure upon the securing of suitable men of broad human sympathy for these posts.
(5) Reformatories. That in order to make possible the carrying out of Section 17, Sub. Sec. 2 of the Act which provides for the commitment of habitually idle or disorderly Natives to reformatory institutions, the atten­tion of the Government be called to the urgent necessity of establishing such institu­tions which must provide for both sexes. All except No. 5 were adopted.

Social Betterment.

(1) In the opinion of this Conference the conditions under which the Natives live in urban areas, and the paucity of the oppor­tunities available to them for social improve­ment and social expression make it urgently necessary that efforts for social betterment of Natives in urban areas be inaugurated.
(2) That such efforts should aim to pro­viding similar facilities to those provided for Europeans by the Y.M.C.A. and Y.W.C.A. and that organizations for the carrying out of such efforts should be on Christian and interde­nominational lines.
(3) That this Conference notes with gratifi­cation the inauguration of such efforts in several South African cities and commends the subject to the attention of the National Council of the Y.M.C.A. with a view to the extension and co-ordination of such efforts.

Segregation.

Resolution of Segregation proposed by Rev. Z. R. Mahabane.
That this representative Conference respect­fully recommends the Government of the Union of South Africa to convene a Confer­ence representative of the Government, the Churches, the European community and the Bantu population to consider and report upon the question of the advisability, desirability or feasibility or otherwise of segregation of the races as the best possible solution of the problem of race adjustment in this country.
This was carried 28 to 7.
Resolutions proposed by Mr. Brooke.
(1) This Conference is in favour of the principle of the differential development of the Bantu, so far as such differentiation is based on Bantu traditions and requirements, and is not used as a means of repression;
(2) So far as this general differential development can be described as "Segrega­tion," the Conference is in favour of segregation;
(3) Understanding "Segregation" in its limited geographical sense, the Conference believes that complete segregation is neither possible or desirable. It considers, however, that a partial possessory segregation (i.e., segregation based on prescriptive or other rights to the occupation of land) while not providing a panacea for the Native problem, is a useful subsidiary measure tending to facilitate administration, and it therefore especially recommends that the integrity of the existing locations be respected and preserved.
The Land Question.
The Resolution Committee's resolutions on the Land Question were then read as follows:--
That the Conference resolve
(1) That it would call the urgent attention of the Government to the very serious unset-tlement and anxiety caused amongst the Natives generally by the operation of the Natives Land Act, by the confusion and uncertainty with regard to its provisions, and especially by the failure to make adequate "further provision" as recommended by the Beaumont   Commission  and  the  local Committees.
It being the intention of the Act that any prohibition to purchase land arising under Section 1 of the Act should be counter­balanced by the power to purchase other lands to be defined by the Commission appointed under Section 2. The two should be inseparable.
The increased and increasing congestion in Native areas is intensifying competition between white and black in the labour mar­ket, and therefore it is in the interest of both races to proceed immediately to relieve that pressure by the provision of land for Natives.
(2) That with regard to provision of land for Natives:--
(a) The Government should give earnest attention to the possibility of organising financial help by Land Settlement Board, Banks, or other means, to facilitate the acquisition of land to be held by Natives on individual tenure.
(b) That it will be necessary for some time to come, to provide land for Natives to be held on tribal or communal tenure.
(!) That, in order to clear up the confused position that has arisen under the Act, defi­nite answers be requested to the following questions:--
(a) What local Councils have been recom­mended to the Governor-General by the Native Affairs Commission under Section 5 of the Native Affairs Act, 1920?
(b) What local Councils have been ap­pointed by the Governor-General as the result of these recommendations?
(c) What recommendations as to land have been made by the local Councils appointed?
(d) Under Section 14 of the Native Affairs Department Statement the Governor-General can be asked to approve of Natives buying or leasing land in areas recommended by the Beaumont Commission and a local committee if the price or rent was reasonable. Are there cases of the Governor-General's approval having been asked for? If so, (a) What is the number of farms bought or leased by Natives in Committee areas? (b) What is the propor­tion of Committee areas still occupied and owned by Natives?
(e) What steps have been taken to inform Natives of the available land in each area? How may a Native ascertain this information?
(f) Under Section 18 the Government does not propose to "expropriate privately-owned land in areas with a view to making such land available for Native occupation." Is it not, therefore, the case that action under Section 14 can be completely blocked by any indi­vidual European holding land to-day in such areas placing upon it an unreasonable price or rent?
(g) Has the Commission discussed with the Government the position of Crown Land in the Committee Areas, and has any land whether Crown Land or privately owned in these Areas been alienated or leased to Natives?
(h) Has the Government decided not to alienate any more Crown Lands whether to Europeans or Natives? In any cases, have there been alienations of Crown lands in Committee areas to non-Natives since the Act came into operation?
(i) Will the Government bring up the whole question of Native lands for the consid­eration of Parliament at its next Session? These were adopted unanimously.
Self-Government.
(1) This Conference believes the time has come for the State to devise machinery aimed at granting to all the Natives of the Union some method by which they may be enabled to have a voice in the management of their affairs.
(2) That in response to the legitimate claims made by their representatives, a beginning should be made in training the Native people on safe and wise lines in the forms of self-government by the establishment of Native local councils as contemplated under Act 23 of 1920.
These were adopted unanimously.

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