Documents: The Minister thanked the Conference and withdrew

DOCUMENTS 43a-43b. National European-Bantu Conferences

DOCUMENT 43a. Proceedings and Resolutions of the National European-Bantu Conference, February 1929 [Extracts] (Published in Report of the National European Bantu Conference)

The following motions drafted by the Committee on Native Agricultural Develop­ment were then considered and adopted unanimously:--

Native Agricultural Development.

The Conference records its hearty appreci­ation of the Government's action in appoint­ing a senior officer of the Agricultural Department to the important work of super­vising the agricultural interests and activities of the Native population of the Union.
The Conference urges all Native chiefs, leaders, and societies, to render every possible assistance to this officer, and is confident that such co-operation will lead to a vast improve­ment in the agricultural prosperity of the Native peoples.
This Conference is impressed by the need for the development of Native Agriculture whether in Native areas or elsewhere, both for the sake of the uplift of the Native peoples themselves and for the general advancement of the country's social and economic resources.
The Conference, having had before it the progressive measures adopted by the Transkeian Administration and the Transkeian Territories General Council which have already resulted in considerable progress in that area, supports the following agricultural policy, for the carrying out of which the establishment of Native Local Councils should be actively encouraged:--
1. The extension of individual land ten­ure for Natives.
2. The establishment of agricultural schools for Natives, both Government and Government-aided, using wherever possible existing Institutions.
3. The training and employment of Native  farm-demonstrators  in increasing numbers.
4. The extension to other areas of the Transkeian system whereby grants are made towards the cost of boundary fences on the £ for £ principle, and also the erection of camp fences partitioning the commonages.
5. The extension of the privileges of the Land Bank to Native agriculturalists.
6. (a)  The encouragement of co­operative credit societies among Natives.
(b) The encouragement of co-operative buying and selling, under suitable regulations.
7. The encouragement of an improved quality of stock by the elimination of undesir­able sires and the purchase of standard sires from the agricultural school farms.
8. The convenient supply of seeds of good quality, through the school farms or otherwise.
9. The limitation of the stock running on Native grazings to the ascertained stock carrying capacity of the district.
10. The encouragement of preventive measures against overstocking and soil erosion and measures for the conservation of water both by energetic propaganda and other edu­cational means, and by practical demonstra­tion and experiments, including boring for water and irrigation works where possible in Native areas.
11. The organisation of Native agricul­tural shows with the aid of Government grants, and also the extension of the practice of European Agricultural Societies providing Native sections to their shows for the advancement of Native agriculture and animal husbandry in European areas.
12. The establishment of a Native Agricul­tural Section in the Native Affairs Depart­ment, and the use of the specialist resources of the Union Department of Agriculture for the advancement of Native Agriculture.
That the Government be urged to intro­duce, through the Native Affairs Commission or otherwise, a system of leasehold tenure for Natives, both without and within the Native Areas for small-holders, to be developed and carried on by an ad hoc Board.

That School gardening be extended and developed, and that through the co-operation of the Departments of Education and Agriculture, acting through the District Inspector of Schools and the Supervisor of Demonstrators, the agricultural work of the school be extended to the lands of the people by means of Boys' and Girls' Clubs and similar organisa­tions, which should be framed to include adolescents when they leave school.

The following motions drafted by the Committee   on   Industrial   Organisation were,  with  slight  alterations,  adopted unanimously:--

Industrial Organisation.

This Conference is of opinion that the best interests of South Africa will be served by the adoption in Industry of the following principles:--
1. Recognition of the fact that the Native must be given a permanent place in Industry with the same legal and economic rights as the European, by
(a) Amending of the Industrial Concili­ation Act to provide for the inclusion of pass-bearing Natives under the provisions of the Act.
(b) Removing of Natives thus brought under the Industrial Conciliation Act from the operation of the Masters and Servants Laws and such portions of the Recruiting Act as would be in conflict with the amended Indus­trial Conciliation Act.
(c) Repealing of the 'Colour Bar' Act.
2. Organisation of Native workers in trade unions.
3. Representation of Native interests on Industrial Councils and Conciliation Boards through such unions, or, where no such unions exist, through specially appointed representatives, with the right of appeal to the Wage Board if Native interests are not ade­quately represented on Industrial Councils or Conciliation Boards.

establishment of Native Local Councils should be actively encouraged:--
1. The extension of individual land ten­ure for Natives.
2. The establishment of agricultural schools for Natives, both Government and Government-aided, using wherever possible existing Institutions.
3. The training and employment of Native  farm-demonstrators  in increasing numbers.
4. The extension to other areas of the Transkeian system whereby grants are made towards the cost of boundary fences on the £ for £ principle, and also the erection of camp fences partitioning the commonages.
5. The extension of the privileges of the Land Bank to Native agriculturalists.
6. (a)  The encouragement of co­operative credit societies among Natives.
(b) The encouragement of co-operative buying and selling, under suitable regulations.
7. The encouragement of an improved quality of stock by the elimination of undesir­able sires and the purchase of standard sires from the agricultural school farms.
8. The convenient supply of seeds of good quality, through the school farms or otherwise.
9. The limitation of the stock running on Native grazings to the ascertained stock carrying capacity of the district.
10. The encouragement of preventive measures against overstocking and soil erosion and measures for the conservation of water both by energetic propaganda and other edu­cational means, and by practical demonstra­tion and experiments, including boring for water and irrigation works where possible in Native areas.
11. The organisation of Native agricul­tural shows with the aid of Government grants, and also the extension of the practice of European Agricultural Societies providing Native sections to their shows for the advancement of Native agriculture and animal husbandry in European areas.
12. The establishment of a Native Agricul­tural Section in the Native Affairs Depart­ment, and the use of the specialist resources of the Union Department of Agriculture for the advancement of Native Agriculture.
That the Government be urged to intro­duce, through the Native Affairs Commission or otherwise, a system of leasehold tenure for Natives, both without and within the Native Areas for small-holders, to be developed and carried on by an ad hoc Board.
That School gardening be extended and developed, and that through the co-operation of the Departments of Education and Agricul­ture, acting through the District Inspector of Schools and the Supervisor of Demonstrators, the agricultural work of the school be extended to the lands of the people by means of Boys' and Girls' Clubs and similar organisa­tions, which should be framed to include adolescents when they leave school.
The following motions drafted by the Committee   on   Industrial   Organisation were,  with  slight  alterations,  adopted unanimously:--
Industrial Organisation.
This Conference is of opinion that the best interests of South Africa will be served by the adoption in Industry of the following principles:--
1. Recognition of the fact that the Native must be given a permanent place in Industry with the same legal and economic rights as the European, by
(a) Amending of the Industrial Concili­ation Act to provide for the inclusion of pass-bearing Natives under the provisions of the Act.
(b) Removing of Natives thus brought under the Industrial Conciliation Act from the operation of the Masters and Servants Laws and such portions of the Recruiting Act as would be in conflict with the amended Indus­trial Conciliation Act.
(c) Repealing of the 'Colour Bar' Act.
2. Organisation of Native workers in trade unions.
3. Representation of Native interests on Industrial Councils and Conciliation Boards through such unions, or, where no such unions exist, through specially appointed representatives, with the right of appeal to the Wage Board if Native interests are not ade­quately represented on Industrial Councils or Conciliation Boards.
4. Use of the Wage Act in those occupa­tions in which the Industrial Conciliation Act is inoperative, particularly where Native wages are unduly low.
5. The Industrial Conciliation Act and the Wage Act must not be used for the exclusion of Natives and other non-Europeans from Industry.

Administration Of Justice.

Professor Brookes introduced a discussion on "The Administration of Justice." He referred to a pamphlet recently issued by the Pretoria Joint-Council dealing with this matter (copies of which were made available to members of the Conference), and replied to certain adverse criticisms that had been brought against it. That it expressed the views of persons who were outside the administra­tion was no disparagement. Most of the great reforms of the past century had been begun by outsiders. That it exposed to the world a weakness of, or blemish on, South Africa's character was not necessarily a fault or unpatriotic. The true patriot is not he who is always praising his country, but he who always tries to make his country worthy of being praised. That it stirred up trouble and unrest among the Native people was not true. The trouble was already there. It had actually done good and helped to allay trouble by revealing to Natives suffering and fretting under a sense of injustice that they had some at least who sympathised with them and would help them. He argued further that while there was no conscious intention to do other than justice in our Courts there were preconceptions and prejudices in the minds of many of those concerned with its adminis­tration--especially in jury cases--that made it impossible for them to take an impartial view. As it was not practicable to have both Europeans and Natives serving on juries in cases where both races were concerned, the jury system should in such cases be withdrawn. He urged that death in murder cases should not be the sole penalty, but the maximum penalty. He cited the experience of American investigators as to the execution of justice as between black and white to show that the defects in the administration of justice alleged to exist in South Africa were exactly paralleled in the United States. This greatly strengthened the claim for investi­gation and inquiry.

Professor Jabavu followed and dealt with the treatment meted out to Native accused in Court, and showed, with striking examples, how the faults and errors of Court interpreters were the causes of serious grievance and of miscarriage of justice. He advocated the employment of Natives as interpreters in the place of Europeans. He also stressed the fact that no Native, even in the Transkei, in spite of the advocacy of segrega­tion, has any office in a Court of Justice in that area, not even a junior clerkship.

Sir Clarkson Tredgold, from his experience, first as Attorney General and later as a Judge in Southern Rhodesia, advocated the abolition of the Jury System. He did not think that the complaints regarding interpretation in the Courts were due to the employment of Europeans. The remedy would be found in giving interpreters a better status and higher salaries so that better men, both European and Native, could be secured for this impor­tant work. He approved of the resolution urging that there was a case for inquiry, but deprecated criticisms of sentences imposed in particular cases since the judges alone pos­sessed the necessary data to reach right conclusions.

Sir James Rose-Innes agreed with Sir Clarkson Tredgold that the apportionment of sentence was the most difficult task that fell to any judge or magistrate. He did not claim that mistakes were never made, but he did claim that no one who had not heard the whole case through had a right to offer criticism on any sentence. He agreed that at least a case had been made out for inquiry into the Jury System and was himself inclined to favour its abolition. There should be a change made in the penalty for murder; and inducements should be given to magistrates in the Transkei to make themselves acquainted with the Native languages as this would tend to do away with much of the grievance that existed as to Court interpreters. The Native Affairs service should be a corps d'elite.

The Rev. Z. R. Mahabane paid a tribute to the judiciary of South Africa, but stated that recent cases had aroused grave misgivings in Native minds, referring to specific instances. The principle of the Jury System was that a man should be tried by his peers, but in cases where black and white were involved the Native was not tried by his peers. Either the Jury System should be withdrawn in such cases or the Jury should be impanelled from both races.

Mr. Selope Thema argued that a great deal of injustice complained of arose from two assumptions--that Natives were naturally and always inclined to do wrong and that the Native must be kept in his place. This created a wrong and mischievous situation as between Natives and the police and led to the police­man being regarded as a foe and not as a friend.

The Chairman called attention to the fact that was being lost sight of--that any Native had the right of claiming to be tried by a judge and not by a jury, so that the question was not so much one of Natives being overpunished, but of Europeans in mixed cases being underpunished.

Mr. R. W. Msimang believed that the police were very much what their officers made them: policemen copied the manners of their superiors. This accounted for much of the ill-treatment of Natives by the police. The defects of interpreters were largely due to the low rate at which these men were paid and the inferior quality of man that was appointed.

Archdeacon Hulme thought  that for trivial offences the fines inflicted were often grossly excessive. He believed that a good deal of the wrong from which the Native suffered in regard to the dispensing of justice arose from two causes--a firm belief in the inferior grade of humanity to which he belongs and a relic of the old custom of taking the law into one's own hands.

Mr. Rheinallt Jones summarised the com­plaints that had reached the Johannesburg Joint Council under five headings. (1) The Jury System, (2) The Character of the Sen­tences, (3) The Manner of taking Evidence, (4) The Police Treatment of Witnesses and Prisoners, and (5) the Congestion of the Courts leading to hasty and consequent unsatisfactory dealing with cases. It has been ascertained that ill-treatment by the police of both prisoners and witnesses occurred frequently; and that the method of taking evidence was in many cases utterly unsuitable. He stated that immediately the present Minis­ter of Justice had been made aware of the facts he had taken steps to remedy some of these wrongs and some improvement had already been effected, although very much remained to be done.

Mrs. Maxeke sought to have Juvenile Courts set up to deal with cases of children. She asked for Women Magistrates for these Courts. The present method of treating them as adults and sending them to gaols or reformatories was utterly ruinous.

Rev. A. E. Jennings claimed that a man accused of an offence ought always to have access to the law dealing with that offence in his own language, and that accused Natives ought to have a Public Defender.
The discussion was adjourned at 10.15 p.m.

The Conference reassembled on Friday, February 8th at 9.30 a.m.
The proceedings were opened with prayer in Zulu by Rev. J. L. Dube.
The Minutes of Thursday's sessions by the Recording Secretaries were read and confirmed.
Conference Photograph.
Conference adjourned for a brief period for the taking of a Conference photograph.
Administration of Justice (Continued.)
Discussion was resumed on "The Adminis­tration of Justice."
Mr. Advocate C. E, Nixon pointed out that judges of the higher courts deserved the highest praise for their efforts to secure justice in Native cases. They frequently refused to accept pleas of guilty in order that the cases might have full trial and also called the attention of Natives to their right to demand trial by judges. He also advocated that only interpreters of proved competence be used and that these go on circuit to increase their availability, and that it should be made easier for Native prisoners to appeal.
Mr. Doyle Modiakgotla related incidents of unnecessary violence on the part of the police and the action of the I. C. U. in bringing these to the attention of the Attorney-General.
Mr. A. R. H. Welsh corrected Prof. Jabavu's statement that no Natives were employed as clerks in the Transkei courts, pointing to several specific instances.
Prof. Jabavu replied that these were of very recent appointment and were not yet full clerks.
Mr. D. A. Hunter supported the suggestion of Rev. A. E. Jennings that a Public Defender of Natives be provided.
Rev. A. J. Lennard feared that long delay would be involved in the correction of the grievances as to the under-punishment of Europeans guilty of crimes against Natives, if the matter were referred to a Commission. He feared that if the condition continued the old law of retaliation might be revived. He urged continued efforts to educate public opinion.
Rev. W. Y. St. George-Stead pointed out the contrast between the practice of giving suspended sentences in the cases of Europeans convicted of serious offences, and the impos­ing of severe sentences on Natives.
Mr. W. G. Ballmger referred to the extor­tionate charges made by Attorneys for small services, and to the punishment of Natives for purely technical offences.
The discussion was then closed.
The Chairman proposed a vote of thanks to Prof. E. H. Brookes, Sir Clarkson Tredgold, Sir James Rose-Innes and Prof. D. D. T. Jabavu, for their addresses. The printed motion was referred to the Committee appointed.
Friday afternoon. The Conference resumed at 2.30 p.m. Mr. Mapikela continued the discussion on the pass-laws, which was then concluded; the printed motions and several other motions being referred to the Committee on Justice.
Native Franchise.
The Cape Town Joint Council, having given notice of motion on the Native Franchise, Sir Clarkson Tredgold was called upon to speak to the motion. Dr. Loram, however, first obtained the leave of the Conference to address it on the question whether or not the matter should be discussed by the Conference. He urged that the introduction of the subject would vitiate the excellent results already obtained in the discussions. A vote on the Native Franchise would divide the Conference which was otherwise in agreement. The matter was not on the printed agenda and delegates had had no opportunity of securing mandates. It was urgently necessary to carry all sections together on the economic and social questions and Dr. Loram quoted the late Dr. Aggrey as saying "It is better to take all the people a little way than to take a few people a long way." The Prime Minister's revised Bills were not yet published and these the Prime Minis­ter had said would be different from previous drafts. Shouldn't the Conference await these?
Mr. Mushet opposed this view. He referred to his own position at a previous sitting when he was alone in opposing discussion of indus­trial questions. He hoped Dr. Loram would find himself in a similar position. The Franchise had been enshrined in the Constitu­tion and they could not stand by while this right was being taken away.
Dr. Loram then moved "that the Franchise question be not discussed by this Conference of Joint Councils."
Rev. A. E. Jennings seconded pro forma.
Professor du Plessis pleaded for a free talk on the point. He reminded the meeting of a similar situation at the Conference convened by the Federal Council of D. R. Churches in 1927, when it was felt that a vote on the Native Franchise would not be an interpreta­tion of the mind of the Conference. He added, "We are all agreed that there shall be no infringement of existing rights, but there is room for discussion on the larger issues."
Sir James Rose-Innes suggested that the motion be put.
After a considerable discussion as to pro­cedure during which certain amendments were submitted, but either ruled out or defeated, Dr. Loram amended his motion to meet a proposal by Professor Brookes, the amended motion reading:--
"That this Conference of Joint Councils do not discuss the franchise question and adjourn until 8 p.m."
Rev. E. W. Grant moved, "That the motion be now put."
Rev. J. A. Calata seconded.
This was carried by 37 votes to 6.
The motion was now put and defeated by 39 votes to 14.
Sir Clarkson Tredgold then addressed the Conference on the main question. He said that he spoke for the Cape Town Joint Council. He considered that civilised governments should encourage all persons capable of taking part in the government to share in the responsibilities and privileges. There should be no bar on grounds of colour. There were three different schools of thought on this question, (1) Those who would deny the vote to the Native, (2) those who would grant the franchise to every qualified Native, and (3) those who were in favour of a differentiated franchise.
The first was based on fear of the numerical superiority of the Natives, but it failed to note that the European voters were increasing at a greater rate than Native voters and that, as Dr. Mitchell had said, the natural rate of increase in the European population was greater than that of the non-European. There were three fallacies in this view, (1) apparent numerical superiority really proved nothing, (2) the Bantu people would not think alike on all subjects, (3) Bantu and Europeans would not necessarily be opposed to each other.
With regard to those who supported a separate franchise they overlooked the princi­ple that representation should be based on local community of interests. Further, if it was derogatory for Europeans to represent Europeans and Natives it was surely more derogatory  to  represent  Natives only, although he did not think so.
Sir Clarkson Tredgold then submitted a resolution in support of the retention of the present  franchise   in   the  Cape. (This motion was later referred to the Franchise Committee.)
Professor Jabavu, referring to the earlier discussion as to the desirability of debating the Native Franchise at this Conference said that it was merely chance that the issue was political. An abstract principle was involved and it could not be just ignored because it happened to rub shoulders with politicians. Franchise rights were being attacked, rights which had not only never been abused, but had been so prized that those whom the Natives had sent to Parliament had adorned it. Members of the Conference could not allow these rights to disappear without a struggle.
Attacking   such   current  phrases  as "Develop along your own lines," Professor Jabavu claimed that all civilisation was the heritage of every one. He challenged those who said "The black man is a danger to civilisation" to explain its meaning. Such phrases should be eliminated from the cur­rency of language.
Professor Brookes held that the Conference was competent to discuss the subject before it, and it was necessary that it should do so because (1) there should be no general elec­tion on this issue, (2) the time was most inopportune for an election of that nature, and (3) consequently it was necessary to see how such an election could be prevented. He then pleaded that legislation on the Native Franchise be deferred until after the election and an effort made to secure the consent of both races concerned to any such legislation. The matter should be discussed in a Confer­ence atmosphere. He himself was not tied down to the Cape Franchise as it stood for he was alarmed at the disproportion between the rights of Natives in the Cape and those in other Provinces. If however it was still to be an election issue he would join in resisting the attempt to take away the Cape Native Franchise without having reached an honourable agreement. He then submitted a series of resolutions which were later referred to the Franchise Committee. These depre­cated the Native Franchise being made an election issue, and suggested settlement by a national convention or failing this that all who wished to secure a fair settlement should now join in resisting the present proposals.
Professor Jabavu seconded.
Mr. Mushet said that no one in 1910 even in the North had thought of taking away the Native franchise. All had regarded it as sacro­sanct. The franchise rights had never been abused and its abolition would be treason.
Rev. Z. R. Mahabane supported Professor Brookes' motion.
Professor du Plessis urged the Natives to recognise that the Franchise was not a panacea for their ills. Long experience and training was necessary for a people to exercise the franchise effectively. Was the bulk of the Native population fit for it? He expressed doubt whether the Conference was the place for the adoption of Sir Clarkson Tredgold's resolution.
The Conference then adjourned.
Administration Of Justice
The following findings of the Committee on the Administration of Justice were adopted unanimously:--
"1. The Conference is of opinion that, in view of the appreciable number of instances where the verdicts of juries have aroused deep dissatisfaction in cases where Europeans are charged with crimes of violence against Natives, the Government should be asked to appoint a Commission to investigate the oper­ation of the jury system in such cases and to make such recommendations for the future as may be expected to remove all grounds for suspicion or discontent.
2. The Conference is further of opinion that there is room for considerable improve­ment in the general administration of justice in so far as it affects the Native population, especially with regard to the following mat­ters, which it feels should be fully gone into, either by the Commission referred to in paragraph 1 or in some other adequate manner:--
(a) Interpretation in the Courts; the status and qualifications of interpreters, lan­guage qualification of Police.
(b) Special difficulties of procedure affecting Natives;
(c) Disproportionate sentences in Mag­istrates' Courts, especially heavy fines;
(d) Indiscriminate   or   unnecessary arrests;
(e) Unnecessarily rough handling of Native accused or witnesses by Police;
(f) Failure to release accused as soon as possible after acquittal;
(g) Lack of adequate and sympathetic arrangements for the handling of Native juve­niles, especially first offenders; (h) Arrangements for defence of ac­cused  persons unable to engage legal assistance.
3. The Conference requests the Prime Minister and the Minister of Justice to receive a deputation which shall present these Resolu­tions. The Deputation to consist of:--
Sir James Rose-Innes    Sir W. E. Stanford
Sir Clarkson Tredgold    Rev. Dr. Flint
Mrs. Spilhaus           Mr, Howard Pirn
Adv. C. E. Nixon       Rev. H. Booth Coventry
Professor E. H. Brookes Prof. Du PIessis
Professor Roseveare     Rev. A. Mtimkulu
Adv. Ramsbottom       Prof. Jabavu
Mr. J. Malangabi        Mr. R. W. Msimang
Mr. T. M. Mapikela
with power to add to their number, Adv. Nixon to act as Secretary and Convener.
4. The Conference appoints the members of the Deputation mentioned in the preceding paragraph as a Vigilance Committee to con­tinue in office until the next Conference, and to take such action as they may deem advisable within the terms of reference men­tioned in paragraphs 1 and 2.
5. The Conference recommends that every local Joint Council or Welfare Society should closely watch the administration of justice in its own area, and communicate important facts to the Vigilance Committee through the Acting Secretary, Advocate Nixon."
Native Franchise (Continued).
The Rev. H. Booth Coventry, continuing the discussion on the Franchise made the points that the Franchise question is funda­mental to the whole matter of Native welfare;
and that it is not only a political but a moral question. The ideals laid down with regard to Health, Agriculture, Administration of Jus­tice, etc., will be regarded as unnecessarily high unless there be the recognition of the full human status of the Native implied in the franchise.
Rev. Abner Mtimkulu urged that instead of the fear that the Native franchise will under­mine  civilisation  there  should be the recognition that every Native who qualifies for the franchise adds to the forces of civilisation. The Cape franchise, he said, is regarded by the Natives as the earnest of better things for all the Natives of the Union.
Mr. R. A. Sello felt that the threat to the Cape franchise undermined the Natives' hope for ultimate justice and suggested a National Convention of all parties including Natives.
Rev. Dr. D. Wark said that we were not so much concerned with the details of method by which the franchise should be extended as with the maintenance of the principle that every qualified man should be able to aspire to the franchise; that it is spiritual and not merely a political question.
Mr. R. V. S elope Thema urged that the granting of a differential franchise would perpetuate the idea of Africa for the Africans. The Native desired a franchise which would make Europeans and Natives one in spirit. The Natives of the Northern provinces would rather wait 50 years for the franchise than have the Cape franchise cancelled.
Sir James Rose-Innes said that the Euro­pean population proposed to decide this matter in their own parliament. This was in effect being judge in their own cause which was not good for any man. It therefore behoved them to be meticulously just. It was not wise to drive all the Natives into one camp, which would be the effect of the differential franchise.
Rev. J. Calata claimed that the coloured people of the Cape were ready to support the maintenance of the Cape franchise by refusing any special rights dependent upon its abolition.
Archdeacon Hulme said that part of the definition of a gentleman was, "He that sweareth to his neighbour and disappointeth him not." We had sworn to our neighbour in this matter and must not disappoint him.
Mrs. Lyon explained the fear on the part of a section of the Europeans by the illustration that too many bass drums in the orchestra would spoil a symphony. So the pressure of a large Native vote would throw out of har­mony the country's political institutions. She urged the land question as the paramount issue.
Mr. S. B. M. Ncwana deprecated the dragging of the Native franchise into party politics. European prestige would best be maintained by a liberal policy.
Mr. J. D. Rheinallt Jones closed the discus­sion. He said it was just over 100 years since the 50th Ordinance made the non-Europeans in the Cape legally and economically free. In 1852 the Franchise Ordinance gave political freedom. The Land Act of 1913 would have taken away the economic freedom of the Native, but for the impartial attitude of the judiciary. The whole question of status was implied in the common franchise. Under the proposed differentiated franchise, in which Native representation was fixed and final, every increase in European representation would reduce the effectiveness of Native representation, eventually destroying Native political status altogether. Disruptive influ­ences would be fostered by a differentiated franchise, whereas a common citizenship would save the land from such influences.
The Chairman stated that after the after­noon session it had become known that the Joint Sitting of the two Houses of Parliament would begin on Tuesday, although the Native Bills in their amended form were not yet in the hands of Members. He read a suggested appeal to the Prime Minister for the delay of action until the Bills had been submitted to the Native Conference, this appeal to be signed by all present.
A Committee consisting of Sir James Rose-Innes, Prof. Brookes, Prof. Jabavu, and Rev. H. Booth Coventry, was appointed to revise the wording of the appeal. As this Committee was not prepared to report before the adjournment of the evening session the matter was held over until the next morning's session.
Economic And Social Conditions.
The Rev. H. Booth Coventry presented the following resolution which was seconded by Rev. Z. R. Mahabane and adopted:
"That this Conference respectfully urges the Prime Minister to arrange for a thorough scientific investigation by trained experts into the economic condition of the Native people of South Africa as a necessary preliminary to all efforts to deal adequately and usefully with the many problems connected with the development of the Native people. The Con­ference considers that such investigation of essential facts is an urgent necessity both for the sake of the Native people themselves and for the welfare of the country as a whole."
Conference agreed that Resolutions appear­ing in the Agenda from the Durban Joint Council, being sufficiently covered by resolu­tions already adopted, be allowed to fall away.
The Conference adjourned at 9.45 p.m.
Saturday February 9th.
The Conference reassembled at 9.30 a.m.
The Rev. W. Y. St. George-Stead led the Conference in prayer.
The Recording Secretaries presented the Minutes of the previous day's proceedings, and these were accepted by the Conference, with the addition of a resolution on Hostels which had been omitted from the findings of the Committee on Social Activities submitted to the Conference on the previous day (see findings on "Social Activities"),
Race Relations Sunday.
Professor W. N. Roseveare presented the following motion on behalf of the Pieter-maritzburg Joint Council:--
"That a Race Relations Sunday be arranged."
Rev. j. A. Calata seconded.
After discussion it was agreed, on the suggestion of the Chairman, "that the Confer­ence accepts the principle of a Race Relations Sunday being arranged."
Pass Laws.
The following findings of the Committee on the Pass-Laws were submitted:--
"1. That the Conference respectfully urges the Government to repeal the Pass Laws and as steps in this direction urges that:
(a) In no circumstances whatever should women or girls carry passes.
(b) The present multiplicity of passes in the three Northern Provinces should be replaced by one single life-long document for all non-exempted Natives.
(c) Instructions should be issued by the proper authorities that no Police Official other than a commissioned officer in uniform should ask for the production of the above mentioned document except for identification purposes with regard to a civil criminal case.
2. That exemption from the operation of pass laws should be granted to the following classes of persons:
(a) Adult Natives who have passed the fifth standard.
(b) Adult Natives who own or rent fixed property of the value of £75.
(c) Natives engaged in skilled occupa­tions whether on their own behalf or otherwise.
(d) Natives who have been for a con­siderable time in the service of the same or consecutive employers, one or more of whom recommend them for such exemption.
3. That all Municipal regulations as to passes, should be in full harmony with the foregoing principles.
Note:--Your Committee make no suggestions as to the undebated exemptions (top of page 7 printed agenda) which go beyond the Pass Law."
Professor Roseveare expressed surprise that the findings omitted the suggestion that the Tax Receipt should take the place of the present Passes.
Discussion showed that the Conference was not unanimous on the proposal.
The findings as drafted were adopted unanimously.
Native Franchise.
The Committee on the Native Franchise submitted the following resolution, which was adopted:--
"This Conference deprecates any alteration of the law which would result in depriving the Natives of the Cape Province of the franchise in its present form."

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