Documents: The Minister thanked the Conference and withdrew

DOCUMENT 46. Proceedings and Resolutions of the Non-European Conference, January 1931 [Extracts] (Published in Minutes of the Third Non-European Conference}

Minutes.

Monday, 5th January, 1931, 10.30 a.m. Delegates gathered for Registration [at Bloemfontein].
2.30 p.m. Conference was officially opened with the singing of Nkosi Sikelel' i-Afrika and a prayer by the Rev. Z. Mahabane. In the absence of the Mayor, the Chairman, Profes­sor Jabavu, called upon Dr. Abdurahman to officially open the Conference.

Dr. Abdurahman began by saying that the aim of the Conference was to promote the spirit of co-operation between non-Europeans and Europeans and thus help to solve the perplexing problem of the relationship between Black and White.

He reviewed briefly the position of the non-Europeans and touched on what he called the iniquitous Colour Bar Act; Pirow's Riotous Assemblys Act, which was designed to stifle free speech and under which a Native could be imprisoned for presuming to do what every member of the present Government had done and was doing; The Civilised Labour Policy, which had driven thousands into starvation; The Poll Tax Lam by which the Government was taxing Natives to educate White children, and the Native Service Con­tract Bill, which was designed to keep the Natives as slaves on White farms.

Small wonder, then, said the Doctor, that White and Black were drifting further and further apart, and that non-Europeans were showing hostility towards Europeans.

The non-European Conference was endeav­ouring to point out the errors in the White Man's Rule and thus prevent disaster to the country. That could be done by co-operation.

During the present depression, South Africa should be reminded that it was depend­ing upon the Gold and Coal mines which could not be worked without Native Labour. It was the Native that was carrying the whole of South Africa on his back.

A vote of thanks was proposed by S. M. Bennett Ncwana and seconded by Mr. W. McLeod.
Mr. Ballinger advised Conference to con­centrate on the necessity of unity among the non-Europeans. Secondly, the non-Europeans should not look overseas as the British Empire ceased to exist in 1914. Thirdly, no emancipa­tion of the Black people would ever be obtained by going to the Law Courts. Fourthly, the Cape Vote has lost its power since the Women Enfranchisement Act. Fifthly, non-Europeans must not introduce racial issues in their organisations as these would bar progress.
Conference adjourned until 4 p.m. for tea and at 4.30 p.m. Conference resumed, with Professor Jabavu in the Chair.

Mr. Kadalie questioned the status of the Conference. Dr. Abdurahman replied that
there was a Draft Constitution but in view of the amount of business before the Con­ference, they thought it wise to defer the discussion of the Constitution and get on with the business.
Resolutions.

"In view of the fact that General Hertzog has definitely expressed his opinion in England on the non-European problem out­side South Africa, and as he has urged the Imperial Government to shape its future African Policy so as to harmonise with that of the present Union Government, and as the latter's policy is based on the principle of no equality in Church or State between Black and White, this Conference considers that the time has arrived to send a deputation to England to place before the British Govern­ment and the British people a full statement of its views on the matter of equal rights and the status of non-European citizens in the British Empire."

Dr. Abdurahman moved and was seconded by the Rev. Z. Mahabane.

Dr. Abdurahman said that he was fully aware of the fact that England would not intervene in South African domestic affairs, but in view of the fact that General Hertzog-whose South African Native Policy had not met approval but had rather received condem­nation by the world outside--had asked the Imperial Government to shape their African Native Policy to harmonise with his policy, he felt that there was need on the part of the non-Europeans to educate public opinion overseas by submitting a full statement of the position of non-Europeans in South Africa, and acquaint England and Europe with what was happening in South Africa under the policy advocated by General Hertzog.

The Rev. Z. Mahabane added that there was already a proposal to incorporate Native Territories such as Basutoland and Swaziland into the Union against the wishes of the inhabitants of these Territories and that the deputation would also help those people.

The following spoke in favour:--Messrs. Bennet Ncwana (Molteno), Kadalie (Johanne­sburg), Sesedi (Hopetown), Sishuba (Queenstown), Calvert (Kimberley), and Professor Jabavu.
Professor Jabavu stated that there was at the present time a group of men in London who were watching with great interest the trend of legislation in this country and who would be glad to get a mandate from the non-Europeans of South Africa. He said people in England did realise that the British Principle of Equal Rights was at stake in South Africa, they were wondering what the non-Europeans were doing in refuting General Hertzog's statements. He knew Mr. MacDonald, the British Prime Minister, would receive the deputation for he was sympathetic.
Mr. Keable Mote of the I.C.U. opposed the resolution on the following grounds:--
1. South Africa had obtained sovereign independence and no deputation from Natives would receive official recognition.
2. At the present time the Natives were very poor and the money collected for the purpose of sending a deputation to England would be wasted.
3. That there were other means of inform­ing the Public.
(a)   Through the Press.
(b)  By obtaining an international adviser in London.
(c)  The South African Bishops had already expressed the non-European view of the situation.
Mr. Mancoe (Heilbron) and Mr. Matseke (Pretoria) supported the opposition.
Mr. Ballinger suggested that the Deputation might arrange for a platform in the Lobby of the House of Commons, of all parties of the British Parliament and afterwards approach the League of Nations at Geneva with a view to obtaining international advice on the situation.
The motion was put to the vote and carried with only two dissentients.
Mr. Champion moved and it was unani­mously adopted:--
"That a Committee be appointed to devise ways and means of raising the necessary funds for the deputation." The following were then elected the committee:
Dr. A. Abdurahman, Professor Jabavu, Messrs. Kadalie, Champion, Selope Thema, Rev. Z. R. Mahabane.
Conference adjourned at 5.30 p.m.
Tuesday, 6th January, 1931. Conference resumed at 9.30 a.m.
The Convener, Dr. Abdurahman, read a telegram from the President of the Malay Association of Cape Town, in which he expressed regret at being unable to attend Conference and wished it success. He further welcomed Dr. Rubusana, who had arrived that morning.
The Chairman, Professor Jabavu, pro­ceeded to business.
Resolution 9.
Mr. Kadalie moved, seconded by Mr. Sishuba:--
(a) That the constitutional relations between His Majesty's British Government and His Majesty's Dominion of South Africa, should be retained and further that the British judicial committee of his Majesty's Privy Council shall be retained as constituted and that it shall exercise its functions of super­vising the Empire Laws.
(b) That His Majesty the King shall not abandon his right of veto under the advice of his Majesty's Privy Council or his British Ministers.
(c) That His Majesty will not accede to any petition from the Dominion of South Africa to secede from the British Empire.
(d) That His Majesty should call for a referendum of his Majesty's subjects of the Union of South Africa, irrespective of race or colour, before any decision is reached con­cerning Secession.
Mr. Matseke (Pretoria) objected to (a) and (c). He said the Privy Council had South African representatives in General Smuts and Dr. Malan and could not give an impartial judgment.
Mr. Mote opposed the resolution. He asked where was the King's veto when the iniquitous Land Act was passed.
Mr. Champion opposed the resolution and asked for its withdrawal.
Mr. Elias also opposed.
Rev. J. Calata gave the history of the Native Policy in the Cape and the Native Policy of the North showing thereby that the Cape Policy was British and under it the Natives enjoyed great privileges such as the Franchise and ownership of land, but since Union the tendency of the Government has been to introduce into the Cape the policy of the North, which he called the policy of the sjambok, until to-day we are faced with such Bills as the Masters' and Servants' Contract Bill. He therefore appealed to all the non-Europeans to support the Native Policy of the Cape which would be more or less a British Policy.
Dr. Abdurahman spoke in favour of the Resolution.
Dr. Rubusana speaking in favour said that the King of England was a Constitutional Monarch. As far as he remembered the King's veto has never been asked for except only once. The British Government may have its faults but it is the most humane Government he had ever known.
Mr. Selope Thema spoke in favour saying that under the British Policy there is room for growth, even the Dutch people had grown under it to what they were to-day. We can only have peace in this country under the British Government.
Mr. Sesedi asked for the Resolution to be withdrawn in view of the Prime Minister's change of front.
Mr. McLeod spoke in favour and reminded the Conference of what Queen Victoria had done for the non-Europeans.
Mr. Kadalie withdrew as mover and Rev. J. Calata moved the resolution. A vote was taken and the resolution was carried by 33 to 13.
Conference adjourned for tea at 11 a.m. and at 11.45 a.m. Conference resumed.
Mr. Mahabane moved Resolution 2 on the Agenda:--
"That Conference re-affirms its condemnation of the Native Bills, and the Coloured Persons' Rights Bill, and earnestly requests the Government to summon a round-table confer­ence of accredited leaders of the European race on the one hand and of non-Europeans on the other, to discuss the political relation­ship of White and non-White in South Africa." Mr. J. B. Crutse (Kroonstad) seconded.

The mover said that for the last five years the subject contained in these Bills had been engaging the attention of the country but no resolution had been arrived at yet. The Government had used very strenuous efforts to get the bills through but without avail. Select Committees do not serve any useful purpose as they do not give the opportunity of exchanging views.

The non-Europeans form an integral pan of the political system in the Union. Indians had claimed a Round-table Conference and had got it. Franchise rights had been extended to the European women, and we were still left outside.

As the original motion had been passed last year Mr. Mahabane asked leave to read it again. He concluded by saying that he saw no grounds for the Europeans to fear the Bantu in this country.

Dr. Abdurahman at this stage read the correspondence he had had with the Prime Minister over the resolutions of previous Conferences and the Round-table Conference. The Prime Minister was reluctant to give an opinion or would not give it. He had refused to meet a deputation and said that the Bills referred to had been already in the hands of the Select Committee.

Dr. Abdurahman in speaking to the motion stressed the importance of the principle of co-operation between Europeans and non-European. He said that he did not believe in Select Committees, as they were not only useless but dangerous; no one claimed respon­sibility for any  Bill after the Select Committee. He would rather see General Hertzog proceed with his Bills, and accept the responsibility for them. He had instructed the A.P.O. not to give evidence before a Select Committee.

"Fancy the Parliament of a civilised coun­try doing such a low and mean thing as actually dragging their women folk and giving them the franchise for the purpose of robbing the Native of his vote," said the Doctor in conclusion.

Mr. Kadalie moved that the Resolution be put, a vote was taken and the resolution carried unanimously.
The next motion was No. 1 on the Agenda, moved by Dr. Abdurahman.

"This Conference is of opinion that the present depression in South Africa is to some extent due to the underpayment of non-European labourers, and that its economic position will never be placed on a sound footing unless there is a fairer distribution of the wealth of this country, which would increase the spending power of non-Europeans.'

Dr. Abdurahman said that it was generally stated by economists that the distribution of wealth was amongst a few and the only way to save the world from depression lay in the workers receiving better pay. Common sense tells us that if the Native and Coloured workers were paid more the secondary indus­tries in which Europeans were employed would be kept going.

Mr. Mancoe, in seconding said:--"We have been getting a deaf ear from the Government. If the capitalists or employers of labour will not listen to us, we should organise a revolution."

Mr. Calvert (Kimberley) said that this matter touched at the root of our economic position. All organisations should unite and decide what further steps to take. He asked Mr. Ballinger to explain the attitude of the New Independent Labour Party in the Cape, toward this problem.

Mr. Elias objected to Mr. Ballinger being allowed to participate in a non-European Conference. The Chairman stated that Mr. Ballinger had the permission of the Conference.

Mr. Ballinger observed at this stage, that in order to arrive at a system of higher wages, educational methods of approach, involving the study of co-operation, production and exchange would need to be used; it would be the duty of the more cultured Natives to teach their less cultured brothers. Referring to the new Independent Labour Party in the Cape, he stated that if its tenets were based on those of the Independent Labour Party in Britain, it would be able to help the non-Europeans to a great extent. In aiming at their object of higher wages they would meet with much difficulty, especially from the other Labour Party in the Union, which observed a Colour Bar. That was why he (Mr. Ballinger) could have no position in the Labour Parties of South Africa.

He further observed that the production per head in South Africa was lower than in any other country.

Dr. Abdurahman supported by Rev. J. Calata, who thought that the solution lay in following Mr. Ballinger's suggestions, and advised the substitution of the word "non-European" for the word "Unskilled," but Conference did not accept the amendment and the original motion was carried. Confer­ence adjourned at 1 p.m. and at 2.45 p.m. Conference resumed.
The Deputation Committee presented the following report.
"The Committee, consisting of the Rev. Z.R. Mahabane, Dr. A. Abdurahman, M.P.C., Professor D. D. T. Jabavu, Messrs. R. V. Selope-Thema, Clements Kadalie and A. W. Champion has given careful consideration to the subject of the proposed Deputation and recommends that:--
1. The Delegation consist of not more than five men.
2. The Conference appoint the present committee as a Selection Committee whose duty it shall be to receive nominations from Organisations which have taken part in this non-European Conference, as also from other accredited Organisations.
3. Each Organisation should submit not more than five names from which the final selection shall be made by the Selection Committee.
4. The nominations from the Organisa­tions should reach the Selection Committee not later than 15th March, 1931.
5. The Delegates should be under the charge of a Manager who should be responsi­ble for the financial affairs of the delegation on business lines and should appoint its own leader.
6. The Selection Committee should also be entrusted with the duty of collecting and collating information and data for the use of the Delegates.
7. The Committee estimates that the cost of the delegation will be approximately £1000, which should cover the cost of transportation, subsistence and other expenses incidental to the project.
8. The Committee further ventures to recommend that the Deputation shall place the non-European point of view in South Africa before the people of Europe, endeavour to secure a non-party meeting of British Members of the House of Commons, place the facts before the Minorities Commission of the League of Nations at Geneva, and further endeavour to present a verbal and written statement of the non-European point of view before the fifty Government representatives who will assemble at Geneva during September 1931. The Deputation should also address public meetings, arrange interviews and so forth in Europe.
After Mr. Keable Mote, Mr. Maqolo (Transkei) and Mr. Ngogodo had spoken the debate was adjourned in order to have typed copies of recommendations to distribute among the delegates of the Conference.
The Conference proceeded with Resolu­tions 3, 10, and 11 on the Agenda:--
3. "That this Conference is convinced that any legislation based on the principle of differentiation on the grounds of race, colour or creed, will in the end prove disastrous to our country."
10. "That the Civilised Labour Policy of the Government is cruel and unjust because it has thrown out of work and impoverished large numbers of non-Europeans; it has closed many avenues of employment hitherto open to them besides placing a heavy burden on the whole country in the form of additional taxation to subsidise the Policy."
11. "That this Conference desires to enter its emphatic protest against the Colour Bar Act because it was deliberately aimed at depriving, and does in fact deprive, certain sections of the community of their inherent right of earning an honest livelihood in accordance with the capacity with which Almighty God has endowed them and thus driving them into poverty, misery and crime."
Mr. Kadalie in seconding moved an addition of the words "Conference asks for immediate repeal of this Act" to 11.
Mr. Sesedi supported the original resolution as it was.
Mr. Champion wanted to know if the Colour Bar Act was in operation. The answer being in the negative, he moved the deletion of the Clause.
Rev. Mr. Calata seconded on the grounds that it was due to many protests from all sections that the Colour Bar Act regulations had not yet been drawn.
Mr. Mapikela favoured all three going through together.
The three Resolutions were carried. Con­ference adjourned for tea at 4.30 p.m. and at 5. p.m. Conference resumed.
Dr. Abdurahman asked leave of Conference to move a Motion that was not on the Agenda, a Motion of Unity, and got leave to move it in the evening session of the day.
Resolution 6 on the Agenda was moved by the Rev. J. A. Calata of Cradock:--
"This Conference expresses its appreciation of the attitude adopted by the South African Bishops in opposing strenuously the African Policy as outlined by General Hertzog in his speeches in London."
Before the mover could speak there were many cries of "unopposed" from various members of the Conference. The motion was therefore adopted as an unopposed motion.
Resolution 7 on the Agenda was then taken.
"This Conference records its emphatic pro­test against the Native Servants Contract Bill which is tantamount to the introduction of forced labour in South Africa, and is designed to keep the Natives as helots on the White farms."
Moved by the Rev. Z. R. Mahabane and seconded by Mr. Elias.
Rev. Mahabane described the infliction of corporal punishment on an elderly man as preposterous. Mr. Selope Thema quoted the Minister of Justice as saying that illegal flogging was going on in farms and he was legalising it to prevent it being done illegally. He said that we were now reverting to the old days when every farmer in the Transvaal was a law unto himself.
Mr. Matseke supported the motion.
Dr. Abdurahman asserted that Mr. Pirow was meeting with the demands of the people in the Transvaal, where an attempt had been made to introduce forced labour some time ago.
There was one provision in particular in the Bill, however, at which no decent man could but feel disgusted:-- This was that which compelled the Native to sign a three years' contract when he became a farm labourer whether he liked it or not. As a result of this a farm became valuable as it possessed an assured source of labour; the Natives passed on to a new owner with the rest of the goods and chattels. In fact these human beings were sold like stock, without regard to whether they wished to serve the new owner or not.
Continuing, Dr. Abdurahman observed that he could not think of a human being conceiv­ing anything more wicked. It looked like the work of the devil, not of a man, said Dr. Abdurahman. He would rather see a Native leave a farm in such circumstances than that he be forced into slavery. When one combined this Bill with the Tot System Bill one could rightly say that Mr. Pirow was once more introducing the "Dop and Strop Acts in the Land."
The Motion was carried unanimously.
At this stage Mr. Kadalie moved the follow­ing resolution as additional to Resolution 1, which had been passed earlier:--
"This Conference of non-Europeans of South Africa welcomes the appointment of the Native Economic Commission and hopes that the Commission will thoroughly investi­gate the economic position of the non-Europeans with a view of fixing a generous minimum wage throughout the Union."
Rev. J. Calata seconded, and carried unanimously.
Then Mr. Ncwana moved:--
"That in view of the present depression in South Africa as affecting the non-European labourers, the Government should consider the immediate necessity of placing the previ­ous economic conditions on a sound footing by increasing the spending-power of the non-European peoples commensurately with the cost of living."
Carried unanimously.
The Unity Resolution
Dr. Abdurahman moved the following resolution:--
"That as the want of unity was the greatest stumbling block to the improvement of non-European conditions in the Union of South Africa, this Congress resolves:--
(a) That the various non-European indus­trial and political organisations should unite and present demands for the improvement of non-European conditions in the Union on
economic, social and political lines to Conferences of Employers and the Government.
(b) That there should be one Organisation with supervisory headquarters in Johannes­burg, to exercise decentralised financial and administration control at central towns in the four provinces.
(c) That the details of organisation should be left to a co-ordinating Committee, with instructions to work out details of a plan whereby monthly payment of fees shall be made by members."
Rev. J. A. Calata seconded.

Dr. Abdurahman said that unity was the first and primary essential to controlling power, they must first put their house in order before they could improve conditions. The time had arrived, in fact the rank and file were demanding that they should pool their brains and resources, unite the multifarious non-European Organisations into one powerful body and direct and guide the enormous power that lay in the non-European workers.

There was too much stomping about the country and making grandiose speeches at the expense of the stupid man, who was the man who should be helped, but who was not in the least benefited.
The power that could spring from unity was a power that could not be withstood by any Government in this country. It was for them to get hold of that power and use it properly.

Mr. Clements Kadalie, leader in the indepen­dent I.C.U., suspected the resolution to be influenced by Mr. Ballinger and stated that it was interfering with the objects of the I.C.U. He said that the Conveners of the Congress had deceived the country. Instead of discuss­ing unity they were discussing trade-unionism and the Conference was not competent for that. The voice of the Conveners was the voice of Jacob but their hand was the hand of Esau.

He was strongly in favour of unity and to confine the Conference to the purpose for which it had been convened, moved:-
"This third annual non-European Confer­ence re-affirms the draft constitution adopted last year with reference to the constituent Associations of Bantu, Coloured and Indian Organisations of South Africa, it hereby resolves that the time is opportune to form such an Organisation to be known as "All Non-European Federal Council of South Africa," all existing Organisations shall be affiliated to such body and the affiliated bodies to pay a capitation fee to the Council."
Mr. Bennett Ncwana in seconding the amendment made a plea for unity among non-Europeans from the Cape to Cairo.
Mr. Richards asked Dr. Abdurahman to withdraw his motion.
Mr. S. Reagon, M.P.C. (Cape Town) in appealing for the withdrawal of both motions said that the time was not opportune for union as proposed in the motions.
There were many difficulties to overcome and the preamble of Mr. Kadalie's amendment was incorrect as there was no draft constitu­tion as yet. He advocated that they should continue with the non-European Conference so as to understand and trust one another better and gradually develop to the point with mutual enthusiasm.
Dr. Abdurahman withdrew his resolution.

END
Mr. Champion, leader of the l.C.U. Yase Natal, vehemently denounced Mr. Ballinger as the source of suspicion at the Congress, and in support of Mr. Kadalie said that they simply could not trust him. (There were many cries of dissent from the Conference.)
Mr. Champion proceeding put the blame of the disintegration of the l.C.U. to Mr. Ballinger's interference. As long as Mr. Ballinger attended these Congresses there would always be trouble.
The Conference became disorderly, many members resented the attitude taken up by the leaders of the l.C.U. in dragging the quarrelsome issues into the Conference.
At last Dr. Rubusana appealed to Mr. Kadalie to withdraw his motion as it was a mis-statement of facts.
The resolution was ruled out of order because  of  its  preamble  and  finally withdrawn.

Then Resolution 4 on the Agenda was taken;--

"That in view of the great contribution being made by the Natives through their labour, to the wealth of this country, and the fact of their contributing largely also through indirect taxation, in common with other sections of the community, this Conference enters its emphatic protest against Act No. 41 of 1925, which imposes on Natives in the Cape Province for the first time a direct tax and which also re-affirms the principle of direct taxation, a form of taxation which is considered in all civilised countries as oppres­sive and repressive."
"In the event of the Government not accepting Resolution above, this Conference respectfully urges the Government to amend Act 41 of 1925, as to exempt from its operation:--
1. Natives over the age of sixty years.
2. Natives who already pay urban rates and taxes.
3. Those who earn less than 10s. per month.
Moved by Mr. Richards, seconded by Mr. Reagon, the following took part in the discus­sion, Messrs. Sishuba, Mancoe and Mapikela.

Rev. J. A. Calata moved the following amendment:--
"That in view of the great contribution being made by Natives through their labour, to the wealth of this country, and to the fact of their contribution largely also through indirect taxation, in common with other sections of the population, this Conference enters its emphatic protest against Act No. 41 of 1925 which re-affirms the principle of direct poll tax, a form of taxation which is considered in all civilised countries as oppres­sive and repressive, and asks for its repeal."
The amendment was unanimously carried.

The Unity Resolution.

After a caucus between Messrs. Kadalie, Champion, Dr. Abdurahman and Rev. Z. R. Mahabane a compromise was arrived at which was moved by the Rev. Mahabane and seconded by Mr. Richards:--
"That this third non-European Conference hereby approves of the urgent necessity of establishing a central body of the constituent Associations of Bantu, Coloured and Indian Organisations of South Africa and resolves that the time is opportune to form such an Organisation to be known as the 'All Non-European Federal Council of South Africa' and that the draft constitution be circulated and adopted at the next Conference, unless amendments are received by the Convener before the end of June 1931."

Mr. Reagon moved the deletion of the Clause "to be known as the All Non-European Federal Council of South Africa. The following spoke in favour, Messrs. Kadalie and Rathebe, and those against Messrs. Calvert and Sesedi, and the amended resolution was carried with only three dissentients.

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