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DOCUMENT 51b. "Urban Native Legislation." Memorandum to the Minister for Native Affairs from the Location Advisory Boards' Congress of South Africa, September 8, 1930 (Published in the Report of the Location Advisory Boards' Congress of South Africa)

The "Location Advisory Boards' Congress of South Africa" has examined the Natives (Urban Areas) Act, Amendment Act No. 25, of 1930, without prejudice or hostility, and regrets that it is compelled to view some of its provisions with disappointment.

Therefore, the president of the Congress (Mr. R. H. Godio), availed himself of the opportunity afforded by the visit of the Honourable the Minister for Native Affairs to East London and submitted the following observations on behalf of the Urban Native community:--

1. The Act amends Act No. 21, of 192 3, by giving urban local authorities additional powers to restrict the ingress of Natives into urban areas and to remove all Natives from European areas, save certain classes who may be exempted; to prosecute and to repatriate all Natives believed to be habitually unem­ployed; to prohibit the entry of female Natives into proclaimed areas and to tighten up the laws governing Curfew Regulations.

2. In the humble opinion of the Congress the foregoing provisions are altogether of a far-reaching character. The Congress has been, and still is, under the impression that it was not the intention of the framers of the 1923 Act to unduly restrict the movements of Natives to industrial and commercial centres, but to regulate their ingress into such centres so that they will not become a burden to the urban authorities.

3. The principal Act, according to the preamble, was intended "to provide for improved conditions of residence for Natives in or near urban areas and the better adminis­tration of Native affairs in such areas; for the registration and better control of contracts of service with Natives in certain areas and the regulation of the ingress of Natives into and their residence in such areas; for the restric­tion and regulation of the possession and use of kafir-beer and other intoxicating liquor by Natives in certain areas, and for other inci­dental purposes."

4. From the foregoing it would appear that the Congress is more than justified in coming to the conclusion that this Act goes farther than the Principal Act. In reality it touches the whole question of the relations between white and black in this country. For these reasons the Congress is of opinion that the wise course for the Government would have been to consult both the urban local authorities and Native opinion before bringing the Bill to Parliament.

5. In dealing with Native legislation it should always be borne in mind that the Bantu people are almost entirely unrepre­sented in the Councils of State. They have no means of having their views placed directly before the legislature, except in the Cape Province where they enjoy a modicum of representation. This brings us face to face with another phase of the Native complex, namely, the desirability or otherwise of con­sulting Natives on matters affecting their welfare.

6. Needless to say, the principle of consultation was accepted by those in authority more than ten years ago, and the matter was brought to its logical conclusion by being embodied in the Native Affairs Act, of 1920. That Act lays it down in unmistakable terms that Natives will be consulted on any legisla­tion affecting them. But for nearly five years the annual conference between the Govern­ment and representatives of Native organisations has ceased to function. As a matter of fact the failure of the Government to summon such a conference during the last four years was regarded as a strong argument in favour of referring the Bill to a Select Committee so as to enable the Natives to come forward and give evidence.

7. Therefore, it is not to be wondered at that certain responsible leaders of the Bantu race, rightly or wrongly, have been forced to the conclusion that the Government has abandoned the principle of consultation as far as Natives are concerned. However, it was gratifying to receive the assurance of the Prime Minister that the conference has not been abandoned; and we cherish the hope that the Honourable the Minister for Native Affairs will be pleased to summon another such conference at his earliest convenience and show the Natives that it is the desire of the present Government to take them into confidence in matters affecting their welfare.

8. Regarding the provisions of the amending Act, the clauses to which exception is taken may be summarised thus:--

1. Section 2 (b) which becomes (f) of sub-section 1, section 1 of the Principal Act, empowers urban local authorities to remove from the urban areas every Native residing in but is not employed in such areas, save certain classes exempted under paragraphs (a), (b), (c), and (d) of sub-section (2) of section five of the Principal Act.
2. Section seven (a) which becomes paragraph (d) of (1) of section twelve of the present Act, gives local authorities powers to prohibit female Natives from entering pro­claimed areas, unless such females obtain certificates of approval from the local authorities concerned, which certificates should be produced on demand by an authorised officer.
3. Section eight which repeals section seventeen (1) of the Principal Act authorises the prosecution of Natives believed to be habitually unemployed, or are leading idle or dissolute lives, etc., or have been convicted for contravening certain provisions of the Native Administration Act of 1927, or have com­mitted any offence mentioned in the Third Schedule to the Criminal Procedure and Evidence Act, No. 31 of 1917 or some other offence mentioned in paragraph (e) of this section; or is a female contravening the provisions of the preceding section.

9. Taking the three clauses seriatim, the Congress desires to make the following humble observations:--
1. As the Congress is not opposed to separate residence for Natives in these areas no exception is taken to the principle of this clause, but we fail to understand the reason why Natives employed as night-watchmen or caretakers for whom accommodation is pro­vided in or near the business centres of the towns are not exempted from the operation of this clause in the same way as domestic servants. Therefore, Congress humbly requests the Minister to reconsider the question of amending the same so as to exempt these classes of Natives

2. Whilst Congress is not opposed to the regulation of the movements of un­attached females and minors, the application of these restrictions to married women whose husbands are employed in these areas and unmarried daughters whose fathers reside therein, is viewed with alarm and disappoint­ment. The enforced separation of married couples for a period of not less than two years is calculated to shake the moral stability of the male Natives residing in such areas. The Natives view this restriction as an unnecessary interference with family life and the liberty of the subject. Therefore, the Congress respectfully requests the Minister to exempt married women whose husbands reside in such areas;
and in the case of unmarried daughters whose fathers also reside therein, from the operation of the provisions of this clause.

3. Whilst the Congress has no desire to see the locations turned into places of refuge for all sorts of undesirables, we submit that most of the people now forming the urban Native population have been forced to migrate to the towns by forces over which they have no control. Among them may be found honest and well-meaning Natives who have become victims of the repressive provisions of the Natives Land Act of 1913 and others who have come to the industrial and commercial centres for the purpose of seeking employ­ment to meet the present taxation which is altogether out of all proportion to their means.

10. These items again bring us face to face with other phases of the Native question, namely, scarcity of land and disproportionate taxation. It may be argued that the provisions of the Natives Land Act do not apply to the Cape Province (which has admittedly the poorest Native community). We submit that that Act affects the Cape to the same extent as the other three Provinces, because evictions of squatters and labour-tenants from Euro­pean-owned farms in the other Provinces have led to the unprecedented drift to the towns. Moreover, there are certain areas in this Province where the purchase of land by Natives is allowed only by special permission of the Governor-General. As to overcrowding in the Native reserves, the fact that 1½ million Europeans own about 80 per cent of the land while 5½ million Natives own 20 per cent .peaks for itself. It is therefore hoped that when the Commission recently appointed by :he Government has submitted its report on :he condition of Natives, the Minister will see :hat the remedy is applied immediately.

11. TRADING LICENCES: Regarding the unounts charged for these licences, experi-;nce has shown that the scale laid down in the second Schedule to the Licences Consolida-:ion Act, No. 32, of 1925, is rather too excessive for people whose trade is confined iolely to Natives. Therefore, we would lumbly urge the Minister to consider the idvisability of amending the Act so as to -nake the scale applicable to the Native rerritories apply to urban locations as well, because the same consideration that prompted :he framers of that Act to grant this relief to :he Territories applies to the urban Native ocations.

12. NATIVE ADVISORY BOARDS; The congress is pleased to note that both the Sovernment and the municipalities are agreed :hat these Boards are working well and have ustified their existence. But in our humble ipinion it would facilitate their work and aring about more harmony and good under­standing between them and local authorities if [heir functions were clearly defined. At aresent although the phrase "functions of advisory Boards" is made use of in both the principal and the amending Acts, these "functions" are not defined or interpreted in either af these statutes.

13. CURFEW REGULATIONS: The Congress still regrets that it fails to appreciate the reason for the determination of the Govern­ment in maintaining curfew laws in this ;ountry. The solid and undivided opinion of the Bantu people as well as unbiased Europeans is that these Pass Laws have completely autlived their usefulness. However, while this opinion has not yet convinced those in authority, we would humbly urge the Govern­ment to extend the exemptions so as to include all classes of Natives hitherto exempted from the operation of the Curfew Regulations under Sections 2 and 3 of the Local Authorities Increased Powers Act, No. 30,of 1895.

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