Report on Passive Resistance, June 1947-May 1948
Report on Passive Resistance, June 1947-May 1948
Introduction
This report is a continuation of the report submitted to First Conference of the Natal Indian Congress last year and therefore deals with developments between June 1947 and May 1948 political aspect of the campaign has already been dealt with General Secretary's Political Report. The period under review six new members included in the Council at various stages of the Campaign. The present membership of the Council is as follows:
Dr G.M. Naicker, Messrs Debi Singh, M.P. Naicker, Gandhi, J.N. Singh, A.E. Patel, S.V. Reddy, R.G. Pillay, R.A Billy Peters, Jackie Pillay, Ashwin Choudree, M.D. Naidoo K. Goonam, Dr R.M. Pather and A.I. Meer.
During the first year of the campaign the Council ha full-time volunteers; most of these for various reasons have not in a position to give all their time to the Council during the last year. Actually, there are no full-time functionaries doing resistance work apart from Mr. Debi Singh who has unfortunately been ill for the past two months. All Council work is being carried out on a part-time basis. Dr Naicker, Dr Goonam and Mr. R.A. Pillay, three active members of the Council are now in prison. Mr. S. V. Reddy, the Recruiting Officer, and Mr. M.P. Naicker, Provincial Organiser, have been summoned to appear on the 4th and 8 June 1948, respectively,
on a charge of aiding and abetting, under the Immigrants Regulations Act of1913. Dr R.M. Pather was appointed as Acting Secretary of the Passive Resistance Council when Mr. Debi Singh took ill. Mr. Singh is still recuperating; and on the receipt of Mr. S.V. Reddy's summons, the Joint Passive Resistance Council appointed Mr. Manilal Gandhi as Recruiting Officer. Further, after the imprisonment of Dr Naicker, Mr. A.I. Meer was appointed Acting Chairman.
Progress of Campaign
At the first Conference of Congress the following resolution was passed unanimously:
"This Biennial Provincial Conference of the Natal Indian Congress, held at the Kathiawad Hindu Seva Samaj Hall, Durban, on the 30th and 31 May and 1 June 1947, salutes the 1 710 heroic Passive Resisters, who have sacrificed for and served the community by resisting the racial and discriminatory Asiatic Land Tenure and Indian Representation Act (Ghetto Act) by courting imprisonment, and pays special tribute to the 279 gallant women who have braved the rigours of prison life in the present campaign against injustice, discrimination and racialism."
"This Conference further wishes to record the unstinting support of all sections of the community to the historic campaign for the past one year and especially congratulates the African, coloured and European Resistors who joined in actively to associate the sympathy and support of their communities for this just struggle."
"Conference finally notes that despite the unanimous opposition of the Indians to the 'Ghetto' Act; despite withdrawal of the High Commissioner for India in South Africa by the Indian government, and the application of economic sanctions against the Union; despite the resolution of the United Nations General Assembly directing that their treatment be in conformity with the principles of the United Nations Charter; and despite the approach made by the Indian government to the Union government for a Round Table Conference in terms of the United Nations resolution, the Union government has neither repealed the obnoxious 'Ghetto' Act nor agreed to a Round Table Conference with the Indian government on the basis of the United Nations resolution."
"Conference, therefore, resolves to continue the Passive Resistance Campaign and pledges support to the struggle for the vindication of the honour and self-respect of the Indian people, and to win freedom and democratic rights for all."
In terms of the above resolution, regular batches were sent to occupy Resistance Plot. Since the last Conference 189 Passive Resisters have been arrested. However, arrests ceased on 10 October when Mr. Ashwin Choudree led a batch into action. A number batches followed, but the authorities refused to arrest the Resisters
Resisters are still in occupation at the plot and although two occasions European hooligans have pulled down the tents, our Resistance Settlement still remains. While resistance continued, the Joint Council decided to send Messrs A.I. Meer and Sorabjee Rustomjee to New York to advise the delegations of India and Pakistan at United Nations Assembly. At the United Nations the following resolution was passed by 31 votes to 19:
i. Whereas in resolution 44(I) dated 8 December 1946 the General Assembly, taking note of an application by the government of India regarding the treatment of Indians in the Union. South Africa, observed that because of that treatment, friendly relations between two Member States had been impaired, and unless a satisfactory agreement was reached, the relations were likely to be further impaired;
ii. Whereas after a careful consideration of the matter, the General Assembly was of the opinion that the treatment of Indians in the Union of South Africa should be in conformity with international obligations under the agreements concluded between the two governments and the relevant provisions of the Charter and
iii. Whereas the General Assembly requested the two governments to report at the next session of the General Assembly the measures adopted to this effect;
iv. The General Assembly, having considered the reports by the governments of India and the Union of South Africa pursuant to the aforesaid resolution; reaffirms its resolution dated 8 December 1946;
v . Requests the two governments to enter into discussions at a Round Table Conference on the basis of that resolution without any further delay and to invite the government of Pakistan to take part in such discussions;
vi. Requests that the result of such discussions be reported by the governments of the Union of South Africa and India to the Secretary-General of the United Nations, who shall from time to time make inquiries from them and submit a report on the action taken on this resolution by the two governments to this Assembly at its next session.
Whilst a majority it was not considered a decision of the United Nations General Assembly as carried the resolution it did not procure the requisite two-thirds majority.
Therefore, the 1946 resolution of the United Nations still stands.
Provincial Barriers
At the last Conference of Congress, the following resolution on Provincial barriers, was unanimously carried:
"This Biennial Provincial Conference of the Natal Indian Congress held on 30th and 31st May and 1 June 1947, at the Kathiawad Hall, Durban, records its strongest protest against the Immigrants Regulations Act of 1913 which discriminates against the Indian population of South Africa and prohibits their free movement from one province of the Union to another and which makes a section of the South African population who are Union nationals, prohibited immigrants in the land of their birth."
"This Conference records its appreciation for the resistance offered to this racially discriminatory legislation by the then Secretaries of the Cape and Transvaal Passive Resistance Councils, who served terms of imprisonment in defiance of this Act, thereby drawing the attention of South Africa and the world to the unjust treatment meted out to Indians in this country."
"This Conference firmly believes that the freedom of movement from one province to another is a fundamental right of all Union Nationals, and therefore demands the withdrawal of the provincial barriers against the Indian people and the amendment of the Immigration Act of 1913 and the abolition of all rules and notices issued there under which classify Asiatics as prohibited immigrants and restricts the choice of their domicile to the province of their birth."
In terms of the above resolution and in view of the fact that the authorities had adopted the non-arrest tactics at the Gale Street plot, the joint Council discussed the contravention of the Immigrants Regulations Act of 1913 at its meeting on the 9 January, 1948. A, this meeting a report (see Annexure 1) submitted by the Natal Council was fully discussed and the following decisions were taken:
"(a) That the next phase of the Passive Resistance Struggle be the crossing of the provincial border on 25 January, 1948;
(b) That the first batch of volunteers consists of between 15 and 25 Resisters and that for the first month batches be sent weekly."
In view of the fact that Field Marshal J.C. Smuts and Mr. Harry Lawrence had at the First and Second sessions of the UN General Assembly asserted that Indians were Union nationals it was further decided that a letter putting forward this decision of the Joint Council on the above question be addressed to the Prime Minister of South Africa. (4) In order that the decision of the Joint Council may receive the widest possible support, a National Conference of Congress branches and PRC Action Committees was held at Durban on the 11th January 1948, at the Gandhi Library at which Conference the following resolution was unanimously carried:
"This Conference held under the auspices of the Joint Passive Resistance Council of the Transvaal and Natal Indian Congresses having given due consideration to the statement issued by the Joint PRC resolving to continue and expand the Passive Resistance struggle by exercising the right of all South African nationals to free movement within their homeland, pledges its fullest and active support for this campaign.
Proposed by Mr. Debi Singh Seconded by Mr. Y.A. Cachalia. Carried unanimously."
Subsequent to this Conference a mass meeting was held on the same afternoon at Red Square and the following resolution moved by Mr. Manilal Gandhi and seconded by Mr. Ashwin Choudree was also adopted unanimously:
"This mass meeting held under the auspices of the Passive Resistance Council of the Natal Indian Congress welcomes the decision of the Joint Passive Resistance Council to launch the next phase in the Passive Resistance struggle by the crossing of the provincial borders from one province to another, thereby exercising the right of all Union nationals to freedom of movement within the land of their birth. This meeting pledges its full support, both moral and physical, to this campaign."
On 24 January 1948, after a meeting at the Gale Street plot, Messrs R.A. Pillay and R. Mahabeer (Chairman of the Sydenham Branch of Congress) led the first batch across the Natal-Transvaal border. This batch was not arrested until 10 February 1948 and at the Johannesburg Magistrate's Court they were sentenced to one months imprisonment suspended on condition that the offence was not repeated, and were deported to Newcastle across the border.
On 12 February, 15 of the 25 Resisters recrossed the border. They were sentenced on 18 February to three months hard labour (plus one months suspended sentence). To date 72 Resisters have been arrested at Volksrust for crossing the Natal-Transvaal border. A further 20 have been arrested for having crossed from the Transvaal.
On 10 February 1948, Drs Dadoo and Naicker appeared in the Durban Magistrate's Court on a charge of aiding and abetting under the Immigrants Regulations Act, 1913. They were each sentenced to a terms of six months imprisonment,
The second phase of the Passive Resistance campaign has receive considerable support from organisations throughout the world, ft messages of support are too numerous to mention but it will suffice to say that Pandit Nehru at a recent meeting of the Indian Constituent Assembly has stated that the government of India is aware of the second phase of the Resistance Campaign and that they are watching very carefully the developments in South Africa.
The South Africa Committee of the India League in Great Britain has commenced publishing a weekly bulletin giving news of the Indian struggle in South Africa. This Committee is doing valuable work in publicising our struggle in Great Britain and France.
The press in India has always given full publicity to the progress of our campaign. In South Africa, however, there has been a deliberate blackout in the daily newspapers. Very little if any publicity is given to important aspects and developments of our struggle. Our publicity has therefore been confined to the Passive Resister, a weekly newspaper published by the Joint Council, the Guardian and other Indian weeklies.
Conclusion
In conclusion the Passive Resistance Council wishes to place on record its sincere appreciation to the hundreds of people who have assisted the campaign thus far; but in order to continue the struggle to vindicate the honour and self-respect of our people in this country, much more assistance is needed. It is hoped that this Conference will fire a new re-awakening amongst the leaders in the different areas, so that the struggle can be carried on to a successful conclusion.
The statement by Pandit Nehru in the Indian Constituent Assembly that India is watching our struggle closely, should always be borne in mind by us and any failure at this stage will not only embarrass the Indian people in this country, but the governments of India and Pakistan as well.
Delegates must realise that the whole future of the Indian people in this country is closely linked with the Passive Resistance Campaign. Whether we are going to live as helots or as decent human beings depends entirely on our struggle.
Our fight is for the unhampered right to enjoy the fullest freedom of speech, movement, property, residence and political rights. Delegates must do their share to help secure these rights.
Every effort must be made in the areas by the different branches to secure volunteers for the campaign and to collect funds so that the campaign may continue unhindered.
Annexure 1
Report on the breaking of the provincial barriers. Submitted to all PRC Committees by the Natal Passive Resistance Council
The Passive Resistance Council of the Natal Indian Congress has considered the question of adopting new methods of struggle in further developing the Passive Resistance Campaign. Having given thought to a number of proposals, it is considered that the most feasible plan is to break the provincial barriers.
The provisions of the Immigrants Regulations Act of 1913 confine Indians confined to the province in which they were born. Certain special consideration is given to persons born before 1913.
The penalty for the contravention of this Act is imprisonment for a maximum period of three months with or without hard labour and without the option of a fine.
Any person found guilty of aiding and abetting an illegal immigrant is liable to a fine of up to £100 or to imprisonment with or without hard labour for a maximum of six months or to both fine and imprisonment or to imprisonment without the option of a fine.
In view of the threatening stalemate at Gale Street and in view of the increasing activities of anti-resistance and treacherous individuals, it is considered an urgent political duty to begin this new phase of the struggle at the earliest possible moment. It is suggested, therefore, that the announcement of the arrival of the first batch of volunteers be made in Johannesburg on the 1 January 1948.
Recruits for this campaign will have to fulfil certain conditions:
1. They must be prepared to undergo imprisonment for the maximum period; therefore, the lowest period for which they may volunteer is three months.
2. They must be equally prepared for a policy of non-arrest. Hence it is possible that they may have to remain outside Natal for an indefinite period.
It is, therefore, considered advisable that emphasis in recruiting should be upon persons who are prepared to settle in the province to which they are sent.
The more active assistance of all PRC Committees will be essential if the tasks involved are to be carried out efficiently. A PRC Committees in Natal will have to assist in the recruiting of volunteers.
While recruits who are leading members of the community will be welcome, it is anticipated that volunteers will come primarily from the ranks of the unemployed. All PRC Committees outside Natal will have to investigate:
1. To what extent employment is available in their area. The type of employment that is available.
2. The number of volunteers that may be accommodated and maintained by each Council until gainful occupation is found.
There is a very great need, in this new phase of the struggle, that our funds be conserved. It is therefore proposed that no maintenance be paid to volunteers.
The time lag between their arrival at a centre and their placing in employment should be as short as possible. Hence the urgency for each Council to investigate the position at the earliest possible date.
During this period the Council which has jurisdiction' the area will have to accommodate volunteers and provide for sustenance. The financial burden would be better distributed if succesive groups of volunteers were sent to different areas. Tasks ought to be so allotted that the efforts of the various Councils supplement each other and so that no Council is unnecessarily and disproportionately burdened. It is proposed that the substance of this report be submitted for examination, discussion and decision to a Conference of all Committees of the Passive Resistance Council to be held in Durban on Sunday, 28 December 1947.
