RACE RELATIONSOfficial Journal of Ihl South African Institute of Race Relation]

P. O. Box 97, Johannesburg

Vol. IV. No. 1 Published quarterly February 1937

FREE TO MEMBERS

CONTENTS — INHOUD

Race Relations in 1936

A South African Survey. —By J. D. Rheinallt Jones ... ... ... ... 3

Native Affairs in Southern Rhodeiia during1936 — By B. Cranston ... ... ... ... 17

The Housing of Natives by Public BodiesBy Councillor F. Walton Jameson ... ... 27

RASSEVERHOUDINGSOffirillt Joemaal van die SuiJ-Afrikaanie Inttittiut vir Raueotrhoudingt

Posbua 97, Johannesburg

Dee) IV. No. 1 Uilgegee elke kwartaal February 1937

GRATIS AAN LEDE

N O T E N O T I S I E

The purpose of thi> journal is to make availableto the members of the South African Institute ofRace Relations facts and authoritative statementshaving significant bearing upon the racial situationin Southern Africa.

Except where expressly stated, views advocatedin articles published in Race Rtlationl do not neces-sarily express the viewa of the Institute.

Articles are published in whichever of the twoofficial languages (English and Afrikaans) of the Unionof South Africa they are submitted for publicationby the authors.

Communications in connection with the journalshould be addressed to the Editor, Race Relation*,F. O. Box 97, Johannesburg.

Die doel van hierdie Tydskrif is om flan dielede van die Sutd-Afrikaanse Instituut vir Rasse-verhoudings feite en gesaghebbende verklarings voorte le wat van groot betekenis is vir die rasse posisiein Suid Africa.

Uitgesonder waar dit spesiaal verklaar word, isdie meninga wat in artikels in Raneverhoutttngtuitgedruk word, nie noodsaaklik die menings van dieInstituut.

Die artikels word gepubliseer in witter een vandie twee offisifle tale (Engela en Afrikaans) van dieUnie van Suid Afrika hulle deur die akrvwera wordaangebied. .'.

Komntunikaaies in verband met die Tydskrifmoet geadresseer word aan die Redaktetrr Rant-vtrhottJingi, Posbus 97, Johannesburg.

of •The membership of the Institute consists mainly Die Lede van die Instituut bestaao hoofsaaklut,'uit

(a) Affiliated Bodies, making minimum annualgrants to the Institute of £10.0.0.

(b) Donor Members, making minimum annualdonations of Cl 0.0.0.

(c) Ordinary Members, paying minimum annualsubscriptions of £1.0.0.

(a) Geaffilieerde Liggame,wat'n minimum jaar- ji1h'kse bydrae van £10.0.0. aan die Instituut ;Jmaak. >j

(b) Skenkerlede wat 'n minimum jaarUkse-dskenking van £10.0.0. maak. ~'B

'Xtl(c) Gewone Lede, wat 'n minimum jaarlikse.'jintekensom van £1.0.0. betas!.

Extension of the membership Is roach desired. UJlbrejdlng van die Ledetnd li boogs wensllk.'Communications should be addressed to the

Secretary, South African Institute of Race Relations,P. O. Box 97, Johannesburg.

Kommunikasies moet geadresseer word aan MtASekretaris, Suid-Afrikaanse Instituut vir Rassever-C|houdings, Posbus 97, Johannesburg.

RACE RELATIONS IN 1936*A SOUTH AFRICAN SERVEY

By

]. D. RHEINALLT JONES

;'< Not!:— This is the second annual survey. On this occasion an account of Native affairs in Southern Rho-desia is provided in a separate contribution in this issue.

LEGISLATION

' The Native Bills

r

Last year's survey closed with an account of thedivision of opinion on the Native Bills and with thestatement that "among Europeans the conflict ofprinciples in racial policy had become sharper, theissues more distinct". The 1936 survey may weltopen with a short account of the controversy over the

.Representation of Natives Bill which flared up withthe opening of Parliament in January 1936.'

- The Bill, it will be remembered, proposed tolimit the Native franchise in the Cape Province tothose on the voters' roll at the passing of the Bill,to provide for the election of four European Senators

• by Native electoral colleges to be set up throughout. the Union, and to establish a Native Representative

Council of twenty-two, to which the electoral collegeswould elect twelve Natives and the Governmentwould nominate four Natives, the remaining sixmembers being European Government officials.

Conferences of chiefs and other representativeNatives convened by the Minister of Native Affairsand the All African Convention, consisting of 400delegates of Native organisations, had shown quiteunmistakably that Native opinion was opposed to theBill, and a number of religious and other bodiesinterested in Native welfare had also expressed them-selves in opposition to the Bil l . Many members ofParliament also felt that the Bill went too far in de-priving the Cape Natives of the right to the personalvote. There was very great doubt too of the coursewhich the main opposition — the Nationalist Party—would take on the Bill , since most, if not all, inthis party would have preferred to abolish all forms

of Native representation in Parliament, a view alsoheld by a considerable number of the Prime Minis-ter's followers. Since it had been understood thatmembers of the Government party would be free tovote as they chose on the Bill, it was thus by nomeans certain that the Bill would be carried by thenecessary majority of two-thirds of the membershipof both Houses of Parliament sitting together. Theeffects of the defeat of the Bill upon the politicalsituation were likely to be very considerable, so thatthe Bill was introduced into Parliament in a tenseatmosphere. The excitement was increased byrumours of the possibility of the Native leadersaccepting a compromise. For some weeks severalmemlters of Parliantent with Native constituents hadbeen engaged in an effort to secure a compromisethat would maintain the right of the Cape Nativesto exercise the personal vote, but in the election ofspecial parliamentary representatives, as had beenproposed in the Bill, which had been rejected byParliament in 1929. they sought to persuade theNative leaders to put this forward as a request to thePrime Minister, and the Prime Minister himself madethe same suggestion in an interview with the. leaders,but, after a long and anxious discussion, they refusedto do so, on the ground that their mandate from theConvention did not permit them to propose the com-promise. It was found, however, that the compromisewould Kcure the almost unanimous support of theGovernment party, and the Prime Minister there-upon withdrew the Bill and introduced another ("BillNo.2") which embodied the terms of the compromiseand maintained the right of Cape Natives to apersonal parliamentary vote, but on a separate regis-ter and for separate representation. "Bill No. I" hadendeavoured to reconcile three different opinions.

•Address delivered by public testion of the Council of the South African Institute of RiceWitwaterirind, on Jinuiry 25th, 19J7.

liry of the

(I) Dy the abolition of the Cape Native franchiseit had tried to satisfy those who held that Nativesshould be excluded from any form of political re-presentation ; (2) by the establishment of the NativeRepresentative Council it had tried to satisfy thosewho thought that Natives were entitled to be heard inall matters affecting themselves ; (3) by the specialrepresentation in the Senate and the establishmentof the Native Representative Council it had met theview* of those who, while agreeing that the CapeNative franchise should go, were prepared to giveNatives a definitely limited share in political powerand were concerned to find another form of Nativerepresentation. A fourth viewpoint was not satisfied:that which considers the Native population as anintegral part of the State and entitled to qualify forcitizen rights, although not necessarily on the basis ofadulthood, as in the case of Europeans. "Bill No. 2"represented a gain to the third view. It did not satisfythe first and the fourth. The new Bill was passedafter long and stormy joint sittings of both Houses ofParliament, but with an ample margin for the requisitetwo-thirds majority. Among the many notable featuresof the debates was the declaration of the leader of theNationalist Party — the Hon. Dr. D. F. Malan —that his party favoured the separate representation ofthe Coloured people. Outstanding also was the speechby the Hon. J. H. Hofmeyr, the Minister of Education,Interior and Health, opposing the Bill in the thirdreading.

An effort to persuade the Supreme Court thatthe new measure had not been passed in accordancewith the technical requirements of the South AfricaAct proved unsuccessful.

Later in the session the Native Trust and LandBill was passed with very few amendments. This wa<the second of the measures which Select Committeesof Parliament had been considering since 1927.While carrying further the principle of the territorialseparation of Native land rights from those of non-Natives, as laid down in the Natives Land Act of1913, it made provision for the release of seven andB quarter million morgen of land from the restrictionsof that law, and established a Trust with extensivepowers to purchase and administer land for Natives.The Prime Minister announced, at an early stage inthe discussions, that the Cabinet had decided to setaside ten mjllion pounds, or as much more as might benecessary, to enable the Trust to acquire the additionalland. Fearing that discussion on the actual land to bereleased as scheduled in the Bill might cause the Billto suffer the fate of the efforts made nearly twentyyears earlier to release land for Native occupation, the

Government decided not to accept any amendments tothe schedule and strongly discouraged any discussionof it.

The Bill as passed also makes it clear, in ChapterIV, that outside the Native areas of the Natives LandAct of 1913 and those acquired under the new Act,Natives have no permanent rights of occupation, andmay reside on farms belonging to Europeans only solong as they are in the service of Europeans, either asfull-time servants or as duly authorised labour te-nants, wives and minors however being permitted toremain with their men-folk.

The Act came into force on August 14th, 1936,but the application of Chapter IV was suspended, sincea great deal will have to be done to enable Nativesto move into the new areas before the stringent provi-sions of Chapter IV can be applied. No time hasbeen lost by the Native Affairs Department in acquir-ing land. Under the Act, Crown land in the releasedareas was vested in the Trust and other land has beeopurchased. Active steps have been taken, under anewly appointed Director of Native Settlement, toplace Native families on the land thus acquired, andextensive plans for the agricultural development ofthe new areas are being put into operation.

Thus in one session of Parliament two measures havebeen passed which aim at carrying political and terj

ritorial segregation several stages further. How firthey wilt take the country along this road time only 'will tell. And what their ultimate effects will be on •;'race relations in the Union it is not possible to judge 'now. At the moment, among the vast majority ofEuropeans there is a sense of relief that measures whichhave been before the country for many years have been .placed on the Statute Book, and there is also thequaint hope that the "Native problem" has been solved—for the time of this generation at any rate. Amongthinking Africans there Is a great deal of resentmentagainst the use of political power by the White man toabolish that franchise which was to them • symbol :

of their political manhood. They have, however, with-stood the temptation to boycott the Representation :of Natives Act, and are turning their attention to the.]selection of their repesentatives. They are also alive \to the vital importance of the provisions of the Land ;Act to their people. ". .'

A third measure designed to complete the turn of ,the segregation screw — the Urban Areas Act Amend- •ment Bill— was not brought forward into Parliament;but a departmental committee appointed by the ;Minister of Native Affairs surveyed the situation in theurban areas of the Union, and a new Bill — the Native

-.«!

Law Amendment Bill — has been drafted on theresults of their enquiries. The Bill was publishedon December 31st, and its purpose is to amend thelaw relating to Natives in urban areas, to the regulationof the recruiting and employment of Native labourersand to the acquisition of land by Natives. The Billhas since been withdrawn and the subject matterreferred to a joint Select Committee of Parliament.

Alien* Bill

There were numerous references in the Pressduring the year to the likelihood of the Minister of

... the Interior and the Nationalist leader each bringingmeasures before Parliament for the control of immi-gration, and since the close of the year the Minister

'has gazetted an Aliens Bill, which is likely to provokeconsiderable controversy.

The immigrants during 1936 numbered S942 siagainst 2425 in I93S. In the light of the anti-Semiticagitation, which will be referred to later in this review,it b interesting to note that the S. A. Jewish Board of

/ Deputies in s pamphlet, The Jewt of South Africa,claims that for the five years 1930-3S the immigrationof Jewa averaged 907 per year, or about 40% of thetotal immigrants. The figures for 1936 are not availableto me at the time of writing, but the publicationmentioned states that an unusually large number ofJewish immigrants from Germany arrived in the latterpart of 1936 because they knew that changes in thelaw were imminent.

In the circumstances, consideration of the widerquestion of the control of immigrants tends to berestricted by concentration upon the Jewish aspect.This is unfortunate, as such aspects as the effect ofrestricted immigration upon the demographic tenden-cies of the country are entirely overlooked.

Land Tenure by Asiatic* and South AfricanColoured. People in the Transvaal

The recommendations made by the TransvaalAsiatic Land Tenure Act Commission in 1935 inregard to this subject were considered in 1936 by aSelect Committee of Parliament, and. as a result, aBill was presented to Parliament which was practicallyan agreed measure, and became law as the TransvaalAsiatic Land Tenure Amendment Act of 1936.

The Act provides that(1) Asiatics and Coloured may own property in three

types of areas in the Transvaal (a) those with-drawn from the operation of the Gold Lawprohibitions because they are in predominantlyAsiatic and Coloured occupation; (b) Asiaticbazaars set up under the Municipal Ordinance of1905 ; (c) areas not subject to Gold Law prohibi-tions, such as Sophiatown, Johannesburg. Inall cases, however, the Minuter must obtainthe approval of Parliament to Asiatics and Co-loured acquiring property in these areas, and, inthe case of the bazaars, the consent of the Muni-cipality concerned must first be obtained ;

(2) restrictions in title deeds against Asiatic andColoured occupation in the exempted areas arecancelled on the exemption of the areas ;

(3) restrictions sgainst the ownership of land byAsiatic companies will be removed in the exemp-ted areas. Land outside these areas may beheld by Asistic companies and European trus-tees on behalf of Asiatics, provided they wereacquired before May 1932.

(4) Asiatics and Coloured persons established inareas brought under the Gold Law for the firsttime in 1932 may move from one site to another,with the Minister's consent;

(5) a register of exempted areas, individual sitesexempted from the Gold Law, and persons pro-tected under the Act of 1919 is to be set up tocheck illegal occupation ;

(6) the Minister has power to insist upon municipa-lities maintaining efficient municipal services inexempted areas and bazaars.

Thus the Act of 1936 completes the legislativework consequent upon the policy laid down by Parlia-ment in 1932. There now remain the difficulties fac-ing the Minister in securing agreement of municipa-lities and the European public to the exemption ofspecific areas. 1'he position on the Witwatersrandhas been made more difficult by the recent remark-able industrial and commercial expansion. Wholeareas formerly occupied by Coloured and Indianshave been taken up for the accommodation of worksand other buildings.

ADMINISTRATION OF JUSTICEPolice Commission

A public outcry for an investigation into theconditions in the police force followed notable trialsof senior police officers.

In the cane of Rex vg. Opperman, a detectivesergeant was convicted of defeating the ends ofjustice by falsely securing the conviction of a bottle-store licensee under the liquor laws. Astonishing dis-closures made by several witnesses, who allegedcorruption amongst senior members of the police inJohannesburg, led to the arrest of the Head of theC. I. D. of the S. A. Railways and of other seniorofficers on charges of defeating the ends of justice.The trial was followed with the keenest interestthroughout the country. It resulted in the convictionof the police officer ind an accomplice.

An earlier trial resulted in the conviction of aMajor in the railway police and an accomplice forinciting a person arrested for the theft of gold bullionto dispose of the gold to them.

As • result of these disclosures, and in responseto the public outcry, the Minister of Justice arrangedfor the appointment by the Governor-General of ICommission consisting of a Judge of the SupremeCourt and two well-known advocates each withconsiderable experience as an attorney-general. Theterms of reference appear to be wide enough to covernot only the many kinds of complaints made againstthe police in recent years, both in the courts and inthe press, but also to permit of investigation of theconditions of service and methods of training in thepolice force.

Relations of Police and Non-Enropeans

In the survey for 1935 typical uses were quotedof (1) assaults by Police on Non-Europeans and (2) as-saults by Non-Europeans on Police ; references werealso made to complaints by Non-Europeans of theuse made by the Police of the "pick-up van". Severalconvictions of policemen for the assaults on Nativeswere reported during the last year also, and in oneinstance the sentence was a fine of £100 or twelvemonths imprisonment. Convictions of policemen fortheft from Natives were also reported, the sentencein one case being ten days imprisonment with hardlabour in each of seven counts. There were however

>y

several cases reported in which Native or Colouredcomplainants were held by the Courts to have madefalse charges against policemen. The view was takenby more than one magistrate that the general outcryagainst the police had led complainants to make un-founded allegations, especially where they themselveawere accused of offences.

The pass and taxation lans are held responsiblefor much of the unpleasantness between the policeand Natives. An incident was mentioned in the lead-ing article of The Star of May 6th, 1936, in which aNative going out to call a doctor to his dying wife wasarrested for being out afterthe curfew hour. He spentthe night in a cell while his wife breathed her last,A case which attracted general attention came before •the magistrate at Durban in September, when aNative welfare official of the Durban Corporation andhis wife, both well-known as social workers, werearrested. In discharging the accused the magistratesaid : "This is a most unfortunste case. I do notwant to suggest to the police department what dis-cretion they should use in these matters, but I certain-ly do think that with Natives of this calibre, educated \\and enlightened as they are, discretion should have • ' 'been exercised and the constable should have re^ £frained from arresting them." • *

Durban Riot••I 5^

On April 1st a disturbance broke out among ''(*Natives in Durban when twenty Natives attacked ?|Non-European police at a municipal beer ball. Fortu- >• Jnately no lives were lost The riot led to the appoint- .-*fment of a commissioner to enquire into the causes of'.|it. The commissioner in his report found that tho'ldisturbance had been anticipated if not fomented by <|European elements in the town unfriendly to the ,|Union police force which on that day assumed the Jduties of the borough police force. While exonerating jjthe police force from charges of brutality on the oc*:j«casion, the Commissioner said: "It is unlikely that the?]seed sown by the rumour would have yielded such tMcrop if there had not been the fertile soil of uneasinea*;|and apprehension in which to plant it. It Is impro^liable that this uneasiness and apprehension have been. 'Ientirely allayed and that the stories of police brutality '3and abuse of the pick-up vans are completely <credited, and it is consequently of the greatest Iportance that, if the South African Police are to g—Jthe confidence of the better elements of the Nadv*:

population, the force must use the utmost circum-spection in its dealings with them and see that itsmethods are characterised by scrupulous fairness anda nice consideration of their feelinga."

In view of the agitation in the press and else-where, the Minister of Justice was approached by theInstitute of Race Relationa and other bodies to includein the terms of reference of the Police Commissionthe subject of the relations between the Police andNon-Europeans, and thia has been done. Considerableevidence on the s'ubject has already been taken by theCommission, which is endeavouring to follow upevery specific allegation of police ill-treatment ofNon-Europeans. It would be inadvisable to commenthere upon the press reports of the evidence given be-fore the Commission. The hope may however be ex-

. pressed that, whatever truth may be found in the al-legationa against the Non-European public, the Com-mission will be able to suggest ways in which therelationa between the police and Non-Europeans can

..be made such that the Non-European communitiescan increasingly regard the police as their friends and

: protectors, and that the police can count upon themoral and practical support of these communities indealing with wrongdoers. It is pleasant to refer to thecases where the lives of Non-Europeans have beensaved by policemen. Constable Thomas Zanie saveda Non-European woman and child from drowningat the Hoonap River. Sergeant Vlok saved the livesof two Native prisoners when a pick-up van caughtfire. Sergeant Loots saved two Natives trapped in ablazing car.

Treatment of PrisonersNumerous protests in the press against the practice

. of the police of driving handcuffed gangs of Nativeaccused and convicted offenders through the streetsbetween the gaol snd the courts led the JohannesburgMunicipal Native Affairs Administration to urge theuse of vans for this purpose. This is now being done.It bad long been a complaint of Natives that the prac-tice was not only unnecessarily humiliating to thosewho found themselves in the gangs — often forcomparatively trivial offences — but that it also de-rogated from their respect for the forces of law andorder.

A strong attack on the condition of the prisons ofthe Union was made by the Hon. Mr. Justice Krausein an address to the National Conference on SocialWork held in Johannesburg in October. After payinga well deserved tribute to the Director of Prisons(Colonel Beyers) for his efforts at prison reform,

Judge Krause said that it could not be too strongly. emphasised that the general rule in dealing with the

law-breaker ia to send him to prison. He advocated(I )the examination of delinquents by alienists; (2) thatprisons should be altered constructionally to permitof redemptive work; (3) separation of the mentally de-fective and sexually degenerate from other prisoners;(4) compulsory segregation in work-colonies of the"won't works" ; (5) establishment of special institu-tions for the habitual criminals. Judge Krause drewspecial attention to the part played by the pass systemand other special lawa relating to Natives in sendingUrge numbers of Natives to prison. "The sooner thepass laws are scrapped, the better it will be for thecommunity and the fewer Natives will crowd ourprisons".

Sentences on Natives

Complaints continue to be made of inequality inthe sentences imposed upon Natives in the Court.As indicated last year, the complaints are mainly (1)that no consideration is given to the capacity of anaccused to pay where a fine is imposed ; (2) that thesentences are out of proportion to those imposed onEuropeana.

Legal AidIt is regretted that the scheme of legal aid for

the indigent, more particularly Natives, referred toin last year's survey has not so far been set in motionin the Johannesburg magistrates' courts. There aregrounds for hoping that the remaining difficulties willsoon be resolved and that, early in 1937, the schemewill be in operation. As approved by the Minister ofJustice, the scheme is as follows: —

"1. The Transvaal Incorporated Law Societyand the Johannesburg Society of Advocates willform panels of Attorneys and Advocates who willbe prepared to give their services and willappoint someone to act as Secretary of thecombined panels.2. The Senior Public Prosecutor and his staff toselect from the day's roll of undefended casesthose cases (if any) that they consider call fordefence arrangements.N. B. If, during the course of the trial of any

undefended person, the presiding judicialofficer considers that the case should bedefended, he should stop the trial andrequest the Senior Prosecutor to make thenecessary arrangements in accordance withthe general scheme.

3. The Senior Public Prosecutor to arrange forthe Secretary of the Panels to be notified ofcases for defence and for the accused to beinformed of the facilities available to him.4. The Secretary of the Panels to arrange forthe defending Counsel and/or Attorney to bedetailed for the service and to get into touchwith the accused."

As a result of the discussions, the Departmentof Justice has directed magistrates on the Witwaters-rand area that undefended persons committed fortrial should, after committal at the preparatory exam-ination, be informed of the facilities available tothem in the Witwatersrand Local Division of theSupreme Court for their defence, should they notalready have made arrangements. The facilitiesire as follows : —

"Accused persons on informing the CrownProsecutor's Office, in the course of the prelimin-ary interview, that no arrangements have beenmade for their defence are all advised of thefacilities for Dock Defences.

"If they desire to avail themselves of thefacilities, they can do so upon payment to theRegistrar of the Court of i small fee— £3.3.0.being the minimum required.

"Upon proof of payment, Counsel isappointed through the Bar Council on advicefrom the Crown Prosecutor's Office.

"Upon completion of the case Counselcollects his fee from the Registrar.

"In these cases, as in Pro Deo Defences,which is a different system, Counsel is appointedby the Secretary to the Bar Council strictly inrotation, but it b open to any member of theBar to refuse a Dock Defence.

"The system of Dock Defences does notappear to be very well known and it has accord-ingly been agreed that Magistrates committingaccused persons for trial before the Witwaters-rand Local Division shall inform them of thesystem in vogue.

"It is of course to be clearly understoodthat the system is only meant to apply to thosepersons who are unable to pay any more than thenominal fee demanded by the Bar Council, andMagistrates should advise persona of this fact."

Assault*

It was reported in the press (26/9/36) that theMinister of Justice had addressed a circular to allpublic prosecutors in which he had stated that he hadconsidered the question of the prosecution ofEuropeans for assaults on Natives and had arrived atthe opinion that the disposal of such cases by wayof the admission of guilt is undesirable. Con-sequently, instructions were given that, in alt suchcases, the accused should be brought to trial in theordinary way.

While there were many cases reported of assault*by Europeans on Natives and by Natives onEuropeans — and several were fatal, they did notpresent in themselves unusual racial features.Throughout the country Europeans use fire-armsfreely and these frequently figure in cases of assaultsupon Natives. In at least one case, in which a Nativewas alleged to have murdered a European, the farmer*formed a commando to seek out the culprit. Fortuna-tely, the forces of law and order in South Africa haveso far proved adequate to prevent such instancesdeveloping into racial conflicts.

Juvenile Delinquency '"

The Committee appointed to investigate tne Igrowing problem of juvenile delinquency, mentioned .in last year's survey, has not yet reported. Mean- •.while, efforts have been made to deal with the Iarg6numbers of delinquent Native children to be foundin Durban and Johannesburg. In Durban and Pieter- ^marilcburg three methods are being tried: (1) An 'experiment in the commitment of Native juvenile-'^offenders to selected Native chiefs, headmen and kraal .;heads has not so far proved successful; (2) Adoption ;•by Natives which has also not been successful; (3) •transfer of delinquents to the care of institutions ;already established certified under the Children's jProtection Act for this purpose; (4) establishment of 'a probation hostel. In Durban and Johannesburg ̂probation hostels have been established for Native,*juvenile offenders, and the Warden and Board of the.Diepkloof Reformatory are trying out experiments in 'the training and placement in suitable home* of the;,;-;juvenile inmates of that institution. A similar hostel *Jfor Indians is to be established near Durban. "'

It is expected that during the coming session of.-:'iParliament legislation on this subject will be intro-.J,|duced to assist preventive and remedial effort*.

':?• Natives and Statutory Offence*The extent to which gtatutory offences are

!;:• responsible for the conviction of Natives' in the courts;>" is hardly realised by the public. The statistics given

below, and kindly supplied by the Director of Censusand Statistics, need little explanation. The figures for1936 are not available so early in the year, so that thelatest figures are those for 1935 : —

Predominant Offence* Committed by Natives

Native Labour RegulationsDrunkennessMaster and Servant Law*Theft — Common (under £50)Assault — CommonTrespassLocation (Reserves) Rules and

Regulations

19302329315995158611338818166

1935205831920314404164151731411255

13567

i. fc Native Taxation ActL"; Possession of Native Liquor

. , Urban Areas Act*< Municipal Regulations

$•, Pass Laws

19304977235777208772591242262

19356872763038326203786041645

In 1935 the total of serious crime was 18,055,while other offences totalled 447,257.

The extent — about 88% — to which statutoryand revenue offences are responsible for the largetotal of 465,312 Native convictions i» a matter whichshould receive careful consideration.

ECONOMIC CONDITIONS

Europein1935 1936

100010181026

_ f _ J-...

10151053105610691070

Noo.-Europe>D1935 1936

100010421056

10671112111211321136

C

Natives: —UnionProtectoratesEast CoastTropical AreasColouredIndians

1935

158,26849,43570,733

1,2451,115

171

1936

173,599 455,191 476,115 4

1,621 41,149 4

168 H

- 15,3315,756

- 5,382376253

fj; Employment

The employment position showed improvement'^..during the year, as the following monthly indexes of.?. employment in Industry show. They are calculated' on the base July 1935 - 1000.

• Mcmth

< • ' Januaryfcf. AprilB July

OctoberNovember

In the Mining Industry the following figures(according to the monthly bulletin of the Departmentof Mines) show the expansion in employment in theIndustry : —Mouth Year European Non-European

December 1935 43,176 367,894November 1936 46,029 387,363

(N. B. The above statistics were kindly suppliedby the Department of Census and Statistics).

Detailed statistics regarding other industriesare not available.

It is interesting to note that in the Gold MiningIndustry the opening up of further opportunities

for Europeans and Non-Europeans are in about thesame ratio, so that their inter-dependence ii welldemonstrated. The following figures kindly suppliedby the Transvaal Chamber of Mine* ahow how theexpansion in employment in the coal and gold minesof the Transvaal has affected the different clatsesof Non-Europeans : —

It should be noted that the figures relating toNative labour do not show the number of individualNatives who worked on the mines. The President ofthe Chamber of Mines was reported in October assaying that the number of Native labour engagement]from all sources during the previous twelve monthswas 276,271.

Late in the year it was announced that, as aresult, of an inter-change of Notes between the Unionand Portuguese Governments, and as a temporarymeasure, the maximum number of Natives whichmay be recruited from Mozambique has been raisedfrom 80,000 to 90,000.

It was also reported that further facilities areto be provided for the recruitment of Natives fromnorth of latitude 22 south. Meanwhile the forciblerepatriation of Natives from the Rhodesias andNyasaland has been suspended.

It is hoped, so it is stated in the press, to relievethe famine of Native farm labour, both by directrecruitment of extra-Union Natives for the farms andby the expulsion of unemployed Natives from thetowns.

There are so far no indications that shortage oflabour has had any appreciable influence uponNative wage rates. Towards the end of the year theMiddelburg Town Council decided to increase thewages of Native employees because of the shortageof labour. This is the only instance noted.

Certain areas of the Union are closed to recruit-ment lor the Mines, but efforts made by the KokstadMunicipality, Chamber of Commerce and JointCouncil of Europeans and Nativea to persuade theGovernment to open East Griqualand to recruitmentfor the mines was successfully opposed by theFarmero'Associations of the area.

On the other hand, a committee appointed bytbe Governor of Nyasaland reported in April urgingthat the emigration of males from Nyasaland is havingdeplorable results.

An important discussion on the conditions ofthe recruitment of Native labour took place in theInternational Labour Conference at Geneva in Junewhen a Convention was adopted. This was stronglyopposed by the Union Government and employerdelegates because it provided, among others, for thepayment by the recruiter or the employer of allexpenses incurred by the worker in travelling to theplace of employment. The proviso was stronglyaupported by worker delegates. It is unlikely that itwill be ratified by the Union. An account of theConvention and of the discussion on it was publishedin Race Relations, November 1936.

Employment Policy

In announcing a new road policy for the Trans-vaal, the Administrator informed the ProvincialCouncil in April that a permanent force of skilled andsemi-skilled Europeans would be employed on tbeextensive road works sbout to be inaugurated. Theywould be accommodated in suitable houses on pro-

vincial property, their rates of pay would be increasedand unskilled work would be allotted to Natives,but no indication was given of the wages to be paid.

In June the Johannesburg City Council appro-ved of a motion that its European labourer* betrained for semi-skilled and skilled work.

As indicated earlier, there has been consider-able expansion both in European and Non-Europeanemployment, and it is not possible at this date toascertain to what extent European labour haa beensubstituted for Non-European. In the Railways andHarbour* Administration this policy was pursued,Indian and Native employees of long standing beingreplaced by Europeans. In response to an appealad mi'jeruottff'am, the Minister agreed to retain theseNon-European workers in the service of the Admi-nistration at the same wagea — but on other work-Speaking in Parliament on 19/3 /36, the Minuter said"We do not take on any Non-European labour exceptin very exceptional circumstance*. I do not think wetook on a dozen during the year, except casual*...Except for a few casuals, the White labourer* usuallyget on the permanent or temporary staff. Usuallythey are permanent. .. Non-European labourer* arehowever taken on the basis of casual labourer*."

In a letter to the United Party Congress held atylPretoria in March 1936, the Secretary for Labour (tIwrote :'"The Government does not propose to intro-'̂ fduce legislation designed to prevent the employmeniVof any particular race in specified occupation*." He'-pointed out that the Industrial Legislation Commia-'.v•ion had reported against measures designed to the\T\wholesale displacement of Native* by European*, and",went on to say that "the department feels that directslegislation based on racial distinction* is impracticable* *>;It proposes to pursue the policy, which has already*'!had some success, of including in wage-regulatingiijjmeasures provision* which will ensure the emplment in industry of a reasonable proportion of crlised labour." Amendment* to the existing legislation,^are to come before Parliament in 1937 to facilitate this':ymethod. ••••

" , . . •The President of the Durban Chamber of Com-f^f

merce in April expressed disagreement with » policy Vi;which aima at the exclusion of Nativea from employ-)!'ment or which use* wage regulation measure* for".,;the purpose of substituting European labour foe/;Non-European. ',

A resolution was adopted by the Orange Freer!State United Party Congress ip October urging •

10

prohibition of Nativea from driving motor cars belong-ing to Europeans. The resolution received particularattention in the press because the Prime Minister(poke in support on the ground that he consideredNativea "lacked the necessary instinctive ability." Aotatement issued by the Johannesburg Joint Councilof European* and Africans thereafter quoted a reportof the Safety First Association, which held that"European male drivers are responsible for a muchlarger percentage of street accidents than is commonly •supposed..." and that "Non-Europeans do not figureao frequently in the accident records as is generallybelieved, and, for the period over which it was pos-sible to make a careful analysis (i. e. nine months) it.will be observed that the Non-Europeans show, onthe aggregate, a much higher standard of careful

• driving than do Europeans". The Prime Minister has• since stated that he does not propose to pursue thematter further.

• The frequency with which this subject recur* inpublic discussions suggests that it deserves fullerinvestigation on scientific lines.

Wage* i

A number of organisations interested in Nativewelfare passed resolutions in favour of improvementsin the wagea of Natives and other unskilled workers.The Department of Labour intimated that the WageBoard would in 1937 institute enquiries into wagea inunskilled occupation* in certain towns. A* indicatedearlier, the Government policy is to press for suchEninimiim rates aa will encourage the greater employ-ment of "civilised labour".

Famine ReliefEarly in the year famine conditions were reported

from Native areas in the Northern Transvaal, Zulu-land, Natal and the Tranikei. There were widespreadcomplaints that, owing to existing legislation, farmerswere able to obtain mealies for their cattle at 8/6a bag, while Natives were starving because mealiescould not be sold to them below the regulated price.In some instances 22 /61 bag was quoted. The NativeAdministration reported that it was actively engagedin relief measures. It supplied maize to Natives atthe rate of. 10/- free on rail, and arranged with theRailways for a special railage charge of 6d. per baginstead of the regular charge of 2 /-. The local traderwas permitted to put on an extra 1 /- as his own chargefor supplying. In addition publicworks were put intooperation in Native areas, on which employment wasoffered to unemployed Nativea. The Administration

complained that in tome areas Natives refused tocultivate land or to work on relief worka because theyhad heard that the Government was supplying mealiesfree. Farmers' Associations passed resolutions pro-testing against the measures taken. In at least oneinstance the Association complained that Nativeawouldn't work because Government rations weresupplied, whereas in fact no relief had been given.

The new harvest and increased employmentrelieved the situation; but the discussions in Par-liament and outside emphasised the fact that agrari-an conditions in Native areas differ so greatly at anyone time that confusion often results from attemptsto generalise from specific situations. During theyear an illuminating example of differing conditionawas found in the Transvaal, where in one Nativearea the crop was so plentiful that the people refu-sed to harvest the whole crop, while the Natives of anearby area trekked there to sell clay pots in exchangefor grain to feed their starving families.

A laudable effort was made by the Zoutpans-berg Joint Council of Europeans and Natives, bymeans of printed and oral propaganda, to encouragethe Native people of that area to conserve their grain.

Native Taxation

The figures given earlier of Native convictionsahow that the convictions under the Native Taxa-tion Act have increased in recent years. In 1935, thetotal was 68,727, showing a decrease of 864. It is pos-sible that the total for 1936 will be even less. Some ofthe earlier increase can be attributed to much greatersuccess in tracing tax defaulters, while the recentdecrease may be due to more employment. Thenumber of convictions is still appallingly high.

Throughout the press of the country numerousletters from Europeans appeared during the yearappealing for a reduction of the Native General Tax,and during the Albany parliamentary election manyquestions were asked on the subject. The agitationhas led to the presentation of a petition to Parliamentsigned by over 20,000 Europeans over twenty-oneyears of age asking for either the abolition of theGeneral Tax or the devising of a more equitable basis.

At present Native services such as education andagricultural development are dependent upon the pro-ceeds of Native taxation, anil this fact must of coursebe borne in mind when the petition is considered.Opinion is alsodividetl as to the extent to which Natives

11

should be taxed and the basis of that taxation. Severalsuggestions have been made and these will be found ina carefully prepared statement on the subject whichappeared in the Institute's journal Race Relations forMay and August 1936. It is hoped that the Govern-

ment will cause a fresh enquiry to be made intothe effects of the present system of Native taxationupon Native life and into the most equitable methodunder which Natives can contribute their fair shareto the national exchequer.

RACE RELATIONS

Antl-Semitiam

Propaganda against the Jews in South Africawas carried on by the organisation known as the"Grey Shirts". Numerous meetings were held invarious parts of the country and literature distributed.At a few centres there were clashes in the streeu andat meetings between "Grey Shirts" and Jewish youngmen. In several centres "Grey Shirt" candidates wereput forward at municipal elections and at provincialelections, but without much success. The discussionin Parliament on the Aliens Bill during the comingsession will no doubt reflect the incressed attentiongiven to this subject by the public. Effortr have beenmade from time to time to persuade the Governmentto introduce special legislation to deal with the Move-ment ; but the Minister of Justice holds that theexisting powers of the Government are adequate.General Smuta, speaking at Roodebank, near Slander-ton, on December 1st, appealed to Afrikaners fortoleration and condemned "this war on the Jews".Dr. Malan at Riversdale on November 21st 19 re-ported as saying that he intended to introduce a billinto Parliament to provide "that only persona whocould assimilate with other people" should be admit-ted into the Union. He i» said to hare declared that"Jew* never assimilate with any other race."

Meetings to protest against the influx of immi-grants from Germany, more particularly the Jewishimmigrants, were held, and < great many lettersappeared in the Frees on the subject, which is dealtwith further in the Aliens Bill

Soutb-Wwt Africa

The Commission appointed by the Governor-General in 1935 to report on the existing form ofgovernment in the Mandated Territory of SouthWest Africa reported in June 1936. The report re-view* the system under which the Territory iagoverned and also the cause* of dissatisfaction anddissension, and contains joint and independentrecommendations by the three commissioners.

The main causes of conflict between the Europeansections of the population are held to be (a) the de-mand for the recognition of German, with Englishand Afrikaans, as an official language ; (b) the increasefrom two years to 6ve of the period of naturalisation ;(c) dual nationality claimed by the German section,more especially in vkw of automatic naturalisationunder the existing law; (d) the Union's land settlementpolicy, which is held by the German section to bedesigned to swamp it; (e) the activities of Nan move-menu in the Territory.

Considerable dissatisfaction among all section*with the" financial and other aspects of administra-tion is found to exist, and important recommendationsare made.

12

Each of the three commissioners makes his own •'recommendation regarding the form of government. r l

Mr. Justice van Zyl propose* complete absorption In *>jthe Union's political structure. Mr. Justice van den •'Heever recommends that the provisions of sectionlSIof the South Africa Act and the Schedule to the Actbe applied to the Territory, which would thus beadministered by the Prime Minister of the Union,with the advice of * commission appointed by the Go* ..vernor-General, legislation being by proclamation,subject to ratification by the Union Parliament. Dr.Holloway agree* with Judge van Zyl that the properfunctioning of representative institution* should b0 -the aim, but does not agree that the Territory should ',(£be administered a* • fifth province of the Union,'.'.',as some of the present provincial function* could 7(1not, under existing condition*, be peacably and effect- .̂ively carried out in the Territory. He recommend* ."'that the Territory be for the present administered ~by the Administrator with the advice of* nominated .{advisory council and under the control of the Union ,̂,Government, but that Native Affair*, Land Settle-';£ment, Education, Mining, Justice and the Police be . Ndealt with by the Union Government. An announce- V,ment in the Press states that the Government doe* notMpropose to alter the administrative syatem of the)/.-]

Territory ; but no doubt there will be full discussionin this session of Parliament on the whole situation inSouth West Africa.

The position of the Non-European populationreceives consideration and the more important recom-mendations are : —(t) That more active steps be taken for the develop-

ment of the Non-Eutopean races in the directionenjoined by Article 22 of the Covenant of theLeague of Nations ; and that the Union Govern-ment as mandatory make financial appropria-tions for this purpose;

(2) that reserves for Bushmen be demarcated;'/..' (3) that the system of indirect rule in Ovamboland

be continued and developed.'

' In view of the responsibilities devolving upon the• ••:• Union as a mandatory, the recommendations of the

$L, Commission deserve more active inter-it on the part£:• of Union citizens than haa been manifested so far.

' Mixed Marriage* and Social Intercourse

Major F. J. Roberts introduced into Parliamentin 1936 a Bill intended to prohibit marriages betweenEuropeans and Non-Europeans, but it was rejected.It gave rise to considerable discussion both in and outof Parliament The Minister of the Interior (the Hon.JanH.Hofmeyr)declared that the Government was notprepared to consider legislation for the general pro-hibition of marriages between Europeans and Non-Europeans and would not accept the measure. Hebased his objection largely upon the "difficulty ofdrawing a dividing line between European andColoured".

In this connection it is interesting to note that,in 1934 there were seventy-two marriages legallycontracted between Europeans and Non-Europeans,of whom five were Asiatics and seven Natives, theremaining sixty being "other Non-Europeans".

The Executive of the Transvaal United Partydecided in December 1936 to ask the Government tointroduce legislation to prohibit marriages betweenEuropeans and Indians. And at a meeting of theUnited Party Congress of the Cape held at Worcesterat the end of November it was announced that theMinuter of Health (the Hon. R. Stuttaford) wasprepared to consider the appointment of a commissionto investigate the causes of miscegenation.

Mr. J. H. Grobler, M. P., introduced a motioninto Parliament in May calling for a Select Committeeto be appointed to investigate allegations thatAsiaticsin the Transvaal are marrying European women toevade the land tenure laws, and the extent to whichEuropean girls are employed by Asiatic* witha view to.ts prohibition. The motion was rejected.

It is noteworthy that the Indian journals inSouth Africa consistently advocate racial purity anddeprecate mixed marriages.

An interesting pamphlet on this subject byAdvocate G. Findlay was published earlier in the year,in which the incidence and factors of racial miKurein the Union are examined.

Political Combination

An important development in the political field wasthe decision of the United Party in the Cape Provincein December 1936 to form a separate organisationfor its Non-European supporters and in future noColoured person will be admitted to the Europeansection of the party, nor will Europeans be allowed tojoin the Non-European section. The Non-Europeansection will have its own machinery on the samelines as that of the European section. Apparently"Non-European" in this connection does not includeNatives. In arriving at its decision on a vexed question,the Congress, in a preamble to the resolution, cited theexample provided by the Dutch Reformed Church insetting up a mission church with separate congrega-tions, church councils and synod for Non-Europeans.

SOCIAL WELFARENative Education

The most outstanding event of the year in Naliv'Education was the publication of the report of 'committee appointed by the Minister of Education toenquire into the state of Native Education in the fourprovinces. The report is a comprehensive study of

the subject. The main recommendations have foundalmost unanimous support from those concerned withNative Education, and they involve the transfer ofNative Education to the control of the Union Depart-ment of Education and the financing of Native Educa-tion on a per capita basis from the Union exchequer.

13

The services rendered by an African to the edu-cational and other welfare of his people have beenrecognised by the decision of the University of SouthAfrica to confer an honorary doctor's degree uponthe Reverend J. L. Dube, Principal and Founder ofOhlange Institute. Natal. Another African, Mr. Z. K.Matthews of the South African Native College, FortHare, has been appointed by the Imperial Govern-ment to serve as a member of a Royal Commission onthe development of Higher Education in the EastAfrican territories. During the year, too, the SouthAfrican Native College celebrated the twenty-firstyear of its history.

Social Work

A national conference on social work held inJohannesburg in September-October was very largelyattended by social workers of all races, but predom-inantly European. The discussions covered practic-ally all forms of social work carried on in the Union,and revealed the remarkable extent to which the Non-European communities have benefited from the de-velopment of social welfare activities. A striking pie*by General Smuts on behalf of the Non-Europeanpeoples found a ready response in the discussions atthe Conference.

It is impossible in this review to deal in detailwith the social welfare aspects of race relations. Itis only possible to say that the attention which has,during, the past few years, been given to the housingof the poor, the combating of tuberculosis and otherprevalent diseases, and the development of govern-mental and municipal health services and other formsof social service was more than maintained during thethe year.

The Youth movements — the Boy Scouts andGirl Guides — extended their interest in the welfareof Non-European boys and girls by the setting up ofspecial forms of organisation to allow for their ad-mission into thete movements.

Bantu Welfare Trust

At the close of the year it was announced inthe Press that a Johannesburg financier had establisheda fund to be called "The Bantu Welfare Trust" withan endowment of £50,000 for the general welfare of

the Native population of the Union and the Protecto-rates. The Donor expressed the hope that others willadd to the endowment.

Census

The Census of 1936 for the first time since 1921included the Non-European population. The totalUnion population is recorded as 9,588,665 made up_ r_n_. .as follows :—

Europeans 2,003,512Natives 6,597,241Asiatics 219,928Coloured 767,984

9,588,665

According to the Census results, the increases .;jjin the population since 1921 are : —

Europeans 31.85% or 2.123% average annual increaseNatives 40.43%" 2.695% - « .;Asiatics 32.7 % " 2.18 % ' "Coloured 40.77% ' 2.77 % "

Total 38.36%" 2.4 % " " • ;,-,.' ••/!

The annual average rate* of increase according !^totheCenauiof 1921 were :— >

EuropeansBantuAsiaticMixed & Other

Total

1.76157.86.37

1.49

It would thus appear that there baa been an'Tacceleration in the rates of increase in each section of }jthe population.

. ̂These figures however need to be accepted with, ^considerable reserve. Despite the efforts of the De-',^partment of Census and Statistics to overcome the.'v^difficulties faced in the enumeration of the Native'3population, it is more than likely that the figures of-J1936 are not accurate, while those of 1921 were.'|certainly far less so. Considerable investigation'^needs to be undertaken in regard to our population''^statistics and scientifically conducted local sample ;Jginvestigations would prove most valuable in check--'?!ing the figures.

14

POLICY

The Union

The Union Minister of Native Affairs (the Hon.P. G. W. Grobler) in a graduation address at theUniversity of Pretoria in December 1936 is reportedto have said : "There can be no middle course in

. Native policy. You must either have equality andassimilation on the one hand, or on the other thegolden rule of Calvinism and the old Republics—no equality in Church or State." He appealed to theUniversity to show in no uncertain manner that itsupports a "determined policy that agrees with thetraditions of our nation from the days of the Voor-trekkers".

"The two practical aspects of the Native questionwere the rights of citizenship of the Native in thepolitical structure of the Union and the territorialdivisions granted to the Natives in the legislation

- passed by Parliament at the beginning of the year.. The people of South Africa honoured the principle

that the Natives were a separate national unity, andthat the Natives possessed their own national valueswhich they alone could live up to, as they were rootedin the best of their past and emanating from the tradi-tions and national characteristics of their own nation."

"The principle of the separate development ofthe Native had necessarily led to political and territo-rial segregation, while the idea that supported as-similation had been directed, and still was, towardsthe assimilation of the Native in the social structureof the White msn — an attitude which necessarilymeant the denationalisation and dislocation of thewhole social structure of both the White and theNative nations of South Africa."

"The people of South Africa had shown by thelegislation passed this year in Parliament that they didnot want to be guilty of denationalisation and un-settlement. Both the Native Representation Act andthe Native Land and Trust Act stood as milestonesin the history of the people of South Africa, as proofof the fact that they still honoured the principle ofseparate development."

"With the acceptance of this legislation SouthAfrica had confirmed the principle of political andterritorial segregation."

His colleague, the Minister of Education, Interior' and Health (the Hon. Jan H. Hofmeyr) addressing the

Bantu Studies Society of the University of the Wit-watersrand, Johannesburg, in August rejected both"identity and repression as lines of approach to theNative problem" and chose instead "the category ofdifference, starting out with the necessity for a frankfecceptance by both aides nf existing differences asfacts".

He suggested two ways in which progress couldbe attained. The first is distinctive Native develop-ment in the Native reserves as a means of constructivesegregation in so far as the nature and extent of theavailable land permits. The second is the recognitionof the detribalised urban Natives aa a permanentfactor who must be accepted as co-workers in thebuilding up of South Africa's economic life andwhose conditions of life must be advanced.

As regards the first — constructive segregation—land is the test. The new Native Trust and LandAct will go a long way to satisfy the test, but let noone think it is going to satisfy the minimum conditionprecedent to the solution of the Native problem bya policy of segregation which would logically meritthat name. For such a policy the White man hasgiven no indication of preparedness to pay the price...It is possible and likely that it is now too late to pay.The policy of constructive segregation may have beena practicable one for the last generstion. In our ownwe can only apply it in bits and fragments : thechance of using it as a solution of the problem is lost.

As regards the urban situation, their developmentand advance would be no less necessary than these ofthe tribal Natives, and it would be necessary to en-visage their training in methods of greater efficiency— and, inevitably, the payment of higher wages.

Mr. Hofmeyr held that "there is no clear-cut ap-proach to the Native problem, leading to a definiteand determinible solution. And that being so. wemust be content with a paitial vision of the goal,following in faith and patience such gleams of lightas are at present vouchsafed to us, hoping that fullerenlightenment will in time reward our faith.".. .

These two statements probably set out the twomain streams of opinion in Native policy in the Uniontoday.

As regards the relation of the Coloured andIndian peoples to the State as a whole and to the.

European population, very much the same sort ofdivision of opinion exists.

South-West Africa

The claim made by Germany to colonial territoryhas resulted in a great deal of discussion on thequestion whether or not one or more of the mandatedterritories in Africa should be returned to Germany.The British Government has stated that it has notand is not considering the transfer to Germany cf anyof her mandated territories. The Prime Minister ofSouthern Rhodesia has declared that the transfer ofTanganyika would be a menace to Southern Rhodes!*and Portuguese East Africa. A declaration by theUnion Minister of Railways, Harbours and Defence(the Hon. Oswald Pircw) is in favour of territory inAfrica being ceded to Germany, but adds that thereturn of South West-Africa and of Tanganyika nolonger seems feasible.

Meanwhile, the Union Government has encount-ered difficulties in the administration of theMandatedTerritory through the strife between the Germansection and the remainder of the White population, butthe Union Government has declined to administerthe territory m a fifth province of the Union. TheCommission appointed to consider the situation drewspecial attention to the position of the Non-Europeanpopulation and called for ictive measures on theirbehalf.

Protectorates

The position in regard to the proposed incorpora-tion of the Protectorates in the Union has undergoneno visible change, except that the offer of the UnionGovernment to contribute £35,000 towards the cost ofsoil conservation and other development measures inthe territories had to be withdrawn because of thestrong opposition expressed by the Chiefs who thusshowed that Native opinion in the Protectorates isfar from ready to entertain the idea of incorporation.

On the other hand, General Hertzog announced inJune that negotiations with the British Governmenthad prcceeded to the point that the expected transferwould be effected within the next five or six years.

The judgment in the case of Tschekedi Rhama andBathoen Gascitsiwe vc. the High Commissioner wasdelivered by Mr. Justice Watermeyer at Gaberonea onNovember 28th. The judgment held that the case ofthe Chiefs to upset two prodamationa issued by the

High Commissioner for the governing of their people*had failed and it was dismissed. The judgment gievaeffect to the official view "that the Crown has un-limited powers to do just as it likes in Bechuanalandin respect of internal affairs ; and that none of the'treaties' and other agreements between the Crownand the chiefs are to be taken as in any way limitingthose powers".

It is thought that, the legal aspects of this disputehaving been disposed of, there are grounds forhopingthat the Administration and the Chiefs can unite inthe working cut of an agreed method of co-operationbetween the Administration, chiefs and people.

Southern Rhodesia

In many directions the relations between Europ-eans and Bantu in Southern Rhodesis are governedby the same social and economic factors as they are inthe Union, and it is therefore not surprising to findthat legislation and administration in SouthernRhodesia sre similar in most respects to those in theUnion. The legislative measures mentioned in a se-parate review in this issue bear strong resemblance toUnion legislation on the same subjects. Fortunately/the land question is not st the moment as acute hiSouthern Rhodesia as in the Union, and the NativeAdministration is taking time by the forelock for the' .•development of Native areas. '',;

An address by the Governor (Sir Herbert '!Stanley) delivered in London towards the end of the >$year indicated that Southern Rhodesia also favouithe Union's experiment* in regard to Native local j*|government and the separate representation of N*tive», s^in Parliament.

Northern Rhodesia and NyosalandIn these territories the two main considerations $

at the present time are (I) the development of Natiauthority, and (2) the development of internal ecoornic resources, more particularly to enable the terrtories to retain their Native male population,considerable proportion of which migrates to South-; wjern Rhodesia and the Union, in many cases never/.jjto return. A draft agreement between Nyaaalani.-^jand the two Rhodesias on this subject is it present, junder discussion.

It is becoming increasingly clear that, econotn ..ically at any rate, Nyasaland, the Rhodesioi, tn>:'.Protectorates and the Union are economically inter-;'.??dependent and economic policy at least in these terri- .tories might be co-ordinated with mutual sdTont«ge.'

16

NATIVE AFFAIRS IN SOUTHERN RHODESIADURING 1936

D. GDIMSTON

New Developments

The year 1936 witnessed s number of importantdevelopments in Native Affairs in Southern Rhodesia.Among the more outstanding were : —

1. The passing of the Natives Registration Bill.

2. The starting of the first 'Village Settlement'for urban Natives, st Luveve eight miles fromBulawayo.

3. The launching under the auspices of theDepartment of Public Health of a fsrreachingscheme for supplying medical facilities toNative* in rural areas.

4. The opening by the Native Affairs Depart-

ment of channels for the marketing of Nativeproduce.

5. The framing of a new Government Noticeregulating the payment of grants to missionstations.

6. The inaugurating at Domboshawa of anexperimental course for the training ofchiefs.

7. The registering of the Roman CatholicMission at Driefontein as a home for Nativedelinquent juveniles — the first such home inSouthern Rhodesia.

In the subsequent pages of this survey these andother subjects are dealt with in greater detail.

LEGISLATION

I. LEGISLATION DIRECTLY AFFECTINGNATIVES

The roost important bill introduced into Parlia-ment during 1936 was the

Natives Registration Bill

This measure was sponsored by the Minister ofNative Affairs. It is described (Hansard) as "afurther step in Government's policy of segregationof population and trade."

The Bill provides for the appointment in everymunicipality, town or village, of a Registrar ofNatives and a Town Pass Officer. Every Nativeshall immediately on entering such a townshipapply to the Pass Officer for a town pass to seekwork or for a visiting pass (unless he alreadypossesses a written permit from a bona fide em-plover). Such passes to seek work shall be validfor not less than three, or more than seven, days andrenewable for a further seven; for visiting possesthere is no maximum period of validity laid down.

In cases of urgency, at times when the Pass Officer isoff duty, passes valid for 24 hours may be issued bya magistrate, Justice of the Peace or Europeanmember of the British South Africa Police.

The Piss Officer shall have the right to refuse toissue a pass ifa. the applicant has, either on two or more previous

occasions, or within three months previous tothe present application, been issued with a passto seek work and has failed to find any;

b. the applicant is of loose, vagrant, or immoralcharacter, and has no lawful purpose to performin the township;

c. the applicant is a minor according to Native lawand is seeking to enter the township far thepurpose of evading parental authority.

There is right of appeal to the Chief NativeCommissioner against such refusal.

The duty of the Registrar of Natives is to registerall contract! of service mode with Natives within thetownship, except any contract nut exceeding 3 days