A survey of race relations in South Africa: 1956-1957

http://www.aluka.org/action/showMetadata?doi=10.5555/AL.SFF.DOCUMENT.BOO19570000.042.000

Use of the Aluka digital library is subject to Aluka’s Terms and Conditions, available at http://www.aluka.org/page/about/termsConditions.jsp. By using Aluka, you agree that you have read and will abide by the Terms and Conditions. Among other things, the Terms and Conditions provide that the content in the Aluka digital library is only for personal, non-commercial use by authorized users of Aluka in connection with research, scholarship, and education.

The content in the Aluka digital library is subject to copyright, with the exception of certain governmental works and very old materials that may be in the public domain under applicable law. Permission must be sought from Aluka and/or the applicable copyright holder in connection with any duplication or distribution of these materials where required by applicable law.

Aluka is a not-for-profit initiative dedicated to creating and preserving a digital archive of materials about and from the developing world. For more information about Aluka, please see http://www.aluka.org A survey of race relations in South Africa: 1956-1957

Author/Creator Horrell, Muriel Publisher South African Institute of Race Relations, Johannesburg Date 1957 Resource type Reports Language English Subject Coverage (spatial) South Africa, South Africa, South Africa, South Africa, South Africa Coverage (temporal) 1956-1957 Source EG Malherbe Library Description A survey of race relations in South Africa in 1956 and 1957 and includes chapters on: Policies and attitudes; SA Institute of Race Relations; Deterrents to inter-racial contact; The population and measures for its registration and control; Matters affecting specific groups; Urban areas; Rural areas; Employment; Education; Health; Nutrition: Welfare; Recreation: Justice; External affairs; Legislation of 1957. Format extent 268 pages (length/size)

http://www.aluka.org/action/showMetadata?doi=10.5555/AL.SFF.DOCUMENT.BOO19570000.042.000

http://www.aluka.org A SURVEY OF

A SURVEY OF RACE RELATIONS IN SOUTH AFRICA 1956-1957 COMPILED BY MURIEL HORRELL TECHNICAL OFFICER SOUTH AFRICAN INSTITUTE OF RACE RELATIONS PUBLISHED BY SOUTH AFRICAN INSTITUTE OF RACE RELATIONS P.O. BOX 97, JOHANNESBURG.

ACKNOWLEDGEMENTS The S.A. Institute of Race Relations extends its very warm thanks and appreciation to all those who helped to make this publication possible. Many State, provincial and municipal officials, voluntary organizations, regional offices of the Institute, Joint Councils and other organizations and individuals have given willing and gracious help by supplying material and by answering questions. It would be invidious to single out any of these for particular mention, but their names are given in the text of this Survey. The writer is particularly indebted to Mr. Maurice Webb, who read the manuscript with meticulous care, offering detailed criticisms and constructive suggestions; and to Mrs. Zea Zimerman, who gave invaluable help with the collection and filing of material, and with the typing and checking of the manuscript. Printed by THE NATAL WITNESS (rY) LTD at Pietermaritzburg.

CONTENTS Page POLICIES AND ATTITUDES Political Parties ...... 1 National Party (1), National Democratic Party (1), United Party (2), Liberal Party (4), Conservative Party (5), Labour Party (5) The Black Sash 6 Non-White Political Organizations ...... 7 The Churches 8...... 8 Lecture by Professor Keet ...... 9 Work for better inter-racial understanding ...... 10 THE S.A. INSTITUTE OF RACE RELATIONS Warning issued to the people of South Africa ...... 11 Attitide to the possible threat to inter-racial meetings ...... 12 ,Presidential address, 1957 ...... 13 ,Director's review of 1956 legislation ...... 13 Findings of Council on recent legislation ...... 14 Unnecessary fear engendered by legislation ...... 15 Executive Committee meeting, July, 1957 ...... 16 The Assistant Director's visit to the United States ...... 16 Opening of Auden House ...... 17 DETERRENTS TO INTER-RACIAL CONTACT Position prior to 1957 ...... 17 The "Church Clause" ...... 17 First draft of the clause (17), Reactions to the original draft (18), The first redraft of the clause (19), Attitude of the Nederduitse Gereformeerde Kerk (20), The second redraft of the clause (22), Reactions to the revised draft (23), Action by the churches after the clause became law (23). Effect of the Native Laws Amendment Act on schools, hospitals, clubs or similar institutions 25 The first draft of the Bill (25), The amended draft, which became law (25). Effect of the Native Laws Amendment Act on places of entertainment 27 Effect of the Group Areas Amendment Act on clubs, places of entertainment, and places where refreshments are served ...... 27 'Possible prohibition of meetings to be attended by Africans .. 29 Reactions by voluntary orgainizations ...... 31 S.A. Institute of Race Relations (31), Liberal Party (32), National Union of S.A. Students (32), S.A. Temperance Alliance (32), National Council of Women of S.A. (32), Welfare Organizations (33), Protest meetings (33). Opinions of certain leaders of Afrikaans thought ...... 35 Practical effects of the Native Laws Amendment Act ...... 36 Position of welfare organizations conducting projects in African residential areas ...... 36 THE POPULATION, AND MEASURES FOR ITS REGISTRATION AND CONTROL The size of the population ...... 38 Religions ...... 39 Progress of population registration ...... 39 The "treason trials" 41 The background (41), the arrests (42), defence fund (43), the preparatory examination (44). Action under the Suppression of Communism and Riotous Assemblies Acts 45 At...... 4 Deportations and Refusal of Visas or Passports ...... 45 Commission of Enquiry in regard to Undesirable Publications - 46 Civil liberties in South Africa ...... 1...... 48

Page MATTERS AFFECTING SPECIFIC GROUPS English-speaking Citizens National anthem and flag ...... 48 Coloured People Parliamentary representation 49 Separate Representation of Voters Repeal Bill (49), Nomination of -a Senator on the ground of his knowledge of the Coloured people of the Cape (50), Delimitation of Coloured constituencies (50). Land Settlement ...... 50 Asians Birthplaces of Asians resident in South Africa ...... 51 Deportation of Indians ...... 51 Africans Control of Africans in urban areas...... 52 Address by Secretary for Native Affairs (52), Curtailment of powers of local authorities: Irregularities in Native Administration Departments to be reported to the Government (52), Increased control over regulations applicable to African townships (53), Increased control of expenditure from Native Revenue Accounts (53), Deprivation of power to admit African workseekers (54), Criticism of these amendments (54). Influx control and reference books '...... 54 Further restrictions imposed by the Native Laws Amendment Act: Right to remain in urban areas (54), Magistrates and Native Commissioners to be empowered to order Africans out of urban areas if they have failed to obey regulations (57), Further classes of officials empowered to demand the production of documents by Africans (57), Extension of definition of an "undesirable" person (58), Removal to rural villages and right to live outside locations (58), Entry upon land or buildings in urban areas (59), Reactions to the Bill (60), Application of the Natives (Prohibition ofInterdicts) Act to orders issued under influx control regulations (60), New provisions relating to reference books (61), Arrests for pass law offences (63), The scheme of enrolling petty offenders for work on farms (64), Effect of influx control measures on the labour supply in large towns (66), Influx control and reference books for African women: The Native Laws Further Amendment Act (66), The issuing of reference books, and the women's reactions (67), The issuing to women of permits to be in urban areas (70), Demonstrations of protest against passes and permits for women (71). "Foreign" Africans ...... 72 Provisions of the Native Laws (Further Amendment) Act (72), Possibilities of naturalization of Africans (73). Banishment of Africans ...... 74 Control of meetings . 76 Entry of Europeans into urban African townships and locations 76 Bantu Authorities 77 Progress to April 1957 (77), Proclamation 110 of April 1957 (77), Progress since then (77), Constitution of tribal authorities (other than in the Transkei) (77), Tribal levies (78), Regulation for regional authorities (79), Tribal or community authorities in the Transkei (80), The Transkeian territorial authority (80). Taxation of Africans ...... 81 Proposed increase (81), Information elicited by the Institute of Race Relations (82). African insurance company ...... 84 Witchdoctors and herbalists ...... 84 Witchcraft Suppression Act (84), Herbalists (85).

Page Riots and disturbances ...... 86 Newclare (86), Vlakfontein (86), Langa (87), Wolhuter beerhall (87), Daveyton (88), Dube (88). General research ...... 91 URBAN AREAS Local government 92 Commission of Inquiry into Local Government (Transvaal) (92), Public Bodies (Language) Draft Ordinance (Transvaal) (93). Group Areas ...... 94 Legislation and Legal Matters . 94 Group Areas Amendment Act, No. 57 of 1957 (94), The Group Areas Act, No. 77 of 1957 (100), Definition of groups (100), Competence of the Group Areas Board to conduct an inquiry, the basis of which is its own proposal (100). Group Areas in Johannesburg ...... 101 Nancefield, Kliptown, etc. (101), The Western Areas (102), Indian areas (108). Group Areas in Cape Town ...... 109 Further Group Areas proclaimed during the past year .. 110 Carolina (110), Lydenburg (111), Other towns (111). Proposals for Group Areas made during the past year .. 111 West Rand (111), Germiston (112), Vanderbijl Park and Bronkhorstspruit (112), Durban (112), Paarl (114), Grahamstown (114), Rustenburg (115). Establishment of industrial townships on the Witwatersrand .. 116 Removal of Africans from the Western Province ...... 116 "Locations in the Sky" ...... 116 Housing ...... 117 The Housing Act, No. 10 of 1957 ...... 117 Income limits entitling Africans to live in assisted housing projects at sub- economic rentals ...... 121 Arrears of rental in Pretoria (123). Financing of housing schemes ...... 123 Progress made with African housing schemes ...... 124 The Witwatersrand (124), Other areas (125), Complicating factors and difficulties (126), Site and Service Schemes (127). Housing for Coloured people and Indians ...... 127 Provision of transport services for urban Africans ...... 128 Railway Construction Act, No. 49 of 1957 (128), State Expenditure on new railway lines (128). The Bus Boycott ...... 128 Putco (128), The Commencement of the boycott (129), Official action to 17 January 1957 (130), The spread of the boycott (131), Official action during the next two months (131), Disturbance at Lady Selborne (132), Attempts to find a solution (133), Ultimatum (134), The Motor Carrier Transportation Amendment Act, No. 52 of 1957 (134), Further negotiations (136), Temporary solution (136), Native Transport Services Act, No. 53 of 1957 (137), Significance of the boycott (138). Apartheid on transport services ...... 139 RURAL AREAS National Conference on the Tomlinson Report ...... 141 Statement by the Institute of Race Relations on the Tomlinson Report 142 Financing and organization of the development scheme ...... 142 Agricultural development and soil conservation ...... 143 Development of industry ...... 144 Rural villages ...... 144 Control of occupation of land in African rural areas ...... 145

Page Sales of land to the Native Trust ...... 146 Removal of African tribes ...... 146 African National Soil Conservation Association ...... 149 EMPLOYMENT General economic conditions in South Africa ...... 149 Labour and immigration 151 Reservation of classes of work on a racial basis...... 152 The principle (152) Reservation of work in the clothing industr.1 (153), Further investigations being made by the Tribunal (155). Severance of connection between the Amalgamated Engineering Union and its South African branches ...... 156 Classes of work for which Africans may register ...... 157 Apartheid in the Nursing profession ...... 157 Functioning of the Native Labour Board ...... 161 The Wage Act, No. 5 of 1957 ...... 162 The cost of living in urban areas ...... 166 Recommendations in regard to increased wages and allowances for Non-European urban workers ...... 172 Investigations by the Wage Board ...... 173 Employment in: Agriculture ...... 174 Secondary industry ...... 175 Commerce...... 177 Mining ...... 179 Building Construction ...... 181 The Public Service...... 181 The Railways and Harbours Administration ...... 182 Municipal service in the Transvaal ...... 183 The professions ...... 183 Personal service 184 Major research in progress ...... 184 EDUCATION Bantu Education 184 Financing (184), Development (186), Secondary education (187), Private schools (188). Education of Coloured and Asian children ...... 188 Education of White children ...... 190 Parallel-medium schools (190), Book-lists for schools in the Transvaal (191), The quality of the teaching (192). School feeding ...... 192 Vocational education ...... 193 Universities 195 Students qualifying to enter universities (195), Enrolment at universities (196), Separate university education (196), The Bill (199), Findings of the Interdepartmental Fact-Finding Committee (203), Commission of Enquiry (207), Erection of new colleges for Africans (207), The Fort Hare University Transfer Bill (207). Some bursaries for Africans ...... 208 Membership of the National Union of S.A. Students ...... 208 Adult education 209 The Bureau of Literacy and Literature (209), Continuation classes for White, Coloured and Asian students (210), Night schools and continuation classes for African adults (210). Major research in progress ...... 211 HEALTH Hospitals ...... 211 Treatment of specific diseases ...... 213 Tuberculosis (213), Eye diseases (213), Mental illnesses (214), Other diseases (214).

NUTRITION Food subsidies ...... Enrichment of foodstuffs Research...... WELFARE Unemployment Insurance Amendment Act, No. 9 of 1957 Other pensions and grants Administration of welfare services for Coloured persons Old age pensions RECREATION Physical recreation...... Art galleries, museums and public gardens ...... Literature...... Painting ...... Music The theatre JUSTICE Prisons and Reformatories Amendment Act, No. 4 of 1957 Criminal Law Amendment Bill The work of the Department of Prisons ...... Criminal statistics Criminal acts of violence ...... Juvenile delinquency Liquor Immorality Act, No. 23 of 1957...... EXTERNAL AFFAIRS South Africa's membership of the United Nations United Nations' consideration of: Racial policies in the Union...... Treatment of persons of Indian origin in the Union South-West Africa...... Relations of the Union with other African territories ANNEXURES I. Recent publications of the Institute of Race Relations II. Other recent publications dealing with race relations III. Housing schemes for Africans ...... vii Page 215 216 216 216 217 217 217 219 220 221 221 222 222 223 224 225 226 228 229 231 232 233 234 235 236 238 240 240 243

LEGISLATION OF 1957 Page Criminal Law Amendment Bill ...... 224 Electrical Wiremen and Contractors Amendment Act, No. 35/1957 181 Fort Hare University Transfer Bill ...... 207 Group Areas Act, No. 77/1957 ...... 100 Group Areas Amendment Act, No. 57/1957 27, 94 Housing Act, No. 10/1957 ...... 117 Immorality Act, No. 23/1957...... 232 Motor Carrier Transportation Amendment Act, No. 52/1957 134 Native Laws Amendment Act, No. 36/1957 ...... 12, 15, 17, 38, 52, 54, 76, 123, 125, 127, 157, 178, 184, Native Laws Further Amendment Act, No. 79/1957 ...... 61, 66, 72, 174 Native Transport Services Act, No. 53/1957 ...... 137 Nursing Act, No. 69/1957 ...... 157 Prisons and Reformatories Amendment Act, No. 4/1957 ...... 223 Railway Construction Act, No. 49/1957 ...... 128 Separate University Education Bill ...... 199 State-Aided Institutions Amendment Act, No. 46/1957 ...... 220 Unemployment Insurance Amendment Act, No. 9/1957 ...... 216 Wage Act, No. 5/1957 ...... 162 Witchcraft Suppression Act, No. 2/1957 ...... 84

A SURVEY OF RACE RELATIONS: 1956/57 1 POLICIES AND ATTITUDES POLITICAL PARTIES The National Party The fundamental aspiration of the National Party continues to be the preservation of White 'racial purity' and cultural identity by means of the apartheid policy. Everything else is subordinated to this aim. This was made clear in a speech by the Prime Minister(') to the Federated Chamber of Industries. As a result of policies followed overseas, he said, British settlers had been forced to leave India and Ceylon, the Dutch to withdraw from Indonesia, and the French to leave Indo- China. But these colonists had not regarded the countries concerned as their permanent homes. "With us", he continued, "the position is completely different. South Africa is our only home and fatherland, and here we must remain either to survive and preserve what is ours, or to go under and be destroyed as a result of being swamped or absorbed and assimilated by the Non-White population". If Africans were allowed to settle permanently in the White man's area and to acquire the White man's knowledge and culture, the Prime Minister said, temporary material advantage might result, but the White man's destruction was inevitable in the long run. Nothing should be done that would jeopardize the White man's survival, safety and supremacy. Although the Bantu would continue to be employed as labourers in the White areas, their opportunities of economic and other advancement should be confined to their own areas. The Prime Minister acknowledged that no government had the right to demand of any citizen, or group of citizens, submission to any particular party-political policy or ideology, but said, "When, however, we are dealing with an issue that forms the very basis or cornerstone of our people's life, our national safety demands of all good citizens adherence and submission to our traditional way of life. Any aberration from this clearly demarcated path must be regarded as dangerous because it must inevitably strike at the very roots of our national existence and imperil our safety". The National Democratic Party During February, 1957, Dr. Theo Wassenaar resigned as leader of the Nationalist group in the Transvaal Provincial Council following a dispute over the composition of the West Rand school board. Although there were a number of English schools in that area, no English-speaking candidate had secured election to the school board, as the electorate (the parents) voted according to the 'ticket' system. The Prime Minister, Dr. Wassenaar alleged, had (1) As reported in the Star, 8 November 1956.

2 A SURVEY OF RACE initially supported his view that two of the four additional members to be appointed by the Provincial Executive Committee should be English-speaking persons; but had later allowed himself to be persuaded by a group of party extremists to agree that all the nominees should be Afrikaner Nationalists. On paper, Dr. Wassenaar said, the National Party constitution guaranteed equal rights to both sections of the White population; but, under its present leadership, the party was not pursuing this policy. Dr. Wassenaar was, shortly afterwards, expelled from the National Party, but declined to resign from the Provincial Council or its Executive Committee. Although he originally said he had no desire to form or lead a new party, he changed his mind following a tour of the country. During April he formed the National Democratic Party, which intends contesting a number of marginal seats at the general election in 1958. Its main aim is to achieve greater unity between the two white sections of the population by guaranteeing equal political and language rights. It would like to see South Africa become a republic within the Commonwealth, but would bring about such a change only if two-thirds of the electorate voted for it. A vigorous, selective immigration policy is recommended. So far as Non-White affairs are concerned, the party would steer a course 'between the extremism of the Nationalists and the unrestricted liberalism of other parties'. It would adopt a policy of conciliation towards the Coloured community, would expatriate as many Indians as possible, and, while maintaining the 'traditional social separation' between White and Black, would endeavour to secure the friendship and collaboration of Africans. The United Party Like the Nationalists, the United Party is determined to protect and maintain Western civilization and the Western way of life in South Africa; but the methods it proposes are different. Sir de Villiers Graaff was elected leader of the party in November 1956. During March 1957, he re-formulated the party's industrial policy('). It believed, he said, that the Union should be developed as one economic whole, with the least possible interference with the most economic pattern for industry, with the siting of factories and the availability of labour. The stream of NonWhite labour into the Union's industries was unavoidable; but it must be controlled and guided, and separate amenities and working conditions must be provided. While White workers must be protected from unequal competition from Non-Whites, this could best be achieved by the continued acceptance of the principle of the rate for the job. The types of work that should be available to (2) AssemblY, 27 March 1957. Hansard 10, col. 3606.

RELATIONS: 1956-57 3 Non-Whites should be decided upon by agreement between the organized employers and the organized European trade unions. An expansion of the local market for South African goods could best be achieved, Sir de Villiers continued, by making better use of Non-Whites as producers; by creating an industrial climate in which better training facilities would be provided for them, and by raising their standards of living and thus increasing their buying capacity. A scheme for constitutional change was adopted by the United Party at its congress in August. Firstly, so far as the Assembly is concerned, it was agreed that, if returned to power, the party would restore to the common roll the names of the Coloured voters (there were some 50,000 of them) who were placed on a separate roll in terms of the Separate Representation of Voters Act of 1951. Higher property and/or educational qualifications would, however, be introduced for new Coloured voters in the Cape and Natal, and the franchise would not be extended to Coloured people in the Orange Free State or the Transvaal. Secondly, it was agreed that the very much enlarged Senate, created in 1955, should be replaced by a more compact body of much the same size as that existing previously. (Prior to the introduction of the Senate Act of 1955, the Senate consisted of 48 members, ten of these nominated by the Governor- General-inCouncil, and half of the nominated members being selected on the ground mainly of their 'thorough acquaintance with the reasonable wants and wishes of the Coloured races'). Specified educational and/or property qualifications would again be required of all candidates for election to the Senate. (The present government abolished qualifications in 1955). The nomination of senators for their special knowledge of Non-White affairs would be done away with. Instead, four or five representatives, who would have to be White persons, would be elected directly by suitably qualified Coloured voters in all provinces. The Representation of Natives Act of 1936 provided that, after a period of seven years, two additional electoral areas might be established for Africans, giving them a total of six elected senators. The United Party would make use of this provision, and would give 'the more responsible class' of Africans a direct vote, the remainder continuing to vote through electoral colleges. Proposals moved from the floor of the congress that Indians, too, should be represented in the Senate, and that the Coloured and African people should be enabled to elect members of their own racial groups, were rejected. A minimum of three-quarters of the senators should be representatives of the Europeans, the United Party decided. It did not specify the exact size of the Senate; but, assuming that this consisted of 50 members, and that there were five Coloured and six

4 A SURVEY OF RACE African representatives, European voters would then elect about 34 members, the government continuing to nominate, say, five. The 34 senators would be elected according to a system of proportional representation, with an equal number from each province. If, for example, eight seats were allocated to the Cape, each party would prepare lists or 'tickets' of eight prospective members from that province, and voters would indicate which party list they supported. Should party A obtain 600,000 votes, and party B 200,000, then the first six persons on A's list, and the first two on B's, would be declared elected. It would, thus, be impossible for a party representing a minority of voters to obtain a majority of seats, as has happened in the Assembly. The Senate would have no power of veto over money bills, thus any government which could pass a budget through the Assembly could govern, even with a hostile Upper House. In all other matters except those affecting the constitution, franchise rights and other specially prescribed matters, disagreement between the Houses would be resolved by majority vote at a joint sitting. A government with an ordinary working majority in the Assembly could thus pass its ordinary Bills even if the Senate opposed them: it would, normally, have the support of the five nominated senators. No joint sitting would be held, however, in the event of disagreement over measures amending the constitution, altering franchise rights or dealing with other specially prescribed matters. Unless such measures were approved at their third reading in the Senate, not only by a majority of all senators, but also by a majority of the senators representing Europeans, they would lapse. A government representing a minority of voters could, therefore, not secure the passage of measures dealing with these matters unless it could obtain some support from the Opposition. Approximately a two-thirds majority of senators representing Europeans would be required before any Bill diminishing NonWhite franchise rights could be passed. The eleven senators representing Non-Whites would, of course, vote against it. This would mean (in a Senate of 50 members), that the over-all majority of 26 necessary would have to be found among the 39 senators representing Whites. Legislation dealing with franchise rights to which the Non-White people were unitedly opposed could, thus, not be enacted on a party-political basis unless the party in power had the support of the bulk of the White population. It could not achieve its ends by again re-constituting the Senate because the legislation necessary for this would also require the support of about two-thirds of the senators representing Europeans. The Liberal Party The Liberal Party continues to have two members in the Assembly and two in the Senate (all Natives' Representatives). It has put up candidates at a few provincial council by-elections, but these have been defeated by large majorities. RELATIONS: 1956-57 5 During the year under review the party published its constitutional policy. It believes that "if a social, ethnic, religious or economic group-whether in a majority or otherwise-possesses both the strength and determination to impose a tyranny upon the rest of society, constitutional checks will provide no safeguard. If, however, the basic desire among all groups to maintain political unity and social peace is present in sufficient strength, constitutional checks and balances will be of assistance in maintaining and fostering that desire". The first essential then, according to the Liberals, is the coming to power of a government which is determined to maintain political unity, inter-racial co- operation and social peace. Legislation should then be introduced summoning a new national convention, this time representative of all racial groups, and conferring upon the convention the power to recast the constitution, subject to general agreement being reached on the nature of the constitutional reforms desired. Reforms suggested are, firstly, that a Bill of Rights should be entrenched in the constitution, guaranteeing to members of all racial groups fundamental human rights and liberties. Secondly, the Liberals believe that one of the most effective checks on the undue domination of any interest or class is the division of sovereign power. It, therefore, suggests that the Courts should be free of political influence, and that the powers of provincial authorities should be extended to include such matters as education, public health, housing and police. Provincial selfgovernment in such fields, it considers, would allow of variations in the methods of dealing with problems arising out of the physical environment and human relationships. Thirdly, it is suggested that power of constitutional amendment should be removed from Parliament, except with the sanction of a further interracial convention. The Conservative Party At the beginning of 1957 the Conservative Party was dissolved, its five members in the Assembly joining the Nationalists or becoming Independents. The Labour Party The Labour Party is the only other political party now represented in Parliament. It, too, has been campaigning for an inter-racial national convention. In the Assembly during February 1957, its leader moved('): "That this House is of the opinion that the time has arrived for the Government to convene a national convention, (3) 9. February 1957. Hansard 3, col. 811.

6 A SURVEY OF RACE representative of all sections of the community, White and Non-White, to consider: (a) ways and means of fulfilling the common desire of all South Africans for inter-racial harmony and co-operation; (b) proposals for the establishment and maintenance of a democratic society in South Africa, in which fundamental human rights for all persons will be entrenched; (c) plans for the proper utilization of the human and material resources of South Africa, including the implementation of the report of the Tomlinson Commission." The motion was defeated. The Minister of Native Affairs said(4) that such a convention would have only one objective - the creation of a set of circumstances as the result of which apartheid, segregation between White and Non-White, would be destroyed for ever. The United Party moved an amendment, as follows('): "to omit all the words after 'That' and to substitute 'whilst adhering to its conviction that the multi-racial problem of South Africa cannot be solved without close cooperation and consultation between all sections of the White people in the first instance and later with the Non-European, this House is of the opinion that in view of the steadily increasing rigidity of the ideological policies of the present Government the ideal of a national convention is now impracticable; and that in respect of the major problem of relations between the European and Bantu peoples, the proper approach is that laid down in the stated Native policy of the United Party'. "Under the 'nature of the policy' it says 'The party recognizes the danger of undue rigidity in Native policy and therefore states that its legislation with regard to the administration of Native Affairs will be wide and elastic, leaving room for experimenting and the trying out and developing of new methods, and allowing consideration to be given, within the framework, to different stages of development of the Native and to circumstances that vary from place to place and from time to time'." THE BLACK SASH As has been described in previous issues of this Survey, the Black Sash women's movement was originally formed in 1955 to protest against the Senate Act. It has continued to protest against all legislation deemed by members to invade human liberties. (4) col. 854. (5) col. 840.

RELATIONS: 1956-57 7 Every day that the Cabinet was in session during the Parliamentary recess in 1956, four members of the Black Sash, symbolizing the four provinces, maintained vigils at the Union Buildings. Nation-wide demonstrations were held to mark the occasion of the opening of Parliament, the posters displayed reading: "We, the people, want just laws justly applied", "Let the courts, not the Cabinet, be the judges", and "Govern wisely, govern justly". Two women were constantly in the public galleries during the Session, 'holding a watching brief for the people of South Africa'. Members have continued to form silent guards outside public buildings in towns and villages all over the country whenever a Cabinet Minister appeared there in the course of his official duties. Although the Black Sash does not support any political party, it has continued its educational campaign to encourage general political awareness, and its publication of news letters and special ad hoc pamphlets directed to this end. Members in each region are keeping a watching brief on the introduction or implementation locally of measures which invade personal liberties and freedoms. The Black Sash, too, has been pressing for the convening of a multi-racial conference at which the establishment of human rights in South Africa may be discussed. Action taken in specific situations is described in the course of this Survey. NON-WHITE POLITICAL ORGANIZATIONS There has been a steadily growing cohesion, during the past year, among the component members of the Congress group the African National Congress, the South African Indian Congress, the S.A. Coloured People's Union, the S. A. Congress of Trade Unions, and the allied White organisation, the S.A. Congress of Democrats. A notable development has been the growth of interest amongst women, and also in the rural areas. The organizations are gaining an increasing sense of collective power, in spite of the fact that many of their leaders who were among those arrested in December, 1956, and charged with sedition or treason, have since been out on bail on condition, inter alia, that they do not attend any gathering other than of a social, religious, educational or recreational nature, and that they address no gatherings whatsoever. Others of the leaders are still banned, under the Riotous Assemblies and/or Suppression of Communism Acts, from attending meetings and from moving freely from one district to another. The police have continued to be present in force at meetings called by these bodies. The Congress Group called for a one-day 'work-boycott' on 26 June, 1957, the fifth anniversary of the launching of the

8 A SURVEY OF RACE defiance campaign, as a protest against the apartheid policy, the pass laws, and low wages - a minimum wage of one pound a day was demanded. Commerce and industry made strenuous efforts to persuade their employees not to heed the call, and police protection was promised for those coming to work. The Day of Protest was probably between 40 and 50 per cent. effective in Johannesburg (which meant that many thousands of Africans did stay away from work), and there was a lesser response in Port Elizabeth, Vereeniging and certain other centres. During the same month the Congress Group issued a statement calling on the public to boycott certain firms which they considered to be under political Nationalist control and direction, "in view of the increasingly racialistic and dictatorial policies of the Government, and, particularly its callous disregard of the economic distress of the ordinary people". Seven brands of cigarettes and seven brands of tobacco were listed for a start, and it was announced that many other products appeared on the Congress lists. The manufacturers of the brands of cigarettes and tobacco mentioned applied for and obtained a rule nisi and interim interdict restraining the organizations forming the Congress Group from distributing their statement. The respondents then filed an application for the setting aside of the petition on the ground that they had been improperly cited as associations, and that every member should have been cited. The court finally found that only the African National Congress was a legal entity. The order against this organization was extended to 28 November, 1957, and was then further extended, but the rule against the other bodies was discharged. At a meeting held at the end of September, 1957, a further stoppage of work was planned, to take place at about the time of the general election early in 1958. Again, action by these organizations on specific issues will be dealt with in appropriate sections of this Survey. THE CHURCHES A statement in condemnation of the apartheid policy was issued by the Plenary Session of the Southern African Catholic Bishop's Conference held in July, 1957. The basic principle of apartheid, it was said, was the preservation of what was wrongly termed White civilization. This was identified with White supremacy. White supremacy became an absolute, an end justifying any means, over-riding justice and even transcending the teaching of Christ. For these reasons, apartheid was something intrinsically evil. From it flowed the innumerable offences against charity and justice that were its inevit-

RELATIONS: 1956-57 9 able consequences, for men must be hurt and injustice must be done when the practice of discrimination was enthroned as the supreme principle of the welfare of the State. Perfect equality could not be established in South Africa by a stroke of the pen, the Bishops continued. People could not share fully in the same political and economic institutions until culturally they had a great deal in common. All social change must be gradual if it was not to be disastrous. But a change must come. A sensible and just policy was called for, enabling any person, irrespective of race, to qualify for the enjoyment of full civil rights. The burden of responsibility lay squarely on the shoulders of the White citizens, whose Christian duty it was to seek to unite rather than separate, to dissolve differences rather than to perpetuate them. The attitudes of other churches to the apartheid policy have been described in previous issues of this Survey. Their attitudes to specific issues that arose during the year under review, especially the 'Church clause' of the Native Laws Amendment Act, will be indicated in the chapters that follow. Before proceeding to this, it is noted that the Natal section of the Religious Society of Friends (Quakers), too, has rejected the concept of apartheid. They issued a statement(6) during August, in which it was said, "We believe that South Africa is not for one people alone, or for any one more particularly, but that every section of the population has come to this land under the hand of God . . . We must, with respect for those who truly believe in it and whose right to their beliefs we shall firmly uphold, reject the concept of apartheid. We believe that as Christians it is laid upon us to do all in our power to draw together the separated peoples of South Africa to the end that we may become one nation, united in work and worship for the good of our country and the glory of God. And we believe passionately in freedom..." LECTURE BY PROFESSOR KEET Professor B. B. Keet, Professor of Theology at the Dutch Reformed Church Seminary, Stellenbosch, gave the 13th annual Hoernl6 Memorial Lecture of the S.A. Institute of Race Relations during July 1957('). Colour prejudice was so strongly felt in South Africa, he said, that it had assumed the character of a natural phenomenon. By a process of rationalization it had even become a virtue, in that it protected the White man's civilization. Apartheid claimed to envisage the necessity of the development of the Non-White races to the limit of their capabilities along their own lines. "But how are we to determine the point of time when a whole society comes to maturity?" Professor Keet (6) Published in The South African Outlook, Vol. 87, No. 1036. 1 August 1957. (7) His lecture was published by the Institute under the title The Ethics of Apartheid.

A SURVEY OF RACE asked. "Who will be the arbiter in the matter? The fact is that it cannot be done". What characterized Christian ethics was the emphasis laid on the worth of the individual; and it was here that apartheid proved to be fundamentally wrong, because it sacrificed the individual to the generalizations of group thinking. Reduced to its simplest ethical terms, apartheid boiled down to the perilous doctrine that the end justified the means. By seeking the solution of the problem of colour prejudice, not in subjective repentance for an arrogant and irrational feeling of superiority, but in the objective manipulation of those who were the victims of the prejudice, White South Africans revealed the attitude of the guilty conscience which did not seek the cause of its guilt in itself, but in the proximity of those who occasioned the feeling of guilt. Advocates of apartheid claimed that the only alternative to their policy was integration at all levels, Professor Keet said. In his view, the choice was between racial domination and racial co-operation. A way must be found to enable NonWhites to share in the great task of building the nation - a right which apartheid denied them. Professor Keet was by no means expressing the view of his Church, and his statement was very severely criticised by the Afrikaans press. The S.A. Bureau of Racial Affairs issued a Press statement in reply to Professor Keet's address('). It agreed with him that suppression of the Non-Whites based on the acceptance of the inherent superiority of the Whites was immoral and could not endure. The basic problem in a multi-racial community was to preserve the birthright of one section without denying similar rights to other groups. Its policy of separate development, SABRA stated, on the ethical morality of which there could be no argument, provided the only avenue whereby these principles could be put into practice. WORK FOR BETTER INTER-RACIAL UNDERSTANDING It will be recalled(9) that the conference of Africans convened in October 1956 by the Interdenominational African Ministers' Federation held out a hand of friendship to the White man, maintaining that a proper reading of the South African situation called for co-operation and inter-dependence between the various races. It urged the need for a positive alternative to the policy of separate development. The Interdenominational African Ministers' Federation, assisted by a number of private individuals as sponsors, is to call a further conference in December 1957, this time an inter-racial one, to give further consideration to the question of bringing about friendly and effective co-operation among the dif(8) e.g. Star 27 July 1957. (9) See Survey of Race Relations for 1955/56, pages 55 and 152.

RELATIONS: 1956-57 11 ferent racial groups in South Africa. The theme of the conference will be 'Human Relations in a Multi-Racial Society'. The eighth inter-racial work camp was held during July at the Wilgespruit Christian Fellowship Centre near Roodepoort. Sixty-three young people representing all the racial groups of the Union, and including visitors from overseas, spent from one to three weeks working, playing, studying and praying together. Other interesting events during the year were that two African priests and one Indian were appointed canons of the Natal Diocese of the Church of the Province of South Africa; an African minister of the Presbyterian Church 'delivered the charge' at the ordination of a European, that is, set before him his obligations and responsibilities as a minister of religion; and an African minister was invited to preach to a White congregation of the Nederduitse Gereformeerde Kerk at Pinelands, Cape Town. The contingent of 380 South African Boy Scouts that attended the world jamboree held in England during July, 1957, included lads from the Indian, African, Coloured and White communities. THE S.A. INSTITUTE OF RACE RELATIONS The work of the Institute of Race Relations over the past year, and the action taken by it in specific circumstances, is described in the course of this Survey. Before proceeding to deal with individual topics, however, it is convenient to make mention of the Institute's general approach and convictions. WARNING ISSUED TO THE PEOPLE OF SOUTH AFRICA On 23 April, 1957, members of the Institute's Executive Committee issued the following statement, which received wide publicity in the press throughout the country: "We members of the National Executive Committee of the South African Institute of Race Relations are so greatly concerned about developments in our country that, with the full sense of our responsibility, we address ourselves to all South African citizens. "Throughout the years, we of the Institute, together with many welfare, inter-racial and other organizations, have worked to secure the orderly and evolutionary advance of our multi-racial society. We have sought to promote interracial co-operation and the use of democratic procedures, to develop common loyalties to our country, and to discourage the emergence of any exclusive sectional or racial nationalism. "We are convinced that the policies at present being pursued by the Government of South Africa are destroying any advance made towards these goals and are doing untold

A SURVEY OF RACE damage to our common future. We believe that these policies will fail, because they are a negation of right principle. We believe they will defeat themselves because they conflict with our economic structure and jeopardize future economic development. They will fail, too, because they are inducing amongst Europeans a widespread unease and distrust in the future of South Africa, and are giving rise amongst NonEuropeans to a mounting tide of resentment of authority and of the White man who exercises that authority. "No people can be kept in the strait-jacket of control which the legislation of the past nine years, added to an already repressive legislative structure, has imposed, and which the Bills at present before Parliament - the Native Laws Amendment Bill and the Separate University Education Bill - make even more intolerable. "These Bills, taken together with the directives being issued to welfare organizations, aim at undermining all voluntary European association with Africans and canalising all contact through public servants alone. Should this happen and should the tide of resentment, now running, continue, then we believe most sincerely that the outcome will be tragic for all in our country. With means of voluntary communication increasingly restricted, the racial groups may become sealed off into entirely separate and hostile camps. "It is with a heavy sense of responsibility and a heart-felt concern for the future of our country that we issue this grave statement. We call on our fellow South Africans, particularly on the Europeans, who exercise sole political power, to take heed before it is too late." ATTITUDE TO THE POSSIBLE THREAT TO INTER-RACIAL MEETINGS The power assumed by the Minister of Native Affairs to prohibit any meeting, assembly or gathering in the 'White' part of a town if it is to be attended by an African, is described later. In July, 1957, the following statement was issued to the press: "The National Executive of the South African Institute of Race Relations, whose members are drawn from every part of the country, has decided unanimously that the Institute should continue exactly as before to do the work it has always done for better race relations in South Africa. It considered the possibilities that its work for multi-racial co-operation might be interfered with, and decided that it would not be frightened by vague threats or be deterred by undefined dangers." This decision will be placed before the Institute's Council at its annual meeting in January, 1958.

RELATIONS: 1956-57 13 PRESIDENTIAL ADDRESS, 1957 In January 1957 the Institute's President, Mr. Leo Marquard, delivered an address entitled "South Africa's Colonial Policy".(1) In this address he elaborated on the idea he had put forward some years previously: that South Africa was in reality a colonial power, but that this fact was disguised by the circumstance that her colonial subjects lived within the physical boundaries of the mother country. DIRECTOR'S REVIEW OF 1956 LEGISLATION At the Council meeting in January 1957, the Institute's Director, Mr. Quintin Whyte, gave his annual review of recent legislation('). One of the great dangers facing the country, the Director said, was the progressive loss of freedom. The President had pointed out that the chief defence of liberty against arbitrary power lay in the balance between corporate institutions (Churches, Universities, trade associations and local authorities) and the State. In democratic countries there were other bastions of liberty - the protection granted to individuals by courts of law, the recognition of the right to free expression of conscience and opinion, to free assembly and association, the freedom to participate in government. Added to this was the much vaguer but none the less equally real idea of a natural justice as immanent in our Western society. Was it not possible, the Director asked, that Europeans in South Africa were sacrificing these essential bulwarks of our civilization on the altar of race prejudice and fear, and were worshipping before the false idol of White superiority and race domination? Was the legislation of the past few years not evidence which supported such a conclusion? It would, he thought, be true to say that over the past year we had seen a considerable diminution of the freedom of the person and of the protection which the courts of law may afford a citizen from arbitrary action. The two most glaring examples of this were the Natives (Prohibition of Interdicts) Act and the Natives (Urban Areas) Amendment Act. The Native Administration Amendment Act and the Bantu Education Amendment Act had similar effect. In South Africa we were witnessing a vast increase in the arrogation of powers to ministers and officials for the exercise of arbitrary power and a diminution in the control which either courts or parliament can exercise. One appreciated that the executive branch of a government must have powers, but one was also impressed by the necessity for a system of checks on such powers and the preservation of balances in any society. This was particularly necessary in South Africa, where (1) This has been published by the Institute in pamphlet form. (2) This was published by the Institute as RR 1/57 and in Race Relations Journal Vol. XXIV Nos. 1 and 2.

14 A SURVEY OF RACE democratic forms and conventions were not sufficiently entrenched as part of the social and political tradition and habit, and where so large a proportion of the citizens had little or no participation in government. The effect of a second group of enactments, the Group Areas Amendment Act and Population Registration Amendment Act, was to clarify and extend previous segregation measures. Others promoted further segregation. The Industrial Conciliation Act in effect undermined the whole idea of trade unionism, splitting the working class into what might become racially competitive and antagonistic groups. Next year other corporate institutions would be similarly undermined: the government proposed to introduce apartheid at the universities and in the nursing profession. The South Africa Act Amendment Act and the Separate Representation of Voters Amendment Act had set the Coloured people apart as the 1936 Acts set the African people apart. This increased isolation of the White group was not only dangerous for the White group but was also pregnant with possibilities of social disorganization and upheaval. The preoccupation of those in power had been the sovereign status 'of our country and the absolute sovereignty of Parliament; but surely this concept of Parliamentary sovereignty must be modified ? There was an accepted belief in a natural law which co-existed with statutory law and which might be appealed to, where statutory law would appear to be unjust. Should the use of the Parliamentary concept by the party in power offend against this feeling of natural right and justice, then such government or party would sow seeds of discord, would fail in the ends it hoped to achieve, and, in South Africa, would embitter race relations. Much of our legislation committed this trespass. It was vitally important that the Institute should take its stand on principle, for no satisfactory or enduring solution to our racial problems would be found in an expediency which was based on the weakness born of fear, race pride and race prejudice. Bread and games could not do away with the striving after freedom which was in all of us. Practice and principle must be disentangled: apart from all its other work, this was a major function of the Institute. THE FINDINGS OF COUNCIL The findings of the Institute's Council on recent legislation were as follows: 1. "Council affirms its belief that only with the greatest possible measure of individual freedom can any people find its finest expression. It must, therefore, deplore: (a) the enactment of legislation which considerably diminishes the freedom of the person and the protection which courts RELATIONS: 1956-57 15 of law may afford a citizen from arbitrary action, e.g. the Natives (Prohibition of Interdicts) Act; (b) the arbitrary powers over the lives, liberties and property of individuals being conferred on Ministers, administrative officials, local authorities and even minor officials, e.g. the Natives (Urban Areas) Amendment Act, the Native Administration Amendment Act, the Bantu Education Amendment Act, the Population Registration Amendment Act and the Group Areas Amendment Act; (c) the increasing tendency of the central authority of the State to encroach upon the internal policies of autonomous corporate institutions such as local authorities, trade unions and the impending threat to Universities, professions, etc.; (d) the encroachment on freedom of association and freedom of occupation introduced by the provisions of the Industrial Conciliation Act. 2. "The Council deprecates the extent to which each of the abovementioned Acts of Parliament adds to the accumulation of laws which unjustly discriminate against the individual on grounds of race or colour. 3. "The Council believes that some method should be devised to protect the individual against the powers inherent in the concept of a sovereign Parliament by the introduction of constitutional limitations designed to protect fundamental rights of individuals and associations and enforced by an impartial judiciary. 4. "Council re-affirms its opposition to the removal of Cape Coloured voters from the common roll. It regards such removal as unjust, wrong in principle and constitutionally and politically inexpedient." UNNECESSARY FEAR GENERATED BY THE MINATORY NATURE OF RECENT LEGISLATION In a news-letter published in Race Relations News for May/ June, 1957, the Director said that the total effect of recent legislation, so much of which had been of a restrictive nature, had been to make many people feel that they were living under a continual threat. Indeed, the minatory nature of such legislation was very real. Many individuals and organizations were afraid to go ahead with their normal inter-racial activities in case they fell foul of the law. The negative, prohibitory nature of the legislation had, rightly, been emphasized; but this had, at the same time, tended to obscure what people could, or were allowed, to do. The Director then analysed recent laws, more particularly the Native Laws Amendment Act, clarifying the procedure necessary before threats contained in the Act could be implemented. His

16 A SURVEY OF RACE letter was entitled "What may we do under all these laws?" His intention, he concluded, was not to whitewash a vicious piece of legislation; but to indicate where normal activities might be continued without fear of legal action. EXECUTIVE MEETING, JULY 1957 This note was taken up again in a letter that the President and Director sent to all members of the Institute after the midyear Executive Committee meeting. "The thorough and practical discussions on legislation in which your regional representatives played an invaluable part," they wrote, "provided a pooling of information and experience from different parts of the country on new and old laws and on how they are affecting our lives. The picture that gradually emerged from this discussion was dark, but not unrelievedly dark. The Nursing Act, the Native Laws Amendment Act with its direct threat to freedom, the Group Areas (Amendment) Act, and other Acts or administrative actions, all revealed a progressive determined invasion of private and public liberty and the progressively harsh manner in which local authorities, willingly or unwillingly, were carrying out the instructions of the central government. We heard pitiful tales of expulsions from their homes, of banishments, of arrests, and of the ruthless destruction of family life and of personal freedom of NonWhite men and women. Such inhuman action can flow only from a policy that insanely persists in regarding people as groups rather than as individual human beings... "Surveying the whole scene, we found that there were a few heartening signs. It seems clear that, within the ranks of those who support the present Government, there is a growing uneasiness that the policy of apartheid is being pushed to extremes and even that it may not, after all, be the real answer to racial problems. In other words, the policy is being challenged from within. These signs were quite evident in connection with the Separate Universities Bill, the Native Laws Amendment Act, and the Nursing Act. "Secondly, we believe there are hopeful signs that more and more people are becoming aware of the inherent dangers of the policies of apartheid. This takes two forms: more people are realizing that our economic health demands more reasonable accommodation between Europeans and Non-Europeans; and even more significant - more people are seeing the situation, not as a matter of just dealing between White and Non-White, but in its proper perspective as a matter of individual liberty". THE ASSISTANT DIRECTOR'S VISIT TO THE UNITED STATES At the mid-year Executive Committee meeting, the Institute's Assistant Director, Mr. F. J. van Wyk, presented a report(3) on his visit to the United States of America, and on the International (3) RR 101/57.

RELATIONS: 1956-57 17 Conference on Human Relations which was held in the Netherlands during September 1956 and was attended by Miss Hansi Pollak (the Institute's Regional Chairman in Natal) and himself. He described methods adopted by American sociologists in their attempts to overcome racial prejudice, and drew preliminary conclusions as to how these might be related to the South African situation. THE OPENING OF AUDEN HOUSE The Institute's new building, Auden House, was officially opened by the President during the Executive meetings. In the course of his address he said: "The ideas for which the South African Institute of Race Relations has stood, and will continue to stand, have oeen under heavy attack. Our reply is quite simple and practical: we open Auden House as a place where people can meet - not as guardian and ward, not as master and servant, not as Black and White, but quite simply as free men and women who love freedom and will never surrender it": DETERRENTS TO INTER-RACIAL CONTACT POSITION PRIOR TO 1957 An amendment made in 1937 to the Natives (Urban Areas) Act (Section nine (7) (a)) provided that any institution established after the beginning of 1938, which was situated in the so-called White part of a town (i.e. outside a Native residential area), and which catered mainly for Africans, required the approval of the Minister of Native Affairs and of the local authority concerned. The word 'institution' included churches, schools, places of entertainment, hospitals, clubs, and so on. Marriages and extra-marital intercourse between White and Black are illegal; meetings of over ten Africans in certain areas have since 1953 required the permission of a magistrate or a Native Commissioner; and in certain towns traffic by-laws provide that the Town Clerk's permission must be obtained before gatherings or processions are held in public places. Otherwise there was no control of inter-racial institutions or activities prior to 1957. THE "CHURCH CLAUSE" First draft of the clause Then, in February 1957, the Minister of Native Affairs introduced the Native Laws Amendment Bill. Part of Clause 29(c) of this Bill provided that no church established in the "White" part of a town after the beginning of 1938, and which admitted an African, could be conducted unless with the permission of the RRD

18 ASURVEYOFRACE Minister of Native Affairs, given with the concurrence of the local authority concerned. Similar permission was necessary before any meeting, assembly or gathering attended by an African could be held on these church premises. The Minister's approval might be given subject to such conditions as he deemed fit, and might be withdrawn if he was satisfied that the conditions were not being observed. It will be noted that control was previously exercised over institutions mainly for Africans conducted outside Native residential areas. The Minister now sought control over institutions which admitted an African. Reactions to the original draft This clause evoked nation-wide protest. The Cape Peninsula Church Council, representing English-speaking Protestant Churches in that area, was the first organized body to react, although individual church leaders had roundly condemned the clause. It issued a statement to the effect that the Church of Christ must by its very nature and tradition make provision for peoples of different languages, colours and backgrounds to meet together in the presence of God if they so desired. If Clause 29(c) became law, the churches might well be called upon to disobey the law in loyalty to conscience. Meanwhile, a special meeting had been called of the Action Committee of 'the Christian Council of South Africa (representative of all the major churches except the Roman Catholics and the Dutch Reformed Churches). This meeting came to a similar conclusion, and decided to ask the Prime Minister to receive a deputation. He referred them to the Minister of Native Affairs. A few hours before his death on March 6th, the Archbishop of the Church of the Province of South Africa signed a letter to the Prime Minister on behalf of the Anglican Bishops. "We are commanded", he wrote, "to render unto Caesar the things which be Caesar's, and to God the things that are God's ... We believe that the matters dealt with in Clause 29(c) are among the matters that are God's ... We recognize the great gravity of disobedience to the law of the land . . . but feel bound to state that if the Bill were to become law in its present form we should ourselves be unable to obey it, or to counsel our clergy and people to do so". A special conference of the Christian Council associated itself with the terms of the letter; and statements along similar lines were made by the President of the Methodist Church of South Africa, the Moderator of the General Assembly of the Presbyterian Church of South Africa, the President of the Baptist Union of South Africa, the President of the Seventh Day Adventist Church Conference, and Toc H.

RELATIONS: 1956-57 As soon as the terms of the original clause were made public, the Roman Catholic Archbishops of Durban, Pretoria and Cape Town issued statements to the effect that their churches would remain open to members of all racial groups, regardless of the consequences. In a Press statement('), the Minister of Native Affairs accused the churches of using the appeal to freedom of worship as a "smokescreen for their anti- Government propaganda". In reply to the Anglican Archbishop's letter to the Prime Minister, the Secretary to the Minister of Native Affairs wrote to the Acting Metropolitan of the Church of the Province of South Africa, advising the Bishops to desist from further participation in "this most unnecessary agitation", and to wait a full exposition of the Government's intentions. Naturally, he continued, after the sustained propaganda that had been made through the Press, an interview could no longer serve any good purpose in preventing disturbance of peace of mind. Vehement protest against the "Church clause" and other clauses of the Bill was made by numerous lay bodies, for example the S.A. Institute of Race Relations, the Black Sash, the National Council of Women of S.A., the National Union of S.A. Students, the Civil Rights League, the Civil Rights Committee of Johannesburg, a meeting of about a thousand citizens in Pietermaritzburg, large numbers of welfare bodies, and others. Protest meetings were held in several major centres. These are described in a later section of this Survey. A delegation from the Dutch Reformed Churches met the Minister of Native Affairs to discuss the Bill. The first redraft of the clause Before the Bill had been debated in Parliament, the Minister of Native Affairs tabled an amendment to Clause 29(c). This was to form a new Section nine (7) (b) to the Natives (Urban Areas) Act, and provided that if: (i) the local authority concerned concurs; and (ii) the church concerned has been allowed a stated, reasonable, time to make representations; and (iii) the Minister has considered the availability or otherwise of alternative facilities; the Minister may, by notice in the Gazette, direct that no African shall attend any church or religious service or church function on premises situated in an urban area outside an African residential area. The Minister may do so only if in his opinion: (a) the Africans are causing a nuisance to European residents of the area in which the premises concerned are situated, or of areas the Africans transverse to get there; or (1) e.g. Star, 5 March 1957.

20 ASURVEYOFRACE (b) it is undesirable that Africans should be present on the premises in the numbers in which they ordinarily attend. If a notice issued by the Minister under these provisions is disobeyed, the African concerned, and not the church, will be guilty of an offence. Penalties are as laid down in Section forty-four of the principal Act. On first conviction, these are a fine not exceeding £10, and/or imprisonment with or without hard labour for a period not exceeding two months. Penalties for a second or subsequent conviction are a fine not exceeding £25 and/or imprisonment with or without hard labour for a period not exceeding three months. European church leaders will, however, be guilty of an offence carrying these same penalties if they contravene the amendment to the Act made in 1937, that is, if they conduct a church which was built after 1938 in the "White" part of the town, and which caters mainly for Africans, without obtaining the permission of the Minister and the local authority. Should church leaders be found guilty of contravening the law, by way of protest against any law, they would presumably become liable to the penalties laid down in Section one of the Criminal Law Amendment Act of 1953, which may include a fine not exceeding £300, or imprisonment for up to three years, or ten lashes, or a combination of any two of these. Similarly, should they be found guilty of advising or inciting others to contravene the law by way of protest, the penalties laid down in Section two would presumably apply: these are a fine not exceeding £500, or imprisonment for up to five years, or ten lashes, or a combination of any two of these. The sentence imposed for a second or subsequent conviction must include whipping or imprisonment. Provided that the procedure laid down has been followed before a notice is issued by the Minister, and unless it can be proved that the Minister did not apply his mind to the matter or acted in bad faith, no review proceedings of any kind, to set aside or to over-ride the Minister's decision, will be available. The test as to whether Africans are causing a nuisance, or whether their presence is undesirable, is purely subjective. It is the Minister's opinion which is decisive, and no court has any right to substitute its opinion for that of the Minister. Before issuing a prohibition order he is required to consider the availability or otherwise of alternative facilities: no mention is made of the accessibility- of such alternative facilities. Attitude of the Nederduitse Gereformeerde Kerk Some time previously, the Federal Council of the Nederduitse Gereformeerde Kerk (by far the largest of the three Dutch Reformed Churches) had appointed a commission, consisting of the moderators of the Church in the four provinces assisted by a

RELATIONS: 1956-57 21 group of learned theologians, to draw up a statement of the attitude of the church towards membership of its congregations. At a meeting held towards the end of March, 1957, the Federal Council adopted the policy statement drawn up by this commission (it had still to be submitted to the provincial synods). Briefly summarized, the report stated that in each congregation both the mother and the indigenous (African) daughter churches reserved the right to regulate their membership according to the realistic demand of circumstances and in accordance with the spirit of Christ. But, at the same time, an attitude of superiority dared not arise which sought to get rid of the less privileged fellow-believer on the grounds of race and colour by establishing and furthering independent indigenous churches. While there was no indication that either the European or the Non- European members desired to abolish the separate churches, it was the Christian duty of the churches to educate their members for and in the practice of a healthy ,Christian communion of believers. The Church desired and undertook to promote this closer communion. Neither race nor colour should exclude anyone from corporate worship. After discussing the Native Laws Amendment Bill in the light of this policy statement, the Federal Council drew up a further statement of eight points setting out its views. These points were as follows (the reason for the italicizing of certain words will emerge later): 1. "The Gospel of Jesus Christ emanates from God to all mankind and is subject to no human limitations. 2. "The task is laid on the Church of Christ, in obedience to the Head of the Church, to proclaim the Gospel throughout the world and to all peoples. 3. "The right to determine how, when, where and to whom the Gospel shall be proclaimed is exclusively in the competence of the Church. 4. "It is the duty of the State, as the servant of God, to allow full freedom to the Church in the execution of its divine calling and to respect the sovereignty of the Church in its own sphere. 5. "When the State lays down provisions which limit the attendance of services or bona fide religious gatherings arranged by the Church, it affects the freedom of religion and the sovereignty of the Church. 6. "Therefore it is to the benefit of the Church and the State that each should confine itself strictly to the task which through the Word of God is entrusted to it, and the Church is called upon to warn the State of possible obstruction of the execution of the task of the Church.

22 ASURVEYOFRACE 7. "For that reason we regret that we and, as far as we know, other Christian churches originally did not devote the necessary attention to all the implications of the original Act which already in principle imposed limitations on specific church gatherings. 8. "The Church acknowledges the fact that the State is called upon to act against the propagation of sedition and incitement under the cloak of religion; but nevertheless the Federal Council feels that as far as this legislation is concerned it cannot agree with the width of impact of the proposed provisions of the Bill." A delegation was appointed by the Federal Council in consultation with the Federal Mission Council to discuss these eight points with the Minister of Native Affairs, and to seek assurance that he contemplated no limitation of the sovereignty of the Church in its own sphere. After this discussion had taken place, a statement was issued by the delegation to the Press(2). The Minister, it was said, had declared that the Bill was not intended to interfere with the freedom of the individual to worship in a church or any other bona fide religious gathering so long as such freedom was not misused to the disturbance of good order in the community. In order to remove all possible misunderstanding he would re-word the clause under discussion, framing it in a positive rather than a negative form. Members of the delegation were convinced, they said, that in its new form the clause would do no violence to the principles laid down by the Churches. In this statement, the delegation published the points discussed with the Minister, but, without the Federal Council's authority, omitted points 5 to 8 quoted above, and also omitted the words italicized in points 3 and 4. The second re-draft of the clause The Minister of Native Affairs then tabled a further amendment to the 'Church clause'. In the first re-draft it was stated that, subject to certain conditions, the Minister might direct that no African shall attend a church service in a 'White' area. This was now amended to read that, subject to the same conditions, he may direct that the attendance of Africans shall cease as from a date specified. This was the form in which the clause was eventually enacted('). As promised, it was put in a positive rather than a negative form; but its meaning was unaltered. (2) e.g. Transvaler, Rand Daily Mail and Star of 9 April 1957. (1) Act 36 of 1957.

RELATIONS: 1956-57 Reactions to the revised draft The Christian Council of South Africa published a statement on the revised draft of the clause in which it was said: "The amendment, while it amends the procedure, does not alter in any way the principle of State interference in Christian worship and association. It still gives arbitrary powers of control to the Minister to close doors which we solemnly and sincerely believe God has made open. In fact, it becomes more objectionable in that it penalizes the African worshipper rather than the Church as a whole . . . If this clause . . . becomes law, we shall be forced to disregard the law and to stand whole-heartedly by the members of our churches who are affected by it, and, if necessary, to suffer with them as our brethren in Christ." The Methodist Church of South Africa sent a telegram of similar purport to the Prime Minister; and the Joint Committee of Christian laymen of the Cape Peninsula, representing the Anglican, Roman Catholic, Methodist, Presbyterian and Congregationalist Churches, urged the Minister to withdraw the clause altogether, as also did numbers of church leaders. Many lay bodies, too, voiced their protest. The Institute of Race Relations, for example, sent a statement(4) to Members of Parliament and to the Press in which it was pointed out that the very existence of the powers assumed by the Minister constituted an invasion of the religious liberty of the subject and a curtailment of the rights of the churches. The fact that the new clause subjected only Africans to penalties for its contravention heightened injustice by putting the onus on the more defenceless section of the population. The Opposition launched a determined and prolonged attack on the clause when it was debated after the Easter recess; but the Minister of Native Affairs refused to withdraw it. Action by the Churches after the Clause became law On 14 July, after the measure had become law, pastoral letters written by the Bishops were read in all Anglican churches in South Africa, calling upon the clergy and members to ignore the 'Church clause', and to disobey any notice that might be issued by the Minister of Native Affairs in terms of it. The Acting Metropolitan of the Church of the Province wrote: (5) "Even though their (the Bishops') pastoral letters only hypothetically call for disregard of directions which have not yet been made, I know that it is with a heavy heart that each one has signed and issued his pastoral. It seems almost fan(4) RR 59/57. (5) Article published in The Forum, August 1957.

A SURVEY OF RACE tastic that such a situation should have arisen in a Christian country . . . The fact, however, remains that it would be contrary to his duty for any clergyman to refuse his ministry of Word and Sacrament to any bona fide worshipper presenting himself to him. And we are bound to say so". A week later, the following declaration was read at morning Mass in all the Roman Catholic churches in the Union: "The Catholic Bishops . . . solemnly declare, firstly, that no other authority than the hierarchy has competence to decide on the admittance of persons to Catholic places of worship; and, secondly, that Catholic churches must, and shall, remain open to all without regard to their racial origin. In consequence, the Bishops inform their clergy and flock that there is no restriction on attendance at any Catholic church and that they, the Bishops, take full responsibility for admissions to Catholic churches." The Synod of the Transvaal Nederduitse Gereformeerde Kerk happened to be in session just after the delegation from the Federal Council saw the Minister. It registered its approval of the eightpoint statement quoted above, as being in accord with the policy of the Church in the Transvaal, and also "because these principles are based on the Word of God". It also thanked members of the delegation and approved of their action after the interview with the Minister. (This appears to mean that it approved of their decision to publish only four of the points). There has certainly been some unease within the ranks of the Nederduitse Gereformeerde Kerk. The Federal Mission Council, at its annual meeting in August, discussed means of closer contact between the races over church matters, and also talked of creating more opportunities for Black and White to worship together on occasions. These matters were referred to the executive committee for more definite guidance('). The Council accepted an invitation to send two fraternal delegates to an international meeting of missionaries to be held at Achimota College in Ghana during December. To give but two more examples, Dr. A. S. Geyser, Professor of Christian Ethics and Theology at the University of Pretoria, wrote to the Afrikaans newspaper, the Vaderland, which had earlier made an appeal for a new approach to the 'church and apartheid issue', and had suggested that the Prime Minister should personally intervene. "The church must seriously reconsider whether it will allow the re- erection of barriers that have been broken down by Christ", Dr. Geyser wrote ". . . I support your appeal and thank you for it, so that a situation that is embarrassing to the church can be brought to an end"('). (6) Press reports, e.g. Star of 29 August 1957. (7) Extracts from the letter were republished in the Star of 24 July 1957.

RELATIONS: 1956-57 25 When delivering the annual Peter Ainslie Memorial Lecture at Rhodes University on 10 September, Dr. Ben Marais, professor of theology at Pretoria University, said that any thought of excluding any person from worshipping in any Christian church on grounds of race or colour could never be justified. Any honest person would have to admit that for most Whites the separate church system in South Africa was at the present time based on an unwillingness to worship with Non- Whites. To be Christian, the church would have to free itself from this attitude. If, after that, separate churches still existed for practical reasons, "I, for one, can see no objection to it on condition, of course, that there is natural and normal contact between the different groups of believers", Dr. Marais said. Yet, he pointed out, the utmost vigilance and searching of conscience would be necessary, for separation on the lines indicated might have the effect, not of bridging or overcoming prejudices, but of giving these prejudices permanence('). Various Dutch Reformed Church communities, who conduct services for African domestic servants in garages or other buildings in 'White' areas, have been perturbed about their position in terms of the new Act. EFFECT OF THE NATIVE LAWS AMENDMENT ACT ON SCHOOLS, HOSPITALS, CLUBS OR SIMILAR INSTITUTIONS The first draft of the Bill In terms of the first draft of the Native Laws Amendment Bill, schools, hospitals, clubs or other institutions or places of entertainment were in the same position as the churches were originally; that is, the permission of the Minister of Native Affairs and the local authority had to be obtained before they could be conducted in a 'White' part of a town if they had come into existence since the beginning of 1938, and if any Africans were admitted to their premises; and similar permission had to be obtained before any meeting, assembly or gathering attended by an African could be held on their premises in urban areas outside African residential areas. The amended draft, which became law At the same time as he amended the 'Church clause', the Minister tabled a revised draft of other clauses, which became law. New sub-sections 7(c) and (d) were added to Section nine of the Natives (Urban Areas) Act, relating to schools, hospitals, clubs or similar institutions. (It will be noted that the words 'similar institutions' were substituted for 'other institutions'. Presumably night-schools, clinics, dispensaries and other institutions similar to schools, hospitals or clubs will be affected by sub-sections 7(c) and (d) if they admit any Africans. Counsel's (s) Star report, 11 September 1957,

26 ASURVEYOFRACE opinion is that inter-racial organizations such as the Institute of Race Relations, Joint Councils and so on will not be affected, and thus may continue to meet with Africans on their own premises or elsewhere unless prohibited from doing so under sub-section 7 (f), dealt with below. But, although questioned on this point in Parliament, the Minister did not clarify the matter. He did say(') that, in his opinion, it was necessary to prevent the further establishment of inter-racial clubs. The position of schools, hospitals, clubs and similar institutions which operate in the 'White' part of a town, and which admit any Africans (other than employees) is as follows, in terms of the new Act: 1. If they were established in their present premises before 1938 they do not require permission to continue to operate unless the number of Africans admitted to or attending these premises (other than employees) has increased since 1938, in which case the exemption falls away. 2. In all other cases, the approval of the Minister, given with the concurrence of the local authority concerned, is necessary before they may continue to operate. The Minister may impose such conditions as he deems fit. He accepted an amendment to the effect that this provision will not apply with reference to the admission of an African to any hospital in an emergency. 3. Membership of clubs and similar institutions will not be affected("). 4. However, if the local authority concurs, the Minister may direct that no African (other than an employee) shall be admitted to the institution, if he considers that the Africans attending are causing a nuisance, or that it is undesirable that they should be present in the numbers in which they ordinarily attend. (It should be noted that such orders can be issued irrespective of the date of establishment of the institution). 5. The Minister may make a similar order without consulting the local authority if he considers that the institution is being conducted in a manner prejudicial to the public interest. 6. It would appear that the Minister cannot prohibit Africans from attending business meetings, concerned exclusively with the management of an institution - provided, of course, that the institution concerned is authorised to continue to operate. 7. The test as to whether Africans are causing a nuisance, or whether their presence is undesirable, or whether the institution is being conducted in a manner prejudicial to the public (9) Assembly, 21 March 1957. Hansard 9, col. 3238. (11) Assurance given by the Minister of Native Affairs, Assembly, 21 March 1957, Hansard 9, col. 3230.

RELATIONS: 1956-57 27 interest, is a purely subjective one, the Minister's opinion being decisive. 8. Any person who conducts, as well as any African who attends, a school, hospital, club or similar institution in contravention of a direction issued by the Minister, will be guilty of an offence. The penalties laid down in Section forty-four of the Natives (Urban Areas) Consolidation Act, as described above(1), will apply. EFFECT OF THE NATIVE LAWS AMENDMENT ACT ON PLACES OF ENTERTAINMENT A new sub-section 7(e) provides that, if the local authority concerned concurs, the Minister may direct that no Africans (other than employees) shall attend any place of entertainment on premises situated within an urban area outside an African residential area, if in his opinion their presence on the premises or in areas they traverse to get there is causing a nuisance, or if it is undesirable, having regard to the situation of the premises, that they should be present in the numbers in which they ordinarily attend. EFFECT OF THE GROUP AREAS AMENDMENT ACT ON CLUBS, PLACES OF ENTERTAINMENT, AND PLACES WHERE REFRESHMENTS ARE SERVED Before describing further provisions of the Native Laws Amendment Act, it is convenient to deal with related sections of the Group Areas Amendment Act, Act 57 of 1957. The principal Group Areas Act did not contain a definition of "occupation". When introducing the Group Areas Amendment Bill on 3 June 1957, the Minister of the Interior said(2) the Government had accepted that the word would be interpreted in its popular sense - by which he meant mere physical presence. It was so interpreted, he said, in cases which were tried by the Transvaal and Cape courts. Difficulty had arisen, however, as a result of a judgment by the Eastern Districts Local Division. The case to which he referred dealt with whether attendance at a cinema constituted occupation in terms of the Act. The judge was of the opinion(") that the patrons were not occupying the premises within the meaning and scope of the Act, for they were not habitually present, or physically present for a period of time. The Minister of the Interior said(4) he considered it was necessary for him to have power to prevent the conducting, in a White area, of a restaurant for Africans, of a cinema catering for Non-Whites, of a club run by Indians. (11) See page 20. (12) Assembly, Hansard 19, cols. 7072/73. (1) col. 7322. (1") cols. 7075, 7332.

28 ASURVEYOFRACE Clause l(g) of the amending Bill as originally drafted provided, in consequence, that the Governor-General might declare by proclamation that, subject to such exemptions as he might specify, any provision of the Group Areas Act relating to the occupation of land or premises would apply with reference to any person who at any time was present there, under specified circumstances or for specified purposes. Copies of any such proclamations would be tabled in Parliament. Should both Houses disapprove of such a proclamation it would cease to be of force, but any action taken in terms of it to that date would remain valid. Opposition speakers pointed out(5) that the Minister of the Interior was seeking even greater powers than the Minister of Native Affairs had demanded in terms of the Native Laws Amendment Bill. He wanted power to declare that in certain circumstances, specified by him in his sole discretion, the mere presence on land or in premises of any person, at any time, constituted occupation for the purpose of the Group Areas Act, and was illegal. The Minister subsequently moved an amendment, which became law, to the effect that the Governor-General might declare by proclamation that, subject to such exceptions as he might specify, any provision of the Group Areas Act relating to the occupation of land or premises would apply also with reference to any person who at any time was present on land or in premises in the area concerned: (a) for a substantial period of time; or (b) for the purpose of attending any place of public entertainment or partaking of any refreshment at a place where refreshments are served; or (c) as a member of or guest in any club; as if his presence constituted occupation of such land or premises. Members of the Opposition considered(16) that this revised draft effected little improvement; but at least the Minister's intentions had been somewhat clarified. The phrase "for a substantial period of time" was still vague, however; it might well be deemed to cover employment. Furthermore, all social contacts which now existed, not only between Europeans and Africans (which were now controlled by the Minister of Native Affairs), but also between Europeans and Coloured people, Coloured and Indians, Indians and Europeans, were now to be at the mercy of the whims of the Minister of the Interior. It was a criminal offence to be found guilty of being in unlawful occupation, and penalties were more severe than those laid down for offences in terms of the Natives (Urban Areas) Act: they were a fine not exceeding £200, or imprisonment for a period of up to two years. (15) cols. 7030/31. (16) cols. 7572. 7575, 7364/69.

RELATIONS: 1956-57 29 The Bill provided that copies of proclamations issued in terms of this and certain other sections of the Act must be laid on the Tables of both Houses; but, the Opposition pointed out, it was useless inserting a safeguard unless the necessary machinery was provided to make use of it. These proclamations could be discussed only if the Government itself provided an opportunity, or on a private member's motion; but it was extremely difficult for a private member to get any place on the Order Paper. Proclamation No. 333 of 1 November 1957 brought provisions (b) and (c), above, into force. That is, it is now illegal, in a group area or controlled area, for persons belonging to a disqualified racial group to attend a public cinema, or to partake of refreshments in a licenced restaurant, refreshment or tea room or eating house, or to visit any club, except under permit. POSSIBLE PROHIBITION OF MEETINGS TO BE ATTENDED BY AFRICANS We return, now, to the Native Laws Amendment Act. This inserted new sub- sections 7(f) and (g) to Section nine of the Natives (Urban Areas) Act, providing that if in the Minister's opinion the holding of any meeting, assembly or gathering (including a social function) to be attended by an African, and to be held in an urban area outside an African residential area, is likely to cause a nuisance or is undesirable having regard to the situation of the premises or the numbers of Africans likely to attend, he may, in certain circumstances: (i) by notice in the Gazette prohibit the holding of such a meeting within the urban area generally, or within a specified portion of it, or within specified premises or classes of premises; (ii) by notice in the Gazette, or by notice in writing addressed to the person concerned, prohibit any person from holding, organizing or arranging any such meeting, assembly or gathering. No such notice may be issued, however, unless the Minister has in writing advised the urban local authority concerned of his intention to issue it, and has invited the local authority to inform him within a specified period whether or not it has any objection. If the local authority does object, the Minister is powerless to act.' Anyone who holds or arranges a meeting in contravention of a prohibition order, and any African who attends a prohibited meeting, will be guilty of an offence. The penalties laid down in Section forty-four of the Natives (Urban Areas) Consolidation Act will apply(7) (unless the person who convenes a prohibited meeting is deemed to have done so by way of protest against any law, when the penalties specified in the Criminal Law Amendment Act might apply). (1t) See page 20.

30 A SURVEY OF RACE In Counsel's opinion, the formalities with which the Minister must comply are more consonant with the idea of general prohibitions than with the prohibition of specific meetings. Furthermore, the nature of the organizing body does not appear to be relevant. The Minister's powers may not extend to the prohibition of all meetings to be attended by Africans organized, say, by the Liberal Party or the Institute of Race Relations (if these are found not to be "similar" organizations). The Minister could, however, prohibit all meetings to be attended by Africans organized by these bodies on their own premises, or could prohibit all such meetings in the urban areas (or portions thereof) in which these bodies operate. Two points should be noted. Firstly, all meetings, whether of a business or a social nature, held by such organizations on their own premises, or held in specified urban areas or portions thereof, can be prohibited. Secondly, African employees are not specifically excluded in sub-sections (f) and (g): the Minister presumably could, therefore, prevent even the African employees of an inter- racial body from attending business or social meetings organized by it on its own premises or in specified urban areas. The Minister said in Parliament(8) that his aim was to prevent troublesome or unnecessary mixed gatherings in towns. If he had wanted to forbid Africans from being members of certain bodies, or had wanted to apply universal control over mixed gatherings, he could not have done it in an Urban Areas Act, for people who fell under prohibition orders need only go outside the town to be able to meet with whomever they wished. Except if the Minister decides to prohibit the admission of Africans to a school, hospital, club or similar institution on the ground that the institution is being conducted in a manner prejudicial to the public interest, he must, in all cases, obtain the concurrence of the local authority before issuing prohibition orders in terms of thenew Clause 29(c). He said in Parliament(" ) that the local authority would be the one to judge: it must protect the interests of its community against any contravention of the policy of segregation. The Minister would be concerned to ensure that the decision by the local authority was not unreasonable. Opposition speakers pointed out(") that the necessity for obtaining the local authority's concurrence provided no safeguard for inter-racial organizations. During 1955, for instance, the Minister had prevented Johannesburg Municipality from making use of an African housing loan of £3-million offered by certain mining groups until the City Council agreed to carry out the "Sky Locations" Act in the way the Minister wished. Local authorities could be subjected to a number of pressures. The Minister him(18) Assembly, 21 March 1957, Hansard 9, col. 3230. (19) col. 3227. (20) e.g. cols. 3276/77.

RELATIONS: 1956-57 31 self had said(1) during the debate that "the local authority system is a means of executive organization to apply the policy of the country in regard to Native Affairs". It should be noted that, unless further action is taken by the Minister, inter-racial meetings can still be held without breaking the law. REACTIONS BY VOLUNTARY ORGANIZATIONS The S.A. Institute of Race Relations The Institute of Race Relations sent a statement to Members of Parliament and to the Press when the first draft of the Bill was received(2), maintaining that to make the Minister's permission and the acceptance of his arbitrary conditions essential for religious, welfare, educational and cultural contacts and work on an interracial basis, was to cut away the very foundations of religious and civil liberty in South Africa. Inherent in the Bill was the extreme danger that civil servants would become the only means of communication between the races. There were already too few bridges between groups. To destroy or undermine those that existed would be to destroy that mutual understanding and tolerance which people of all races had patiently sought to build up over the years. The very existence of the proposed legislation would most certainly discourage the voluntary promotion of new welfare and other work. Later, after the amended version of the Bill had been made public, the Institute issued another statement(3) in which it said that the amendments constituted merely a strategic withdrawal, and not an alteration in principle. Already the Department of Native Affairs was issuing directives to restrict the participation of Europeans in African welfare work. This, together with other legislation, would mean widening the gulf between the racial groups at a time when the maintenance of every bridge of contact was essential if South Africa was not to slip into a chaotic condition of mutual antagonism. On 6th April the President and Director of the Institute of Race Relations issued a further statement in which they said: "We deny the right of any government or any one man to assume the powers of dictatorship over the lives of citizens, European and African, which this Bill contains. No one man has the wisdom, knowledge and experience to exercise the powers given under this Bill. "We assert the right - a right acknowledged in any civilized democratic country - of any organization of loyal and thinking citizens to seek together solutions to the national problems of our country. (21) col. 3224. (22) RR 43/1957. (23) RR 59/1957.

32 ASURVEYOFRACE "We believe that, if this right is denied, as in effect it is denied in this Bill and other legislation, the future of South Africa will be one of entrenched dictatorship". The decision of the Executive Committee in July, that the Institute of Race Relations should continue exactly as before to do the work it has always done for better race relations, without being deterred by vague threats or undefined dangers, is mentioned in an earlier chapter of this Survey. During April the Institute published a booklet entitled The Native Laws Amendment Bill: Its Effects on Religious and Other Freedoms, which contained a full analysis of the Bill and commentaries on it. The Liberal Party The National Committee of the Liberal Party, at its meeting in April, passed a resolution stating that inter-racial association was a cardinal principle of a democratic multi-racial society, and was fundamental to the operation of the Liberal Party. The party, therefore, stated its complete opposition to the Bill. It recognized that there were members of the party who, on grounds of conscience, would be unable to obey this law. National Union of S.A. Students (NUSAS) At the NUSAS conference held in July, it was accepted that the very existence of this organization depended on the holding of inter-racial meetings. The following resolution was passed: "NUSAS cannot concede to the Government the right to ban multi-racial gatherings, and it affirms that it will in no way seek the permission of the Minister to carry out its activities, nor will it curtail its work in deference to the Minister's threats". It was decided that if the Minister should ban any meeting of this organization, NUSAS leaders would ignore the ban, convene the meeting, and take the consequences. The S.A. Temperance Alliance The S.A. Temperance Alliance chose this time to alter its constitution, providing that no provincial alliance should have the right to debar from personal membership any person, or from affiliation any organization, on grounds of race or colour. The National Council of Women of S.A. On 1 March the National President of the National Council of Women of S.A. wrote to the Prime Minister, urging him to secure the withdrawal of the Bill or the amendment of its terms so that all clauses restricting freedom of association would be eliminated. She pointed out that for the National Council of Women to pursue

RELATIONS: 1956-57 33 its work, particularly in the field of social welfare, it was essential for representatives of all sections of the community to meet regularly. Attention was drawn to the fact that if such meetings were made impossible, the NCW would have to withdraw from the International Council of Women, which body was pledged to promoting the welfare of humanity regardless of colour, race or creed. WeIfare Organizations The South African Red Cross Society was similarly perturbed, in that its constitution forbids it to operate on a colour-bar basis. Any compromise on this issue would seriously endanger its affiliation with the International Red Cross, through which it has done some of its most valuable work - for instance the care of South African prisoners of war. Many other welfare and other organizations were deeply concerned. Whites and Africans serve together on the central committees of some of these, while other national organizations have separate mixed committees to deal with the Non- White side of their work. The position of these bodies is dealt with below. Protest meetings The Cape Western Committees or Branches of the Institute of Race Relations, the Civil Rights League, the Black Sash and the National Council of Women have convened a series of protest meetings in Cape Town. Those attending a public meeting held on 8 April pledged themselves to oppose the passing of the Bill and its implementation if passed. Then, on 4 May, a meeting of local representatives of 22 organizations was arranged: each explained how it would be affected by the Bill. The following resolution was passed: "The Native Laws Amendment Bill leaves a large number of organizations, to the very existence of which multi-racial association is fundamental, with the alternatives either of continuing to function or of ceasing to exist. As each of these organizations represented at this conference is fulfilling a vital function in the community, there can be no question of any one of them permitting itself to die". It was agreed: (a) that all the 22 organizations would continue to function as before; (b) that each and every one of them would lend its full support to any organization singled out for attack by the Government under the Bill. Where appropriate, these resolutions were forwarded to the national bodies. RRB

34 A SURVEY OF RACE This meeting was followed by a spectacular protest march from the foreshore area to the Gardens, near the Houses of Parliament, on 20 May. More than 3,000 people of all racial groups and walks of life marched in silence, six abreast, to the tolling of bells. They then formed themselves into a vast semi-circle and pledged themselves to uphold the principles of freedom of worship, of association and of speech. They solemnly declared that they would work for better relationships between all the peoples of South Africa, irrespective of colour or race; and that they would use every reasonable means to secure the repeal of all legislation which fetters freedom and hampers inter-racial contact and consultation. The Civil Rights Committee in Johannesburg, assisted by the Black Sash, arranged a series of four lunch-hour public protest meetings on the City Hall steps during April. Pamphlets issued by this Committee entitled "Verwoerd Must Go" were distributed. On the following Saturday a bell tolled all morning from the City Hall steps, where a Black Sash demonstration was held, the theme being John Donne's words: "Never send to know for whom the bell tolls. It tolls for thee". About a thousand people attended a meeting called by the Mayor of Pietermaritzburg in March at the request of 38 lay churchmen, to protest against the religious restrictions of the Bill. A further public meeting was held in May to protest against the Bill in general: a unanimous motion was passed urging the Pietermaritzburg City Council to refuse to co-operate with the Minister of Native Affairs in preventing inter-racial church services or meetings. At a public protest meeting held in Durban during April, a Citizens' Committee was elected, which arranged a private conference of churches, welfare organizations and other bodies likely to be affected by the Bill. This conference took place during July. The representatives of 59 organizations who attended it created a Council for the Defence of Freedom of Association with a Standing Committee and Finance and Legal Sub-Committees. Joint action for mutual support was pledged. A representative delegation was appointed to seek an interview with the Durban City Council. Members of the Institute of Race Relations did much of the organizational work for these conferences. In Port Elizabeth the National Council of Women in association with the Institute of Race Relations and the Black Sash called an exploratory conference of organizations likely to be affected, which was held in June. A continuation committee was appointed. During April, the Joint Council of Europeans and Africans of Grahamstown arranged a public meeting to discuss the Bill. The police attended, took names and notes, and interviewed several of those present.

RELATIONS: 1956-57 35 OPINIONS OF CERTAIN LEADERS OF AFRIKAANS THOUGHT At the time when this legislation was being debated in South Africa, Ghana became a sovereign state. The Prime Minister said in the Assembly(4) that, although no over-hasty action should be taken, in the ordinary course of events, as the Non-White countries in Africa developed, there would have to be contact with their governments, leading eventually to diplomatic relations. The Minister of External Affairs, while on a visit to Paris, said(") there was no doubt that at some time in the future an ambassador would be sent from Ghana to South Africa. This gave rise to a letter by 'a prominent Afrikaner' which was published in the Burger and associated newspapers("). The social colour bar would have to be made more flexible, he said. If permanent contact with Ghana - and other emergent Black States - was to be achieved, then Black people would have to be made to feel at home in the Union - and without any colour bar. If exceptions were made of civilized Non-Europeans from outside, South Africans would have to be prepared to do the same in certain cases and in certain directions in so far as their own Non-Europeans were concerned. He was pleading for a policy of necessary exceptions, the writer continued; as a complete breakdown of social segregation between the races would cause chaos. In specified, necessary cases, transgression of the everyday colour bar - in cafds, hotels, cinemas - would have to be accepted as natural by all Whites. If a Non- White professor travelled through the country and there was no decent alternative accommodation, he would have to be given a room in the town hotel. In an interview with a Star feature-writer(7), Professor L. J. du Plessis, head of the Department of Law at Potchefstroom University and a leading member of the Gereformeerde (Dopper) Church, is reported to have said that in some way or other the Government or other interested bodies would have to make provision for the accommodation of foreign as well as South African Non-White 'V.I.Ps', and for a common meeting ground where White and Non-White could consult with one another. The only solution he could see was the establishment of multi-racial clubs in every major city and town. A series of letters from correspondents was then published in the Burger and its associates. While they all approached the subject cautiously, only a few dissentient voices were raised against the proposition that the social colour bar would have to become more flexible. It was emphasized that the problem could not be settled by legislation, but was a matter that the people themselves must work out in their own way. (24) 2 May 1957, Hansard 14. cols. 5219120. (2-) Press reports, e.g. Rand Daily Mail, 12 July 1957. (26) Also republished in the Star, 22 July 1957. (27) Star, 26 July 1957. A SURVEY OF RACE PRACTICAL EFFECTS OF THE NATIVE LAWS AMENDMENT ACT TO THE DATE OF WRITING(28) In reply to a question in the Assembly as to whether schools, hospitals, clubs or similar institutions admitting Africans and operating in the 'White' parts of towns could continue so to operate, the Minister of Native Affairs said(29), "applications should be submitted immediately, when arrangements for temporary permission will be made pending the final decision of the local authority and the Minister". Unsure of its position, the Durban International Club closed for a time by decision of its Executive Committee. Various national welfare organizations that have Africans on their central committees, and which meet in the 'White' parts of towns, wrote to the Minister asking how they would be affected. The Minister's private secretary replied in each case that the Minister was satisfied that the relevant clause gave sufficient protection to such national welfare organizations. The deduction was that mixed committee meetings could continue as long as, in the opinion of the Minister and the local authority, Africans did not attend in large numbers or create a 'nuisance'. Committees conducting clubs, or conducting projects in African residential areas, fall into a different category, however. POSITION OF WELFARE ORGANIZATIONS CONDUCTING PROJECTS IN AFRICAN RESIDENTIAL AREAS On 11 April 1957 a circular, No. 1176/313, was sent by the Native Affairs Department to local authorities and to all welfare organizations that conduct projects in African residential areas. It read : "It is the policy of the Department that Natives should, in cases where these services are not provided by the urban local authority itself, be encouraged to initiate, conduct and control their own social, social welfare and recreational services. "The provision and control of such services by a body of Europeans or a joint or mixed committee of Europeans and Non-Europeans is contrary to policy and cannot be approved. "Any Europeans interested in assisting Natives in this respect could operate as a separate advisory committee, but the activities should be conducted by, and the site and/or buildings concerned leased to, a committee consisting entirely of members of the Native group. "The Department, however, has no objection to European officials of the State or the urban local authority, or European (28) 30 September 1957. (29) 18 June 1957. Hansard 21, cols. 8362/63.

RELATIONS: 1956-57 37 nominees of the local authority who are Councillors, being co-opted by the Native committee in an advisory capacity, where necessary... "There could, of course, be no objection to a European committee operating separately and voluntarily with the object of raising funds for handing over to the Native Association, and there could, of course, also be no objection to the Native Association obtaining advice and guidance in the management of its affairs from such a committee . . " It was suggested in the circular that all payments by the Native committees should be by cheques, countersigned by a responsible European official of the local authority. The constitutions of the organizations should provide for the proper auditing of accounts: draft constitutions of Native associations set up in terms of the new policy should be submitted to the Department for consideration, together with applications for the use of sites or buildings. A copy of the constitution of the Galeshewe Social Centre Association in Kimberley was attached to the circular "for the guidance of all parties concerned". This circular caused much perturbation amongst welfare organizations. Some of them approached the Departmental liaison officer requesting that they be allowed a period of a number of years to train African committees to carry on the work. The concept of welfare work as carried out in Western society was a comparatively new one to Africans, they said. Contributions from Europeans to such work would dry up, they felt, if contact between the Europeans and Africans was prevented. Some of the passages in the constitution of the Galeshewe Social Centre Association caused much disquiet, too, for instance, "No person shall be entitled to membership in the Association or to hold any office therein if disapproved by the Kimberley City Council", and, especially, "The receipt books and bank deposit slips shall be submitted to the Auditors monthly . . . All cheques shall be .... countersigned by the Auditor". Welfare organizations pointed out to the Departmental liaison officer that African committees, responsible for raising most of their own funds, could not possibly afford to employ auditors to do such detailed work. In a Departmental letter, in reply, it was said that by 'competent auditor' was meant any sufficiently competent and intelligent person of recognized standing, whether White or Non- White. One small concession was made, so far not confirmed in an official circular, to the effect that voluntary European bodies and individuals, as well as officials, might serve in an ad hoc advisory capacity on the African committees. The Department apparently intends that all welfare organizations concerned in any way with work in African areas should

38 ASURVEYOFRACE renew their registration with the National Welfare Organizations Board: this would involve amending their constitutions to comply with the new policy. No official instruction to this effect had, at the time of writing, been issued; but new organizations will, of course, be immediately affected. The whole matter is to be discussed in detail at a meeting of the National Welfare Organizations Board in October 1957. Section forty-nine (a) of the Native Laws Amendment Act enabled the Minister to force welfare organizations to comply with his policy. Previously, any person or body had been able to acquire a limited interest in land in a location or African village for public, mission, educational, recreation, trading or industrial purposes provided that the local authority and the Minister were agreeable("); but the 1957 Amendment Act empowered the Minister to impose such conditions as he may deem fit. THE POPULATION, AND MEASURES FOR ITS REGISTRATION AND CONTROL THE SIZE OF THE POPULATION The Bureau of Census and Statistics estimates that the midyear population in 1957 of the Union, the Provinces and some of the largest towns was as follows: SOUTH AFRICA Whites Coloured Asians Africans Total Union ...... 2,957,000 1,319,000 431,000 9,460,000 14,167,000 PROVINCES Cape ...... 1,011,000 1,169,000 20,000 2,683,000 4,883,000 Natal ...... 318,000 41,000 353,000 1,935,000 2,647,000 Transvaal ...... 1,370,000 94,000 58,000 3,931,000 5,453,000 Orange Free State 258,000 15,000 911,000 1,184,000 MAJOR TOWNS Johannesburg ...... 393,300 46,600 28,700 561,600 1,030,200 Cape Town ...... 280,800 351,100 9,500 67,800 709,200 Durban ...... 177,000 24,900 214,400 196,500 612,800 Pretoria ...... 176,000 7,600 7,200 144,500 335,300 Port Elizabeth ... 95,200 52,300 5,200 86,900 239,600 Germiston ...... 95,000 3,100 2,700 112,400 213,200 Vereeniging/Vanderbijl Park ...... 59,500 1,300 1,300 138,900 201,000 Bloemfontein ...... 62,400 5,700 73,500 141,600 Benoni ...... 44,800 5,000 2,200 87,300 139,300 Springs ...... 39,200 1,400 1,300 87,600 129,500 East London...... 48,700 6,800 1,900 48,700 106,100 Pietermaritzburg ... 37,600 3,800 21,200 25,600 88,200 Kimberley ...... 22,300 17,200 1,300 28,700 69,500 the Native (Urban Areas) Consolidation Act. (30) Section forty-two Wf of

RELATIONS: 1956-57 39 RELIGIONS The most recent figures showing the religions of the people are for the census year 1951 in respect of Whites, and for 1946 in respect of the other population groups. They are as follows('): Whites Coloured Asians Africans Nederduitse Gereformeerde Kerk ...... 42.0 30.7 - 3.2 Other Dutch Reformed Churches ...... 11.2 0.8 - 0.2 Catholic ...... 5.3 6.0 1.8 4.8 Anglican ...... 15.8 20.0 1.0 7.1 Non-Conformist Protestant (English Speaking) ...... 20.1 33.5 3.1 28.0 Other Non-Conformist Christian ...... 0.3 - - Native Separatist Churches ... - 0.3 - 9.6 Jewish ...... 4.1 - - Hindu ...... - 0.1 62.8 Moslem ...... - 4.7 21.5 0.1 Confucian, Buddhist or Parsee - - 0.9 Spritualist, Free Thinker, etc ...... 0.1 - - Heathen ...... - - - 44.2 Other, not stated, unknown, etc ...... 1.1 3.9 8.9 2.8 PROGRESS OF POPULATION REGISTRATION The registration of Africans is dealt with by the Native Affairs Department, separate machinery from that for the other population groups being employed, and separate statistics being issued. This whole matter is dealt with in the next chapter of this Survey. So far as Europeans, Asians and Coloured people are concerned, everyone already has an identity number given at the time of the last census or subsequently in the case of immigrants and children born since the census. Judging by the population figures quoted above there are some 4,707,000 persons involved. Information about the progress of population registration has been given at various times by the Minister of the Interior('). The names of about 90 per cent. of the people have now been listed on the population register, he said. Because of all the births, marriages, deaths, divorces, immigrants, emigrants, naturalizations, and other factors necessitating alterations, it has, so far, proved impossible to bring the register up to date. In determining the racial groups of individuals aged sixteen years and over for entry on the population register, data furnished at the time of the last census is checked against that (1) Summarized from U.G. 6211954. (2) Assembly, 22 March 1957, Hansard 9, cols. 3313/14, 3319; 20 May 1957. Hansard 17, col. 6359; Senate, 15 February 1957, Hansard 4. col. 824.

40 ASURVEYOFRACE subsequently supplied by members of the public, who have been required to complete official forms giving personal details and to submit two copies of recent photographs (Not everyone has done so). Frequent discrepancies are found; and, furthermore, numbers of people applying for birth certificates have challenged the racial groups reflected on these. In an endeavour to clarify matters, officials of the Bureau of Census and Statistics toured the country interviewing Coloured people. The Minister of the Interior said that, up to about May, 1957, some 100,000 'border-line' or doubtful cases had been encountered, of which 25,479 had been dealt with. The Director of the Bureau had handled 305 especially difficult cases, and in 266 of these had revised the classification to which the persons concerned had objected. The remaining 39 cases would go to appeal. Persons who are dissatisfied with the ruling given by officials may appeal, first, to the special board set up for the purpose. So far, the Minister said, appeals had been lodged by 19 persons classified as Coloured, 42 classified as Asians, and 1,250 classified as Africans. Of the 411 appeals heard, 375 had been upheld. There had been eight appeals to the Supreme Court, he added, from decisions made by the Board. Seven of these had been decided in favour of the applicants, while the eighth case was pending. Very slow progress is being made with the issuing of identity cards. So far, of about 2,830,000 persons aged sixteen years and over, 102,764 Whites, 4,682 Coloured persons and 878 Asians have received their cards, the Minister said. He made a significant remark(3): "The question of the issuing of identity cards . . . is not necessarily part of a population registration system". Great difficulties have been encountered by the Interdepartmental Committee appointed to investigate and to advise the Government on the practicability or otherwise of a uniform system of racial classification for the purposes of all laws and provincial ordinances, and no finality has been reached. In classifications under the Group Areas Act, for example, a woman takes the race of her husband in order that she may live in his group area. A Coloured woman married to an Indian would become Indian in terms of this Act; but would remain Coloured on the population register. Should her husband die, or should they be divorced, she could then return to live in a Coloured group area. Their children would be regarded as Indian while they lived in the Indian group area; but, on reaching the age of sixteen, they could apply to be registered as Coloured if their habits, friends and manner of living were those of the Coloured group. (3) Senate, 16 May 1957, Hnsard 13., o s. 4276177.

RELATIONS: 1956-57 41 The legal line of demarcation between Coloured people and Africans is even more indefinite. The great variety in the definitions of Coloured people contained in different laws was described in the Survey of Race Relations for 1954/1955 (pp. 33/35). THE 'TREASON TRIALS' The Background There has, for years, been mounting unrest among considerable sections of the Non-White communities. The 'Campaign of Defiance of Unjust Laws' was described in earlier Surveys(4). This campaign was called off after the riots which took place in Port Elizabeth, Johannesburg, East London and Kimberley towards the end of 1952, its leaders realizing that, although there was no direct connection between the rioting and the Defiance Campaign, it would, for the time being, be highly unwise to arrange further organized demonstrations in the areas concerned. Instead, they planned to attempt to place opposition to laws deemed unjust on a non-racial basis, and to that end enlisted the support of White sympathisers. They agreed to keep June 26, the anniversary of the launching of the campaign, as a day of commemoration of the sacrifices made by those who courted arrest for participation in organized contraventions of apartheid regulations, and as a day of dedication to the cause of freedom. During March, 1954, representatives of the bodies comprising the Congress group met to discuss the organization of a Congress of the People, which would be called to work out a 'Freedom Charter'. The drafting of this Charter, its terms, and its adoption by about 3,000 accredited delegates at a meeting in Kliptown, Johannesburg, on 26 June, 1955, were described in previous Surveys('). During 1956 the Federation of S.A. Women, an organization associated with the Congress movement, organized demonstrations against 'passes for women'('). The Government's reactions, too, have been described(7). The Public Safety and Criminal Law Amendment Acts were passed in 1953; restrictions under the Suppression of Communism and Riotous Assemblies Acts were placed on the freedom of movement and association of many of the leaders of the Congress group; members of the Special Branch of the Criminal Investigation Department attended meetings called by Non-White or interracial organizations, taking notes and photographs and in some cases taking down the names and addresses of all those present. Then, during September 1955, large numbers of detectives carried out raids on the offices of the Congress and other organiza(4) Survey of Race Relations, 1951/52, page 11 et seq.; 1952/53, page 27 et seq. (s) Survey of Race Relations, 1953/54, page 11 et seq.; 1954/55, page 5 et seq. (6) Survey of Race Relations, 1955/56, page 86; 1953/54, page 13. (7) Survey of Race Relations, 1952/53, page 34 et seq.; 1953/54, page 13 et seq; 1954/55, page 40 et seq; 1955156, page 38 et seq,

42 ASURVEYOFRACE tions, and on the homes of many individual people, in most of the larger towns of the Union, bearing warrants authorizing them to search for evidence 'as to the commission of the offence of treason or sedition', and to seize any books, typewriters, or documents which might afford such evidence. Besides this, the Government introduced the Criminal Procedure and Evidence Amendment Act of 1955, providing for additional grounds for the issuing of search warrants, and providing, too, that in any circumstances in which a search warrant might be obtainable, any policeman (and not only those of the rank of sergeant and above, as previously) might proceed without a warrant if he considered that the delay in obtaining one would defeat its object. The Arrests Before dawn on 5 December, 1956, members of the police raided the homes of over 140 persons in towns and villages throughout the country, bearing warrants authorizing them to arrest the persons named, on charges of high treason, and to search for documents relating to 49 specified organizations. Arrests subsequently effected brought the total of accused persons to 156. They included individuals of all racial groups and walks of life; among them were Mr. L. B. Lee Warden, M.P., Natives' Representative for the Western Cape; two former members of the Cape Provincial Council; ex-Chief A. J. Luthuli, PresidentGeneral of the African National Congress; Professor Z. K. Matthews, the Acting Principal of the University College of Fort Hare; Dr. G. M. Naicker, President of the S.A. Indian Congress; Mrs. Lillian Ngoyi, President of the Federation of S.A. Women; several clergymen, medical practitioners, lawyers, journalists and teachers, and numbers of students, housewives, Congress officials, clerical workers and labourers. Several of the women were mothers of young children. Those from outlying centres were, in most cases, flown to Johannesburg in military aircraft. They were all detained in the Fort, the central prison in Johannesburg, where for the first three days, they were refused visitors other than their legal advisers. Following a petition to the courts, this ban was removed. At the commencement, the letters they wrote were passed to the Special Branch, and, in some cases, were returned to the writers with instructions that marked passages must be deleted. This was stopped by the Director of Prisons when the matter was brought to his notice. Bail was refused pending the commencement of the preparatory examination, which opened before a magistrate in the Johannesburg Drill Hall on 19 December. Proceedings were adjourned on the first day because necessary microphones and interpreters had not been provided. The hearing on the following day was very much interrupted. Firstly, all counsel for the defence threatened to walk out unless a

RELATIONS: 1956-57 43 wire cage which had been erected overnight to separate the prisoners from the public was removed. A compromise was eventually reached: at the earliest possible moment the front and sides of the cage would be taken down, leaving railings instead. After several procedural questions had been settled the Crown Prosecutor commenced to outline his case; but after an hour proceedings were adjourned because of an uproar outside. This was caused by one of several clashes between the police and the large crowds, mainly of Africans, which gathered outside the Drill Hall in the early days of the enquiry. Baton charges were ordered at various times.- On the second day a group of Africans began stoning the police, some of whom then opened fire. About twenty Africans were at various times treated in hospital for injuries; two European bystanders were reported to have received bullet wounds; and three Press photographers were arrested and their films confiscated. Some 500 especially briefed policemen, White and Non-White, then cordoned off the area. That afternoon, applications for bail were heard at the Supreme Court. The Crown asked for £ 1,000 bail for each of the Europeans and £500 each for the Non- Whites. The judge, however, fixed the figures at £250 each for Europeans, £100 for Indians and £50 for Coloured persons and Africans, subject to certain conditions, which were that the persons concerned must report to the police at a set time each week, must surrender passports and undertake not to communicate with any Crown witnesses, must not attend any meeting other than of a social, religious, educational or recreational nature, and must address no gatherings whatsoever. Exceptions to this last condition were made in the cases of Mr. Lee Warden, a Member of Parliament, and the Rev. D. C. Thompson, a Methodist minister, the latter being permitted to preach sermons provided that he gave the police a copy of his proposed sermon in advance. All the accused were that evening released on bail. Defence Fund After meetings had been called in Durban, Sophiatown and elsewhere to discuss the question of a fund to provide legal defence, a central Treason Trials Defence Fund was launched, sponsored by two ex-judges, the Archbishop of Cape Town, the Bishop of Johannesburg, the Dean of Cape Town and twenty-two other prominent citizens. This fund later received official registration under the Welfare Organizations Act. With the money raised it secured the services of advocates for the defence, guaranteed the sums necessary to enable the accused to be released on bail, and provided some assistance with the maintenance of the accused and their families. At the time of writing, however, the preparatory

44 ASURVEYOFRACE examination had dragged on for nine months, and as very few indeed of the accused had been able to continue in employment, very real hardship had been suffered. The Preparatory Examination The closing paragraph of the Crown Prosecutor's address, which paragraph was read on the first day, before the applications for bail were heard, read, "The basis of the high treason charge will be incitement and preparation for the overthrowing of the existing state by revolutionary methods involving violence - and the establishment of a so-called people's democracy on the basis of the Eastern European Communist satellite States and China". He later elaborated on this, referring to the Freedom Charter, to speeches made by some of the accused, to the Western Areas Removal Scheme and the Evaton riots. Evidence would be led, he said, to show that the accused advocated action which created unrest and hostility between White and Non-White, that there had been incitement to revolt, and that it had been suggested that assistance from outside countries would be forthcoming. The people before the court were either office- bearers or active members and supporters of organizations known as the 'national liberation movement', which planned to set up a people's democracy, and to defeat the government by extra-parliamentary action. They had called for 'freedom volunteers' who took a pledge, "I hereby agree to fight apartheid. I take the oath.I will die fighting it". One of the Defence Counsel then outlined the defence. The people before the Court, he said, did not propose merely to defend themselves against the allegations, but would assert, and in due course would ask the Court to hold, "that these prosecutions are a testing of political breezes in order to ascertain how far the originators can go in their endeavours to stifle free speech, criticism of the policies of the Government, and, in fact, all that the accused believe is implicit in their definition of the oft-misused word 'democracy'."() The defence would allege that the trial had been instituted in an attempt to silence the ideas held by the accused and the thousands whom they represented - ideas which sought equal opportunities for, and freedom of thought and expression by, all persons of all races and creeds. It would show that no attempt had ever been made by the accused to conceal their aims or the manner in which they hoped to achieve them; that at no time had they sought to bring about changes in the government by subversive or violent means; and that no assistance was sought from abroad to bring about such changes - allegations to this effect had been deduced from quotations taken out of their context, he continued. (8) As quoted in the Star, 9 January 1957.

RELATIONS: 1956-57 45 During the nine months that followed, many hundreds of documents seized by the police in various raids were placed before the court for incorporation in the record; and very many detectives, White and Non-White, in turn gave evidence about speeches made at meetings they had attended. The preliminary examination was adjourned on 11 September, until 13 January 1958, the Crown case by then being nearly at an end. ACTION UNDER THE SUPPRESSION OF COMMUNISM AND RIOTOUS ASSEMBLIES ACTS According to information given by the Minister of Justice at various times('), the Liquidator appointed in terms of the Suppression of Communism Act has 'named' 608 persons (235 Whites, 67 Coloured, 47 Asians and 259 Africans) as being officials or active supporters of organizations deemed unlawful. (So far only the Communist Party has been deemed unlawful: this was done in the Act itself). Of the 76 trade union officials 'named', 57 have been ordered to resign from their unions. Fifty-four persons have been prosecuted, all but three having been convicted, for promoting the aims of Communism as defined in the Act or for disobeying orders restricting their activities. At the time when the Minister spoke (i.e. after the commencement of the treason enquiry), ten orders issued under the Suppression of Communism or Riotous Assemblies Acts, prohibiting persons from being in specified parts of the Union and/or from attending gatherings, were in force. Three gatherings were prohibited during 1956 under the Riotous Assemblies Act. DEPORTATIONS AND REFUSAL OF VISAS OR PASSPORTS Not all cases of deportation or of the refusal of passports or visas become public knowledge; but a few examples can be quoted. Rabbi Dr. A. Ungar, head of the Jewish Reform Congregation in Port Elizabeth, had been in the Union under temporary permit, and while here had made friends among all sections of the population and had become an outspoken critic of the Government. He planned to leave the country at the end of January 1957, as he had accepted an appointment in London; but was served with a deportation order requiring him to leave a fortnight earlier than he had arranged. Mrs. M. L. Hooper, an American citizen who had been resident in Durban for some months, was during March 1957 served with a removal order and was arrested, to be detained in custody pending deportation. She was subsequently released on a (9) Assembly, 8 February 1957, Hansard 3, cols. 805/6: Senate. 20 March 1957, Hansard 9, col. 2341.

46 ASURVEYOFRACE technicality, by order of Court, and while her case was pending left the country voluntarily. Dr. George W. Carpenter, an American missionary, was refused an entry visa when in February 1957 he wished to visit the Union on behalf of the International Missionary Council in connection with the meetings of the Council to be held in Ghana during December. Visas were also refused in March to six members of the Yale University jazz- band who, after hearing from Father T. Huddleston of the Africans' interest in jazz, had planned to tour the Union, devoting the proceeds from their concerts to the furtherance of jazz in African townships. Among those who were refused passports when they applied for these (or, in some cases, re-applied after a previous refusal), were Miss Gladys Thala, an African nurse who had been elected by the African nurses of the Union to represent them at an international conference of nurses in Rome; Mr. Harry Bloom, the author of the novel Episode; Mrs. Jessie McPherson, an ex-mayor of Johannesburg and chairman of the S.A. Labour Party; Mr. Patrick Duncan, national organizer of the S.A. Liberal Party; and Mr. V. C. Berrange, one of the counsel for the defence in the 'treason trials'. COMMISSION OF ENQUIRY IN REGARD TO UNDESIRABLE PUBLICATIONS The Report of the Commission of Enquiry in regard to Undesirable Publications was published towards the end of the period under review("°). The Commission pointed to the enormous growth in many countries in the sale of publications and the production of films that emphasized crime, sex, sadism and perversion. Not a single work of literary merit among those examined was found to be undesirable: a responsible writer might deal with evil aspects of the snatch of life he described in his work, but did not drag in daring or shocking details for their own sake, portraying these as normal, and hence causing a distorted picture of life to be imprinted on the minds of the readers, especially the young ones. Although many undesirable overseas paper-bound books and comics were already banned in the Union, large numbers of such publications still circulated here. The English ones were largely imported, since it was uneconomic to produce them here, but the Afrikaans ones were locally published and there had been a very rapid growth in their circulation. On the whole, the Commission said, undesirability of the type described above manifested itself to a far greater extent in the (10) U.G. 4211957.

RELATIONS: 1956-57 47 periodicals and books intended for Europeans than in those published specially for Non-Europeans (although some Non-Whites, of course, did read the former type of publication). But, the Commission added, in most newspapers there was a high incidence of reports, articles and other contributions that tended to engender, or which might have the effect of engendering, friction between the European and Non-European population groups. Very strict measures were recommended for the control of undesirable publications, which were described in general as those that would be deemed indecent, offensive or harmful by 'the ordinary, decent, reasonable and responsible inhabitants of the Union'. The Commission then went on to particularize, however, describing as undesirable such publications as, inter alia, were blasphemous, tended to harm moral values, tended to engender friction or feelings of hostility between the various population groups, or tended to promote the spread of Communism or the further achievement of any of its aims('1). The Commission recommended the establishment of a Publications Board, with which all publishers of periodicals, magazines and newspapers, and also all booksellers, must register. No magazines should thereafter be sold in public places except in kiosks erected by local authorities or at railway bookstalls. Educational, charitable or welfare organizations publishing periodicals distributed exclusively to those among whom they endeavoured to promote their aims might be exempted from registration. So far as periodicals and magazines (but not newspapers) were concerned, the Board would have power to allow publishers to produce these freely, or to rule that they might not be distributed unless a copy of each issue had been approved by the Board, or if several editions deemed undesirable had appeared, to prohibit distribution. The setting up of a Publications Board of Appeal, the decisions of which would be final, was recommended. If a publisher failed to obey these conditions, or if an undesirable article or illustration was published, whether in a newspaper, magazine or periodical, court proceedings might be instituted against the publisher, editor, orderer, importer, printer, distributor or owner (not the author). Extremely severe penalties were suggested. The Commission also recommended what it termed 'promotive' measures for the advancement of good literature and the general education of the community. In the teaching of literature and history in schools, it considered, emphasis should be placed, not on memorization, but on the cultivation of a love for the subjects. Adult education should be accepted as an integral part of the (1) Control over publications deemed -lable to promote inter-racial hostility or the aims of Communism already exists.

48 ASURVEYOFRACE Union's educational services, an Institute for Literature being set up to co-ordinate the activities of organizations working in this field. It was strongly recommended that a separate investigation should be conducted without delay of the questions of providing good literature for the various Non-White groups, of making this readily available, and of providing guidance in connection with the selection of reading material. The Government has not yet stated its attitude to these recommendations. A Press Commission Report is still awaited which must, in part, cover the same ground. CIVIL LIBERTIES IN SOUTH AFRICA Two studies of civil liberties are being prepared for the S.A. Institute of Race Relations. Mr. Donald Molteno, Q.C., is writing a booklet on civil liberties in South Africa; and Dr. the Hon. E. H. Brookes, ex-Senator elected by Africans, is undertaking a wider, more general, analysis of the nature of civil rights and individual liberties in a multi-racial state. MATTERS AFFECTING SPECIFIC GROUPS ENGLISH-SPEAKING CITIZENS NATIONAL ANTHEM AND FLAG As from 2 May 1957, Die Stem van Suid-Afrika became the official national anthem of South Africa, to the exclusion of "God Save the Queen". The fact was achieved by a simple declaration by the Prime Minister, who said that no legislation on the matter was necessary, for, although both anthems had usually been sung on appropriate occasions in the past, South Africa had never previously had an official national anthem('). He read aloud an English translation which, he considered, captured the spirit of Die Stem. Since 1927 the Union Flag and the Union Jack have flown side-by-side from official buildings and on official occasions. Early in 1957 a private member's Bill was introduced to establish the Union Flag as the only official flag of the country. Government time was made available for the debate. Considering that this was a first step towards the introduction of a new flag, the Uflited Party did not support the measure. It became law as the Flags Amendment Act, No. 18 of 1957. During September 1957 the Minister of Justice was due to open certain new buildings in Daveyton African Township, Benoni. On hearing that the Town Council planned to fly both the Union Flag and the Union Jack during the ceremonies, he cancelled his visit. The Prime Minister is reported(') to have said that no (1) Assembly 2 May 1957, Hansard. 14 col. 5244. (2) Rand Daily Mail, 30 October 1957.

RELATIONS: 1956-57 49 Cabinet Minister, in his official capacity, would attend any function in the Union at which, unless the occasion called for it, any flag but the Union Flag was exhibited, or any anthem but the national anthem was played. The Governor- General would be advised to follow a similar line of action. COLOURED PEOPLE PARLIAMENTARY REPRESENTATION Separate Representation of Voters Repeal Bill The Separate Representation of Voters Repeal Bill was a private member's motion, introduced in the Assembly by Mr. L. Lovell, M.P., of the Labour Party, on 8 February 1957. The aim of the Bill was to restore the rights of the Coloured people of the Cape to vote upon the common roll in the election of members of the Assembly and Cape Provincial Council. The fact that the Supreme Court had dismissed the application for an order declaring the relevant legislation to be invalid provided no good reason, Mr. Lovell said('), for ceasing to advocate a sound and humane policy. The Bill provided Parliament with the opportunity to right a great wrong. In previous debates the matter of the Coloured vote had been inextricably tangled in the question of the entrenched clauses, and members of the House had never had a real opportunity of voting upon the crisp question, "Do you want the Coloureds upon the common roll, or do you not?" The Minister of the Interior said(4) that the Coloured vote on the common roll had been nothing more than an illusion. The Coloured people had been a political football; corrupt leaders and political agents had exploited their vote. In many cases the Coloured voter had been called upon to arbitrate in disputes between Europeans, and in some constituencies was able to decide which party would gain the victory. Many Coloured people were beginning to realize that the new system would be to their advantage. The Bill before the House would destroy the foundations of this new system before the building had been completed. The Leader of the United Party said(') that in so far as the Bill was a protest, and had brought to mind once again the actions of the present Government in regard to the Coloured vote, it had served a useful purpose, and to that extent would have his Party's support. But the Bill did not deal with the question of the enlargement of the Senate, and provided no permanent solution. The United Party believed, he continued, that it was in the best interests of both the Europeans and Coloured people to retain the common franchise laid down in the South Africa Act. He had (3) Hansard No. 3. cols. 869-873. (4) cols. 875/6. (5) cols. 878-883 RRF

50 ASURVEYOFRACE asked the Party's constitutional committee to investigate the whole constitutional position arising from the recent Appeal Court judgment. (The scheme later decided upon by the United Party is described in the first chapter of this Survey). The debate was adjourned until 8 April, then again postponed, and finally the Bill was withdrawn. Nomination of a Senator on the ground of his knowledge of the Coloured people of the Cape The Separate Representation of Voters Act of 1951, which was declared invalid by the Appeal Court and then, after the enlargement of the Senate, was re- validated in terms of the South Africa Amendment Act of 1956, provided that a European Senator would be nominated by the Governor-General on the ground of his thorough acquaintance with the reasonable wants and wishes of the Coloured people of the Cape. In terms of Proclamation No. 1061 of 19 July 1957, the Rev. J. M. N. Breedt, head of the theological school of the Dutch Reformed Mission Church, was nominated to fill this position. Delimitation of Coloured constituencies It was also provided in the Separate Representation of Voters Act that, as soon as possible after the passing of the Act, four Coloured constituencies would be delimited in the Cape for the election of the four representatives of Coloured people to the Assembly. As was described in our last Survey(6), during 1956 the United Party applied, in the names of two Coloured voters, for the Senate Act and the South Africa Amendment Act to be declared invalid. This application was dismissed in turn by the Supreme Court, Cape Town, and the Appeal Court. By then, the time for a general delimitation was close at hand. The Electoral Laws Further Amendment Act, No. 8 of 1957, thus provided that the first delimitation for the Coloured seats would be that conducted after the general delimitation of White constituencies (in progress at the time of writing). LAND SETTLEMENT According to information furnished by the Minister of the Interior in the Senate('), three areas are being developed for settlement by Coloured farmers - Eksteenskuil, where there are already 80 settlers, part of the Richtersveld, with 300 families already living there, and the Mier Settlement, also with 80 settlers. After the completion of irrigation works and stock watering places, it will be possible to provide for a further 400 families in these areas. (6) Page 30. (?) 16 May 1957. Hansard 13, cols. 4277/78.

RELATIONS: 1956-57 51 His policy, the Minister said, is to persuade Coloured farmers now living amongst Whites to exchange their properties for land in one of these settlements. ASIANS BIRTHPLACES OF ASIANS RESIDENT IN SOUTH AFRICA It is of interest that, according to 1946 census figures only recently published('), as few as 10.4 per cent. of the Asians then in South Africa had been born outside the Union. This proportion will, of course, have decreased in the eleven years that have since elapsed. Of these 10.4 per cent. who were not Union-born, only 20 per cent. had been in South Africa for less than ten years - 26 per cent. had been here between 10 and 25 years, 42 per cent. between 25 and 50 years, and 12 per cent. over 50 years. DEPORTATION OF INDIANS Persons born in India who are declared prohibited immigrants in South Africa, or who are found guilty of offences rendering them liable to deportation, have, of late, sometimes found themselves to be State-less persons when the Indian Government has refused them permission to return. The Minister of the Interior said in the Senate during March(') that, after conviction for one of the specified offences, an Indian had been sent back to India, but was refused permission to land and was thus forced to return to South Africa in the same ship. He would be kept under arrest until India was prepared to receive him. Another recent case of hardship was that of the Bhayat family of Springs. Dr. A. Bhayat was born in the Union, but lost his domicile (as a member of any other racial group would do) by being out of the country for over three years. He was actually away for fourteen years, and during that time married in India. Unlike members of other groups, however, Indians without domiciliary rights are required to obtain the permission of the Minister of the Interior before bringing their wives and children to South Africa. Dr. Bhayat failed to request permission, and was told that his wife and son would have to return to India until he had re- acquired domicile. They left by air, but on arrival in Nairobi were refused a passage to India by the airline operating from there, on the ground that the papers issued to them by the South African immigration authorities were not in order. They were thus forced to return to the Union at their own expense. After weeks of uncertainty, the Minister of the Interior finally authorized them to remain here until Dr. Bhayat re-acquired domicile. () Vol. IV of Population Census, U.G. 34/1954. Calculations by the writer. (9) Senate, 28 March 1957, Hansard 10, cols. 2798/99.

52 ASURVEYOFRACE AFRICANS CONTROL OF AFRICANS IN URBAN AREAS Address by Secretary for Native Affairs At the annual meeting of the Institute of Administrators of Non-European Affairs, held at Margate during September 1957, an address prepared by the Secretary for Native Affairs was read on his behalf by a senior departmental official. It used to be regarded as self-evident, he said, and it was still the considered opinion of the vast majority of South Africans, that there must be legislation dealing with the Bantu in particular. "It stands to reason that the entry of the Bantu from their own areas into European areas, from their own primitive form of life into the complicated life of our towns . . . calls for measures to regulate this entry and to cushion the impact of the more advanced culture, in the interests of Bantu and European alike... It would be unwise to ... depart from the principle of dealing with all the Bantu as a separate entity, including all those individuals who have made cultural progress and who should for that very reason remain within and prove a valuable asset to their community." "It is, of course", he said, "much too early to express a definite opinion in regard to the reaction of the urban Bantu population. All that one can say at this juncture is that the present atmosphere leaves very much to be desired: the social life is vitiated by loose morals, the incidence of illegitimacy is very high, parental control is ineffective, juvenile delinquency is prevalent, drunkenness is on the increase and life is made insecure by the unsavoury and dangerous activities of rival gangs. What is lacking is the steadying influence of a happy home life, strong family units and a healthy community spirit, factors which played such an important part in the tribal life of the Bantu." The Secretary for Native Affairs considered it frivolous to say that the laws framed by his Department were such that wellintentioned Africans could not obey them. He invited the considered views of delegates on what can be done to ensure the implementation of the various enactments affecting the Bantu in the urban areas in such a manner as to guarantee the necessary control by enlisting the positive co-operation of all parties concerned, thereby eliminating the friction and ill-will which tends to vitiate city life. He made various suggestions in regard to the avoidance of summary arrest for pass law offences, which are outlined below. Curtailment of Powers of Local Authorities The Native Laws Amendment Act (Act 36 of 1957) contained three provisions which curtailed the powers of control of local authorities of Africans in their areas: (a) Irregularities in Native Administration Departments to be Reported to the Government.

RELATIONS: 1956-57 53 According to the first draft of clause 38(d) of the Bill, it was in future to be the duty of the most senior officer in the Native Administration Department of every urban local authority to report not only to the local authority (as already provided for), but also to the Secretary for Native Affairs, any irregularity which might occur in his department, or any other occurrence which he might deem it advisable to bring to their notice. According to the Explanatory Memorandum issued on the Bill, this amendment was introduced at the request of the Institute of Administrators of Non-European Affairs. It was opposed by the United Municipal Executive, which asked the Minister of Native Affairs to drop the clause. He said(1) that he was not prepared to do so. Managers of Non-European Affairs, he said, do not act only as officials of a City Council: they also have certain statutory duties entrusted to them, and they can be appointed only under a licence issued by the Minister. There should be one central Native policy for the country, he continued. "The local authority system is a means of executive organization to apply the policy of the country in regard to Native affairs". He later accepted a small amendment moved by the Opposition. Reports of Managers of Non-European Affairs, dealing with irregularities or other occurrences requiring the attention of the authorities, are in future to be submitted to the Secretary of Native Affairs via the local authority, which must forward such reports within seven days of their receipt. (b) Increased Control over Regulations Applicable to African Townships. In terms of the first draft of clause 47(i) of the Bill, the Administrator of the province and the Minister of Native Affairs were to be empowered to amend, vary or reject draft regulations submitted by a local authority without necessarily first referring them back to the local authority that had submitted them. This provision, too, was criticised by the United Municipal Executive, which sent a deputation, representative of each province, to ask the Minister precisely what functions he wanted urban local authorities to carry out in future in regard to Native administration. This clause, too, was subsequently amended. It now provides that the Minister, without consultation with the local authority concerned, may vary or amend draft regulations unless a new principle is thereby introduced, or may reject them. (c) Increased control of expenditure from Native Revenue Accounts. The Natives (Urban Areas) Act formerly provided that the appropriation of assets from the municipal Native Revenue (10) Assembly, 21 March 1957. Hansard 9, cols 3222/24.

A SURVEY OF RACE Accounts should not take place otherwise than in accordance with estimates of expenditure passed by the local authority and approved in writing by the Minister. The Amendment Act of 1957 empowered the Minister to impose such conditions as he may deem fit. (d) Deprivation of power to admit African work-seekers. In terms of Section thirty (a) of the Amendment Act, the power to permit African work-seekers to remain in urban or proclaimed areas for longer than 72 hours is removed from municipal influx control officers and vested only in government labour bureaux. Criticism of those amendments The attitude of the United Municipal Executive has been dealt with above. Johannesburg City Council requested the Minister to receive a deputation, but he refused on the ground that this would create a precedent for all local authorities to see him separately. The clauses concerned were firmly opposed by the Opposition during the Parliamentary debates. In a memorandum sent to all Members of Parliament and to the Press(1), the Institute of Race Relations said that, in matters affecting Africans, local authorities were fast becoming mere agents of the central government. The Institute emphasized that there was far too great a degree of centralization already existent, and that the welfare of the country required greater flexibility in local administration and a relaxation of central control. Local authorities were in closer contact with their communities, and had a far more intimate understanding of local conditions, than a central authority located in Pretoria. INFLUX CONTROL AND REFERENCE BOOKS Further Restrictions imposed by the Native Laws Amendment Act of 1957 (a) Right to remain in urban areas. As the law previously stood, expressed in Section ten (1) (a) of the Natives (Urban Areas) Consolidation Act: (a) An African born and permanently resident in an urban area could remain there without having to seek permission; (b) so could those who at any time in their lives had worked continuously in the area for one employer for a period of not less than ten years, or who had lawfully remained continuously in the area for not less than fifteen years, provided that during these periods they had not been convicted of any offence in respect of which they were sentenced to imprisonment without the option of a fine for a period of more than seven days, or with the option of a fine for a period of more than one month. (11) RR 4211957.

RELATIONS: 1956-57 55 On point (a), the Transvaal Provincial Division of the Supreme Court ruled during 1955 (Mathebula vs. Ermelo Municipality(")) that an African who was born within an urban or proclaimed area, but who had abandoned residence therein, might, during a 72 hours' visit to that area, if he so desired, legally become a permanent resident of that area again merely by forming such an intention. In consequence, the 1957 Amendment Act provided("3) that an African must have resided uninterruptedly since birth in the area concerned in order to gain automatic exemption. The Bill also provided that Africans in category (b) above will no longer qualify for automatic exemption unless they have continued to remain in the area concerned and have not accepted employment outside it. (This clause was subsequently amended, as described below). During the Second Reading debate, members of the Opposition pointed out(") that an African might lose his right to remain in the town where he was born, or in which over a very long period of years he had established a domiciliary right, merely if he undertook a course of study elsewhere, or visited his wife in the country, or if his employer transferred him to another town. He might then be turned out of a home he had acquired with hard-earned savings. (As will be explained later, the Prohibition of Interdicts Act has been applied in the cases of Africans who do not qualify to remain in an urban area; which means that if convicted by the courts for being there illegally, they have no legal right to compensation for the value of their property). The Minister of Native Affairs replied(") that an African would not lose his domiciliary right in a town if he left it temporarily on holiday, or if his employer sent him to work elsewhere for a short period of time - even for three to six months. In this connection he cited, particularly, Africans employed by building contractors. He subsequently agreed to substitute the word "reside" for "remain" in the passage quoted in (b) above, thus clarifying the position. The implications are still grave for Africans who accept employment away from their home towns, however. Industrialists and other employers who for some reason decide to move to premises in an adjoining urban area may find that this entails losing their trained African workers. Opposition speakers pointed out, too("), that the amendment meant that, unless born in the town concerned, an African would lose his right of residence there if, during the whole of his life (and not merely the preceding ten or fifteen years) he committed an (12) 1955 (4) S.A.L.R. 443. (13) Clauses 30 (a) and (b) of the Bill (Sections thirty (a) and (b) of the Act.) (1) Assembly, 21 March 1957, Hansard 9. cols 3245, 3291. (13) Assembly, 9 April 1957, Hansard 9 cols. 4386187. (15) cols. 4374/75, 4401.

A SURVEY OF RACE offence carrying a penalty of more than seven days' imprisonment without the option of a fine, or more than one month with the option. In view of all the restrictive laws imposed, it was extraordinarily difficult for an urban African to avoid, during his whole life-time, committing some offence which carried these penalties. The Minister then agreed to substitute a higher penalty - of over six months or a fine of over £50. The leader of the Natives' Representatives said(") that there was a very large proportion of the African population who had no right to live anywhere at all. From the cradle to the grave they had no guarantee that they would ever be in a position to have a legitimate home. The Government was creating a rootless proletariat with nothing to bind them to the community - they could only become the enemies of society. The Minister subsequently added a provision that if an African who previously qualified to remain in an urban area loses that right, cannot find anywhere else to live, and cannot obtain employment or accommodation, he may be provided with a site in a rural village. But, the Opposition asked(8), how would he maintain himself there? The final version of Section thirty (b) of the Amendment Act changes paragraph (b) quoted above to read that an African may remain in an urban area if: (i) he has worked continuously in such area for one employer for a period of not less than ten years, or has lawfully resided continuously in such area for a period of not less than fifteen years; (ii) and has thereafter continued to reside in such area; (iii) and is not employed outside such area; (iv) and has not during either period or thereafter been sentenced to a fine exceeding £50 or to imprisonment for a period exceeding six months. The Native Laws Amendment Act made one further alteration to the influx control measures. An Amendment to the principal Act made in 1955 (Act 16 of 1955) provided that an African whose home is in the Union may be permitted to re-enter an urban area after being away for not more than twelve months provided that he is returning to his previous employer, to engage in the same class of work that he carried out just prior to leaving. In terms of the 1957 Act, Africans originally allowed into an urban or proclaimed area for specific periods (e.g. harvesting teams or other seasonal' labourers) will no longer be permitted to return unless they obtain permission. (17) cols. 4380/81. (18) col. 4414.

RELATIONS: 1956-57 57 (b) Magistrates and Native Commissioners to be empowered to order Africans out of urban areas if they have failed to, obey regulations. As the law previously stood, an urban African who failed to observe the terms and conditions governing his presence in an urban location, Native village or hostel could be ordered out only after a court conviction. The Amendment Act provided(9) that, on application by a manager or location or hostel superintendent, a Native Commissioner or Magistrate may order an African out if it is proved to his satisfaction by means of affidavits (or oral evidence also if considered necessary) that the African concerned has failed to observe the regulations. Three days' notice of intention to apply for such an order must be served on the African, he must be advised of the time and place of the hearing, and he will be entitled to appear personally or to be legally represented. According to the Explanatory Memorandum, this "does away with the need of resorting to costly civil process". The Native Commissioner or Magistrate will act, not in a judicial, but in an administrative capacity, and the proceedings will, therefore, no longer be subject to appeal as in the case of ordinary civil proceedings. There will be limited right of review only, if the African can prove that the Native Commissioner or Magistrate acted male fide or without applying his mind to the issue. (c) Further classes of officials empowered to demand the production of documents by Africans. The definition of an 'authorized officer', entitled to demand the production of documents by Africans, and, without warrant, to arrest any African whom he has reason to believe is 'idle or undesirable', was very much widened in terms of the Amendment Act(2"). It now includes all those who were previously empowered to do so for specific purposes under the Natives (Urban Areas) Act, the Native Labour Regulation Act, the Natives Taxation and Development Act, and the Natives (Abolition of Passes and CoOrdination of Documents) Act. And besides these, other European officials are now to be vested with these powers - for example, further classes of employees of an urban local authority, of receivers of Native tax, and of inspectors of Native labour. The Minister is to be enabled to authorize still further persons, for instance Non-European policemen, to demand the production of documents by Africans. The Explanatory Memorandum points out that machinery will be provided to restrict the demand of documents to such docu(19) Clause 48 of the Bill. (20) Clauses 1 (b) and 23 (a) of the Bill.

58 A SURVEY OF RACE ments as may be specially mentioned in the authority given to the person concerned. "It is not the intention," it states, "to clothe a Non-European with the powers to demand from a European the production of a licence issued under Sub- section (4) of Section nine" - i e. a licence to accommodate specified numbers of Africans. A further section of the Amendment Act(1) placed it beyond doubt that anyone who refuses to produce on demand by an authorized officer any permit, certificate, licence or other document which he is required to carry is guilty of an offence. (d) Extension of definition of an 'undesirable person'(2) The principal Act, as amended by Act 54 of 1952, provided(3) that whenever any authorized officer has reason to believe that any African in an urban or proclaimed area is 'idle' or 'undesirable', he may, without warrant, arrest this African, or cause him to be arrested by a police officer, manager or location or hostel superintendent, and have him brought before a Native Commissioner or Magistrate. If the African then fails to give a good and satisfactory account of himself, the Native Commissioner or Magistrate may order him to return to his home, or (if the African agrees) to enter into specified employment, or to be sent to any specified place, or (in the case of a man) to be sent to a work colony, or (in the cases of boys between the ages of 15 and 19) to be sent to a youth camp. Unless the African qualifies to remain permanently in the urban or proclaimed area where he was arrested, besides being ordered out, he may be ordered not to return except with the written permission of the Secretary for Native Affairs. Furthermore, the African concerned may be detained in custody pending any removal ordered. The penalties for being deemed 'undesirable' are, then, very severe. The Act previously specified that an African can be deemed 'undesirable' if he has, inter alia, been convicted of certain offences relating to liquor, or has failed to depart from an urban or proclaimed area after having been required to do so, or (in the case of a woman) has entered the area without the necessary permits. The 1957 Amendment Act made it possible for an African to be deemed 'undesirable' also if he is convicted of any offence involving traffic in drugs, or of public violence, or of violence to an officer administering any part of the Act if as a result he has been sentenced to imprisonment (with or without the option of a fine) for a period of more than fourteen days. (e) Removal to rural villages, and right to live outside locations. The law previously specified that an African convicted of being (21) Clause 50. (22) Clause 41 (b). (23) Section twenty-nine.

RELATIONS: 1956-57 59 wrongfully within an urban or proclaimed area may be removed to his home or last place of residence. In terms of the Amendment Act(4) he may also be removed to "any place indicated by the Secretary for Native Affairs within a scheduled Native area or a released area" - in practice, according to the Explanatory Memorandum, to a rural village. With the exception of classes of Africans listed below, no African may live in an urban area elsewhere than in a location, Native village or hostel(5). In terms of a proclamation relating to that area, the Governor-General may now order those living outside African residential areas to remove to a rural village in a scheduled Native area or released area. Those exempted are Africans who already own property valued at £75 or over and their heirs (who will presumably be dealt with under the Group Areas Act), registered Parliamentary voters in the Cape (with certain exceptions) and the families of these persons, domestic servants, residents of approved hostels, compounds, etc., or of the four "areas approved for the residence of Natives" (two of which are being dealt with under the Group Areas Act), and others specially exempted. The Minister explained(") that where an urban area is adjacent to a Native area, it will not be necessary for the local authority concerned to provide a location, if it has not already done so. The Africans will be accommodated, instead, in a village within the Native area, where they can have property rights. He did not mention that in towns like Pietermaritzburg, Dundee, etc., where he has disapproved of the siting of the existing African locations or townships, the effect will probably be that large numbers of Africans will be forced to move some distance out of the towns, spending many hours daily travelling to and from work. (f) Entry upon land or buildings in urban areas. Section twenty-nine (d) of the Amendment Act states that, save as is provided in any law or when acting in the course of his duty, no African shall enter or remain on or in any land or building in an urban area outside an African residential area without the permission of the owner or lawful occupier. The opening Opposition speaker pointed out that this provision might bear extremely harshly on an African having a perfectly legitimate reason for wishing to enter the premises. He might, for example, want to visit a sick relative in an emergency, and for a variety of reasons it might be impossible for him to obtain permission. (24) Clauses 34, 29 (a) and (b). (25) This was previously the case. (26) Assembly, Hansard 9, col. 3219.

60 A SURVEY OF RACE (g) Reactions to the Bill. The statements, marches and meetings of protest against the Native Laws Amendment Bill, described in an earlier chapter of this Survey, were directed, not only against the clauses relating to inter-racial meetings, but also against those placing further restrictions on Africans. Two further facts should be mentioned. At a meeting of Native Advisory Board leaders from Transvaal towns, held in Johannesburg on 28 April, it was decided to draw up a memorandum stating inter alia that the Bill would "destroy the few remaining rights of the African people"(27), and to urge the Minister of Native Affairs to withdraw it in its entirety. The Institute of Race Relations, in a statement(8) sent to all Members of Parliament and to the Press, expressed its conviction "that the increasing power of dictatorial control wielded by the Minister of Native Affairs is inducing in Africans an antagonism and resentment which is tending to bring law and order into contempt, and is seriously worsening race relations in South Africa. If this process is allowed to continue, irreparable harm will be done to the whole South African community." Application of the Natives (Prohibition of Interdicts) Act to orders issued under Influx Control Regulations The Natives (Prohibition of Interdicts) Act, No. 64 of 1956, was described in the previous edition of this Survey(9). When this measure was introduced, the Minister of Native Affairs said(a0) that it was being placed on the Statute Book as a preventive measure, to be used only when urgently needed, after proof had already been given of resistance in an unreasonable manner. In terms of a Proclamation issued during March 1957(al), this Act was applied in respect of any warrant issued by a Magistrate or Native Commissioner, addressed to a police officer, ordering the removal to his home, or last place of residence, or a rural village, or (in the case of a 'foreign' African) the territory from which he came, of an African convicted of: (i) being in an urban or proclaimed area for longer than 72 hours unless exempted under Section 10 of the Natives (Urban Areas) Act (see page 56). Wives, unmarried daughters, and sons under the age of eighteen of exempted Africans are also exempt); (27) Still further clauses of the Bill are dealt with in appropriate chapters of this Survey (see index). (28) RR 42/1957. (29) Survey of Race Relations 1955/56, page 71. (30) Assembly, 7 June 1956, Hansard 19 col. 7138. (31) Proclamation 79 of 1957, dated 29 March 1957.

RELATIONS: 1956-57 61 (ii) being a 'foreign' African and having entered an urban or proclaimed area, or accepted employment there, without the written permission of the Secretary for Native Affairs. given with the concurrence of the local authority. The effect is that whenever an African is ordered out of a town by a Magistrate or Native Commissioner because he has lost his job, cannot obtain a permit to seek another (and is not in the 'exempt' classes), or whenever an African is ordered out because he is found to have contravened influx control regulations, or is deemed to be 'idle' or 'undesirable', or is working in a neighbouring urban area, he cannot apply for an interdict to suspend the execution of the order, nor may the order be suspended pending the outcome of review proceedings or of an appeal. An appeal may be lodged only after the removal order has been obeyed. If it should prove successful, the court may order that the African be compensated for his actual losses suffered in complying with the order. An African ordered out of a town has, thus, no legal right of compensation for the value of a home he may have acquired with hard-earned savings (on a leasehold plot). If ordered out of a town, his location site permit would be cancelled. He could dispose of his home, or of any improvements he had made to the site, to an approved buyer, if forthcoming, or to the local authority, but might well not obtain the full value. If he appealed against the removal order, after complying with it, and succeeded, it might be impossible for him to obtain proper compensation: his dwelling might have been allocated to someone else, or he might have lost his job. New Provisions relating to Reference Books A Native Laws Further Amendment Act, No. 79 of 1957, was passed at the end of the 1957 Session. Some of its provisions relate to reference books. (a) Issuing of Reference Books. Section eleven (1) provides that notices may be published in the Gazette requiring all Africans in a specified area who have attained the age of 16 years to report at a certain time and place for the issue of reference books. (b) Powers of summary detention of Africans not in possession of Reference Books. Section thirteen provides that if, after the fixed date applicable to his area, an African is found not to be in possession of a reference book, he may be brought before a Native Commissioner or other designated official to be issued with one. (This applies to women as well as men: the masculine is used merely for the sake

62 ASURVEYOFRACE of brevity). Pending the completion of any enquiries deemed necessary, this official may detain the African in a reception depot, lock-up, police cell or gaol for a period not exceeding seven days, which period may be extended for further periods of up to seven days, provided that the total period of detention does not exceed thirty days. The Minister pointed out that this provision was taken over from Act 67 of 1952. Members of the Opposition said(32) that this did not make it any more acceptable. A man or woman could be detained for thirty days without any warrant, without any charge being preferred. This far exceeded the powers of the police in cases of arrest under the Criminal Procedure Act; yet here the individual was not being charged with any offence. They moved, as an amendment, that any African "who fails to appear as required by the Native Commission shall be guilty of an offence". The Minister replied(3) that power of summary detention was necessary to deal with the hypothetical case of a person who refused to have a reference book, and planned to disappear. In terms of Government Notice No. 1747 of 8 November 1957, the 'fixed date', after which all African men in the Union and South-West Africa will be required to possess reference books, is 1 February 1958. (c) Duties of Employers. Section seventeen provides that after the fixed date, no one in the area concerned may employ an African not in possession of a reference book, or with a book that shows that the African's service contract has not been signed off by the previous employer. In cases of difficulty or dispute, Africans may appeal to the Native Commissioner to record the termination of their previous contracts. (d) Falsification of Reference Books. In Section twenty-four, the number of offences for forgery, misuse, misappropriation and fraud in connection with reference books is increased from six to fifteen. Members of the Opposition said(") that a long list of offences would not stop forgeries. This was a police matter and should be dealt with under common law. There seemed to be no end to the accumulation of criminal sanctions against Africans. Life to many of them, particularly in the cities, was becoming an intolerable burden. The gaols were crowded with pass-law offenders. Young girls of the apparent age of 16 would in future also be liable to summary arrest if their documents were not in (32) Assembly. 14 and 18 June 1957, Hansards 20 and 21, cols .8562/6. (a3) col. 8564. (34) cols. 8372. 8386, 8575/9.

RELATIONS: 1956-57 63 order. One member estimated(5) that during 1955, some 600,000 Africans must have spent at least one night in gaol for pass law offences. (In many cases, of course, the same person was prosecuted more than once). Arrests for pass law offences Every day, in the larger towns, many hundreds of male Africans are arrested on suspicion of vagrancy or crime. Many of those who are not suspected criminals pay sums in admission of guilt, at the police stations, and are then warned to leave the area if they are not entitled to be there. Those who do not pay admission of guilt are then screened. The finger prints of suspected criminals are taken, and if these people are found to have criminal records, they are dealt with by the criminal courts. Youths are taken before the juvenile courts. Of the remainder, those who are suspected of being in the municipal area without the necessary permits are sent to the District Labour Bureau, where they are given the choice of accepting work on a farm, or of facing prosecution. This matter is dealt with in more detail below. If they refuse farm work, they are sent back to the Native Commissioner's offices. These people and also the Africans who allege that they are legally in the municipal area, are then prosecuted. If found guilty, after serving whatever sentence may be imposed, they may then return to their employment if they are legally in the area, or, if they have bad records may be banned from the area for specified periods, or, otherwise, if there is a shortage of labour, may be allowed to apply for permits to seek work. In view of the extremely large numbers of Africans employed or seeking work in the cities, which means that officials are overworked and harassed, and of the fact that so many of the Africans concerned are bewildered by the complex laws and are often illiterate, the whole system of passes and influx control gives rise to great frustration and frequent miscarriages of justice. Tempers tend to flare up when people are tired and exasperated. There was a disturbance in Johannesburg during February 1957, for example, when about a thousand Africans waiting outside the labour bureau were told to leave because the staff could not handle their cases that day. The staff there can deal with about 3,000 people daily, but sometimes greater numbers than this present themselves for attention. It can happen that a man is forced to return daily for up to four or more days, meanwhile being out of work and perhaps penniless. Another minor incident occurred in Johannesburg during June, when a crowd of about 300 tired men, returning from work in the evening, mobbed a police constable who was arresting an African for an alleged pass offence. (35) col. 8386.

64 A SURVEY OF RACE Because the laws are so complex, quite innocent people are frequently arrested. Africans are, for example, allowed to visit an urban area for up to 72 hours without seeking permission; but if picked up by the police it is very often difficult for them to prove in court that they are in the town merely on a short visit. To give but one example, two candidates for the Methodist ministry, arriving from Swaziland, alighted at Johannesburg station by mistake during July, and were arrested. The examination of candidates had to be held up for two days while extensive enquiries were made as to their whereabouts. In the address he presented at the conference of the Institute of Administrators of Non-European Affairs, mentioned above, the Secretary for Native Affairs urged officials to show tact and discrimination in the implementation of the law. The number of prosecutions for pass law offences, he said, far exceeded the safety margin. The people implicated were no longer subject to any social stigma; society must necessarily suffer irreparable harm as the punitive system ceased to have any educative and remedial effect. It had been rendered an offence, he said, for an African to fail to produce a document on demand. The Department had considered allowing a period of grace within which the document might be produced, but concluded that this would mean playing into the hands of the criminal element. Circumstances did exist in which drastic action was justified. But it had been left to the official concerned, with his sense of justice and fair play, to react as circumstances dictated. It would not throw the administrative or controlling machinery out of gear if an African found in the vicinity of his employment without his reference book were not summarily arrested, but taken to his alleged employer so that his bona fides could be established. It should be possible, in a large number of cases, to establish a man's identity by telephoning his employer or a municipal identification officer. A man should not be arrested for having an incorrect endorsement in his book through some obviously genuine mistake on his part or through some oversight on the part of the endorsing authority. The scheme of enrolling petty offenders for work on farms In order to keep petty offenders out of gaol, the Department some years ago devised a scheme whereunder such people are offered employment in non- prescribed areas (priority being given to farm labour) as an alternative to prosecution. Many farmers now recruit labour by giving power of attorney to officials in District Labour Bureaux to enter into contracts of service with Africans for periods of three to six months. Again, because of the large numbers involved and the bewilderment and ignorance of many of those concerned, misunder-

RELATIONS: 1956-57 65 standings and injustices arise. During the first week of July 1957, the Star featured several such cases. Nelson Langa, for example, is a cleaner employed by the Johannesburg City Council, earning £2 8s. 9d. per week plus free accommodation in the municipal compound, where he has many friends. He disappeared on 18 June 1957. After making extensive enquiries, his brother's attorneys found that he had gone to work on a farm in the Bethal area. A habeas corpus application was made, the brother submitting that it would never have entered Langa's head voluntarily to accept farm work, at a lower wage than he was earning and in a district where he was a complete stranger, without telling his brother or friends, or giving notice to his employers, or even taking his clothes with him. The judge ordered his release. Langa's story, on return, was that he had been arrested on the way home from work. He did not have his reference book with him, but, without avail, showed the police his badge of employment and his broom. After spending the night in gaol he was taken to the District Labour Bureau where some misunderstanding obviously occurred. It appeared, from the story told by Langa, that he was unaware of his rights, was dealt with hastily, and was terrified of the punishment that might be meted out if he faced prosecution. Nelson M., a lad aged fourteen, came on an expedition from Louis Trichardt to Johannesburg with a lorry driver, to help him load his vehicle. They pulled up for a few minutes in Alexandra Township, where the driver went to call on a friend. When he returned, Nelson had disappeared. He had been arrested, was taken to the police station, with others was given a talk on the virtues of farm labour (in English, Sotho and Zulu - but he speaks Shangaan only), and then found himself in a queue of men pressing their thumb-prints on to service contracts for farm work. He was then taken to a farm near Heidelberg. The lorry driver's attorney telephoned the farmer, pointing out that the contract was illegal as Nelson was under age; and he was then returned to Johannesburg, a bewildered youth. Harry is a shoemaker in Alexandra Township who was doing well and decided to take on a young assistant. He took this lad to the pass. office to obtain the necessary documents, and while there, was ordered to produce his own papers. He had a reference book, a permit to live in Alexandra Township, and a licence to work there as a shoemaker: but through some oversight the number on his licence did not correspond with the entry in his reference book. Both he and the youth were arrested, and, they alleged, were taken to a farm in the Dunnottar area without being given any opportunity of telling their relatives what had happened. Some days after arrival there, Harry managed to get into touch with an attorney who procured their release. RRG A SURVEY OF RACE It is by no means suggested that all those going from urban areas to the farms are sent there in such circumstances; but the system is undoubtedly open to abuse, as the above examples show. Moreover, although the treatment afforded the Africans on the farms may be good in a large majority of cases, this is certainly not always so(' I). Effect of influx control measures on the labour supply in large urban centres Judging by the position in Johannesburg, a difficult situation is arising in regard to the supply of labour for heavy manual work and domestic service in the cities. Africans born in the area, who have attended school, generally do not care to undertake this type of work, particularly as the cash wages offered are low; and the Government officials who implement the influx control machinery are unwilling to allow more Africans into the urban area while many already there are unemployed. On the other hand, there are insufficient openings as clerical workers or artisans to absorb the educated lads, whose progress is limited by colour bars. Influx control and reference books for African women (a) The Native Laws Further Amendment Act The Native Laws Further Amendment Act, No. 79 of 1957, which is referred to above, contained several provisions relating to African women. Section eleven (1), which stated that notices may be published in the Gazette requiring all Africans in a specified area who have attained the age of 16 years to report at a certain time and place for the issue of reference books, also laid down that these books may differ in form in respect of men and women. Section ten (a) provided that the fixed date, after which all Africans in specified areas will be obliged to possess reference books, may differ in respect of Africans of specified classes. (According to the Minister(37), the word "classes" here refers to men and women). He said, too, that service contracts would be omitted in the women's books. He wished to place it beyond all doubt, in the wording of the Act, that the Department could issue women with reference books different from those of the men. Members of the Opposition took the opportunity again to oppose the issue of reference books to African women. The opening speaker said(38) that Africans "have always strenuously objected to their women being required to carry documents. Their objection is based on two reasons. The one is that, at any rate, the reserve Native regards the woman as being a minor under the guardianship (36) See examples cited in Survey of Race Relations, 1955/56, page 82. (37) Assembly, 14 and 18 June 1957. Hansards 20 and 21, cols. 8176, 8558. (38) e.g. col. 8183.

RELATIONS: 1956-57 of the head of the kraal; and the second reason is fear of police interference with their women. There have, unfortunately, been cases of women who have been molested by young policemen under cover of demand for documents ....I submit that to force the issue during the present unrest is very injudicious and will only fan the flames of resentment that are already evident all over the country". In reply to the argument that White women, too, would eventually be issued with identification cards, he pointed out that African women, unlike the Whites, would be liable to summary arrest if they did not produce their reference books on demand. The Minister said(39) that 196,064 reference books had already been issued to African women in 91 districts. The vast majority of the men were now in possession of their books. (b) The issuing of reference books, and the women's reactions As was reported in our last Survey("0), by the end of September 1956, officials of the Native Affairs Department had visited 37 small towns to issue reference books to women. During the year now under review, women in more than 76 further towns have been required to report for the issue of these books. Their distribution has not yet been attempted in the major centres: the largest of the towns so far visited are places like Graaff-Reinet, Middelburg (Cape), Heidelberg, Pietersburg, Odendaalsrus, Welkom, Umtata, Standerton, Queenstown, Volksrust, Vryheid, Barberton and Nelspruit. Although in a large majority of cases the process has gone smoothly, firm opposition has been encountered in some areas. During November 1956, for example, a team of officials visited Lichtenburg in the Western Transvaal, to find a crowd of nearly a thousand women waving banners bearing slogans protesting against passes for women. It was said(1) that they had been incited to do so by about fifteen women from the Reef, who were subsequently arrested. Some of the men joined their women-folk, and, according to reports, the Africans began shouting and demonstrating. The police, who were then summoned, made a baton charge which may have been illegal(2), the people retaliated by throwing stones, and eventually the police opened fire. It was reported that two Africans were shot dead, and six policemen and two other Africans injured. Similar trouble occurred in Ventersdorp, nearby, during the following week; but this time the police dispersed the crowd without violence on either side. Efforts to issue reference books at Pietersburg, in the northern Transvaal, have twice been frustrated. On the first occasion, in (39) cols. 8177. 8431. (40) page 84 of Survey of Race Relations for 1955156. (41) Official allegation as reported in the Star, 8 November 1956. (42) Remarks of the magistrate who investigated the matter, as repeated by the Minister of Justice, Assembly 5 April 1957, Hansard 11. col. 4152.

68 A SURVEY OF RACE June 1957, the team of officials was stoned by a crowd of about two thousand and driven from the location. They returned the following month, to find a gathering of some three thousand women shouting in chorus that they did not want passes. As these women refused to appoint spokesmen to discuss the matter, the officials again retired, which was the signal for much jeering(3). A state of near panic arose in Standerton, in the south-eastern Transvaal, during July. On the day when the issue of reference books was due to start, 914 African women formed up in procession to seek an interview with the Mayor. They were intercepted by the police at the gates of the location, were all arrested, and were charged with taking part in an illegal procession in Marais Street, which led to the 'White' part of the town. As the White residents would otherwise have been practically bereft of women servants, the women were all then let out on bail. It was rumoured that riots were likely on the day of the trial. Hysteria spread through the town. About 80 extra policemen were brought in from surrounding areas, some residents bought up supplies of ammunition, while others left the town temporarily. But then there was a complete anti-climax. The women arrived peaceably at the court, some carrying their babies. When the first batch of 39 of them appeared before the magistrate, the Town Clerk maintained that they had not received permission to hold a procession in Marais Street or any other street in the White area. But as it transpired that the women had not entered Marais Street but were still within the location boundaries when they were arrested, they were all discharged. A few days later there was a demonstration at Balfour, between Standerton and Johannesburg. Nearly three hundred reference books had already been issued there, it was reported(4), when the grievances of some women boiled over. They stacked and burned about two dozen of the books, and then large numbers of them marched in procession to see the local magistrate. He calmed them by explaining that the officials were merely administering the law of the country. A few women, who had instigated the burning of the books, were arrested. Graver troubles occurred during April in Moiloa's Location, part of the Baphurutse Reserve in the north-western Transvaal, where the issue of refirence books was arranged just at the time when the Chief Abraham Moiloa had been ordered by the Native Affairs Department to desist from carrying out the duties of a chief, and had been officially advised to leave the area. As will be described later, the people had a number of grievances, but one of these was passes for women. Great ill-feeling arose against the chief's uncle and three of his henchmen, who were said to be (43) Press reports: Rand Daily Mail, 11 June and 27 July 1957. (44) Star, 23 July 1957.

RELATIONS: 1956-57 69 willing to co-operate with the authorities in this matter, and against teachers who had taken out reference books. Rioting broke out, numbers of people were arrested, the tempers of the women flared up, they destroyed about 300 of the books, and the issuing team then left the area. Numbers of reference books were burned, too, in Gopane's village in the same reserve(45). When about 35 women were subsequently arrested, crowds of others demanded that they be apprehended also: 233 of them were placed under voluntary arrest and they were all transported to Zeerust, where some of the women were later prosecuted and convicted. More subtle methods of resistance were employed in the two African towns of Motswedi and Braklaagte, in the same area. When the officials arrived there, the towns were deserted, all the women having disappeared into the bush. During October 1957, the Magistrate at Nelspruit in the eastern Transvaal announced to the Africans that reference books would be issued to women on the following day. The Africans turned on him, damaging his car and that of the location superintendent. These men were rescued by the police who arrested five women alleged to be the ringleaders. Some three hundred women then marched to the police station, demanding the release of their leaders. After they had refused to disperse when ordered to do so, the police made a baton charge and finally opened fire. Four Africans were wounded. The rest returned to the location, but by now their tempers were at boiling point. Later that evening Africans broke into the new beerhall, damaging the building and removing money from the safe. They were dispersed by the police; but then set about organizing a strike for the next day, which was said to have been about 95 per cent. effective. Some of the Africans who did set off for work were stoned. The police, who had been heavily reinforced, charged and fired on angry crowds armed with battleaxes and loaded sticks - six policemen and eight African civilians were injured. After reports of threats against them, the power station and petrol pumps were guarded all day by armed men. The police then raided the two locations, arresting about 140 people on various charges. After that, the Africans submitted, and the women accepted their reference books. Reference books have not yet been issued to women in Johannesburg; but the Natives Resettlement Board, charged with the removal of Africans from the Western Areas, has issued permits of identification to those living there, as a means of proving their entitlement to be rehoused at Meadowlands. Early in 1957 the (45) Rand Daily Mail report. 4 September 1957.

70 A SURVEY OF RACE police began asking women in the Western Areas to produce their permits. On 12 May, some two thousand Africans attended a meeting in Sophiatown called by a Western Areas Anti-Permit Committee. They drew up petitions listing their objections to the compulsory production of permits or passes by women, and decided to seek an interview with the Mayor on 16 May. The City Council was much perturbed about this whole matter. As a result of its urgent representations to the police and the Native Affairs Department, the police action was temporarily suspended. Then, on 16 May, a mass gathering of about 20,000 Africans assembled in Sophiatown to give a send-off to the deputation of seven that had been appointed. Some 6,000 people accompanied the deputation, arriving in numerous columns at the City Hall, and necessitating the diversion of traffic. They behaved in an orderly way. The Mayor received the people's representatives, accepted the petitions, and explained that it was not at the City Council's instigation that the police had taken action: in fact it was at the Council's request that the action had been called off. He would, he said, investigate the possibility of issuing exemption certificates to African women who qualified for these, their affidavits to be accepted as it would be physically impossible to screen everyone. He advised the leaders to urge the Ministers of Justice and Native Affairs to introduce the identity card system for African women (as contemplated for White women), instead of a system involving the immediate production of reference books. He then appeared on the City Hall steps with the African leaders, before the crowd, to indicate that the interview had taken place. On the following day, according to instructions received from the Assistant Commissioner of the S.A. Police, a senior police officer called on the Mayor(46). He asked, and was told, what had transpired at the meeting with African leaders. He discussed the conviction of the police that mass gatherings of Africans in thickly populated White areas could easily lead to serious disturbances. The Mayor announced that if the Africans had a legitimate problem there was no reason why he, as first citizen, should not receive them. (c) The issuing to women of permits to be in urban areas As has been recounted in previous Surveys, Section ten of the Natives (Urban Areas) Act was amended in 1952 to include all Africans of working age in the provisions relating to influx control. Many local authorities have not attempted to apply this control in the case of women, however, for it cannot effectively be applied unless the women have some document of identification, and the (46) An account of the circumstances was given by the Minister of Justice, Assembly 7 June 1957. Hansard 19. cols. 7488/89 Also see the Press of 25 May.

RELATIONS: 1956-57 71 provision of such documents requires elaborate administrative machinery. Moreover, as Johannesburg City Council has pointed out, the labour bureau regulations do not apply to women, thus the officials have no means of determining the demand for female labour. Permits to reside in the locations are required by law. Several of the larger local authorities operate voluntary employment bureaux for women. There are, however, a few municipalities that do require African women to obtain permits entitling them to be in the urban area. Those not in possession of these documents are liable to prosecution, as are the persons who employ them. This is the case in Bloemfontein, Vereeniging and Boksburg. Pietermaritzburg, Durban, Randfontein and Roodepoort have introduced a system of registration on a voluntary basis, as a means of protecting those who are legally entitled to be in the area. Registration permits must be produced when applying for municipal housing or, in some cases, for employment. After the decision had been made that all Africans would eventually be required to leave the Western Province of the Cape and that, meanwhile, influx control would be very strictly applied there, the Government directed local authorities in this area to apply Section ten of the Act to African women. Cape Town, adjoining municipalities and the Divisional Council of the Cape then commenced issuing permits to women indicating the purpose for which and period during which they might remain in the urban area: these periods vary from one month to a year. At the conference in September of the Institute of Administrators of Non- European Affairs, the Cape Town Manager of Native Administration gave the following analysis of the documents so far issued to women in the Cape Peninsula: Permitted to live with their husbands (who are legally in the area) ...... 14,955 Permitted to remain in the area for purposes of employment ...... 10,299 Exempt from influx control regulations ...... 959 26,213 There were a further 4,928 women who had left the area of their own accord, or who had been refused permission to remain. (d) Demonstrations of protest against passes and permits for women Demonstrations against passes and permits for women have again taken place, during the past year, in large numbers of centres, for example Pietermaritzburg in November and January, Rand-

72 A SURVEY OF RACE fontein in February, Johannesburg in March, Cape Town in June, and Brakpan and Uitenhage in July. Then, on the anniversary of the mass protest staged last year by the Federation of S.A. Women(7), there were demonstrations in large numbers of towns throughout the Union. The women have carried banners and have handed in petitions to the Mayors or Native Commissioners. In a few cases some of them have been arrested and charged with participating in illegal processions; but, in the main, no action has been taken by the authorities. An 'Association to Abolish Passes for African Women' has been formed in the Western Cape, the original sponsors being the African National Congress Women's League (Cape), the Federation of South African Women (Cape), the Black Sash (Western Cape), the Anglican Church Mothers' Union (Cape), and the National Council of Women (Cape Town Branch). The basis is now being widened to include organizations other than those solely representative of women. 'FOREIGN' AFRICANS Provisions of the Native Laws Further Amendment Act Section four of the Native Laws Further Amendment Act (No. 79 of 1957) provides that any person not born in the Union who has been convicted of doing or saying anything with the intent of promoting hostility between Black and White, or any 'foreign' African whose presence in the Union is by reason of his activities or on any other ground deemed by the Minister of Native Affairs not to be in the public interest, may be declared by the Minister to be an undesirable inhabitant of the Union. The Minister may by warrant cause such persons to be removed, and pending removal to be arrested and detained in custody. Section eight contains what the Minister said was a consequential amendment. The Natives (Urban Areas) Amendment Act, No. 16 of 1955, provided that Africans from the High Commission Territories required the written permission of the Secretary for Native Affairs, issued with the concurrence of the local authority, to be in an urban area. An exception was, however, made in the case of those already lawfully in an urban area at the commencement of the Act, as long as they remained there uninterruptedly. This exemption was removed in terms of Section eight of the 1957 Act. The Minister said(48) that there had been repeated clashes in Newclare, Evaton and elsewhere caused by groups of Africans of Sotho origin, for example, those calling themselves the "Russians". The authorities often knew who the leaders were, but were powerless to act against them because they shielded behind subordinates, (47) See Survey of Race Relations, 1955156, page 86. (,8) Assembly, 14 and 18 June 1957. Hansards 20 and 21. cols. 817215, 8425.

RELATIONS: 1956-57 73 inducing these subordinates to commit the actual crimes. He wished to have power to deport the leaders. Some of them were exempt from the necessity for having permits to be in the urban areas concerned; for this reason it was necessary to do away with the exemptions granted in 1955, and permits could then be refused when deemed necessary. The whole matter had been discussed with a representative of the High Commission Office, who was assured that the Minister had no intention of repatriating large numbers of Africans, but merely wished to have power to deport leaders of gangs that were causing trouble. Opposition speakers made three main points: (a) Deportation should be dependent upon conviction in a court of law, not on the Minister's decision, which, with the best will in the world, might be based on false information. Victimization by informers would be possible. This should be a police matter. If it was known who the real offenders were, why was it impossible for the police to obtain evidence against them? (b) Cancellation of the exemptions granted in 1955 would create a sense of insecurity among all those previously granted them. (c) Many Africans originally from the High Commission Territories had been many years in the Union, had become Union nationals, and had married South African women. What was to become of their families if the men were deported? Possibilities of Naturalization of Africans The Institute of Race Relations wrote to the Secretary for Native Affairs enquiring whether 'foreign' Africans could become naturalized in the Union, and received the following reply: "With reference to your letter of the 17th July, 1956, I have to inform you that no provision exists in terms of which foreign Natives can acquire Union status. Formerly, the disabilities applicable to foreign Natives could be removed under certain circumstances in terms of an administrative relaxation, but the relative provisions were withdrawn during last year. Those Natives who are in possession of certificates of Removal of Disabilities will, however, continue to enjoy the privileges thereof, i.e. they are regarded as Union Natives for all administrative purposes. I have no record of the number of foreign Natives who are in possession of such certificates. "The legal provisions which control the entry of foreign Natives to the Union are the Immigrants' Regulation Act, 1913, administered by the Department of the Interior and the Natives (Urban Areas) Act 1945, (Section 12), administered by this Department."

74 ASURVEYOFRACE While there is no colour bar in the Nationality Acts, persons seeking naturalization must not be prohibited immigrants, and must prove that they can read and write one of the official languages with sufficient proficiency: this provision probably automatically excludes the large majority of Africans. There is, thus, apparently no way in which 'foreign' Africans who have been in the Union for many years, and whose wives and children are Union-born, can acquire permanent rights here. BANISHMENT OF AFRICANS Several more Africans have been banished from their homes during the year under review. Arthur Sekhukhuni, second in succession to the Paramount Chieftainship of the Sekhukhuni tribe in the northern Transvaal, and his uncle Godfrey, were in April summarily removed to Matubatuba and Mtunzini respectively, in Natal, on the ground that they were disturbing the peace of the tribe, resulting in the frustration of order and good government. They had been campaigning against the acceptance of the Bantu Authorities Act by their people. No opportunity was afforded them of bidding farewell to their relatives or of collecting their clothes and money before their departure. During July, some 15,000 members of the Sekhukhuni tribe donned ceremonial dress and gathered, from as far as twenty miles away, at the tribal meeting place. The Regent presented to officials of the Native Affairs Department a petition signed by about 30,000 tribesmen, urging that their 'sons' should be returned to them. Also during April, Mhlupeki Hlongwane and Mcoshhaw Mdhluli, of the Ngobo Location at Bergville in Natal, were banished to Duivelskloof and Sibasa respectively, in the Transvaal, because of disquiet that had arisen as a result of their having visited the men condemned to death for the Bergville police murders(49). The disturbances that took place in Moiloa's Location at Linokana in the Marico district of the western Transvaal, near Zeerust, have been referred to above, in connection with passes for women. Early in April the hereditary chief of the Linokana section of the Baphurutse tribe, Abraham Moiloa, was ordered by the Native Affairs Department to desist from carrying out the duties of a chief, on the ground that he had failed to co-operate with the Department. He had opposed the Bantu Authorities and Bantu education schemes. He was not issued with a banishment order, but was advised to leave the area for Ventersdorp. Just at this time, officials arrived to issue reference books to the women. About fifty tribesmen from Johannesburg arrived during the following weekend to join in a tribal meeting, at which there was violent criticism of the Bantu Authorities system, passes for women, and Native Trust Regulations. The Native Commissioner arrived (49) See Survey of Race Relations, 1955/56, page 95,

RELATIONS: 1956-57 75 and tried to address the crowd, but they would not grant him a hearing. Anger mounted against Abraham's uncle, Michael Moiloa, and three of his henchmen, who were said to be willing to cooperate with the authorities in regard to the reference books; and eventually a near-riot situation developed and these four men were dragged off to a deep hole nearby and told to throw themselves in. The police, who had meanwhile arrived, then intervened; and numbers of the Africans were arrested. During the week that followed, trouble continued amongst the leaderless tribesmen. Some of them demanded contributions from the rest towards the defence costs of those who had been arrested. Several of those who failed to contribute were assaulted, or had their huts burned down. A church was set alight because some members were suspected of accepting reference books, and the school was boycotted for the same reason. Piles of reference books were burned. Then police reinforcements arrived in the area and many further arrests were made. Numbers of Africans were subsequently tried and some convicted on a variety of counts; and the Government appointed a commission to enquire into the disturbances. On the day before the one-man commission was to hear evidence, in Zeerust, a Government Notice was published in a Gazette Extraordinary, prohibiting gatherings of more than ten Africans in the Marico district except with official permission. Nevertheless, early next morning processions of well over a thousand Africans, mostly women, began marching to the town from Moiloa's location and Gopane's village. They were turned back by a force of some forty well-armed policemen, who set up a road block, and by eight aircraft which flew low, weaving and twisting just above the people's heads. The case of Paulus Mopeli, the grandson of Moshesh, created much indignation. He and his wife were banished from their home in Witzieshoek after the rioting that occurred there in 1950, and were sent to Nebo in the Eastern Transvaal. During November 1956, he was accused by the Native Commissioner of stealing some grapes from a Trust farm. When the case came before the court, the Native Commissioner himself was on the bench; but on Mopeli's objection, he withdrew. The Assistant Native Commissioner then heard the case and found Mopeli guilty. He appealed, and was instructed by the Attorney General to appear in court in Pretoria when the appeal was to be heard. But the Native Commissioner refused him permission to leave Nebo. He went, none the less, and his appeal was upheld. He then made the mistake of returning to Witzieshoek to make arrangements for money to be sent to him at Nebo. He was arrested, and after spending a month in gaol was tried for leaving his place of banishment without permission. The judge ruled that his visit to Pretoria

76 A SURVEY OF RACE was justified, but not his visit to Witzieshoek, made some trenchant remarks about the conflicting instructions given to Mopeli, and imposed a suspended sentence. The Natives (Urban Areas) Amendment Act, No. 69 of 1956, which empowered local authorities to serve removal orders on Africans whose presence is deemed by them to be detrimental to the maintenance of peace and order, was described in our last Survey("°). It was mentioned, too, that Germiston municipality had availed itself of this power and had ordered four Africans to leave its area. According to information given by the Minister of Native Affairs in the Assembly on 8 February 1957( 1), only one other African had by then been banished, by the local authority of Petrus Steyn in the Free State. CONTROL OF MEETINGS Government Notice No. 2017 of 1953, as amended, which specified that, with certain exceptions, no meeting, gathering or assembly at which more than ten Africans are to be present may be held in designated areas unless with the permission of the Native Commissioner or magistrate, was, in February 1957, also brought into operation in the district of Cradock in the Cape(2). As has been described above, it was, during November, made effective, too, in the Marico district. ENTRY OF EUROPEANS INTO URBAN AFRICAN TOWNSHIPS AND LOCATIONS The second portion of Section twenty-nine (d) of the Native Laws Amendment Act, No. 36 of 1957, provides that, except for persons performing their functions under any law and employees of the government or of the local authority acting in the course of their duty, no-one shall enter or remain in any Native village or Native hostel without the permission of the official appointed to manage it. There had previously been no provision such as this embodied in law; although Section thirty-eight (3) (e) of the Urban Areas Act empowered any local authority to make regulations, requiring the approval of the Administrator and the Minister, providing for the prohibition or regulation of the entry into or sojourn in a location, Native village or Native hostel of any person not resident therein. Many local authorities issued regulations along these lines. In Johannesburg for example, they provided that no one, unless resident there, might visit a Native location, village or hostel for longer than three hours unless they had the Superintendent's permission: there was no need to seek permission for shorter visits. (50) Page 74. (i) Hansard 3. col. 801. (52) For other areas where this Notice is in operation see Survey of Race Relations, 1954/55 page 70, and 1955/56 page 88.

RELATIONS: 1956-57 77 Meetings between Europeans and Africans, will, thus, still be possible in African residential areas without the permission of the Minister, provided that the permission of the manager or superintendent of the area concerned has been obtained. But the appointment of such officials is subject to the Minister's approval, and the senior officer of a municipal Non-European Affairs Department has become responsible not only to his local authority, but also to the State Department of Native Affairs. Public meetings or assemblies of Africans are subject to control in a number of urban areas; and any meetings in an urban African residential area may be prohibited by a magistrate after consultation with the police and municipal officials. BANTU AUTHORITIES Progress to April, 1957, in the establishment of Bantu authorities According to information given by the Minister of Native Affairs in the Senate(5"), by the end of 1956 three regional authorities and 64 tribal authorities had been established. The general council and the 26 district councils in the Transkeian Territories had been transformed, respectively, into a territorial authority and 26 district authorities. By the beginning of April 1957, a further thirty tribal authorities had been set up. Proclamation 110 of 18 April, 1957 During April, Proclamation 110 was gazetted. This provided that, unless a Bantu authority had already been established in the area, every appointed chief or headman was within thirty days to constitute a tribal or community council in accordance with local law and custom, and within a further thirty days was to inform the Native Commissioner of their names. If a traditional chief or headman's council was already in existence, this would serve the purpose. Should the chief or headman fail to make the appointments, the Minister himself might do so. Progress since then As a result, the establishment of Bantu authorities was speeded up. Between April and September 1957 inclusive, 70 tribal authorities and 44 community authorities were created in the Transkei, and 50 Tribal authorities in other African areas. Constitution of tribal authorities (other than in the Transkei) The head of a tribal authority is the local chief or headman. Proclamation 110 of 1957 set out the powers and duties of appointed chiefs and headmen, which included inter alia the pre(53) 19 February 1957, Senate Hansard 5, col. 948.

78 ASURVEYOFRACE vention of unauthorized efflux to the towns, registration of births and deaths, public health, the control of occupation and cultivation of land, soil conservation, the prevention and detection of crime, and, in approved cases, powers of civil and criminal jurisdiction. It was laid down that no chief or headman is to become a member or take part in the affairs of any political organization or of any association deemed by the Minister to be subversive of or prejudicial to constituted government or law and order. A chief or headman may be dismissed if he neglects or refuses to comply with any provision of the regulations, or disobeys a lawful command given by an authorized officer of the Government, or misconducts himself, or abuses his powers - this in addition to any penalty which may be imposed under any other law. This power assumed by the Minister to depose appointed chiefs was soon exercised, as the cases quoted above indicate. Besides these, the chief of the Mamathola tribe in the northern Transvaal was dismissed in August 1957 after he had resisted Departmental pressure to move, with his people, from land they maintained they had occupied for 200 years. This case will be described in greater detail later. No hereditary (as against appointed) chief has been deposed during the year under review; but, as has been told, chief Moiloa was ordered to desist from carrying out the duties of a chief. The Bapedi Tribal authority which had been set up in Sekhukhuneland during July 1957 was disestablished during November. The members of a tribal authority consist of the tribal councillors: the elective principle is excluded; which means that unless they are appointed by the chief as councillors, the more educated and enlightened Africans play no part in the administration. The appointment of a councillor may, in terms of Proclamation 110, be cancelled at any time if, after an enquiry held by a member of the public service, he is found to be negligent in the performance of his duties, or if his removal is deemed desirable in the general interests of Africans in the area. Tribal levies The system of tribal levies on African taxpayers is being increasingly introduced. On application by a tribe with the Native Commissioner's encouragement, and if the Minister of Native Affairs is of opinion that the majority of the taxpayers in the tribe concerned are in favour, the Governor-General imposes a compulsory levy by Proclamation in the Gazette. Failure to pay then becomes a criminal offence. Voluntary levies may also be decided upon, in which case there is merely a moral obligation upon taxpayers to contribute.

RELATIONS: 1956-57 79 At the end of March 1956, there were 166 compulsory levies and 577 voluntary levies in force(54). During the year now under review, that is, October 1956 to September 1957 inclusive, 66 new compulsory levies were imposed. The periods during which these levies would be in force varied, as did the amounts, which ranged between 2s. and £3 10s. Od. a year, the average being 17s. for men and 10s. for women taxpayers. The main purpose for which the money was required was the erection and maintenance of schools; but other purposes included, in various cases, the erection of a vocational training school or of clinics, road maintenance, provision of fencing or dams, the payment of salaries of tribal officials, or the education of sons of chiefs. The budgets of all Bantu authorities are subject to Departmental approval. Regulations for Regional Authorities (other than in the Transkei) Regulations for regional authorities were gazetted on 2 August 1957. It was laid down that these bodies are to consist of at least nine members (including the head) the number depending on the number of tribal or community authorities in the area concerned. The heads of these bodies will be ex-officio members, they will meet to appoint others, and the remaining members will be selected by the Native Commissioner, all appointments being subject to the Minister's approval. Once more, the elective principle is excluded. If there is a paramount chief in the area, he or his deputy will be head of the regional authority; otherwise the head will be the leading chief if there is one, or a chief selected by the members of the regional authority-again, subject to the Minister's approval. As in the case of the tribal authorities, the appointment of any member may be cancelled if, after an enquiry, he is found to be negligent in the performance of his duties, or if his removal is deemed desirable in the general interests of local Africans. Regional authorities are to be empowered to impose rates on taxpayers of up to £1 a year. Additional sources of revenue will be the local tax paid by Africans in the area, squatters' rents, fees for services provided, fines, donations, contributions by tribal authorities, and any moneys voted by Parliament for wages or agricultural works or other projects. This revenue is to be spent on the administration of the authority, education, roads, bridges, dipping, agriculture, afforestation, clinics or hospitals. The authorities are to meet at least six times a year, an executive committee carrying on business between meetings. The regulations state that no observer other than members of the tribe in the area served by the regional authority, its employees, or Government officials, may attend its proceedings, unless with the permission of the Native Commissioner given after consultation with the head. (54) Report of the Controller and Auditor-General, U.G. 4011956, pages 783/85.

80 A SURVEY OF RACE Tribal or Community Authorities in the Transkei The hierarchy of Bantu authorities to be established in the Transkei was described in our last Survey(5). In that area, only, there are to be four tiers in the pyramid - the tribal (or community), district and regional authorities, and, finally, the territorial authority. A tribal authority will be established in a local area where a chief exists and the society is homogeneous; in other cases there will be a community authority under a headman. There are eventually to be 917 of these bodies: as is stated above, 70 tribal and 44 community authorities have already been set up. It will be recalled that at its 1955 Session the United Transkeian Territories General Council (now the territorial authority) accepted the Bantu Authorities system in principle, but requested that a committee be appointed to consider how best to integrate the council system (which provided for the elective principle) with the new proposals. This committee's report, adopted the following year, formed the basis for a system which differs slightly from that introduced in other areas. The elective principle is retained to some degree in the bodies forming the lower tiers of the pyramid, but, as was explained in our last Survey(6), the direct representation of commoners ceases at the district authority level. Except in Pondoland (the last of the Transkeian Territories to be annexed and incorporated into the council system), the local chief or headman, who is head of the tribal or community authority, appoints at least one-half of its members. Of the remainder, onethird are appointed by the Native Commissioner, and the remainder by African general taxpayers acting in consultation with the head and in such a way as he, with Departmental approval, may decide. In Pondoland, two- thirds of the members are appointed by the Paramount Chief and the remainder by the Native Commissioner. All appointments are subject to official approval and cancellation. The Transkeian Territorial Authority The first meeting of the Transkeian Territorial Authority (previously the General Council) was held during May 1957. There was one notable change: whereas formerly the innermost ring of the horseshoe of seats had been occupied by the magistrates, at this meeting they were occupied by the chiefs, the magistrates sitting in the background and being present in an advisory capacity only. Shortly thereafter, as from 1 July, Mr. L. H. D. Mbuli was appointed as the first African Secretary and Treasurer of the (55) Survey of Race Relations 1955/56. pages 59 et seq. (56) Page 64.

RELATIONS: 1956-57 81 authority. He succeeded Mr. E. W. Pearce, who became the Supervisory Officer of the Bantu authorities in the Transkei. The Field Officer of the Institute of Race Relations attended the first meeting of the territorial authority. His main impression was one of confusion: the chiefs seemed only then to be beginning to realize the full implications of the change. There was an atmosphere of uncertainty and apparently of mutual suspicion among the chiefs(5 7). In the Assembly during May(8) Mr. W. P. Stanford, the Parliamentary representative of Africans in the Transkei, said that he had come to the broad conclusion that the Bantu authorities system had in the main been accepted by the chiefs and headmen since they had little choice, in the face of the Minister's strong desire that they should do so, and because they were dependent for their position on the Minister's pleasure. Speaking generally, the people had not accepted the new system: opposition was particularly noticeable in areas, such as parts of the Ciskei, where tribalism had declined. Criticisms made to him had been the handing over of power, in many cases, to chiefs who lacked the educational background necessary for the handling of public affairs and of public moneys; the selection of members of the authorities, not by ability, but by blood; and the reversion to tribalism, from which many of the people had emerged. The Bantu authorities system might be compared with the European system of local and provincial councils, it was said: acceptance of this system should not preclude direct representation in Parliament. TAXATION OF AFRICANS Proposed increase Except for indigents unable to work and young men attending approved educational institutions, every male African between the ages of 18 and 65 pays a general (or poll) tax at a flat rate of £1 a year. African women do not at present pay this tax. The rate was fixed in terms of the Native Taxation and Development Act of 1925. The Minister of Finance said in the Assembly during April that the Government proposed that women should in future be taxed, and that men should pay increased amounts. The suggested rates were as follows: Taxable income Men Women Up to £180 a year £1 10 0 Nil £180-£240 £1 15 0 £1 0 0 £240-£300 £2 10 0 £2 0 0 £300-£360 £3 5 0 £3 0 0 £360-£420 £4 0 0 £4 0 0 Over £420 £1 for every completed amount of £60 or part thereof. (57) RR 89/1957. (58) 23 May 1957. Hansard 17 cols. 6579/81.

82 A SURVEY OF RACE As a result of representations made by various bodies, opposition in Parliament, and events such as the bus boycott, described later, this proposal was not proceeded with during the 1957 Session. Information elicited by the Institute of Race Relations The Government's intention to increase the rate of African taxation was announced by the Governor-General when he opened the 1957 Session of Parliament, and had been foreshadowed earlier. The Institute of Race Relations prepared a memorandum(5") which was sent early in March to all Members of Parliament and to the Press. The following points were made in this, and in a further memorandum prepared later, when the terms of the Government's proposals became known: 1. African's paid income and provincial taxes on the same basis as did members of other racial groups. 2. In their case the general tax was substituted for the personal tax. 3. The proposed new system for general taxation of Africans was inequitable in several respects: (a) Africans were already taxed for eight years more of their lives than were members of other racial groups. (Africans pay from the ages of 18 to 65, whereas members of other groups pay personal tax from the ages of 21 to 60) (b) The rate of personal taxation was reduced for married White, Coloured and Asian men; but African men paid at a uniform rate, whether they were married or single. (c) It appeared, from the information available, that an African woman would not become exempt from paying the general tax when she married. No married White, Coloured or Asian women paid personal tax. (d) So far as people in the lowest income groups were concerned, the proposed rate of general taxation for African men was higher than was the rate of personal taxation payable anywhere in the Union except for unmarried persons in Natal. (e) Persons in the lowest income ranges, into which most Africans, but very few Europeans, fell, were least able to afford to pay any taxes whatsoever, since practically all of their income was absorbed in expenditure on the absolute essentials of living, and most of them were existing at a standard well below the bread-line. 4. It should not be overlooked that Africans paid further direct taxes, which members of other racial groups were not called upon to pay, e.g. (a) Local tax was paid by occupiers of land in a rural location at the rate of 10s. per hut per annum, up to a maximum of £2. Holders of land under quitrent, persons over 65 years of age, and students attending approved educational institutions were exempt. (59) RR 39/1957.

RELATIONS: 1956-57 83 (b) Compulsory or voluntary tribal levies were in force in numerous areas, and Bantu regional and territorial authorities (and, in the Transkei, also district authorities) were also to be empowered to impose levies of up to £1 a year. A rural African thus might be called upon to pay up to £3 a year to the various authorities (and £4 in the Transkei). (c) Africans in urban areas were required to pay an education tax of up to 2s. a month for lower primary schools, and also to contribute £1 for £1 to the costs of erecting higher and post primary schools. (d) A hospital levy at the rate of 2s. 6d. a year was in force in the Orange Free State and parts of Natal. (e) All new housing schemes in urban areas had been placed on an economic basis (this matter is dealt with in a later chapter of this Survey); and, furthermore, amounts were added to the rentals to cover, almost completely if not entirely, the costs of township administration, and health, welfare and recreation services. (5) Still further payments were made by Africans, e.g. (a) quitrents or squatting fees, and ploughing, dipping, grazing and other fees; (b) dog tax; (c) other contributions to provincial treasuries; (d) a share of import duties, excise, stamp duties, etc.; (e) licence fees and fines; (f) pass and compound fees; (g) purchase of kaffir beer, on which most local authorities made a profit; (h) contributions to churches, missions, welfare services, etc.; (i) value of free labour supplied by tribesmen for the construction of works; (j) African labour made it possible for the mines, factories and other public companies, wool farmers and others to show the profits on which very high taxes were paid by them. The amounts paid by Africans under the various heads mentioned above were, in some cases, not known; but the Minister of Native Affairs had said in Parliament(") that over and above income tax, general tax and local tax (about £3,320,000 a year is paid under these heads), Africans contributed between £30- million and £40-million annually. As was mentioned in our last Survey(") the Native Affairs Department estimated that during the 1955/56 financial year, the State and provincial administrations would spend some £3 1-million (G0) Assembly, 28 March 1957, Hansard 10, cols. 3744/46. (61) Page 92.

84 ASURVEYOFRACE on services for Africans, plus, during that year, £3 -million specially voted for the development of the Reserves. No accurate comparison was possible, the Institute said, of the contributions by Africans with the cost of the services they received; but it was certain that the White section of the population was not subsidizing the Africans to the extent commonly believed - if at all. After pointing out that, according to budgetary surveys, between 69 and 78 per cent. of African families in urban areas had incomes below the minimum necessary to provide the barest essentials of healthy living, the Institute maintained that any increase in taxation could result only in a further decline in health standards, in the efficiency and productivity of African labour, and in African purchasing power. There would be serious repercussions on the economy of the whole country. It was generally accepted in modern societies that the wealthier people should be taxed according to their ability to pay, in order to alleviate the poverty and to increase the productivity of the poor. In no modern, progressive countries were the poor expected to finance their own social services. AFRICAN INSURANCE COMPANY A life insurance company, the African Horizon Insurance Co., Ltd., was launched in the Cape during January 1957 with an initial capital of £100,000. Africans pay a few shillings each week or month to insure their lives for amounts from £50 upwards. Interest developed rapidly, so that within a few weeks African agents were appointed in the Free State, Transvaal, Natal and Eastern Province. The Board of Directors of this company has both European and African members, its chairman being Senator L. Rubin. WITCH DOCTORS AND HERBALISTS Witchcraft Suppression Act, No. 2 of 1957 The Witchcraft Suppression Bill was introduced in Parliament during January. The Minister of Justice, responsible for its introduction, said(2) that the aim was merely to consolidate existing laws and to impose more severe penalties. Sometimes, he said, when an African experienced misfortune or fell ill or died, his friends went to a witch doctor, who named some individual as being a wizard or witch, responsible for the trouble. This person was then often injured or murdered, or else his hut was burned down. In future, if the person responsible for the 'naming' was proved to be a witch doctor by habit or repute(3), (62) Assembly, 28 January 1957, Hansard 2, cols. 244/45. (63) This phrase was added subsequently following a suggested amendment moved by the United Party.

RELATIONS: 1956-57 85 or if murder occurred as result of the 'naming', he would be liable to imprisonment for periods of up to twenty years, or to whipping not exceeding ten strokes, or both. If the person 'named' was subsequently killed it would be presumed until the contrary was proved that he was murdered as a result of the allegation. If he was not killed but he or his property was injured in any way, the penalty for the person who 'named' him would be a fine of up to £500, or imprisonment for a period of up to ten years, or whipping not exceeding ten strokes, or a combination of these penalties. More severe penalties than those previously laid down were to be imposed for persons found guilty of employing a witchdoctor to name someone as a wizard, or of harming or injuring someone on the advice of a witch doctor, or of professing a knowledge of witchcraft to do injury to someone, or of practising witchcraft or fortune-telling for gain and in order to do harm to someone. None of the Opposition speakers opposed the principle of the Bill. The leading speaker for the United Party(4) pointed out that pagan superstitions, which were still to be found even to-day in certain parts of Europe, brought terror into the lives of individuals and in the past had sometimes had far-reaching political consequences. While punitive measures were necessary to suppress the evil practices, the only real solution, he said, lay in the spread of Christianity and in advancement in the scale of civilization. The promotion of these objects, he maintained, would certainly not be attained under the Government's policy of encouraging Africans to revert to tribalism and develop along their own lines. A former Minister of Health(6) said that when he toured the country as Chairman of the National Health Services Commission he found numerous tragedies following in the wake of witch-doctors' advice: people were prevented from seeking advice at hospitals or clinics until it was too late for recovery to be possible. He urged that more should be done in the sphere of health education. Herbalists In an article published in African Studies(6), Dr. H. J. Simons pointed out that in terms of Section thirty-four (a) of the Medical, Dental and Pharmacy Act of 1928, anyone who is not registered as a medical practitioner commits an offence if, for gain, he practises as one or performs any act specially belonging to a doctor's calling. Any person who sells patent medicines or herbs may recommend his wares, and may even advise his customers as to their properties and merits, provided that any charge made is for medicines supplied, and not for diagnosing the disease or prescribing a remedy. (64) Dr. D. L. Smit, M.P., col. 246. (65) Dr. the Hon. H. Gluckman, M.P., cols. 260/61. (66) Vol. 16 No. 2 of 1957.

86 ASURVEYOFRACE These restraints apply also to tribal medicine men and herbalists; except in Natal where those skilled in healing and herbs may be licensed to practise curative medicine among Africans for gain, even to the extent of performing surgical operations. Policy is aimed at their gradual elimination, however: no new licences may be issued unless with the Minister's consent, which is seldom given. There were 322 herbalists practising legally in Natal at the time when Dr. Simons wrote; but, as he pointed out, many others carried on illegal practices. Herbalists sell bark, herbs, bones, skins and other nostrums under a general dealer's licence, and 'patent medicines under a patent medicine dealer's licence. RIOTS AND DISTURBANCES Disturbances that have occurred in connection with specific issues, for example the treason trials or passes for women, are dealt with in the relevant section of this Survey. Newclare. There were further disturbances during December and January of the year under review at Newclare, one of Johannesburg's most evil slums, which is the area that has for so long been terrorized by the 'Russians' - a group of militant-minded Africans of Sotho origin(6"). Troubles at Newclare during the past year, however, have been between members of two rival Sotho clans, the Matsieng and Masupa, rather than between the 'Russians' and Africans of other tribes. A minor incident during December led to fighting, during which numbers of members of one clan were injured. Their supporters poured into the township on the following evening and waged minor warfare against the rival group - knives, knobkerries, sticks, stones, home-made battle axes, pistols and shotguns were used. Eventually the fighting was stopped by the police, one African constable receiving fatal injuries. A further serious clash occurred some six weeks later, many injuries being caused, and one member of the Matsieng clan being fatally wounded. His funeral triggered off another battle in which about a thousand men and women were involved. The homes of some members of the Masupa clan were wrecked and, again, many people were injured. This time the police were forced to open fire before they succeeded in quelling the riot. It was reported that about thirty Africans were admitted to hospital. Vlakfontein General unrest had for some time been simmering at Vlakfontein, the large African township to the east of Pretoria, caused by a variety of factors, one of which was the extremely high trans(17) See Survey of Race Relations 1955/56, pages 97 et seq, for previous history of the 'Russians'.

RELATIONS: 1956-57 87 port charges. Matters were brought to a head in October 1956, when the Location Superintendent, who had been urging the Africans to tidy up their gardens and to build fowl runs of acceptable standard, decided to demolish those fowl runs that were unsatisfactory. Some of the municipal police, whom he ordered to do this, exceeded their instructions and began uprooting trees and plants in the gardens. The women were furious, and some of them stoned the policemen. The following day was a Saturday, when many of the men were at home. Several thousand angry men, women and children gathered for a meeting outside the beerhall, where a European was in charge. Passions mounted and eventually boiled over: the crowd stoned the beerhall, smashed its windows, damaged the bicycles of municipal policemen, and then set fire to the beerhall and to the car of its manager. The S.A. Police were hurriedly summoned: their vans were stoned as they arrived. They poured out of their vehicles and made a baton charge to disperse the crowd: but as soon as they retired the mob re-formed. Six baton charges were necessary before control was established, individual policemen, who found themselves in difficulties, opening fire with their revolvers. Eight police constables and six civilian Africans were injured. Fifteen Africans were later convicted on charges of assault. The Location Superintendent was replaced shortly after the riots; but a committee of inquiry later absolved him of all blame. Langa Police raided a meeting of the African National Congress at Langa township, Cape Town, during February 1957, in order to arrest some nine Africans from other areas who had entered the township without permission. This was highly resented, stones were thrown, and a baton charge was made by the police to disperse the crowd. Wolhuter Beerhall, Johannesburg One evening in August 1957, when most of the customers of the Wolhuter Beerhall near the centre of Johannesburg had already left, supplies of a matured brew of kaffir beer came to an end, and a new brew was served. The customers who remained, some 200 of them, protested about its quality and queued up to demand the refund of their money. Some of them became impatient and threw their beermugs in the air. This mood caught on. The crowd rushed into the street, stoning the beerhall and passing cars. Large numbers of policemen were forced to cordon off the area before order could be restored.

88 A SURVEY OF RACE Daveyton The model African township of Daveyton, Benoni, where the principle of ethnic grouping was first applied, was described in the last editi6n of this Survey(6"). Serious rioting occurred there during March 1957. It was said that a gang of unruly Xhosa children attacked a school serving the Swazi group, killing one of the pupils and injuring two teachers. The children poured out of the building and hundreds of them were soon engaged in fighting. The parents gradually became involved. Before long, thousands of Swazi and Xhosa were engaged in open tribal warfare. At least four, but probably more, were killed. In spite of the efforts of the police, fighting continued for over two days and nights - at least another five people were killed. On hearing that two members of their tribe were amongst the casualties, the Zulus joined forces with the Swazi, while it was rumoured that the Sotho were contemplating coming to the assistance of the Xhosa. Great confusion reigned until the police eventually managed to regain control. The schools were closed; some two thousand Africans stayed away from work; more than that number of women and children sought temporary refuge outside the township. African leaders have expressed the view that the system of ethnic grouping, which accentuates tribal division, was at the root of the trouble. Dube Hostel, Johannesburg (a) The background. It will be recalled(6) that following the passing of the 'Locations in the Sky' Act, Johannesburg Municipality obtained a housing loan for the erection of a cottage hostel at Dube (one of the African townships grouped together to the south-west of the city). This can accommodate 5,152 men. The City Council planned to build further hostels, and meanwhile to use the Dube one to cater for men who were living as sub-tenants in slum areas, or as illegal lodgers in back yards or on the top of blocks of flats, allowing those who had in the past been lawfully accommodated to remain where they were for the time being. But the Minister of Native Affairs insisted that at least half the accommodation should be used for the rehousing of people to be moved under the 'Locations in the Sky' Act - which provided that, unless specially authorized, no owner of a building in the 'White' part of a town may allow more than five Africans to live there. Cf necessity, then, the Council moved large numbers of cleaners and domestic servants to Dube from blocks of flats and offices, hotels and other buildings in the 'White' areas. These men (68) Survey of Race Relations, 1955/56, page 123. (11) See Survey of Race Relations 1955156, pages 124 et seq.

RELATIONS: 1956-57 89 were nearly all Zulus, their class being known colloquially as izicaza. For convenience, the illegal lodgers who filled up the remaining accommodation were also selected mostly from the Zulu tribe. This caused two difficulties. Firstly, it was socially undesirable to place over 5,000 single men in the midst of family dwellings. Secondly, the families in the neighbourhood were of mixed origin. The ill feeling that developed tended to canalize along tribal lines. (b) Riot in May 1957 During May 1957, the Superintendent of Dube Hostel called in the police to arrest certain Africans who were said to be preying on the residents, and to confiscate dangerous weapons that were being collected. About twenty Africans were arrested and taken to the Superintendent's office. Scores of the residents suddenly turned on the police, attacking them with stones and knobkerries, and in the confusion the prisoners escaped. As the crowd grew, the police fired warning shots in the air, then retired to await reinforcements. For a time the Africans continued angrily to stone the municipal offices, smashing hundreds of windows; but, according to evidence given later by the Superintendent(") (at an inquest) he eventually succeeded in quietening the crowd. Then, he said, the police reinforcements arrived, piled out of their lorries, and made a baton charge. At some stage (whether before or during the charge is not clear), stones were flung at the police. Then, again, the Africans turned on the police, who opened fire with revolvers and later with a sten gun. Eventually the Africans were forced to withdraw, dropping large numbers of assorted weapons as they ran. A European constable and twelve Africans were admitted to hospital, and two Africans were shot dead by the police - later, at the inquest, the magistrate recorded a verdict of justifiable homicide. (c) Mounting tension As is described in a later chapter of this Survey, residents of the African townships have for years been preyed upon by the tsotsis - gangs of youths of no specific tribal affiliation. There is a grave state of lawlessness. The tsotsis are particularly active on the trains on Friday evenings, robbing workers returning from the city of their pay-packets. The izicaza (or Zulu 'flat-boys') who had been moved to Dube were not accustomed to this treatment. Lacking adequate police protection, they decided to take matters into their own hands and declared war on the tsotsis. Older residents of the townships learned to avoid travelling on the trains between 6 and 7 p.m. (70) As reported in Rand Daily Mail, 18 October 1957.

90 A SURVEY OF RACE Weeks of tension ensued. The ill feeling that had developed between the izicaza and the families in the township had tended to develop along tribal lines, as is explained above: now the izicaza apparently began identifying the tsotsis and other gangsters with the Sotho people. It is said that they carried out assaults, not only on the tsotsis, but also on law-abiding men, women and children, and that they were encouraged by the fact that no official action was taken against them for doing so. (d) Riot in Dube, Meadowlands and other townships, in September. Fighting broke out on a Saturday afternoon, 15 September 1957, between rival gangs of men armed with knobkerries, iron bars, battleaxes, sticks, and firearms. Suddenly, thousands in Dube, Meadowlands and other townships went beserk, a major battle taking place between members of the Zulu and Sotho tribes near the hostel, in the streets, and between the houses. After some hours order was restored by the police, who used firearms as well as batons. It is alleged by Africans that some of the police firing was indiscriminate, being directed blindly into the grounds of Dube hostel. More than 40 Africans were killed during the riot or died of wounds, and scores more were seriously injured. (e) Action taken after the riot. A series of meetings was immediately held by some sixteen responsible African citizens, among them the Field Officer of the Institute of Race Relations, and concrete suggestions were placed by them before the authorities. As short-term measures they suggested that representatives of the Sotho and Zulu paramount chiefs should be asked to tour the townships, urging their people to refrain from lawless acts (this was done); that the police should concentrate on disarming warring factions before trouble started; that funeral gatherings created potentially explosive situations and should not be held at weekends without police protection; and that meetings in the townships should not be limited to members of one tribe. As longer-term measures, the Africans urged that the system of ethnic grouping, which accentuated tribal division, should be abolished; and that hostels for single men should not be built amongst family dwellings. The Director of the Institute of Race Relations pressed for the appointment of a commission of inquiry; urged the City Council to meet with representatives of the police, the Government Native Affairs Department and the African people, to discuss methods of avoiding further clashes; and once again maintained that if the police had insufficient forces to control the situation, the scheme of civilian guards, under police control, should be revived.

RELATIONS: 1956-57 91 Johannesburg City Council urged the Government to appoint a judicial commission of inquiry. The private secretary to the Minister of Justice replied: "It is considered that in view of previous inquiries, which were instituted when similar occurrences took place, and the known facts of the present events, the establishment of such a judicial commission is unnecessary." The City Council then decided itself to appoint an independent commission headed, if possible by a retired judge, to consider: (i) the immediate causes of the riots; (ii) the root causes of the conditions of unrest in the SouthWestern Native areas which gave rise to the riots; and (iii) what remedial measures may be necessary and advisable to avoid similar happenings in the future. GENERAL RESEARCH Research projects connected with education, employment, health and so on are dealt with in appropriate chapters of this Survey. Some of the more general projects in progress are described below. Afrikaans-English relations S.A. Institute of Race Relations: (i) Causes of friction between Afrikaans- and Englishspeaking people (Study sponsored by the Institute). (ii) A pilot study, in the Bloemfontein area, of the school language medium question and of the reason for the development of parallel English and Afrikaans cultural, economic, welfare, sporting and other bodies. Coloured Affairs Stellenbosch University: (i) Kontak en assosiasie tussen Kleurlinge en Naturelle in Wes-Kaapland. (ii) 'n Sosiologiese studie van vroulike Kleurlinghuisbediendes in Wes-Kaapland. (iii) Aspekte van die houdings van Kleurlinge teenoor Blankes. (iv) Drankmisbruik en misdaad onder Kleurlinge in WesKaapland. (v) Rol-differensiasie in die gesinslewe van die Kleurlinge in Wes-Kaapland, met spesiale verwysing na die vroumoederrol. (vi) Maatskaplike stratifikasie en vertikale mobiliteit onder die Kleurlinge van Stellenbosch. Natal University: Psychological factors in marginality in a S.A. Coloured Community.

92 ASURVEYOFRACE Witwatersrand University: Die wedersydige beinvloeding van die BlankeBantoe- en Kleurling-kulture in Noord-Kaapland. Indian Affairs Potchefstroom University: Die Indifrvraagstuk in Natal, 1870-1914. African Affairs Rhodes University: Study of a mixed community of pagan and Christian Bantu in the Border region. Witwatersrand University: (i) An investigation into educational and occupational differences in test performances on a battery of adaptability tests designed for Africans. (ii) Child-rearing practices and personality development in an urban African community. (iii) African civilization in Southern Africa before European conquest (Study sponsored by the University). University of South Africa: Die verhouding Blank tot Naturel in die Transvaal tot 1902. Institute of Race Relations: (i) Insurance companies operating amongst Africans in Durban. (ii) Reaction of African families in Durban to the carrying of passes. URBAN AREAS LOCAL GOVERNMENT Commission of Inquiry into Local Government (Transvaal) It will be recalled(') that the first interim report of the Transvaal Local Government Commission dealt with licensing. In its second report the Commission suggested the creation of a full-time Board for the Advancement of Local Government; the replacement of municipal standing committees by a single executive committee of the City or Town Council; and the replacement of town clerks by principal officers who would be responsible for the efficient administration of the work of all municipal departments. The third and final report, to which a draft ordinance was attached, was published in July 1957. The Commission considered (1) Survey of Race Relations, 1954155, page 118.

RELATIONS: 1956-57 that this new ordinance should tell municipalities what they may not do "rather than prescribe in elaborate circumlocution what they may do. This would emphasize what is believed to be a fact - that local government is in the hands of responsible citizens who are not likely, except in ignorance, to abuse powers publicly entrusted to them". The Commission considered that present sources of municipal income are inadequate, and recommended that local authorities be granted wider licensing authority, power to levy an entertainment tax, etc. It suggested that the principal officers should be appointed by Town Councils from lists of applicants drawn up by the proposed Board, thus giving the Administrator supervisory powers over the appointment of the key officer to each municipality. One matter was raised that affects Johannesburg very considerably. In terms of a Governor-General's proclamation, the City Council in 1939 set up a municipal social welfare department which has done excellent work. The law advisers subsequently discovered that it had been beyond the powers of the GovernorGeneral to issue this proclamation. In 1946 the city asked the Government to legalize the position, but was informed that until the Supreme Court declared the proclamation to be invalid, Johannesburg could continue its social welfare activities on the assumption that it was not ultra vires. The Commission's view now is that social welfare work should not be entrusted to local authorities unless at least nine-tenths of the expenditure is refunded by the Government. It states, however, that it has been authoritatively informed that the Union Department of Social Welfare would prefer to do the work itself rather than to refund nine-tenths of the money spent by local authorities. The Commission recommends that, if the legal position is not rectified, Johannesburg should be prevented from continuing to spend unlawfully the money of the ratepayers. This caused much concern. A special meeting was called of the Johannesburg Co- Ordinating Council of Social Welfare Organizations, which has 135 affiliated societies. The general feeling was that the city had cause to be extremely proud of its social welfare department; and that far more social work was required, not less. Resolutions were passed urging that the legality of the department be placed beyond question. Public Bodies (Language) Draft Ordinance (Transvaal) A Transvaal Ordinance passed in 1916 provided for the equal treatment of both official languages by local authorities in the province. The Public Bodies (Language) Draft Ordinance, introduced in the Provincial Council in July 1957, sought to introduce a high degree of compulsion.

94 A SURVEY OF RACE It was laid down that where two or more members of a local governing body sent in a written demand to the Town Clerk, the bilingual principle would have to be introduced in all Council minutes, agendas and other documents. In correspondence with the local authority, members of the public could demand the use of either official language. The Administrator was to be empowered to insist that persons appointed to any professional, administrative or clerical post within the municipal service, or promoted to a higher post, should be bilingual: he might require different degrees of bilingualism for officials of different grades and ranks. In deserving cases the official concerned might be allowed a specified period of time in which to become bilingual. An instruction given by an official to any employee that only one language should be used in internal administration would not be binding. Severe penalties were laid down for a Town Clerk who neglected to comply with the bilingual provisions. He might be fined, and dismissed with or without his pension. A member of the Council found guilty of inciting the Town Clerk not to comply might be removed from office and forbidden to seek re-election: the Administrator might even dissolve the Council if the guilt was considered to be corporate. By notice in the Provincial Gazette, the Administrator might apply any of the provisions of the Ordinance to any sports club, welfare body, agricultural association, etc., using or leasing municipal land, or which had received such land as a gift. There was widespread public reaction against this draft Ordinance. United Party members maintained that it was ultra vires the power of the Provincial Council to apply it to voluntary bodies using municipal land. As the Provincial Executive Committee was divided on the whole issue, it was agreed to refer the measure to a Select Committee after its first reading. The Transvaal Municipal Executive submitted a redraft designed to eliminate harsh penalties and to overcome administrative difficulties that were inherent in the original version. GROUP AREAS Legislation and Legal Matters 1. Group Areas Amendment Act, No. 57 of 1957 The Second Reading of the Group Areas Amendment Bill was moved by the Minister of the Interior in the Assembly on 3 June 1957. Its purpose, he said, was to close loopholes and remedy defects in the principal Act, and to facilitate the handling of new problems which had come to light, prior to the introduction of a consolidating measure.

RELATIONS: 1956-57 95 The leading Opposition speaker pointed out(') that the Bill, in fact, introduced new principles and removed safeguards contained in the previous legislation. The Minister had said in 1950 that the Group Areas Act combined the guarantee of future certainty with the minimum of present inconvenience. Far from giving certainty, it had had the effect of dislocating the property market and causing the people incalculable harm and hardship. The Act was now to be amended for a fifth time. It was one of the most complicated and chaotic statutes South Africa had ever known; it was almost impossible for a layman to understand its complexities. Some of the more important provisions of the Amending Act are as follows: (a) Definition of "Occupation" of Land or Premises. This matter has been dealt with in an earlier chapter of this Survey under the heading "Deterrents to Inter-Racial Contact". Briefly, the Governor-General was empowered to declare by Proclamation that, subject to such exemptions as he may specify, any provision of the Group Areas Act relating to the occupation of land or premises will apply also with reference to any person who at any time is present on land or premises in the area concerned: (i) for a substantial period of time; or (ii) for the purpose of attending any place of public entertainment or partaking of any refreshment at a place where refreshments are served; or (iii) as a member of or guest in any club; as if his presence constitutes occupation of such land or premises. This empowers the Minister of the Interior to control all interracial social contacts in clubs, restaurants, hotels, places of entertainment, and so on. Very harsh penalties are prescribed for contraventions of proclamations issued in terms of this section. (See page 28). Proclamation No. 333 of 1 November 1957 brought provisions (ii) and (iii), above, into force. That is, it is now illegal, in a group area or controlled area, for persons belonging to a disqualified racial group to attend a public cinema, or to partake of refreshments in a licenced restaurant, refreshment or tea room or eating house, or to visit any club, except under permit. (b) Occupation of Land or Premises in Group Areas and Specified Areas. (N.B.-Specified areas, which include all urban areas in the Cape, Transvaal and Natal, are areas in which inter-racial transfers of ownership and occupation of property are prohibited except under (2) Assembly, 3 June 1957, Hansard 19 cols. 7027/29. 96 A SURVEY OF RACE permit. The basis for control of occupation is the racial group of the lawful occupant of a property at the date specified in the relevant proclamation). Section four of the principal Act dealt with full group areas. It provided that no disqualified person should occupy land or premises in a group area, except under permit; but certain classes of persons were given unqualified exemption, for example, servants or employees of the State or of a statutory body, domestic servants, visitors for not more than 90 days, hotel guests, inmates of hospitals, asylums, prisons, work colonies, and so on. Other categories of persons were granted qualified exemption, that is, they might, by proclamation, be granted limited or unlimited exemption in the group area concerned. These included employees other than domestic servants and their wives and dependants, and persons in occupation by virtue of a licence issued to the lawful occupier. Section twelve dealt, similarly, with specified areas, but here the list of persons granted statutory or qualified exemption was a slightly longer one. The Minister said(') that every time his Department wished to insert an additional exemption it had to approach Parliament. Moreover, flexibility was necessary. He thus proposed to do away with the lists of categories of persons granted statutory exemption, and to provide, instead, that the Governor-General might, by proclamation, grant exemption from the general prohibition to disqualified persons of any class or group, either generally, or in relation to a particular area or particular premises, laying down such restrictions or conditions as were considered necessary. The list of exemptions, the Minister continued, might vary in different places according to the circumstances. His personal feeling was that it would be possible to grant more exemptions under this arrangement. All proclamations issued would be laid on the Tables of both Houses of Parliament. Members of the Opposition pointed out(4) that this meant that the Minister wished to depart entirely from the statutory protection which Parliament had given to certain categories of persons. He wanted sole discretion to determine to whom he should grant exemption, under what circumstances he should grant it, and the terms and conditions of those exemptions. These would be the most arbitrary powers that had ever yet been vested in any Minister. They moved that the existing exemptions should remain on the Statute Book, and that the Minister be empowered to grant additional exemptions. The Minister replied(') that he was not in favour of retaining all the existing unqualified exemptions. Domestic servants should (3) Cols. 7022, 7079. (4) Cols. 7033/4, 7341. (5) Cols. 7076/78.

RELATIONS: 1956-57 97 not in all cases be exempt. He objected to the employment by Indians, in Indian group areas, of African domestic servants or White employees. Hotels should not be free to admit guests irrespective of their racial grouping. Finally, however, after prolonged debate, the Minister moved an amendment to his original draft, which became law. This provides that: (i) No disqualified person shall occupy land or premises in a group area, or a specified area, except under permit. (ii) Exempt from this provision are servants or employees of the State or a statutory body, visitors for not more than 90 days, guests in an hotel, inmates of hospitals, asylums, prisons, work colonies, inebriates' homes and similar institutions controlled by the State or a statutory body, or established in their present premises before 1950 and in receipt of State aid. (iii) Also exempt are domestic servants of lawful occupiers; but this exemption will apply only if the Governor-General declares by proclamation that it shall apply in respect of a particular group or specified area or part thereof, and then only subject to such conditions as may be laid down in the proclamation. (iv) Also exempt, in the case of specified areas but not group areas, are recruited African labourers in transit, scholars attending a State or State-aided school, and lawful residents of emergency camps. (v) The Governor-General may, by proclamation, exempt further disqualified persons of any class or group, either generally or in relation to a particular area or particular premises, laying down such reservations and conditions as may be deemed fit. While admitting that this amendment was a slight improvement -on the original version, members of the Opposition(') very much regretted that the Minister was not prepared to grant unconditional exemption to domestic servants. Proclamations 328, 329, 336 and 337 of 1957, subsequently issued on 1 November, set out conditions for the exemption of employees. I Domestic servants of lawful occupants are exempt in controlled and specified areas, but, so far as full group areas are concerned, they are exempt only in areas for White occupation. II In all towns and rural townships, other bona fide employees of lawful occupants are exempt for the purposes only of the work they were engaged to perform. (6) Cols. 7581/82. RRK

A SURVEY OF RACE III If, however, the lawful occupant is a trader or conducts a business, other restrictions apply: (i) The manager of the trading concern or business must be of the same racial group as the person or persons on whose behalf it is being conducted. (ii) Whites will not be allowed as employees in Non-White areas or in premises lawfully occupied by Non-Whites. (iii) Other disqualified employees will be exempt as long as they are not employed as charge-hands, executives, managers, supervisors, or in senior professional. technical or administrative capacities. (c) Onus of Proof in, regard to, Racial Grouping. The principal Act lays down (Section thirty-five) that a person: (i) who is in appearance obviously White, or (ii) who is in fact or is generally accepted as a member of an aboriginal race shall for the purposes of the Group Areas Act be presumed to be so until the contrary is proved, and (iii) that a person who is not in appearance obviously a White person, and who is not generally accepted as or is not in appearance a member of the Native group, shall for the purposes of the Act be presumed to be a member of the Coloured group, unless the contrary is proved. In any proceedings under the Act it was necessary for the Crown in the case of criminal proceedings, or the Registrar of Deeds in the case of civil proceedings, to prove that a person was in appearance obviously White or Native or Coloured: to prove, for example, that a person accused of illegally occupying premises designated for Coloured people was in appearance obviously White. The onus then shifted to the individual to prove the contrary if he so wished. But, in the first place, the onus lay with the officials. As members of the Opposition pointed out(7), although exceptions do exist, the basic principle of our law is that the onus lies on the person alleging something against another to prove his allegation. A new principle was introduced when the Act was amended in 1955: the Minister pointed out that some companies were held by European shareholders who were in fact nominees for Indians. Parliament granted him power to declare, in a case where this was suspected, that the controlling interest in the company was held by Indians. The onus then lay with the company, if it wished, to prove the contrary. However, as the Opposition pointed out('), it is not difficult for a company to prove who its shareholders are. (1) Cols. 7039/7378. (8) Col. 7038.

RELATIONS: 1956-57 A more revolutionary change was incorporated in the Amendment Act of 1957 (Section nineteen), which provides that whenever in any civil or criminal proceedings under the Act it is alleged by an official: (i) that any person was at any time an Asiatic in terms of the Act, or (ii) that a person is or at any relevant time was a member of any group (the word "relevant" was included by the Minister at the Committee stage); or (iii) that a company was at any time a company wherein a controlling interest is or was held by or on behalf of or in the interests of an Asiatic, the allegation shall be presumed to be correct, unless the contrary is proved. In reference to the first two of the new amendments, the Minister said(') that for the purposes of the Group Areas Act an Indian woman who marries a Coloured man adopts her husband's group classification, so that they may live in the same area. Should he die, or should they be divorced, she reverts to being an Indian. His purpose, the Minister said, was to facilitate classification in such cases. He considered that there should be this presumption in cases where there was any question as to whether possession was legal or illegal. The onus of proof would lie with the woman; but it was a matter peculiarly within her knowledge. Opposition members said(1) there could not be many cases such as that cited by the Minister; certainly not enough to warrant such a radical change in the law. In terms of the amendments it need only be alleged officially that a person was at any time an Asiatic, or a member of the Coloured group, and the allegation would be presumed to be correct unless it was disproved by the individual. This would provide opportunity for malicious informers to throw accusations, for example, at people commonly accepted as being European, stating that they were at one time Coloured, and were now occupying premises in a European area. The public prosecutor might not always fully investigate the merits of the case before framing an indictment. The onus on the individual concerned to disprove the allegation might be impossible to discharge. An onus was being placed on an accused person to face a double penalty: that of being placed in a racial group carrying fewer privileges, and that of facing a criminal charge under the Act. (9) Col. 7372. (10) Cols. 7371/87.

(d) Further Provisions of the Amendment Bill. Among other provisions are the following: (i) The Minister of Native Affairs now becomes the responsible Minister in connection with 3 bis (undated) group areas for Africans. He already had this responsibility in connection with group areas proclaimed for Africans as from set dates. (ii) An executive committee of the Group Areas Board is to be constituted, to deal with urgent matters. (iii) It is rendered illegal for any member or official of the Board to accept any money or other remuneration from the public, or to disclose information acquired in the course of his duties. 2. The Group Areas Act, No. 77 of 1957 This is a consolidating measure. 3. Definition of Groups Proclamation No. 334 of 1957, gazetted on 1 November, enables the Minister of the Interior, when proclaiming group areas, specified areas, defined areas, and so on, to distinguish between members of the Indian, Chinese, and (in the Western Cape only) Malay groups. Any person who in fact is, or is generally accepted as, a member of a race or tribe whose national home is in India or Pakistan will be deemed to be Indian, or, if his national home is in China, Chinese. Anyone in the Western Cape who in fact is, or is generally accepted as, a member of the race or class known as the Cape Malays, will be deemed to be a Malay. But a woman of any racial group who is married to or cohabits with a member of any other group will, for the purposes of the Group Areas, Act, be deemed to belong to the racial group of the man involved (unless the man is White, when he takes the racial group of the woman.) 4. Competence of the Group Areas Board to Conduct an Inquiry, the Basis of which is its own Proposal When the demarcation of group areas was to be investigated in Ladysmith, Natal, in November 1956, a map showing suggested areas was displayed publicly. On being questioned by a group of Indians, the Natal Group Areas Committee stated that it had prepared the map as a basis for inquiry. The Indians then submitted that the Group Areas Board had no power to hold an inquiry in relation to proposals made by it or by one of its committees, for by so doing it prejudged the issue, or, alternatively, rendered it impossible for the inquiry to be conducted in an unbiased and impartial manner. When these submissions were rejected, the Indians concerned withdrew from further participation in the proceedings, and applied 100 A SURVEY OF RACE

RELATIONS: 1956-57 101 to the Natal Supreme Court for an interim interdict, restraining the Natal Committee of the Group Areas Board from continuing with the proceedings. This was granted. On the return date, however, the Supreme Court rejected the appellants' contentions, as did the Appeal Court subsequently. Group Areas in Johannesburg 1. New Proclamations dealing with Nancefield, Kliptown and surrounding areas A White dairy-farming community of some 323 families lives at Nancefield, about twelve miles to the south-west of Johannesburg. To the north of it is the African township of Pimville, and further north, across the Potchefstroom road, the vast African townships of Orlando, Dube, Meadowlands and so on. To the west of Nancefield are the proclaimed Indian areas of Lenasia and Rietfontein. Surrounding Nancefield are the agricultural area of Klipriviersoog Estate and the racially mixed areas of Kliptown, Munsieville and Race Course. For years the White residents of Nancefield were anxious to retain their smallholdings; but after the sittings of the Group Areas Board some of them urged that the whole area be allocated to Africans. The values of their properties were depreciating, they said, because of the expanding Non-White areas nearby. However, on 18 April 1957, Nancefield, Kliptown, Munsieville, Race Course and Klipriviersoog Estate were proclaimed White group areas, for immediate ownership and occupation within one year. The Group Areas Development Act was applied to Kliptown, Race Course and Klipriviersoog Estate("1). The Minister of Labour is reported to have said(2) that Kliptown and Klipriviersoog Estate would be converted into a light industrial area, which would form a buffer between Nancefield and the African areas to the north. The fears of the White people were thus set at rest: but large numbers of Non- Whites will have to move out. According to 1951 census figures there were 1,246 Asians, 4,152 Coloured persons and 7,500 Africans in the area (excluding Munsieville). The African population has probably decreased, as the families, who were mainly living as squatters, are being moved to the new site-andservice schemes; but it appears that the Coloured population has grown to a considerable extent. Some hundreds are land-owners. As will be shown below, there is literally nowhere for Coloured people to go. (11) Proclamations 108 and 109 of 1957. (12) Speech at Stryddag held in the area, Rand Daily Mail, 24 April 1957.

102 A SURVEY OF RACE 2. The Western Areas of Johannesburg As was described in our last Survey('3), the future pattern for the Western Areas is that the northern section, which includes Sophiatown, is to become White, and the southern section Coloured. Pageview, nearer to the centre of the city, is also to become a White area. (a) Recovery of assessment rates For some years, Johannesburg City Council has been trying to recover assessment rates, sanitary fees and so on, payments of which had been allowed to fall into arrear. Stern action has recently been taken in Sophiatown and other areas: summonses have been issued for outstanding amounts, and if these are not paid by the date specified, the properties are being advertised for salein-execution. This has resulted in much hardship in Sophiatown in cases where the people are unable to pay and are also unable to sell their properties at a fair price. They may be awaiting permits from the Group Areas Board, or may have offered their properties for a certain price to the Natives Resettlement Board. Extensions of time have not been granted even in such cases. The result is that the Resettlement Board, which is usually the buyer in Sophiatown, acquires the properties at much lower prices than it would otherwise have had to pay. (b) Valuation of properties in Sophiatown and Pageview. Strips of land along the east and west of Sophiatown, and along the south of Pageview, were on 3 August 1956 proclaimed White group areas for occupation within one year. This meant that, unless especially exempted, Non-White property owners and tenants would have to move out by 2 August 1957. Non-White property owners were required by 3 September 1956 to furnish the Group Areas Development Board with full particulars - their race and identity numbers, descriptions of the properties, when and how they were acquired, valuation at date of acquisition and at present date, purposes for which the properties were used, mortgage bonds registered, and so on. The Board then drew up a list of affected properties, and valuators appointed by the Administrator determined their 'basic values', i.e. the market value of land and improvements, plus the cost of erection of buildings, less their depreciation, as at 2 August 1956 (the day before the Group Areas Development Act was applied). The attorney who later represented certain Africans before a board of arbitrators maintained(4) that the Natives Resettlement Board (charged with buying up properties in the Western Areas (13) Pages 108 et seq. (1') Rand Daily Mail report, 11 June 1957.

RELATIONS: 1956-57 103 and with resettling the Africans concerned at Meadowlands) had negotiated for sales, so far, only with people badly in need of money, or else had purchased by way of sales-in-execution. The true market values of the properties could, therefore, not be established, he contended. Mrs. Helen Suzman, Member of Parliament for Houghton, Johannesburg, said in the Assembly('") that she had a list of some 24 affected properties owned by Africans. The average value, according to the officially appointed valuators, was £884. A reputable firm of estate agents who made an independent valuation placed the average value at £1,295. The official valuators appeared to adhere as closely as possible to municipal valuations, which were considerably lower than true market values, she said. Numbers of Africans, among them Dr. A. B. Xuma of Sophiatown, lodged objections against the basic values tentatively fixed, and subsequently gave oral evidence before the valuators. A value of £4,000 had been placed on Dr. Xuma's home, which incorporates his consulting rooms, and a stand he owns nearby, whereas he maintained that they were worth at least £7,174. The valuators eventually agreed to increase the basic value to £5,650. (c) Position of Coloured people in the Western Areas. Numbers of Coloured people apparently did leave the buffer strips in Sophiatown and Pageview, but when the date for the final removal drew near there were still 124 Coloured and 13 Malay families, as well as some single persons, in these areas("). There was simply nowhere suitable for these people to go. About one-quarter of Johannesburg's 45,000 Coloured people live in the fully built-up municipal housing schemes at Coronationville and Noordgesig, or at Albertville, the prized Coloured suburb which has been made an undated White area. Of the remainder, according to the Chairman of the City's Non-European Affairs Committee, 18 per cent. live in 'White' areas, 24 per cent. in slum areas around the city, 29 per cent. in Sophiatown, Martindale and Pageview, and 44, per cent. in Alexandra Township. A large proportion is living in desperately overcrowded conditions. The dreadful slum of Newclare, mentioned earlier in connection with riots, has been proclaimed a Coloured area. At the date of the proclamation some 1,500 Indians and Chinese, 1,000 Coloured, 100 Malays and 14,000 Africans were living there. The Africans were mostly in the western portion where the dwellings, mainly corrugated iron shacks, touch one another on each side and are fit only for razing to the ground. New Monteleo was also proclaimed a Coloured area. This is an unattractively sited empty stretch of ground where the land was (15) 20 May 1957, Hansard 17, col. 6353. (16) Information given by Chairman of the Group Areas Board, Star, 30 July 1957 zoned for industrial purposes and is consequently very expensive. The Development Board is still in the process of negotiating for the purchase of land there. Unless the Coloured people in Sophiatown and Pageview were to become squatters in peri-urban areas, or to move illegally into 'White' areas, literally their only choice was to move into the small, filthy hovels at Newclare vacated by Africans being moved to Meadowlands. Representatives of the Institute of Race Relations investigated the position and reported("7). "We saw a respectable Coloured man, a welder, and his family, moved from a six-roomed house in Maraisburg, vainly trying to make four tiny rooms, formerly let singly or in twos, habitable. When we saw him, he was attempting to mend holes in the floor. The condition of the dwelling beggars description. There is one communal tap and communal lavatories to serve residents of a number of dwellings. "We interviewed a highly respectable middle-class Coloured man and family in a pleasant well-furnished threebedroomed house of their own which they built in 1933. The house and stand were in excellent repair and it was obvious that house, garden and yard had had much careful attention lavished on them. The market value of the property as valued by an independent valuator is at least £1,500, but the official valuators have put it at £700 for the house and £100 for the stand, £800 in all. The owner has appeared before the Resettlement Board twice to object to the valuation, the second time with his lawyer, but to no avail. The Resettlement Board disclaims any responsibility for finding alternative accommodation, and advised the man to sell at £800, invest the money, and use the interest to rent at Newclare, presumably one of the slum properties. It would be difficult to imagine more callous advice, and it will be quite impossible for this man, now aged 53, to start all over again given only half the real value of his property. He is quite prepared to move if he has to provided he is given proper compensation and the possibility of alternative accommodation of comparable standard. "We have information which we have no reason to doubt to the effect that the miserable conditions in Newclare are being made even more wretched by the 'Russians' recently moved out. These blame the Coloured families for ousting them and are coming back demanding 'protection' money (as much as £5 a time) from them under threats of extreme violence for failure to pay". (17) RR 11711957. 104 A SURVEY OF RACE RELATIONS: 1956-57 105 Further hardships being experienced were that the payment of compensation money was often delayed; and that, in some cases, workmen arrived to demolish houses at Sophiatown before the families had moved out. (d) Position of Chinese and Indian people The Chinese people were, if possible, even worse off than the Coloured, since no group area has been set aside for them in Johannesburg. According to the Minister of Native Affairs("8), notices were served on 70 Chinese families in the Sophiatown buffer strips, requiring them to vacate their premises by 1 January 1957. As a result of representations made by the Chinese Consul-General this date was extended to 31 March, but each family was required to sign an undertaking to move before then. It was, indeed, difficult for these families to know what to do. Their menfolk were almost exclusively traders, and they could not obtain permits to trade elsewhere within the municipal area. Some of them crowded in together with relatives or friends living in other parts of the city - presumably losing their means of livelihood. Those who could find nowhere to live were offered temporary occupation of slum dwellings vacated by Africans in the central part of Sophiatown. One man, whose wife was imminently expecting a baby, decided to defy the removal order, as the temporary dwelling offered him had no front door, broken windows and floors, grimy walls, and would have to be shared with another large family. It was, apparently, only as a result of urgent representations by City Councillors and others that the home of this family was not demolished over their heads: they were finally allowed to stay until the wife was fit to be moved. About 84 Indian families remained in the buffer strips of Sophiatown and Pageview when the final removal date, 2 August 1957, drew near. Their position was equally difficult. Lenasia and Rietfontein had been proclaimed Indian areas; but these are about 22 miles out of town, stands at Lenasia are extremely expensive, and Rietfontein has not yet been laid out. (e) Action by the City Council and the Institute of Race Relations During May 1957, the Johannesburg City Council sent a memorandum to the Minister of the Interior, urgently requesting the suspension of action under the Group Areas Act, at any rate until satisfactory alternative accommodation and/or trading sites were available. The Council asked the Minister to receive a deputation; but as he was ill he did not do so. The Institute of Race Relations (Southern Transvaal Region), made representations to the Minister, the Commissioner for (18) Assembly, 26 April 1957, Hansard 13 cols. 4856/57.

106 A SURVEY OF RACE Coloured Affairs, the Natives Resettlement Board, the Group Areas Development Board, the City Council and individual Members of Parliament, urging that the removal be delayed until comparable alternative accommodation was available, and until adequate compensation had been paid (and not merely promised). A Press campaign was arranged. The Chairman of the Group Areas Board then announced that in cases where people had nowhere else to go, relief would be granted if individual applications were made in time. The merits of each case would be investigated. As the removal date drew near, there was a meeting between the Mayor and representatives of the municipal Non-European Affairs Department and the Institute of Race Relations. The procedure for obtaining and submitting application forms was ascertained. The Mayor made a public statement advising affected families about the procedure to adopt; and the Institute of Race Relations distributed copies of this statement to the families concerned and, where necessary, assisted them to fill in the forms. Again the Press co-operated in bringing particular cases of hardship to the public notice, and in publicising the Mayor's statement. As a result, the office of the Transvaal Committee of the Group Areas Board was inundated with application forms. It was then announced that all those who had submitted applications would be granted an additional twelve months within which to move. (f) Position of the Africans in the Western Areas Africans are slightly better off than are members of other groups in that the Natives Resettlement Board is obliged to find alternative accommodation for those legally resident in the Western Areas. Legal residents are given the choice of moving to the new housing scheme at Meadowlands, or of building for themselves at Diepkloof. Building loans are available. In some cases the Resettlement Board has erected dwellings at Diepkloof at the request of African families who elect to go there. The Municipality is assisting illegal residents by moving them to site-and-service schemes. The vast majority of the tenant families are undoubtedly better off at Meadowlands or Diepkloof than they were in the slums of Sophiatown. But property-owners are hard hit. Again, inadequate compensation has been offered, payment is often delayed, and, of course, they will not obtain freehold rights in the new areas. (g) The Rathebe test case Except for visits overseas, Mr. J. R. Rathebe has resided continuously in Johannesburg since 1900, In 1921 he acquired free,

RELATIONS: 1956-57 107 hold title to a stand in Sophiatown and gradually saved up money to build a comfortable, modern house with two garages for his cars. At present he earns about £1,000 a year. He estimates that the value of his property is £3,500- but official valuators placed it at £925. On 25 May the Resettlement Board sent him a notice calling upon him to vacate his home (which is in one of the buffer strips) by 11 July. He was offered the choice of a house at Meadowlands or a vacant plot at Diepkloof; but no particular house or plot was specified. When he instituted proceedings to have the notice set aside on the ground of vagueness, the Board conceded its invalidity, and, on 29 July, served him with another notice, calling upon him to leave by 24 September, and, this time, specifying the house and plot between which he could choose. Mr. Rathebe then applied to the Witwatersrand Local Division of the Supreme Court for an order declaring the notice to be of no force or effect, and restraining the Board from ejecting him. The Board's offer, he contended, was not a genuine one and was, therefore, not valid. The house offered him at Meadowlands was small and had no bath, no internal doors, no garage, and inadequate plumbing. It was completely inadequate for the reasonable requirements of himself and his family, taking into consideration his position and station in life. Furthermore, as he was not obliged to take any action until after receipt of a valid notice, the offer of a building site at Diepkloof was useless to him, as he could not provide alternative accommodation for his family there within a period of two months. A reasonable period of time should have been allowed. The judge held that the notice had not given Mr. Rathebe "a proper election", and was thus defective. He made an order restraining the Board from taking any steps to eject Mr. Rathebe in pursuance of this notice. A reasonable period of time must be allowed, he ruled, to enable an African to complete the erection of another house if he elected to do so. In addition, the alternative accommodation offered must be reasonable, having regard to the requirements of the African and his household. The notice issued had been defective in that it did not allow a reasonable period of time. It was thus unnecessary, the judge said, for him to consider whether, if the notice had been in proper form, it would nevertheless have been defective because the house offered at Meadowlands did not furnish adequate accommodation for Mr. Rathebe and the members of his household. Numbers of African property-owners in the buffer strips of Sophiatown had been sent notices similar to Mr. Rathebe's, and about fifty of them had received summonses to appear in criminal courts for failing to vacate their properties by the due date. These actions were not proceeded with, and the removal notices were

108 A SURVEY OF RACE withdrawn. The Resettlement Board noted an appeal to the full Bench of the Transvaal Provincial Division of the Supreme Court. 3. Indian areas in Johannesburg As was mentioned in our last Survey(9), the Government decided in 1956 to expropriate Lenasia, owned by a private company, as a group area for Indians. By that time 499 of the stands there had been sold to Indians. Sworn appraisers employed by the company valued the remaining stands at between £654,000 and £794,000; whereas the Group Areas Development Board put the value at between £190,000 and £213,000. At the time of writing, the matter had been taken to arbitration. Meanwhile, further sales to Indians had been held up. Part of the farm Rietfontein, adjoining Lenasia, was also proclaimed an Indian group area but has not yet been developed. The central areas of Johannesburg, including predominantly Indian areas such as Ferreirastown, City and Suburban, parts of Fordsburg, Newtown, Burghersdorp, Marshallstown, Wolhuter, Ophirton, etc., have not yet been zoned. Asian traders have vested rights in some of these areas, specifically protected by past legislation. Existing ownership was frozen in 1951. Since then, Indian overcrowding has become intensified. Because of the uncertainty as to the future, the City Council has since 1949 had to hold in abeyance applications by Indians to erect buildings in the central area. In May 1957 it informed the Group Areas Board that it intended reviewing these applications. As the Board gave no conclusive indication of the future of the areas, the Council decided to permit the erection of shops, warehouses and flats for Asian occupation on two stands in Ferreirastown. But, during the following month, a proclamation was issued(") making almost every Indian-owned stand in the central areas a 'defined area' - that is, the Group Areas Board's permission must be obtained before anyone may erect, extend or alter a building on these stands. A few permits only have, up to the time of writing, been issued to Indians, in cases where firm building contracts had been placed before the proclamation was gazetted. 4. Further Non-Whites required to move by 2 August 1958 By 2 August 1958, the remaining Coloured, Malay, Indian and Chinese families in the buffer strips of Sophiatown and Pageview will have been required to move, unless a further extension of time is granted. In addition, many Non-White families of all groups will have been required to leave Newlands; and large numbers of Indians and Chinese will have been displaced from Newclare. The African removal scheme will be continued. (19) Page 110. (20) Proclamation 167 of 1957, dated 21 June.

RELATIONS: 1956-57 Group Areas in Cape Town 1. Areas for Whites The broad picture that emerged at the hearing of the Group Areas Board in Cape Town was described in our last Survey("). It was suggested, inter alia, at this hearing that the entire area from the Atlantic coast, across the mountains and inland to the suburban (Cape Town-Muizenberg) railway line should be reserved for Whites. The first group areas proclamations for Cape Town, Nos. 190 and 191 of 1957, were gazetted on 5 July 1957. They did not deal with the whole of the area mentioned above: the strip along the railway line in the north, and the entire built- up area in the south, where most of the Coloured and Asian residents of these parts live, were excluded. So far therefore, the proclamation is far less drastic than were the proposals. The area allocated to Whites is largely mountain and forest land; but there are large residential suburbs in the north-east of it (Tamboers Kloof, Gardens, etc.), and along the north-west and west borders (Sea Point, Clifton, etc.) These suburbs are mainly inhabited by Europeans; but there are scattered Coloured homes, especially above Newlands Avenue on the lower slopes of Devils Peak. Numbers of Coloured families, living in pleasant, tree-lined suburbs, will have to move out within two years: the exact number is not known. Also allocated to Whites were Pinelands, and Boston Estate near Bellville, for immediate ownership and occupation within one year. These are already European residential suburbs, thus few Non-Whites will be affected. 2. Areas for Coloured people The Matroosfontein - Bishop Lavis area is proclaimed for Coloured ownership and occupation within one year. This is an area south of Elsies River, (which is just off the main railway line to the north) and is almost exclusively occupied by Coloured people at present - there are two large Coloured housing estates there. Also allocated to Coloured people, for immediate ownership and for occupation within three years, are the Elsies River area (north of the area described above), the Athlone area (south of Pinelands, on the Cape Flats), and the Duinefontein area (inland from Athlone, with a stretch of land in between which is allocated to Indians). The Group Areas Development Act has been applied in all these areas. Duinefontein is mainly undeveloped; but the other two areas are already overwhelmingly Coloured in make-up. In both of them, however, there are considerable numbers of Indian traders who will be displaced, as will also about 40 White business-men from Athlone, who employ Coloured assistants. (21) Pages 112 et seq. The import of the proclamation described below can be seen from the maps on pages 9 and 10 of The Group Areas Act-Its Effects on Human Beings, published by the Institute of Race Relations in November 1956.

110 A SURVEY OF RACE 3. Area for Malays. The so-called Malay Quarter, also known as the Schotsche Kloof area, is proclaimed for ownership by Malays and occupation by them within five years. The length of this latter period indicates that large numbers of people of other racial groups will have to move out: their numbers are unknown. The Development Act has been applied here, too. 4. Area for Indians The Rylands area, between Athlone and Duinefontein, has been allocated to Indians, for ownership and for occupation within three years. Again, the Development Act has been applied. Rylands is at present mainly bush and sand-dune country, with a small built-up portion occupied chiefly by Coloured people, although a few Indian traders have their businesses there. The apparent intention is that it is to become the shopping- centre for the Coloured areas which will surround it. But a small proportion only of the Indian traders in Cape Town would be able to make a living in this way, and the Coloured areas will not be fully developed for some time. The future of the centre of the city and the areas along the suburban railway line, where many Indian traders have their businesses, has not yet been decided. If these people, too, are forced to move to Rylands, the situation for the Indians of Cape Town will be disastrous. No group area has yet been proclaimed for the Chinese. Further Group Areas Proclaimed during the Past Year 1. Carolina (Eastern Transvaal) As far back as 1902 Indians arrived in what was then but the hamlet of Carolina, to trade with farmers, and settled in an undeveloped area just to the north of the homes of the Whites. Over the years, the White area has expanded to surround the Indian stores, which are now scattered along the main street. The Indians handle a large proportion of the trade of the town, White competition not having proved very successful, and they have carried many White farmers and others through difficult times. The traders and their families now number a little under two hundred. In terms of Proclamation 130 of 1957, dated 17 May, the Indians are within four years to move their homes as well as their shops to an undeveloped area, about three-quarters of a mile out from their present premises - and this despite the fact that there are still vacant stands for Whites in the main street. Not a single White person will be required to move.

RELATIONS: 1956-57 2. Lydenburg (North-Eastern Transvaal) Circumstances in Lydenburg are very similar to those in Carolina. Again the Indian community, numbering about 160, is a long-established one, dependent on trade. Again, in terms of Proclamation 175 of 1957, dated 28 June, they are being required within four years to move their homes as well as their shops, some of which are extremely well-built, to a hilly, undeveloped area nearly a mile out of town, and about three-quarters of a mile away from a main road. A group of Coloured people will, thus, be displaced. As the whole of the present town has been proclaimed a White area, further Coloured people-teachers, transport workers and so on - will have to move from there. No area has yet been set aside for them. The Indians will lose a school and mosque they have built in the town. 3. Other towns Group areas have also been proclaimed for White and Coloured people in Aliwal North (Cape), for Whites in Leeuwdoornstad (Eastern Transvaal), for Africans in Groblersdal (Central Transvaal), for Whites and Africans in the districts of Vereeniging and Vanderbijl Park, and in Nylstroom (Northern Transvaal). Proposals for Group Areas made during the Past Year 1. West Rand There are about 1,196 Indians in Roodepoort-Maraisburg, 700 in Krugersdorp, 57 in Randfontein, and approximately 250 in periurban areas around these towns. All of the working adults are traders or shop assistants. They own property worth over £2-million, and have a combined annual turnover of almost £1-million, their trade being mainly with White customers. They have built good houses and flats, a large proportion of which are sited on blocks of land allocated to them, they thought permanently, in terms of recommendations by the Feetham Commission. They have also raised the money for sports clubs, mosques and schools-in Roodepoort-Maraisburg there are nursery, primary and high schools serving the surrounding area. The Indians have been law-abiding and good citizens. When Roodepoort- Maraisburg was cut off during the 1922 strike, for example, they opened their shops and invited the Whites to take what they wished without payment. They did the same after a tornado in 1948. Yet certain Whites have resented their presence: twice in the past there were abortive attempts to organize boycotts of the Indian stores.

112 A SURVEY OF RACE When a committee of the Group Areas Board visited the West Rand in November 1956, all three town councils proposed that, except for townships to serve the Africans and Coloured people, their entire municipal areas should be proclaimed White. No land whatsoever within the municipal boundaries should be allocated to Indians. They suggested that the Indians should all move out to Lenasia, to join Johannesburg's Indians. Lenasia is about 15 miles from Roodepoort-Maraisburg, 23 from Krugersdorp, and 25 from Randfontein. 2. Germiston The original suggestion of the Germiston Town Council was that the Indian community of about 2,000 should be permitted to retain the Asiatic Bazaar, where most of them now live. However, since 1953 when this suggestion was made, there has been a change in attitude. At a meeting held in October 1957 the Council recommended to the Group Areas Board that, subject to the acceptance by other East Rand towns of a joint-planning regional scheme, the Indians living in Germiston should be moved to a portion of the farm Rietvallei No. 186, in the district of Heidelberg, about 14 miles outside Germiston. The Town Council further recommended that, if the cooperation of other East Rand towns could not be obtained for this plan, (and it appears likely that this will not be forthcoming) then it be left to the Group Areas Board to decide where the Indians of Germiston should be permitted to live. 3. Vanderbijl Park and Bronkhorstspruit The Town Councils of Vanderbijl Park and Bronkhorstspruit, too, have proposed that their entire Indian communities should be required to leave the municipal areas. These communities number about 64 and 93 persons respectively. 4. Durban The zoning plan for Durban adopted by the City Council in 1952, and the recommendations made by the Group Areas Board to the Minister of the Interior, were outlined in our last Survey(22). (a) Clairwood. The Group Areas Board made no suggestion in regard to Clairwood, which is to the south-west of Durban Bay. It is increasingly becoming an industrial and commercial area, where Indians as well as some Whites have established shops, garages, (22) Page 111. Also see maps and text in The Group Areas Act: Its Effects on Huham Beings, published by the Institute of Race Relations. RELATIONS: 1956-57 113 and furniture, clothing and other factories. It was, however, an exempted area under the 1946 Asiatic Land Tenure Act. Indians have lived there for some 70 years, and about 25,000 of them still live in dwellings attached to or beyond the shops and factories. Most of them own their land in freehold. They have established temples, mosques, schools and burial grounds in the area. The Technical Sub-Committee of the City Council originally suggested that Clairwood should be zoned for general business. Later, however, in October 1956, the City Council decided to recommend that it should become an undated White area for industrial use. This view was not supported by the Regional and Town Planning Committee, (a Provincial body), which considered that a large portion of Clairwood should be retained for Indian residential purposes. The City Council decided to appeal to the Administrator. The Natal Coastal Region of the Institute of Race Relations made urgent representations to the Administrator, and sent copies of a memorandum(") to every City Councillor and to the Press, urging that no action be taken which would disturb the Indian residential and trading rights and community facilities. The City Council's proposal introduced a completely new principle, the Institute pointed out - that there should be racial segregation in industrial as well as in residential areas. Already 55,000 Indians were likely to be displaced from other parts of Durban in terms of the Board's proposals to the Minister. A housing scheme was being provided at Wentworth-Merebank, but this would not be adequate to cater for the backlog, the normal increase in population, and the displaced persons. Sites at Reservoir Hills, an area likely to be allocated to Indians, were inaccessible and very expensive. It would be a disastrous step to decide on the displacement of a further 25,000 Indians from Clairwood, the Institute maintained. The Administrator subsequently upheld the Regional and Town Planning Committee's view that part of Clairwood should be retained for Indian residential purposes. The City Council has not yet disclosed its revised plan. (b) The central city area Early in 1957, the Durban City Council proposed zoning the central area of the city to preclude residential development. Much of this area is predominantly Indian-owned and occupied, and, if the whole of it were devoted to shops and offices, there would, as yet, be insufficient demand for these. The Indian community and the Natal Coastal Region of the Institute of Race Relations protested against the threatened further (23) N.C.R. 40/1956 dated 14 November. RRL

114 A SURVEY OF RACE serious curtailment of Indian residential rights. Eventually the City Council reached a compromise decision: that up to three storeys of any buildings in the central city area might be used for residential purposes. 5. Paarl Three different sets of proposals for the zoning of Paarl (about 36 miles from Cape Town) have been advertised by the Western Province Committee of the Group Areas Board. Strong objections against the first set were voiced by both the European and the Coloured ratepayers' associations when the Committee held its first sitting there in May 1956. It then advertised two further schemes, and again visited the town in September 1957 to hear evidence. According to all three schemes, the basic idea is that most of the present municipal area should be allocated to Whites, and that Coloured people should move east, across the Berg River, on to almost entirely undeveloped land. Whites would, however, be allowed to retain their township of Bella Vista across. the river(4). Three areas were, however, advertised for Whites or for Coloured: the White township of Charleston Hill across the river, and two predominantly Coloured-occupied areas in the extreme north and south of the municipal area. In evidence before the Committee, the Paarl town-planner and land surveyor gave the following figures illustrating the effects of the proposals: Number of people affected Value of property affected White Coloured White Coloured 1st set ...... 513 10,230 £250,000 £887,000 2nd set ...... 83 10,260 £86,000 £887,000 3rd set ...... 3 11,580 £44,000 £1,059,000 The town planner and representatives of the Town Council said that Paarl could accommodate three times its present population within the existing municipal boundaries without any extension of the municipal services. It would, thus, be uneconomic to develop further townships across the river, especially as the suggested sites were on expensive farm land. Again, both the European and the Coloured ratepayers' associations opposed the proposals. 6. Grahamstown Relations between the various racial groups have been very harmonious in Grahamstown, where a considerable degree of residential segregation already exists. In acknowledgment of their loyalty in two frontier wars, the Government in 1847 set aside (24) See map on page 11 of The Group Areas Act: Its Effect on Human Beings, op cit.

RELATIONS: 1956-57 115 freehold villages for the Coloured people and Fingos (Africans). The Fingo Village became one of the four exempted areas "approved for the residence" of Africans. As the Coloured village is not large enough, numbers of Coloured people have for many years lived in the older parts of the town itself. Further African townships have been developed beyond the Fingo Village. A few Indians and Chinese live in the town, carrying out very valuable work as traders, and running laundries, the Non-White cinema and a bus service for Africans. The municipality was most unwilling to draw up zoning plans; and when it finally did so under protest, these were more or less in accordance with the existing situation. The Group Areas Board then drew up its own plans, which were advertised in May 1957. The Board proposes that all Coloured people should move out of town: besides their homes they would lose three churches and halls (used as school buildings), and an orphanage. Furthermore, the core of the Coloured village itself is zoned "European or Coloured and/or Indian and/or Chinese". All the Chinese and Indian people would be uprooted and moved out of town. Part of the Fingo Village is earmarked as a buffer zone. This contains good housing - the leaders of the African community live there - and the only Non- White cinema and entertainment hall, eight cottage homes for the aged, and a tuberculosis hospital. The Joint Council for Europeans and Africans of Grahamstown campaigned against these proposals, and all interests there have united in opposition to the plan. 7. Rustenburg Proceedings at the first sitting of a Committee of the Group Areas Board in Rustenburg were described in the Survey of Race Relations for 1954/55("). The Town Council proposes that the 900 Indians be moved to an area 2- miles out of town, where, the Council itself concedes, the soft soil makes building difficult. Were the plan implemented, the Indians, who are dependent on trade with the Whites, would be ruined. Thirty-seven White residents of the town submitted a counter-proposal - that the Indians be left where they are, with room for expansion. When the Committee revisited Rustenburg in October 1957, the Catholic and Anglican priests and Methodist minister all maintained that the Town Council's plan was highly unjust. An aged Indian woman said that she had lived in the same house, originally built on farm land, since 1887. President Kruger had traded with her husband and had sometimes eaten meals in his store. (25) Page 104.

116 A, SURVEY OF RACE Counsel for the thirty-seven White residents accused the Town Council of creating a prejudicial atmosphere in some of the documentary evidence it had submitted. He asked that witnesses be called to substantiate this evidence, in order that they might be cross-examined. When this request was refused, he walked out of the proceedings in protest. ESTABLISHMENT OF NEW INDUSTRIAL TOWNSHIPS ON THE WITWATERSRAND During April 1957, the Minister of Native Affairs again refused to sanction the establishment of a new industrial township in Boksburg, on the grounds that some of the land already proclaimed for industrial purposes on the Witwatersrand had not yet been developed, and that if further industrial townships were created, African housing difficulties would be intensified. This whole matter was fully described in the Survey of Race Relations for 1954/55(26), where the Minister was quoted as having said that in order to protect the future of South Africa, new industrial development should take place increasingly in the vicinity of the reserves. Established concerns would, however, not be required to move from existing industrial areas: in fact, the country would pass through a transition stage during which development would continue there, on land already approved for industrial use. REMOVAL OF AFRICANS FROM THE WESTERN PROVINCE The official proposal that all Africans should eventually leave the Western Province of the Cape was dealt with in the Survey of Race Relations for 1954/55(27). In March 1957, in reply to a question in the Senate, the Minister of Native Affairs said(28) that 1,490 African families had so far been removed from the Cape Peninsula, 327 from Paarl, 28 from Wellington, 300 from Worcester, 53 from Stellenbosch, 203 from the Stellenbosch Divisional Council area, and 285 from the West Coast. In addition, 2,881 African women who entered the Cape Peninsula area illegally had been ordered to leave. 'LOCATIONS IN THE SKY' The provisions of the Natives (Urban Areas) Amendment Act of 1955 dealing with 'locations in the sky', and developments during the first months of their implementation, were described in our last Survey("9). Briefly, the relevant section of the Act provides that no owner of a building in a proclaimed area shall permit more than five Africans to reside in that building unless special permission has been obtained. (26) Page 88. (27) Page 90. (28) 19 March 1957, Senate Hansard 9 cols. 2241/42. (29) Pages 124 et seq.

RELATIONS: 1956-57 The Johannesburg Municipality built a hostel at Dube, where at least half of the accommodation was to be reserved for Africans who would have to be removed from blocks of flats and offices, hotels, clubs, and so on. During June 1957 a further hostel was opened at Nancefield. Africans, moved to these hostels certainly lead a more normal life than do occupants of rooms at the top of blocks of flats. On the other hand, the accommodation (planned in accordance with requirements laid down by the National Housing and Planning Commission) is very austere. Designed, as it is, for the labouring classes, it is quite unsuitable for single men who are teachers, students or clerical workers. The Africans moved out to the hostels have to spend some hours daily in travelling and, in Johannesburg for example, incur additional costs amounting to some £3 a month in train and bus fares and meals. Numbers of employers have increased the wages of the employees concerned to compensate for this; but such an arrangement is not always possible. During June 1957, Johannesburg dairymen were informed that their milk delivery men, housed in compounds near the dairies, would have to move out to the new hostel at Nancefield. They begged for an extension of time, pointing out that additional costs these men would incur would amount to about one-quarter of their wages. A new wage determination would be essential. But the dairymen, operating on a very narrow margin, would not be able to pay higher wages and, at the same time, commence contributing to the Natives Services Levy Fund. The price of milk would have to be raised. The Minister of Native Affairs then decided that an exception to his general policy might be made in the cases of 'special-type' employees such as African workers in the dairy industry. He proposed that the Johannesburg Municipality should build a hostel within the 'White' area, on worked-out mining ground, to accommodate the 800 milk delivery men. During August 1957 the Transvaal Director of Education informed principals of urban colleges and schools that after the end of the year the number of Africans permitted to live on school premises will have to be limited to two, unless special permission is obtained. HOUSING The Housing Act, No. 10 of 1957 The Housing Act of 1957 was largely a consolidating measure, but, as the Minister of Health said when introducing the Bill(°30), it sought also to provide better and more extensive facilities to cope (S0) Assembly 7 February 1957, Hansard 3, cols. 766/7.

118 A SURVEY OF RACE with the growing housing problems of the country. The basic principle of previous legislation was retained, that is, that the provision of housing for the lower income groups is the joint responsibility of local authorities and the State. Normally, the local authority will undertake the erection of housing schemes, the State providing the necessary loan funds; but in exceptional cases the National Housing Commission or Bantu Housing Board, to be set up in terms of the Act, may itself carry out schemes. The aim, the Minister said, would be to ensure that houses were built at minimum cost, with the most essential facilities only; but at the same time to ensure that certain minimum standards were maintained. Home ownership would be promoted. The main features of the Act are as follows: (a) National Housing Fund A National Housing Fund is to be created. The Natal Housing Board and provincial housing loan funds will be abolished, and their monetary assets (including sums owing on existing schemes) transferred to the central fund (except that money advanced to the Natal Housing Board by the Natal Administration will revert to that Province). The Fund will pay interest to the Treasury on its capital, which will consist of moneys transferred to the Fund or appropriated by Parliament. Audited accounts will be placed before Parliament annually. Members of the Opposition welcomed the provision that unspent balances of annual appropriations would no longer revert to the Consolidated Revenue Fund. (b) National Housing Commission A National Housing Commission (to replace the National Housing and Planning Commission) is to be established, consisting of between 11 and 13 members with specialized knowledge appointed by the Minister of Health, at least one of whom shall be a woman. A National Housing Office is to be set up in Pretoria. (c) Bantu Housing Board A Bantu Housing Board is also to be established to deal with housing for Africans. It will consist of six members appointed by the Minister of Native Affairs. The Chairman will be the Chairman of the National Housing Commission, and other members will be the Under-Secretary (European Areas) and Under-Secretary (Native Areas) for Native Affairs, a member of the Native Affairs Commission, a person with experience in local government, and an architect or engineer or quantity surveyor with experience of municipal affairs. This Board and the National Housing Commission will have the same accounting official.

RELATIONS: 1956-57 119 Members of the Opposition(3") opposed the creation of a Bantu Housing Board, maintaining that housing, and especially housing for the less privileged sections of the community, should be under the control of the health authorities. It was undesirable and uneconomic, they said, to have two separate bodies. The Minister of Health replied(2) that, on the contrary, it would simplify matters to have a separate Bantu Housing Board under the Minister of Native Affairs, since this Minister was already responsible for the approval of sites for locations and African housing schemes, and had control over the expenditure of services levy funds, the disposal of profits from sale of kaffir beer, and so on. The leader of the Natives' Representatives moved that at least two African members should be appointed, or preferably elected, to the Board; but the Minister replied that this was not practicable at the present time. (d) Powers of the Commission and the Board Powers of the National Housing Commission are set out in detail in the Act. So far as African housing is concerned, these powers will be exercised by the Board. After consultation with the Administrator of the province concerned, the Commission may make loans to local authorities, for periods up to 50 years, for economic or for assisted housing schemes (in the latter, the Fund will bear losses in respect of interest payable on the loan funds). The purchase price of the site may be included in the sum borrowed. Before approving any advance for an economic scheme, the Commission may require the local authority concerned first to make reasonable provision for the housing of the poorest section of the community in the area in which the scheme is to be carried out. In the case of assisted housing schemes, the Commission may require local authorities to conduct surveys of the incomes of all persons living in the dwellings concerned. If there are persons living there who have incomes above the limits prescribed by regulation, the Minister may direct that a higher rate of interest on the loan funds than that originally determined shall be paid. The Commission may also grant building loans to individuals, and loans to smallholders who have full ownership of their holdings to enable them to lay on water for domestic purposes; and it may also assist building societies to enable them to grant individual loans. Individual building loans will be granted on first mortgage (to be passed in favour of the Commission) over the land on which an approved dwelling is to be constructed. Income limits within which borrowers shall fall in order to qualify will be laid down. If a borrower fails to pay amounts due, or to make reason(,1) Assembly 11 and 19 February 1957, Hansard 4. col. 948, Hansard 5, col. 1396. (12) Hansard 3, col. 770.

120 A SURVEY OF RACE able progress with the construction of the dwelling, or to comply with other conditions laid down, the Commission may recover the amount due by court action, or else, after giving 42 days' notice, may take possession of the property. The Commission may itself construct dwellings, and with the Minister's approval may purchase or expropriate the necessary land. It may require the nearest local authority to provide services for the housing schemes it constructs; and may conduct surveys of residential accommodation in any area. Provision is made for control of building materials, if necessary. Among criticisms made by members of the Opposition were the following(3): (i) There was great need for the revision of income limits set for the occupation of dwellings in assisted housing schemes. The present limits were well below accepted figures indicating the minimum family expenditure necessary for health and decency. (ii) In cases where a borrower failed to comply with the conditions of his loan, the Commission should obtain a judgment or order of court before taking possession of the dwelling. The new measure made it possible for the courts to be by-passed. (e) Powers of local authorities Powers of local authorities are also set out in detail in the Act. They may borrow money for housing purposes from the Commission, or, with the Administrator's approval, from any other source. - From these funds they may make housing loans to utility companies and other bodies or to individuals; and they may themselves construct dwellings within their areas of jurisdiction or (with the approval of the Minister or the Administrator according to the circumstances) outside their areas. The Minister may delegate his powers under this section to the Commission or Board. With the approval of the Minister of Finance, the Minister of Health may enter into an agreement with a local authority in terms. of which any loss incurred in carrying out or maintaining a housing scheme is apportioned between the State and the local authority. A member of the United Party pointed out(4) that in terms of the Bill as drafted, it would be impossible for local authorities to grant building loans to Africans, since the security of a first mortgage bond over the land was required, and it was contrary to Government policy to permit Africans -to own land in freehold title in urban areas. This would make home ownership schemes (33) cols. 944/5, 1428/30, 1432. (s) cols. 1488/9.

RELATIONS: 1956-57 impossible. He moved an amendment, which was accepted, specifying that local authorities might advance money to Africans for the construction of dwellings on land owned by the local authority concerned, and might dispose to them of the right of occupation of municipally built houses. (f) Demolition of dwellings In terms of the Act, dwellings within the area of jurisdiction of a local authority may not be demolished or used for other than residential purposes without the Minister's permission, unless exemptions are granted. The Minister may delegate his powers under this section to any member of the Commission. Income Limits Entitling Africans to Live in Assisted Housing Projects at Sub-Economic Rentals Assisted housing projects for Africans exist in a number of the larger towns. Some were built under the old I per cent. scheme introduced in 1936: that is, the Government made money for subeconomic housing available at 3 per cent. interest, on condition that the local authority, in fixing the rentals, incurred a loss equal to one-half of that borne by the Government in view of the low rate of interest charged. The basis for these loans was altered in 1944. They were made available at 31 per cent. The rentals were not to exceed ten per cent. of the capital cost of the schemes, and the loss was shared between the Government and the local authority in varying proportions according to the rental charged. Then, in 1949, the new Government reverted to the basis of granting loans at 3 per cent. interest, but allowed local authorities to fix the rentals in such a way that they incurred no losses. These assisted housing projects, it has been decided, must be reserved for the poorer families. African families with incomes of under £15 a month in areas where wages for the building trade are regulated, otherwise of £12 1Os. Od. a month, pay sub-economic rentals as previously calculated. Then, for each 10s. per month by which their income rises above these limits, 3s. a month is added to the rental, until the full economic rent is payable. A householder's income is defined as his earnings together with one-half of the income of each of his children residing with him and the full amount paid by any lodger, up to a maximum of £4 per month per child or lodger. Defined in this way, the income is often lower than the actual family income, as the earnings of the wife are excluded. In Benoni in 1953, for example, 72.0 per cent. of the African families had incomes of under £15 a month when calculated according to the Government formula, but 60 per cent. when all sources of income were included. 122 A SURVEY OF RACE Even when allowance is made for this, however, the fact remains that the poverty datum line is much higher than £15 a month. This matter is taken up again in a later chapter of this Survey. Realizing this, the Johannesburg Municipality has recently raised the sub- economic level to £20 a month, itself bearing the loss (amounting to some £49,000 a year) on rents paid by families with incomes of between £15 and £20. The sliding scale is applied above the £20 level. The Municipality, of course, also shares with the Government the remaining losses. A difficult situation arose in Pretoria during the year under review. The only housing scheme there built with sub-economic funds was at Atteridgeville, to the west of the city. White labour had been used to construct the houses, which were, therefore, expensive, and each house had individual sewerage, water and electricity. Rentals had been fixed at a low rate. The annual loss to the Government and the local authority was £44,770. It was felt that this was far too high; and, as from the beginning of 1957, Atteridgeville was converted to an economic scheme - that is, rentals were raised to an economic level. Large numbers of cheaper houses had, meanwhile, been built at Saulsville, nearby, and at Vlakfontein, about twelve miles out of Pretoria to the east. It was considered that the poorer families should move to these dwellings, and that the more well-to-do should be enabled to buy or lease the Atteridgeville houses. But the rentals at Saulsville and Vlakfontein, although only a little over half of those at Atteridgeville according to the new scale, were still higher than the rents the people had been paying previously. Consequently, of 1,532 families at Atteridgeville, only 93 decided to move, and the rest were soon in arrears with their rent. But the families in the cheaper houses also found it difficult to pay. Wage-levels are low in Pretoria. Even before the rents were raised at Atteridgeville only 22 per cent. of the families there had incomes of £15 a month or over. The minimum wage for unskilled workers, according to a determination which is very much out of date, is £8 12s. 3d. a month including cost-of-living allowance. The Municipality alone employs some 4,000 men paid at these rates. Vlakfontein and Saulsville are economic schemes, which means that there is no subsidization of rents and the sliding scale does not apply. Most of the families that moved into Vlakfontein came from squatter camps or 'black spots' to the east of the city. Eastwood, one of these 'black spots', is a township where for many years freehold title has been available to Africans. Although the Group Areas Board has not yet announced its recommendations, it appears certain that this will become a White area. Meanwhile, tenant families are being moved to Vlakfontein, and prosecuted if they refuse to go. Many of these families are extremely poor.

RELATIONS: 1956-57 123 In an endeavour to cater for them, the Pretoria Municipality built some two- roomed houses which the people could extend when they could afford to do so. But as the foundations for four rooms were laid at the start and as the charge for services was the same irrespective of the size of the dwelling, the rent was only about 10s. less than for the four-roomed dwellings (£2 6s. 5d. as against £2 16s. Id. a month). Consequently most of the families elected to have a more convenient four-roomed house, and by the end of August 1957, about 300 of the smaller ones were standing empty. The Municipality now intends itself extending them. Not only were these rentals high in proportion to the incomes of the people, but also the transport charges into town make a large hole in family budgets. Although it is subsidized, the company running the buses charges 8d. per trip, which works out at about £1 14s. 8d. a month. The train fares are, at present, even more expensive. By September 1957, the 10,000 African families in Pretoria were just on £60,000 in arrears with their rentals. Some owed as much as £30, and it would obviously be quite impossible for them ever to wipe out this debt. Legal proceedings were instituted against many families; but due to pressure of normal work the courts could handle only about six cases a day and they, too, would obviously never catch up. The Institute of Race Relations and the Pretoria Joint Council of Europeans and Non-Europeans pointed out to the Native Affairs Department and to the Municipality that, rather than being forced to write off large sums that could not be collected, it would be preferable to subsidize rentals until such time as wage- levels reached the breadline. Early in October, the Pretoria Municipality adopted a suggestion made by the Joint Council, agreeing to grant tenants remission of that portion of their rent which exceeds one-fifth of the family income. Losses so incurred will be met from the kaffir-beer profits account. This is a step forward; but, unlike Johannesburg, Cape Town, East London, Port Elizabeth and other cities, Pretoria still attempts to make its Native Revenue Account self-balancing. Financing of Housing Schemes In the Budget for 1957/58, an increased amount was voted for housing. The amount allocated to the Housing Commission was increased from £10 -million to £1 1-million. In addition, an amount of up to £1-million was guaranteed to enable building societies to advance 90 per cent. instead of the usual 60 per cent. for house building. Section thirty-five (b) of the Native Laws Amendment Act (Act 36 of 1957) provides that the Minister of Native Affairs may declare that any urban area, or portion thereof, or area in the vicinity, shall be regarded as a location for the purposes of Section nineteen (3) (bis) of the Urban Areas Act. (This deals with expenditure from the Services Levy Fund.) The Minister explained(35) that services are badly needed in places like Alexandra (a township) and Evaton (a released area), which are not locations within the ordinary meaning of the law. As the law stood, money from the Native Services Levy Fund could only be expended to provide services for locations, consequently an African living in Alexandra, for example, but employed in Johannesburg, did not receive the benefit of the levy paid by his employer. The amendment would make it possible for such contributions to be handed over to the local authority in control of the area where the African worker lives. Progress Made with African Housing Schemes (a) The Witwatersrand The local authorities of numbers of towns have been kind enough to furnish the Institute of Race Relations with information about their housing schemes for Africans. This information is summarized in Annexure III. Extraordinarily rapid progress has been made on the Witwatersrand, where some 16,000 family dwellings have been erected during the past year, about 13,000 are under construction, and about 27,500 more are planned for the next two or three years. In addition, hostels to house 17,500 men were built, a small hostel is in course of erection, and further hostels to house about 11,000 men are planned for the near future. There is still a considerable shortage of housing in most of the towns concerned; but this is being rapidly overcome in many of them. Benoni, for example, has overtaken present needs, Johannesburg intends to do so by the end of 1959, the housing project at Meadowlands is making swift progress, and Germiston is planning a vast new housing scheme to cater for Africans from the northern part of its own area as well as from smaller local authority areas in the neighbourhood. The Johannesburg Municipality is erecting housing at quite unprecedented speed, to cater for illegal lodgers, squatters from peri-urban areas, slum-dwellers, and men from 'locations in the sky'. During the past year it built 7,154 family dwellings and a hostel for 5,000 men, close on 9,000 houses are in the course of erection, and about 11,000 more are to be built within the next two years. Two fruit trees are planted in each garden before the new tenants move in. The Benoni Municipality has maintained its very rapid rate of progress: the dwellings it provides are furnished with individual electricity supplies. Besides planning the new (35) Assembly, 21 March 1957, Hansard 9, col. 3220. 124 A SURVEY OF RACE

RELATIONS: 1956-57 125 township mentioned above, the Germiston Municipality is engaged in an energetic housing programme at Natalspruit. Although in most of the Witwatersrand towns the local authorities are themselves erecting housing on stands in the siteand-service schemes, in some areas - Johannesburg, Germiston, Roodepoort-Maraisburg and Krugersdorp for example - further stands are being serviced on which Africans may themselves erect temporary or permanent dwellings. Some new hope has recently been given to the old-established residents of the desperately overcrowded Alexandra Township, to the north of Johannesburg. The Minister of Native Affairs said in Parliament(36) that it was not the intention to remove this township completely, but to reduce the number of inhabitants to reasonable limits. The township was suitable for the accommodation of about 30,000 people, he said, but anything between 95,000 and 115,000 were living there. Local authorities of surrounding towns would have to undertake responsibility for the housing of Africans employed in their areas but at present living in Alexandra. As was noted earlier, Clause 35 (b) of the Native Laws Amendment Bill, which became law, provided that contributions to the Native Services Levy Fund from employers of Africans living at Alexandra should be handed over to the Alexandra Health Committee for the provision of roads and link services. In the Supplementary Estimates, tabled in the Assembly on 3 June, £100,000 was set aside for a loan to the Peri-Urban Health Board to enable it to provide services and to buy properties at Alexandra. (b) Other areas Pretoria and Port Elizabeth, too, are maintaining very rapid rates of progress in the provision of housing for Africans. Both local authorities still have an immense task ahead of them in rehousing people from slum areas, squatter camps, or areas from which Africans are to be removed. The Native Laws Amendment Act (Clause 28) enabled the Minister of Native Affairs to control the acquisition of land in African areas which are likely to be handed over to Whites - for example Lady Selborne and Claremont in Pretoria, and Charlestown in Natal. If a European purchases land in such an area, he will not be permitted to re-sell it to an African. It was mentioned in our last Survey that African propertyowners (but not tenants) at Lady Selborne are to be given the opportunity of purchasing lots in an area which is to be proclaimed an African village, some miles to the north of Pretoria. The Minister of Native Affairs said in Parliament(37) during February that African owners of land in the Port Elizabeth municipal area (31) Assembly, 21 March 1957, Hansard 9, col. 3221. (37) Assembly, 8 February 1957, Hansard 3, col. 802. who undertook to dispose of their properties to purchasers approved of by the Group Areas Board would be given the right of purchase in the Bethelsdorp area. Very large new African housing schemes are planned in the Vereeniging area, and at Duffs Road, to the north of Durban. The latter scheme has for various reasons been held up for some time, and meanwhile, the shortage of housing in that city becomes more and more acute. The Cape Town municipality is shortly to commence work on a family housing scheme at Nyanga West. Rapid progress is now being made in East London and Kroonstad; progress is being maintained in Kimberley and Bloemfontein; and some of the smaller towns, for example Barberton and Queenstown, are doing excellent work. Numbers of other towns are planning new schemes. (c) Complicating factors and difficulties In a number of areas, for example the Port Elizabeth Divisional Council area, housing schemes are held up pending group areas decisions. In other towns, for example Dundee and Springs, the local authorities are faced with the task of removing Africans from existing townships as well as that of catering for those inadequately housed. The congestion in African areas frequently proves to be far greater than the local authorities concerned realized, so that new housing schemes as at first planned prove to be quite inadequate in size. This has been the case in Port Elizabeth, where the numbers living in Korsten were very much under-estimated. It was also the case in Queenstown, where Africans are being removed to a new township. Although two-thirds more houses than those in the old location were provided, these proved to be quite insufficient in number. It is, as yet, too early to judge how successful the policy will be of creating vast African townships outside the major cities, divided into ethnic group areas. One major difficulty, at present, is the transport question. These townships are considerable distances away from the cities they serve. The provision of new, subsidized railway services is planned; but meanwhile existing transport services are seriously overcrowded, many people are forced to walk long distances to the nearest station or bus-stop, and the fares absorb too high a proportion of the worker's income. Another major difficulty is the fact that the rentals charged, being on an 'economic' basis in all the new townships, are beyond the means of very many of the families. Excellent work has been done in the reduction of building costs; but experience is proving that a large majority of African families cannot at present afford to pay 'economic' rents. The position that arose in Pretoria re- 1i26 A SURVEY OF RACE

RELATIONS: 1956-57 127 cently has been described earlier in this Survey. It appears that a similar situation is likely to arise in Durban, in connection with the new housing scheme at Duffs Road. (d) Site-and-Service schemes It is mentioned above that, in order to avoid the emergence of slums, numbers of local authorities are themselves erecting dwellings on stands in site-and-service schemes. At the inception of the site-and-service plan, numbers of authorities expressed the view that slums would result if Africans were moved on to serviced plots, provided with small loans when necessary for the erection of temporary shelters, and then left to build their own permanent dwellings within five years. That these fears were not groundless was proved by an official article published in Bantu in June 1957. There had been complaints, it was stated, that certain site- and-service schemes were little, if at all, better than some of the squatter camps from which the people had been removed. A new circular had, thus, been issued to local authorities specifying that site plans should be adhered to: dwellings should face the future streets, and only one family should be permitted to occupy each stand. The erection of hessian shacks and hovels was to be prevented. The five-year period for the erection of permanent housing was to be regarded as a maximum, not a minimum. Local authorities were encouraged themselves to erect the housing. Housing for Coloured people and Indians The Native Laws Amendment Act provided (Clause 26) that Coloured people living in African locations or villages must move out as soon as the Minister of Native Affairs is satisfied that suitable accommodation or serviced plots of land are available elsewhere in the urban area, and at the latest by the end of 1962 (unless this period is extended in particular cases). Such compensation as the Minister, after consultation with the local authority concerned may direct, will be paid. Gradual progress with the provision of housing for Coloured people is being made in Kimberley, Cape Town and other areas; but in most towns little or nothing can be done pending demarcation of group areas. The Cape Town municipality provided 922 dwellings during the past year, and 1,195 more are shortly to be built. The remaining shortage is estimated to be 12,000 dwellings. As a result of representations by the Cape Eastern Regional Committee of the Institute of Race Relations on the highly unsatisfactory housing conditions in the Coloured village of Windvogel, near Port Elizabeth, considerable improvements are to be effected.

The Indian areas of most towns have for long been desperately overcrowded, partly because of the extended family system, but mainly because of the restrictions on Indian ownership and occupation of fixed property. Except in Durban and Pietermaritzburg very little, if any, additional housing has become available during the past year. The Durban Municipality has been extending its Indian housing scheme at Springfield. 152 semi-detached dwellings were built during the past year, and, in addition, 103 Indians were granted building loans. Although no group areas have yet been proclaimed in Pietermaritzburg, it appears to be likely that the scheme suggested by a Planning and Reference Committee will be adopted: in terms of this, all Indians would be moved to the north-east corner of the city and to an area extending outwards from this. The Municipality has embarked on a letting and home ownership scheme for Indians at Northdale, adjoining Raisethorpe, in this area. It will eventually cater for 1,100 families. At present 100 economic and 114 sub-economic houses are under construction, and 103 plots are being laid out for sale. PROVISION OF TRANSPORT SERVICES FOR URBAN AFRICANS Railway Construction Act, No. 49 of 1957 The Railway Construction Act, debated in the Assembly during June 1957, provided for the construction of railway lines to serve the new African townships of Duffs Road, north of Durban, and Kaalfontein, between Johannesburg and Pretoria. It also provided for the construction of new connecting lines to serve Africans in Cape Town and on the Reef. Any losses on these lines will be met from the Consolidated Revenue Fund. State Expenditure on new railway lines to serve African townships The Minister of Native Affairs said during March 1957(38) that £4,255,958 had been authorized, and £1,528,290 spent to date, on the construction of new railway lines to serve Africans living in the townships to the south-west of Johannesburg. Also, £4,066,000 had been authorized and £115,945 spent on the construction of lines to Nyanga in the Cape. A restaurant for Africans, with African chefs and waitresses, has recently been opened at Johannesburg station. THE BUS BOYCOTT Putco Putco (the Public Utility Transport Corporation) was formed in 1945 when a number of private operators amalgamated their bus services. It transports more than 15,000 Africans daily between Alexandra Township and Johannesburg, 5,000 between Sophiatown (ss) On behalf of Minister of Transport. Senate, 18 March 1957, Hansard 9, cols. 2199/2200. A, SURVEY OF RACE 128 and Johannesburg, 5,000 between Lady Selborne and Pretoria, and smaller numbers between Eastwood and Mooiplaas and Pretoria, and Alexandra Township and Germiston. Also, pending extension of the railway lines, it transports more than 20,000 workers daily between Moroka and Johannesburg, and between Nancefield station and Moroka, Jabavu and Dube townships. Putco is owned by some 440 shareholders, African and European. It is by law permitted to declare a dividend of six per cent., and can, if profits allow, declare an additional bonus of one per cent. It has to pay licence fees, income tax, and ordinary trade rates for fuel and oil. It is, thus, not a true utility company. However, it is doubtful whether a utility company could run the services very much more cheaply: it would have to pay interest amounting probably to six per cent. on its loan capital. Putco has always been well-known for the fair and generous treatment it affords its employees, the vast proportion of whom are Africans. Over the years, the salaries of these employees have been raised, and the costs of fuel, spares, and so on have risen. In 1952 the company announced that fares would have to be increased unless some financial assistance was forthcoming. For two years a State grant was provided, and then, after the Native Services Levy Act was passed, of the contributions by employers in Johannesburg and Pretoria, the entire proportion allocated to transport was paid over to Putco. This amounted to an average of about £200,000 for each of two years. Putco estimated that for the financial year ended 30 June 1957 it would require a subsidy of £311,000 if fares were not to be raised; but it transpired that only £200,500 would be forthcoming(9). The proportion of the Services Levy Fund which could be allocated to transport was fixed by law, and it was also laid down that contributions paid in one town could not be diverted to meet the needs of another area. Towards the end of 1955, Putco raised by one penny the cash fares payable during weekends and on public holidays. Then, during December 1956, it announced that the week-day fares would also have to be raised by one penny on certain routes. The local transportation boards in Johannesburg and Pretoria had agreed to this increase. The commencement of the boycott Members of the Alexandra Standholders and Vigilance Committee visited the manager of Putco to protest that the people could not afford to pay larger amounts. The increase, in the case of Alexandra Township, was from 4d. to 5d. a trip: this meant that a man working a six-day week would now have to pay about £1 ls. 8d. a month out of his salary, which, for unskilled workers (39) Minister of Transport, Assembly, 24 January 1957, Hansard 1. cols. 12718. RELATIONS: 1956-57 129 paid at minimum rates, was only £8 16s. 7d. including cost-of-living allowance. (Workers in Pretoria were even harder hit since the distances to be travelled were greater and the average wages lower.) However, the Africans were informed that Putco had no alternative but to raise the fares. The Alexandra People's Transport Action Committee was then formed, and similar bodies were set up in Sophiatown, Lady Selborne, Eastwood and other areas affected. They later established a federal body, the Witwatersrand and Pretoria Co-Ordinating Transport Council. They appealed to the Road Transportation Board against the decision to increase bus fares; but were told that the appeal could not be heard until the next meeting of the Board at the end of January. The Africans in the areas affected then decided to boycott the buses as from 7 January. After the first day the response was virtually 100 per cent. in the case of Alexandra Township, practically so at Sophiatown, and very great indeed at Lady Selborne, Eastwood and Mooiplaas. From about 3 a.m. streams of Africans began the long trudge into town - nine miles or more in the case of Alexandra residents. Those who could afford to do so bought bicycles, used taxis, or walked a lesser distance to a municipal bus terminus, and a few firms sent transport for their workers; but the large majority walked. Some private European citizens helped by giving lifts. The leaders were anxious that there should be no disturbances. The people were asked to walk in twos and threes, and to remain calm. During the first days of the boycott there were two incidents only: when the police dispersed a group of women who were stoning the buses at Mooiplaas, to the west of Pretoria, and also a crowd at Eastwood, east of Pretoria, who were alleged to be assaulting a few individuals who did not observe the boycott. Putco maintained skeleton bus services, but the buses were virtually empty. Official action to 17 January 1957 Employers were extremely anxious about the likely physical and psychological effects of the boycott on the workers. The Johannesburg Municipality, the Johannesburg Chamber of Commerce and the Transvaal Chamber of Industries formed a joint committee which held discussions with Putco officials, with the Road Transportation Board and with African boycott leaders. They then decided to wait upon the Minister of Transport as soon as possible after his return from overseas. Immediately upon his return, the Minister announced that the boycott was a political movement, and that the Government would not be intimidated. He met the representatives of industry, commerce and the Johannesburg Municipality, who suggested that a 130 A SURVEY OF RACE

RELATIONS: 1956-57 131 commission should be appointed to investigate the Africans' economic circumstances, and that, meanwhile, urgent legislation should be introduced requiring employers to refund to the workers an amount equal to any increases in the fares charged for public transport. The Minister said that the Government was not prepared to intervene. The boycott must be broken. Employers could help to bring it to an end by refusing to pay for time not worked by the boycotters. If they wished to increase wages to cover the higher cost of transport, that was their own affair: he was not prepared to introduce legislation compelling them to do so. He had instructed his department to take action against any person contravening the Motor Carrier Transportation Act. The spread of the boycott On 20 January, some 20,000 Africans at Moroka, Jabavu and Dube joined the boycott of Putco buses in sympathy with the others, although their fares had not been raised. The next week, the Alexandra-Germiston service was also boycotted. By then, some 45,000 people were involved. Further sympathetic boycotts of other bus lines, partially effective for short periods, were arranged in Randfontein, Port Elizabeth, East London and Brakpan. Africans in Bloemfontein and Worcester boycotted their buses too, partly in sympathy and partly for reasons of their own. Official action during the next two months The appeal by the African bodies to the Road Transportation Board was dismissed on 22 January. The Pretoria Joint Council of Europeans and Non-Europeans gave evidence about the poverty of Africans in that city. In the Assembly on 24 January the Minister of Transport repeated(4") that the boycott must be broken. It was a political movement, he said, launched by the African National Congress to test its strength and to find out how much support and discipline it could exact from the Bantu through intimidation. The Government would countenance no concessions. The Minister appealed to "all the thousands of law-abiding Natives" who were not in favour of the boycott to repudiate their leaders. He made a statement in similar terms on 6 February, after a member of the Labour Party had moved in the Assembly that the second reading of the Part Appropriation Bill should not take place until the Government had made arrangements to restore the old bus fares, pending the appointment of a commission to investigate the economic circumstances of the Africans. (40) Hansard 1. cols. 131/2.

132 A SURVEY OF RACE A few days later, discussions took place between representatives of the Departments of Transport and Native Affairs and certain Africans, who were not personally involved in the boycott. These Africans, too, suggested that the old fares should be restored pending a thorough investigation of the whole position; but the Minister subsequently reiterated that the boycott must be called off before any further steps were taken. Immediately after the Minister's return, the police began stopping private cars in which any Africans were travelling, questioning the drivers, ordering the production of their licences, and prosecuting those who were carrying too many passengers, or were suspected of accepting remuneration. African passengers were required to produce their papers, and were arrested if these were not in order. African taxi-drivers were prosecuted if they were suspected of contravening the law in any way. So were lorry drivers not in possession of licences to carry passengers. A ban was placed on the operation of taxis outside the municipal area, which meant that the passengers had to alight about a mile from Alexandra Township. About a hundred Africans were arrested for crossing an intersection on foot against the robot before 6 a.m., when there was little, if any, traffic. Mass police raids were conducted in Alexandra and other townships, and in municipal hostels where men were sleeping illegally to avoid having to walk all the way out to Alexandra. The Minister of Justice said later(41) that, besides a small number of Europeans, 6,606 Africans had been arrested, while another 7,860 were warned and subpoenaed to pay arrear taxes. Of the cases pending, 451 were in connection with the laws concerning transportation, motor vehicles or roads, 13,402 dealt with taxes, passes, trespass and so on, and 314 were criminal charges. The police had found 25 wanted criminals. Members of the Opposition pointed out(4") how large a proportion of the arrests were for petty offences. Disturbance at Lady Selborne Numbers of the residents of Lady Selborne, outside Pretoria, decided to walk about a mile to the station in order to travel by train while the bus boycott was in progress. For a short time the train service was augmented; but then by official instruction the pre-boycott service was restored and no train tickets beyond a fixed number were sold. Africans not in possession of tickets were not permitted to pass barriers to the platforms. On 28 January a meeting was called by the leaders to urge that the boycott be continued, despite the reduction of the train (41) Assembly, 6 March 1957, Hansard 6, col. 2267. (42) cols. 2270/71, 2402.

RELATIONS: 1956-57 133 service. About 5,000 people attended. The police, who had heard that a meeting was to be held, then arrived and told the leaders that, as they had not obtained permission, the meeting was illegal and the people must go home. An official of the postal department began disconnecting loudspeakers which had been assembled on telegraph poles. Missiles were then thrown at the police, a bullet narrowly missed the postal official, and the police made two baton charges. Seventeen Africans later received hospital treatment for injuries. On the following days, Africans from Lady Selborne were stopped by the police as they left for work, and ordered to produce their documents. Nearly three hundred people were arrested on various charges. Attempts to find a solution The establishment of a joint consultative committee representative of the Johannesburg Municipality, commerce and industry, has been mentioned above. This committee held numerous discussions with representatives of the Government and with groups of Africans. It continued to press for the setting up of a commission to investigate the economic circumstances of the Africans. Consultations took place between the Johannesburg Joint Advisory Board and the boycott leaders. Several private individuals, prominent among them the Bishop of Johannesburg, worked tirelessly to try to find some solution. The Johannesburg Municipality decided to appoint a cost and management consultant to investigate the lowest possible income on which an African family could live in health and decency. He placed this level for a family of five at between £18 Is. 7d. and £23 13s. 8d. a month, the variation being due to the fact that costs of different items, for example rent and transport, vary in different townships. The average income required to provide the barest essentials of subsistence was about £21 a month. (The Institute of Race Relations considered this to be an under-estimate). As a result, the City Council decided to increase the wages of its daily-paid labourers by 6s. a week (this matter is further discussed in a later chapter) and to subsidize the rentals of all African families in Johannesburg with incomes below about £21 a month. The Institute of Race Relations sent a deputation to meet the Deputy Commissioner of Police for the Witwatersrand, urging that action against motorists transporting Africans, and pass raids on Africans walking to work, be called off. The Institute also sent a statement(3) to all Members of Parliament and to the Press. It considered, it said, that whatever (43) RR 2511957, dated 1 February

134 A SURVEY OF RACE additional grievances lent strength to the boycott movement, its starting point was economic: the additional burden of 2d. a day to an underpaid working class population, the majority of whom could never balance their budgets, meant a further deprivation of food for undernourished families. Various budgetary surveys were quoted in support of this statement. The boycott could, thus, not be dismissed as a political movement, the Institute maintained. It urged the appointment of a judicial commission of inquiry and, meanwhile, the restoration of the previous fares. Ultimatum to the boycotters Putco was losing about £76,000 a month as a result of the boycott. The Government made available loans of £16,000 from the Services Levy Fund and £64,000 from the Treasury, and later, another interest-free loan of £230,000 was provided. But the company could not continue to lose money at this rate. On 18 February it announced that if the boycott was not over by 1 March, the buses would be permanently withdrawn and disposed of. The Motor Carrier Transportation Amendment Act, No. 52 of 1957 The Minister of Transport then introduced the Motor Carrier Transportation Amendment Bill, which provided that whenever the holder of a motor carrier certificate had partly or wholly discontinued any transportation service authorized in that certificate, the Minister might prohibit the Transportation Board from authorizing any person to provide an alternative service, and might direct that no other transport service to cater for the passengers previously carried should be authorized otherwise than in accordance with and subject to such conditions and restrictions as the Minister might determine. In his introductory speech(") the Minister repeated his contentions that the boycott was a political movement, and that the African National Congress was trying to test its strength, (exercised mainly by intimidation) and its organizing ability, with a view to future and more drastic action. He was determined to meet that threat, he said. After the Minister had introduced the Bill, the Leader of the Opposition moved(45) that it be read that day six months. He made five points: (i) When the boycott started, the right step for the Government to have taken would surely have been to conduct an investigation into the ability of Africans to pay increased fares. There was an economic background of poverty and hardship. Budgetary surveys by the Institute of Race Relations were quoted. (,4) Assembly. 28 February 1957, Hansard 6, col, 1894, (45) cols. 190411910.

RELATIONS: 1956-57 135 (ii) Against that background, the Government's failure to deal rapidly and effectively with the boycott threw the field open to the agitator, and intimidation occurred. (iii) Instead of acting as arbitrator and mediator between the bus company and the Africans, the Minister had then seen fit to involve the Government and to rush in as a participant. The Bill was a measure of counter- intimidation, and it would probably affect the innocent more severely than the guilty. The police had been used as a political weapon: this had tended to stimulate the resistance of the strikers. (iv) An inquiry should be conducted into the economic position of the Africans, the most effective method of providing transport services for them, and the nature of the political influences which held sway amongst them. (v) In addition, it was vital that new bridges be built between European and Non-European. This could be done only by accepting that there were African leaders not of the agitator class. They should be consulted. The mass of the people would then appreciate that they had influence, and would follow them rather than the agitators. The leader of the Labour Party pointed out(4") that statutory cost-of-living allowances had been pegged in March 1953, when the retail price index stood at 188.9. It had since risen to 208.2. The wages of unskilled workers on the Rand who were not covered by determinations or agreements relating to specific industries had not been increased since 1942. The leader of the Natives representatives(7) asked why the Minister had not been able to save the persons he said were being intimidated from the effects of the intimidation. She pointed to the danger of allowing an economic stress to become a political cause. Africans, she said, were practically unrepresented in the highest councils of the nation, and had no other way but open demonstration to make their needs apparent. The Third Reading debate on the Bill did not take place until June, and in the meanwhile the boycott had been settled and the Native Transport Services Bill, described below, had been taken through all stages. The Minister said(8), however, that he wanted the legislation on the Statute Book as a precautionary measure. "We must accept", he said, "that the Natives, and especially the African National Congress, are going to make use of the boycott weapon". (0) cols. 1930. (07) cols. 1942/43. (48) Hansard 19, col. 7208.

A SURVEY OF RACE Further negotiations Towards the end of February, the President of the Johannesburg Chamber of Commerce appealed to all employers to pay a transport allowance of Is. a week to Africans whose fares had been increased. But the boycott leaders rejected this solution. There was no guarantee, they said, that all employers would pay the allowance; and even if they did, the scheme excluded various classes of Africans. The employers were in a better position to collect the money than were the Africans, the leaders maintained. They should create a transport fund out of which Id. per fare would be paid to Putco, the Africans continuing to pay 4d. per fare. Then, on 28 February, Putco gave 70 of its White and 600 of its Non-White employees a week's notice of dismissal. On 1 March the Chamber of Commerce made another offer. Africans, it was suggested, should pay the 5d. fare, but, on presentation of clipped current bus tickets at specially erected kiosks, would obtain a refund of 1 d. per ticket. A fund of £25,000 had been guaranteed to finance this scheme for about three months, during which time, it was hoped, the whole question would be thoroughly investigated. The boycott leaders accepted this scheme in principle, but, on the following evening it was rejected at a meeting held at Alexandra Township. Putco then removed all its buses from Johannesburg, although it continued to operate a skeleton service in Pretoria. Not all the Africans felt that the offer should have been rejected. An anti-boycott meeting, which ended in a riot, was held in Western Native Township on 7 March. A gang of youths tried to break up the meeting, fighting took place, and the crowd began stoning passing cars and trams. Four Europeans and a number of Africans were injured. And so, for some weeks, there were no buses to boycott in Johannesburg. But behind-the-scenes negotiations continued. The temporary solution Finally, agreement was reached. The buses reappeared, and at the terminii Africans wearing cap bands marked "Chamber of Commerce Coupon Scheme" sold coupons for 4d. entitling people to a 5d. ride. By about 15 April the boycott was over in Johannesburg. This scheme did not apply in Pretoria, however, and dissatisfaction continued there. The solution was merely a temporary one even in Johannesburg, for the sum guaranteed by the Chamber of Commerce would last only three months. Putco officials, and representatives of the Chamber of Commerce, held further discussions with the Government. 136

RELATIONS: 1956-57 137 Native Transport Services Act, No. 53 of 1957 The Native Transport Services Bill, introduced by the Minister of Transport as an urgent measure, was taken through all stages in the Assembly on 4 June 1957. The Native Services Levy Act, No. 64 of 1952, had provided that all employers of African men, except those already furnishing them with approved accommodation, should pay 2s. 6d. per employee per week to the local authority. The larger portion of this money was to be used for providing link services (roads, electricity and water mains, etc.) to African townships; but up to 6d. out of every 2s. 6d. was to be used for subsidizing transport services. The Native Transport Services Act of 1957 provided, firstly, that the administration of this portion of the levy be transferred from the Native Affairs Department to the Department of Transport. Secondly, the Minister of Transport, in consultation with the National Transport Commission, was empowered to apply the levy in any town in which more than 20,000 Africans live, and also, in consultation with the local authority concerned, in any other town. The amount of the levy may vary, but may not exceed Is. per African male employee per week. The Minister said(49) that as soon as the Act came into operation, the amount payable in Johannesburg and Pretoria would be increased to Is. Opposition Parties gave qualified support to the Bill(5"). It provided no permanent solution, speakers said. The levy was a sectional one, and also discriminated against employers who already paid living wages. The subsidization of transport services, while this was necessary, should be a national responsibility, in view of the fact that it was national policy that there should be residential segregation and that Africans in consequence had to travel long distances to work. The introduction of this measure, they said, was an admission on the Government's part that there was in fact a sub-economic class of people in urban areas. Was it a healthy state of affairs that the economic activities of our cities should be built on the existence of a class of human beings who could not afford the necessities of life? The Government was urged to appoint an impartial commission of inquiry into the economic position of urban Africans, their transport problems, and the best method of providing the transport services. Genuine public utility companies might be the answer, or, alternatively, State undertakings. The Minister was urged to send a representative of his Department overseas to study the problem of transport for industrial workers. (49) Assembly, 4 June 1957. Hansard 19, col. 7169. (50) cols. 7171/82.

A SURVEY OF RACE Representatives of the Labour Party said that subsidization was no substitute for living wages. The indirect cost of discrimination in the field of labour on grounds of colour had never been measured. In the course of his reply, the Minister said(,'), "If such a commission is appointed and it finds, for instance, that an economic wage or a subsistence wage for the Native should be £25 per month and if they find that the average wage at the present time is £15 per month, what do hon. members expect the Government to do then? Must we then introduce legislation to compel all employers to give their Natives an increase of £10 per month? . . . We have to make use of the wage regulating machinery . . . There is such a thing as the value of the job, and here I agree . . . that when increasing wages, productivity must also increase. You can increase productivity by way of incentive bonus schemes. That is being done in a large number of industries to-day". The question of wage regulation is taken up in a later chapter of this Survey. The Native Transport Services Act was brought into operation on 1 July 1957, and Putco then reverted to the pre-boycott fares. Significance of the bus boycott In a letter to members, written before the boycott had been, brought to an end, the Director of the Institute of Race Relations wrote(50): "What is most significant to my own mind, and I believe to the minds of many observers, has been the self-discipline of the African people concerned, the solidarity of feeling and opinion, and the high degree of communication amongst them. To walk between 18 and 20 miles a day, and to maintain this for ten and more weeks, bespeaks a determination and solidarity which is significant. It is also, I think, indicative of something else - a new factor, a new psychological attitude which first became apparent to me at the Bloemfontein Conference convened by the Federation of African Ministers to discuss the Tomlinson Report. It is something which is not easy to define precisely. One would say it is a new understanding communally reached by the African people that they must think and act for themselves; a determination that an attitude or decision arrived at after reasoned thought and consideration will be maintained; a new common awareness of common interests and of a common passive strength; of a common will, not founded on extravagant emotion, but on reasoned appraisal. "This in my experience is a new factor in the racial situation. (51) cols. 7196/7. (52) Race Relations News, JanuaryIFebruary 1957.

RELATIONS: 1956-57 139 "The African people have again shown that amazing ability to communicate and organize without an organization, which has been apparent on other occasions in the past. The 1944 bus boycott, the mineworkers strike, the shantytown movement, the Port Elizabeth strike - each of these has shown this quite amazing capacity. It is significant." APARTHEID ON TRANSPORT SERVICES As was mentioned in a previous edition of this Survey(3) an amendment to the Motor Carrier Transportation Act made in 1955 empowered the National Transport Commission and local Road Transportation Boards to issue orders to the operators of bus and tram services specifying the "class or classes" of persons who may be carried in any vehicle. If such an order is not complied with, the operator concerned is liable to a fine of up to £100 or six months' imprisonment, and, in addition, a court order of forfeiture of the vehicles or of the operator's rights in them may be made. After this amendment had become law, local Road Transportation Boards were directed by the national body to inquire into and report on the operation of all passenger transport services in their areas. During 1956 the private company operating buses from Cape Town to Bellville, Pinelands, Gardens, and on certain other routes was instructed to reserve separate portions of the vehicles for passengers of different racial groups. Many protests were made, but these were over-ruled. During October 1957 a similar order was made in regard to vehicles serving the Bakoven and Milnerton routes. Complete segregation on the Cape suburban trains will be introduced by March 1958(54). The contractor operating buses in Port Elizabeth was in 1956 required to introduce certain "European Only" buses over nine routes. During June 1957 the East London Municipality experimented with a total apartheid scheme over two routes. In Durban, the Corporation operates transport services which cater for all races, Non-White passengers being required to sit on the top of double-decker buses and in reserved seats in singledeckers. These services are supplemented by private companies catering for Non-Whites only. During 1957 the City Council was ordered to apply complete apartheid on all buses by 1 January 1958. The local Road Transportation Board rejected an appeal made on the grounds that operating costs would in consequence rise steeply and that fares would have to be increased. At the time of writing, a further appeal had been made to the National Transport Commission. (53) Survey of Race Relations. 1954155, pages 121/2. (54) State Information Office Fortnightly Digest of Southt African Affair$, 13 September 1957.

140 A SURVEY OF RACE A further difficulty that would arise is that if the City Council is forced to run buses catering for Non-Whites only, it will find itself in direct competition with the private operators. The Durban Bus Owners' Association feels that it would be most unjust for the City Council to apply for motor carrier certificates in opposition to the Non-White operators who pioneered certain routes. The Council has decided to buy out any private bus companies that may be offered for sale. Until recently, the Johannesburg Municipality ran separate bus and tram services for Africans, but allowed Coloured people and Indians to sit at the back of the top deck of vehicles catering mainly for Whites. Certain Africans might use these seats too, for example 'nannies' accompanying White children, and persons travelling with their employers, or proceeding to areas not covered by the African services, or in possession of special permits. In September 1957, the trams serving the Southern Suburbs were replaced by buses. The Road Transportation Board was prepared to grant a certificate only on condition that total apartheid was applied on this route. The Coloured people and Indians now have to travel on the African vehicles instead of on those serving the Europeans: this has been much resented by them. Certain White residents of Newlands, in the Western Areas, had for some time been pressing for apartheid on their route. Pressure was exerted through the Board on the City Council, which eventually decided to introduce separate vehicles during peak hours for Whites, for Coloured people and Indians, and for Africans, respectively, but to continue to run a dual-class service during off-peak periods. The Board intimated that this arrangement did not provide an adequate measure of segregation; but the City Council nevertheless decided to continue with it, as complete segregation would be extremely costly. If, however, it was forced to introduce separate services at all hours, then the residents of Newlands would have to pay increased fares, the Council resolved. The Board then instructed the City Council by 1 January 1958 to introduce completely separate services for Whites and Non-Whites respectively, not only on the route to the Western Areas, but on all routes and all vehicles. An appeal to the National Transport Commission is to be lodged. The national body has also instructed local boards to apply segregation in all taxi services; that is, to stipulate when issuing operating licences that Non-White drivers may convey Non-White passengers only. This has created consternation among Non-White operators in towns like Cape Town and Port Elizabeth, where they are in the majority; and also among White residents of small towns such as those on the South Coast of Natal where there are no European-operated taxis. RELATIONS: 1956-57 RURAL AREAS NATIONAL CONFERENCE ON THE TOMLINSON REPORT The Volkskongres convened in June 1956 by the Federation of Afrikaans Cultural Organizations, the three Dutch Reformed Churches and SABRA, to consider the future of the Bantu in South Africa in the light of the Tomlinson Report, and the conference of Africans convened by the Interdenominational African Minister's Federation, were described in our last Survey('). These two conferences were concerned to a considerable extent with the political background: the Volkskongres was in favour of the policy of territorial separation and separate development, while the "All-in African Conference" rejected the Tomlinson Report because the concept of separate national homes for the African people, coupled with the deprivation of basic opportunities and rights in the rest of the country, was unacceptable to them. In January 1957 the Institute of Race Relations convened a third conference, this time an inter-racial one open to all those interested, to consider the Commission's practical recommendations for the development of the Union's backward areas. So far as possible, all political ideologies were disregarded, and no resolutions were taken('). The following papers were presented: Tribalism in a Modern Society, by Dr. Ellen Hellman. RR 159/56 (English) and RR 185/56 (Afrikaans) Agricultural Development in the Reserves, by Prof. D. Hobart Houghton. RR 181/56 (English) and RR 6/57 (Afrikaans) The Industrial Aspects of the Tomlinson Report, by Prof. J. L. Sadie. RR 182/56 The Future in the Light of the Tomlinson Report, by Prof. Z. K. Matthews and Dr. D. G. S. M'Timkulu. RR 167/56 (English) and RR 5/57 (Afrikaans). At the end, Dr. the Hon. E. H. Brookes summed up the proceedings. After dealing with specific aspects of the discussion, he said he believed that the temper of the conference had been that while it did not consider that the Tomlinson Report presented an adequate solution for all time, or even for the fairly near future, of the inter-racial question, it was prepared to accept that there were good practical recommendations in the Report that should be implemented. (1) Pages 152/3. (2) The minutes of the conference were issued as RR 32/57.

142 A SURVEY OF RACE STATEMENT BY THE INSTITUTE OF RACE RELATIONS ON THE TOMLINSON REPORT At its meeting in January 1957 the Council of the Institute of Race Relations issued a statement on the Tomlinson Report(3). It expressed the view that the Commission had rendered a signal service by focussing public attention on the plight of the reserves, and considered that its proposals provided the means whereby a vigorous attack could be launched against the poverty and stagnation in those areas. The Institute profoundly regretted that by linking its plans with the theory of separate development, the Commission had undermined the trust of a large and influential section of the African people, without whose co-operation its proposals could not be carried out. The Institute welcomed the Commission's recognition that a break with traditional tribal practices was necessary. Despite its terms of reference, which directed it to plan in accordance with 'a social structure in keeping with the culture of the Native', the Commission's recommendations in fact constituted a programme for the rapid civilization and westernization of the population of the reserves, for technical change necessitated cultural change. The Government's attempt to maintain outward tribal forms, and its refusal to allow White entrepreneurs into the reserves, even with adequate safeguards, must retard progress. The Institute urged that freehold tenure be introduced in both town and country; that experimentation be made with various forms of land tenure through pilot schemes on Trust land; that industrial development be encouraged wherever this was likely to prove economically sound, whether within or outside the reserves; and that African leaders should share in the planning. FINANCING AND ORGANIZATION OF THE DEVELOPMENT SCHEME It will be recalled that the Tomlinson Commission considered that during the first ten-year period, £104-million would be required for the development of the reserves, £55-million of this being interest-bearing and recoverable. In addition, the budget of the Native Affairs Department would have to be expanded by over £2-million. The sum required for the programme during the first year, it estimated, was £9-million. During the 1956/57 financial year a sum of £3 -million was voted for the development scheme; but no further special amount was made available for the year 1957/58. The Minister of Native Affairs said in the Assembly during March 1957(4) that instead of £104-million, at most £36.6-million would be required. That (3) RR 18157. (') 28 March 1957. Hansard 10, cols. 3747/50.

RELATIONS: 1956-57 143 meant an average expenditure of £3-million a year; but the cost would be far less than the average in the initial years and more later, when the necessary machinery had been built up. A supervisory officer at assistant-secretary level had been appointed, he said, and had already been employed full-time for five months on the co-ordination of activities incidental to the scheme. An inter-departmental committee headed by an undersecretary had been appointed to obtain the necessary co-operation between the various Departments. A professional division had been instituted for the investigation and promotion of industrial development near the reserves. Officials had been appointed to deal with the co-ordination of religious and of welfare work. AGRICULTURAL DEVELOPMENT AND SOIL CONSERVATION The Minister said(5) that of the £3 --million, £226,000 would be spent over one- and-a-half to two years on irrigation works; £84,462 had already been spent on planting fibre; and by the end of 1958, £565,656 would have been spent on afforestation and £113,500 on the cultivation of sugar cane. A few days earlier the Minister had given information about the progress of soil conservation work('). The areas that -had been stabilised and reclaimed were as follows: Transvaal ...... N atal ...... Free State ...... Cape ...... U nion ...... Released areas (morgen) 3,183,171 167,140 68,502 585,361 4,004,174 Scheduled areas (morgen) 349,384 94,062 1,944 506,825 952,215 The percentages these represented of the total area were: Released areas Transvaal ...... 94.2 N atal ...... 94.5 Free State ...... 90.0 Cape ...... 91.9 Union ...... 93.8 Scheduled areas 17.05 2.87 1.82 7.41 7.80(') As was described in the last edition of this Survey(8), responsibility for the construction and maintenance of soil conservation and other works is as far as possible being placed on the people themselves. (5) col. 3750. () Senate, 12 March 1957. Hansard 8, cols. 1901/02. (7) Calculation by the writer. (8) Page 142. During August 1957 the Paramount Chief of the Zulus and chief of the Usutu tribe asked the Native Affairs Department to apply soil conservation and stock control measures to his tribal area. The Minister of Native Affairs said(9) that 107,467 tons of sugar were produced in the reserves during 1956, the producers receiving £222,429. An additional 8,300 morgen would be planted during the next five years. Where necessary, assistance in the form of recoverable loans was provided to encourage African communities to plant sugar-cane. He gave details, too, of the afforestation programme. During 1956 the Native Affairs Department planted 1,904 morgen, the Transkeian Territorial Authority 54 morgen, and the Department of Forestry planted 608 morgen in the Transkei. Later, the Minister of Forestry announced('°) that his Department was undertaking afforestation in Bantu areas on behalf of the Department of Native Affairs, having set up a special division of Bantu Forestry for the purpose. During the past year it had been mainly engaged on planning a programme involving the afforestation of 12,000 morgen a year. DEVELOPMENT OF INDUSTRY Within the Reserves A sum of £500,000 had been set aside, the Minister of Native Affairs said, for the establishment of a Bantu Investment Corporation, which would assist Africans to set up commercial and light industrial undertakings in the reserves. Details of the scheme had still to be worked out. On the Borders of the Reserves A further £14,500 had been allocated for preliminary investigations in connection with the establishment of industries by Europeans near Bantu areas. During 1957 the State Information Office published a fact-paper giving detailed information about facilities in such areas and industries which might be developed there. The Minister of Native Affairs announced(1) that "a differential wage-regulation scheme will be undertaken by the Wage Board in connection with factories - in the big cities, those situated further away, and those near Native areas". RURAL VILLAGES Replying to a question in the Assembly on 26 March, the Minister said(12) that thirteen rural villages had been proclaimed in terms of the new policy, and sixty more were in course of (9) Senate, 11 March 1957, Hansard 8, col. 1828. (10) Senate, 17 May 1957, Hansard 13, cols. 4383186. (1) Assembly, 23 May 1957. Hansard 17, col. 6623. (12) Hansard 10 of 1957, cols. 3495/96. 144 A SURVEY OF RACE

RELATIONS: 1956-57 145 preparation. The settlement of families had just begun. So far, Africans had purchased 117 plots, 63 of them at Leboneng in the Hammanskraal area. These villages, he continued, are sited as near as possible to places of employment, or are available for families of migrant labourers. The income of such breadwinners forms the economic basis on which the further superstructure of village life is built. Certain aspects of this policy have given the Institute of Race Relations cause for concern. It took up with the Department the case of a domestic servant in Pretoria who earned very low wages, had dependants living with her, and was required to move to Vlakfontein from Eastwood, where she had rented rooms very cheaply from a friend. She was quite unable to afford the rentals charged at Vlakfontein. The Department gave every assistance in trying to obtain pensions for the woman's dependants and to secure a remission of rent for her; nevertheless replied(3): "Dependants of poorly paid workers in urban areas will be much better off financially if they remain in the reserves or take up residence in a rural village where they are at least in the position to grow their own mealies, vegetables, etc. The bread winner can be accommodated either on his employer's property or in a hostel for single men in the urban area where he is employed, and remit as much of his monthly earnings as he is able to, through the Native Commissioner, to his dependants. In this manner he will at least save a pound or two pounds per month in rent, apart from other costs such as transport..." The Institute considered that it is highly undesirable for families to have to break up in an attempt to balance their budgets. CONTROL OF OCCUPATION OF LAND IN AFRICAN RURAL AREAS Proclamation No. 236 of 16 August 1957 provided that the Minister of Native Affairs, or any person acting under his authority, may, whenever he deems it expedient, cancel the right of occupation of any African to any land of which the Trust is the registered owner, and order him and his family to depart. Such an order will be issued by the Native Commissioner and served on the African concerned by a member of the police. If the African is away, it will be deemed sufficient for the order to be left with an inmate of his home, or affixed to his dwelling. Should the African fail to comply with the order, he will, on conviction, be liable to a fine of up to £100, or imprisonment (13) Letter No. 120/313 of 23 August 1957.

146 A SURVEY OF RACE for up to twelve months. An order for the summary removal of the man and his family and property may then be issued. Then, on 13 September 1957, Proclamation No. 283 applied the provisions of the Natives (Prohibition of Interdicts) Act to all orders issued under Proclamation No. 236. In other words, an African ordered to leave Trust land may not appeal against the order until after he has complied with it. This removes any security of tenure for all Africans occupying Trust-owned land, which, according to the Tomlinson Commission(4), amounts to 14,564,446 morgen out of the 16,621,755 morgen occupied by Africans in the reserves. (The remainder is owned by African individuals or tribes or by missions). Proclamation No. 259 of 23 August 1957 provided that no African who was not lawfully resident there at the date of the proclamation shall take up residence on Trust or tribally-owned land, or on land owned by anyone else within the scheduled areas, except with the written approval of the Native Commissioner acting on the authority of the Chief Native Commissioner. If approval is granted, the Chief Native Commissioner may impose such conditions as are deemed fit. This proclamation applies to all African rural areas except land in the Glen Grey area, or held under quitrent tenure, or owned by individual Africans. Influx control, then, has been extended to African rural areas as well as the towns, peri-urban areas, and European farms. In effect, Africans require permission to live anywhere at all. SALES OF LAND TO THE NATIVE TRUST As was described in our last Survey(5), most of the land purchased by the Trust is now used for the resettlement of Africans from 'Black spots'. No later information about the extent of land purchases than that given in the last Survey is available. At the Transvaal Congress of the United Party held during September 1957, it was alleged that the Trust had paid £357,000 for the farms Strassburg and Metz to which the Government wishes to move the Mamathola tribe. Strassburg, it was said, had been bought for £261,000 from twenty European owners, who between them, had paid £200,000 for it only ten years previously. Metz was bought for £96,432 from European farmers who had paid £8,275 for it nine years earlier, and had financed this deal from profits made on previous sales to the Trust. REMOVAL OF AFRICAN TRIBES The Mamathola Tribe The resistance by the Mamathola tribe to Government efforts to move them from their present home has been described in previous editions of this Survey("). In the Senate on 12 June 1957, (14) U.G. 6111955, pages 45/6. (15) Page 157. (15) e.g. Survey of Race Relations 1955/56, page 158. the Minister of Native Affairs said("r) that this tribe, numbering 410 families or 2,018 souls, had been granted their present farm, on the slopes of the Wolkeberg Mountains in the north-eastern Transvaal, by the Governor of the Transvaal in 1907. It was scheduled as an African location in 1913. Since 1937, four different commissions or committees had recommended that the tribe should be moved. The Mamathola say that they have occupied their present farm for about 200 years - the grant by the Governor merely confirmed their occupation of it. Some of them grow citrus, other fruit and vegetables, and run stock; but as their land is on a steep gradient near the watershed for the lowveld area, soil erosion has resulted, threatening the water sponge. It was mentioned in our last Survey that in September 1956 they were ordered within fourteen days to move to the farm Fertiles. The Institute of Race Relations assisted then in voicing their objections and pleading for an extension of time. The Minister of Native Affairs himself then visited them; and it was decided that by 30 June 1957 they should move to the farm Metz, which the Trust was buying. Metz is in the lowveld, about 30 miles away from their present home. The Department built a school and a post office there, and surveyed the land, laying out residential, arable and grazing sites. The Mamathola were told that those with land at Wolkeberg would be given economic farming units in exchange at Metz. The rest could work for neighbouring farmers'or on Trust projects, and would live in the village to be established, where freehold title would be available. The Department would assist the Africans to place some of the land under citrus, profits to be paid to the tribe after expenses had been covered. Lorries would be provided without cfiarge to move the families, their household goods and any transportable building materials from their present huts. They would be paid compensation for their huts and fruit trees, and given facilities to reap any crops that might be ripening. Wolkeberg would not be handed over to White farmers, but would be afforested to preserve the sponges. This was explained to the tribesmen at a series of meetings with officials of the Native Affairs Department. Opinion in the tribe was divided: the officials were apparently convinced that the majority were satisfied with the suggested arrangements. But during May 1957 the chief, Malisele Letsoale, urged the Department to allow his people to remain where they were. They would introduce the betterment scheme, he said; would give up running stock and growing crops, and would plant more fruit trees instead. He was told that this was not practicable, and apparently felt he had no alternative but to give in. One small group of 14 (17) Senate Hansard 16, cols. 5328/66. RELATIONS: 1956-57 147

148 A SURVEY OF RACE families did move to Metz. But the opinion of a large section of the tribe was hardening against the move. At this time, representatives of the Press were refused permission to visit the Wolkeberg farm. At the beginning of June, 25 lorries arrived at Wolkeberg to start moving those families who had harvested their crops. With them were a few policemen and some officials, who commenced paying out compensation. The chief and 119 families received their money - a total of about £5,000 according to the Minister in the speech quoted above. But at that stage some of the women staged a demonstration, protesting that the compensation was inadequate and that there would be nowhere for them to sleep on arrival at Metz. Additional members of the police were brought in. Then attorneys acting for the tribe arrived, and said that an interdict was being sought to stay the removal. The officials left. At the end of June the school and post office at Wolkeberg were closed; the people were informed that old age pensions would in future be payable only at Metz; and the Minister announced that ploughing and the keeping of stock at Wolkeberg would be forbidden by proclamation, and that if the tribe did not agree to move the question of compensation might have to be reviewed. Meanwhile, the Government was encountering difficulties also at Metz, where about 1,200 members of a clan of the Bakone tribe were living. They had been there for longer than any of them could remember, living as 'squatter' labour tenants. In August 1956 they were given three months' notice to leave, and were told that assistance would be afforded them in obtaining employment on European farms. This date was later extended. By June 1957 they had still not moved. Some of them were then charged with the unlawful use of land; but the charges were withdrawn. At the same time, Proclamation No. 236, described above, was published in draft form (this empowers the Department to cancel any African's right of occupation of land of which the Trust is the registered owner). During August 1957, Chief Mamathola was deposed. Officials visited Wolkeberg to interview his niece, the chieftainess apparent; but she was in hiding. She is reported("s) to have said that she was ready to become head of the tribe when her uncle, who was old, tired and ill, was unable to carry on; but would refuse the appointment if it was made on the assumption that she would be prepared to lead her people to Metz. Negotiations with the tribe had at first been on a voluntary basis; but a Governor- General's removal order was issued later. Counsel for the Mamathola petitioned the Supreme Court, Pre(18) Star, 15 August, 1957.

RELATIONS: 1956-57 149 toria, for this order to be declared invalid on the ground that it had not been approved by both Houses of Parliament, as was necessary in terms of the Native Administration Act in cases where tribes were unwilling to comply. If the order were brought to the notice of Parliament, the Mamathola said, they would apply for permission to plead against it at the Bar of the House. They asked, too, for orders declaring the deposition of the chief to be null and void, and setting aside the decision to close the school and post office at Wolkeberg. This decision had not been made for bona fide reasons, they maintained, but merely in order to harass the people into moving without the sanction of both Houses of Parliament. Other Tribes in the North-Eastern Transvaal A general reshuffle of the tribes in the north-eastern Transvaal is in progress, the object being to reassemble scattered portions of tribes prior to the setting up of regional authorities. Towards the end of August 1957 the removal was commenced of some 4,500 members of the Bakone tribe from the Pedi area in Sekhukhuneland to their new tribal home on Trust land, 40 miles away in the Nebo district, north of Groblersdal. A rural village has been established there. AFRICAN NATIONAL SOIL CONSERVATION ASSOCIATION The African National Soil Conservation Association held its 1957 Annual Conference in Sekhukhuneland. Lectures and practical farming demonstrations were given. The Association has raised money for a tractor which will be hired out to Africans in the Xalanga district of the Transkei. Miss M. Soga, an Executive Committee member, has made her farm there available for demonstrations of scientific farming methods. EMPLOYMENT GENERAL ECONOMIC CONDITIONS IN SOUTH AFRICA In his annual review of economic conditions in the Union, the Head of the Department of Economic Research and Statistics of the S.A. Reserve Bank reported(') that during 1956 the Union was faced with higher rates of interest abroad, and with a further reduction in the net inflow of foreign capital as against a growing import bill, as well as with a persistent shortage of labour and a further gradual increase in the cost-price structure in several sectors of the economy. The Union's net national income increased from £1,494.5-million in 1954/55 to £1,545.7-million in 1955/56, the increase being 01) Quarterly Bulletfr of Statistics, S.A. Reserve Bank, March 1957.

150 A SURVEY OF RACE accounted for mainly by larger contributions from gold mining and uranium production, and, to a lesser extent agriculture. There was a levelling off in secondary production. The Governor of the Reserve Bank said(') that, after making due allowance for increases in the average wholesale and retail price indexes and in the population, the real income per head of the population showed hardly any change in 1955/56, as against an average increase of more than three per cent. during the two preceding years. The slower rate of industrial development, he commented, had served to bring about a better balance in the Union's economy as a whole. It had, for example, enabled the public sector to make more rapid progress in its efforts to catch up with the backlog in its transport, power, telecommunication and other services. But, he added, there was always a danger that the pendulum might swing too far: the Reserve Bank was taking steps to try to avoid this. The Chairman of the Standard Bank of S.A., Ltd., agreed(3) that the slower tempo of development was not without virtue for the time being; but pointed out that, if fresh injections of capital did not follow once the dangers of inflation were passed, the phase of consolidation might be unduly prolonged, to the detriment of natural development. No official loans were raised abroad by the Government during 1956 - although it did receive about £2-million from drawings under a loan granted by the International Bank at the end of 1955. The budgetary surplus of £13 -million, as well as a further contribution of £131-million from Revenue Account, were thus used for capital development in the public sector, and a savings levy was imposed for the same purpose. The Governor of the Reserve Bank said that circumstances called for special endeavours to raise new loans abroad for both the public and private sectors, and to attract risk capital for development. A favourable economic climate for investment would have to be maintained, he pointed out. The Chairman of the Standard Bank of S.A., Ltd., added that there was a world- wide shortage of capital, and what was available would naturally tend to flow to those areas where political and social conditions seemed to offer the greatest promise of continued stability. In its report to the U.S. Department of Commerce, an American trade commission that toured South Africa expressed the view(4) that the Union provided a considerable potential market for private investments; but added that the complexity of the inter-racial problem was a matter of serious concern to business people, and its ultimate solution would be a determining factor in the future development of the country's economy. (2) Address at a meeting of stockholders, 7 August 1957. (3) Address at annual general meeting held in London, 31 August 1957. (4) As reported in the Star, 1 August 1957.

RELATIONS: 1956-57 151 In an editorial article in The Manufacturer(') it was pointed out that, in spite of the world-wide shortage, there was some capital available. During the first nine months of 1956, when South Africa received nothing, Canada received £152- million. Official foreign loans to Australia amounted to £A105-million in 1955/56; while the Federation of Rhodesia and Nyasaland received £28-million in 1955 and £12-million in the first six months of 1956 in net long-term capital inflow. LABOUR AND IMMIGRATION Labour as well as capital is, of course, required for expansion. The Chairman of the Standard Bank said that there was virtually full absorption of labour at present, thus any increase in production would call for aa additional force of skilled workers. The Government's plans for increasing the efficiency of White labour through vocational guidance and selection services, free artisan courses for adults, rehabilitation schemes, the application of efficiency methods and mechanization, and incentive bonus schemes, have been described in some detail in previous Surveys(6). It was pointed out by the Governor of the Reserve Bank that there might be scope for improvement through the simplification and expediting of immigration formalities. During 1956, there were 14,919 White immigrants and 12,885 White emigrants(7). It will be recalled that, previous to 1949, any British subject had been able to acquire South African nationality after two years' residence in the Union; but the Citizenship Act of that year made five years' residence necessary (as against six for aliens). However, a United Kingdom citizen is not required to appear before the Immigrant Selection Board, as are people from Holland, Germany and other countries('). During May 1956 South Africa joined the Inter-Governmental Committee on European Migration (I.C.E.M.). Britain is not a member of this organization. The present Union Government has still not accepted the principle of State-aided immigration; but during October 1957 it was announced that an agreement had been reached with I.C.E.M. in terms of which employers in South Africa might share with this committee and the Netherlands Government the cost of subsidizing the fares of Dutch settlers coming to the Union. If the settler was to join State or semi-State services here, the South African Government would contribute the employer's share of his travelling costs. Many industrialists have continued to urge that more effective use be made of the Union's resources of African labour. Three examples only will be quoted. Firstly, the Chairman of the Board (5) April 1957. (6) Survey of Race Relations 1954/55 pages 161/165; 1955/56 page 162. (7) Ofcial Monthly Bulletin of Statistics. (8) Minister of the Interior. Senate, 16 May 1957, Hansard 13, cols 4263174.

152 A SURVEY OF RACE of Trade and Industries, speaking at the Annual General Meeting of the Durban Chamber of Commerce in May('), deplored the alarming dissipation of labour, particularly of African labour, encountered in almost every sector of the economy, and urged that its productivity be increased through better selection and training and through the application of incentive bonus schemes. Then, during October, the President of the Artisans Staff Association of the S.A. Railways and Harbours, speaking at a national management conference on manpower, maintained("°) that in view of the chronic shortage of skilled and semi-skilled White labour, increased use would have to be made of the African labour resources. The policy of reversion to tribalism must be changed, he said. Africans must become westernized as fast as possible. Also during October, the Association of Chambers of Commerce resolved, "This congress welcomes the steps already taken, in both the public and the private sectors of the economy, to promote European workers to more skilled occupations, and to utilize Non-Europeans to a greater extent. Congress hopes to see the continuation and development of this policy, and commends it both to commerce and industry and to Government and publicly owned enterprise." RESERVATION OF CLASSES OF WORK ON A RACIAL BASIS The Principle It will be recalled(") that Section seventy-seven of the Industrial Conciliation Act, No. 28 of 1956, provided that should the Minister of Labour consider that steps should be taken to safeguard the 'economic welfare' of employees of any race in any industry, undertaking, trade or occupation, he may direct the Industrial Tribunal to investigate the matter. The Tribunal is obliged to consult industrial councils, employers' organizations and trade unions in any way affected, and also the Central Native Labour Board. It must hear evidence, as well, from other interested persons desirous of expressing their views. Assessors may be appointed, in an advisory capacity, to represent the interests of employers and employees principally concerned. The Tribunal may recommend that no action be taken, or may submit a draft determination. In the latter case the Minister of Labour must consult the Minister of Economic Affairs, and may then reject the draft determination or issue it. He is not empowered to vary its terms. Exemptions may be granted. No determination will be binding where an industrial conciliation agreement is in operation unless the industrial council concerned agrees. (9) As reported in the Star, 7 May 1957. (10) As reported in the Rand Daily Mail, 18 October 1957. (11) See Survey of Race Relations 1955156, page 178.

RELATIONS: 1956-57 153 The Industrial Tribunal consists of five Government appointees. Its chairman is Dr. S. P. du Toit Viljoen, ex-chairman of the Wage Board. At a meeting of the Steel and Engineering Industries' Federation held during October(2), the Minister of Labour said it was important that occupations which had traditionally been those of White workers should not be lost to them during a time of recession because of failure to take timely precautions. He said in the Senate(3) that such occupations would be reserved for Whites. If there was a shortage of White workers, Non-Whites could be employed, but in a temporary capacity, under permit. He added, "Even though it might intrude upon certain economic laws, I would still rather see European civilization in South Africa being maintained and not being swallowed up than to comply scrupulously and to the letter with the economic laws". Reservation of Work in the Clothing Industry There were two reasons why reservation of work was first effected in the clothing industry. Firstly, for some years there has been great difficulty in obtaining suitable European entrants into the trade, thus Non-Whites have increasingly been employed in skilled and semi-skilled capacities. Secondly, in terms of the relevant Industrial Council agreement, wages payable in the Transvaal have been higher than elsewhere, and there has been a tendency for factories to move to northern Natal or even to the High Commission Territories, where African labour is plentiful. In view of this, a new wage agreement was made in the Transvaal towards the end of 1956, in terms of which two different wage rates were laid down for machinists. While existing employees would continue to be paid at the old rate, new workers could be taken on at a lower rate. The Minister of Labour said(4) that he viewed this agreement with alarm, as it appeared that in time the trade of machinist would inevitably become mainly a Non-White one. As revised wage scales were necessary he would publish the agreement; but it would be binding only until November 1957, during which period the Tribunal would investigate matters. Five assessors from the clothing industry were appointed to assist the Tribunal in an advisory capacity. Evidence was heard from interested persons throughout the country. All Industrial Councils, employers' organizations and trade unions concerned expressed strong opposition to job reservation: the only witnesses supporting it were a group of White workers in Germiston who went on strike in 1944 to prevent the introduction of Non-Whites. Even they realized that there was an insufficient flow of White (12) As reported in the Rand Daily Mail, 10 October 1957. (13) Senate. 21, March 1957, Hansard 9, cols. 2423/25. (1) e.g. Rand Daily Mail 4 December 1956.

154 A SURVEY OF RACE recruits: they were now willing to accept Non-White workers provided they operated under a system of Ministerial exemption, as provided for in the Act. The five assessors, too, were opposed to the reservation of work. The Tribunal, nevertheless, submitted a majority report recommending that a determination be published reserving for White workers only the work of machinists, supervisors, cutters or choppers-out, and table-hands. This would apply throughout South Africa. The majority report stated that simultaneously with the publication of the determination it would be advisable to grant exemptions to employers employing Non-Whites in the reserved categories of work. The chairman of the Tribunal submitted a minority report dissociating himself from these recommendations. He did feel that protection on a pliable basis was necessary to maintain the position of existing European machinists, in view of the introduction of two separate scales of pay in the Transvaal; but considered that no determination should be made until it was certain whether such a pliable determination would conform with the Act. The Minister nevertheless gazetted the determination suggested in the majority report, to come into operation on 4 November 1957. The implications for the clothing industry were very serious. Of about 48,000 employees in 1955, only twenty per cent. were White. Sixty per cent. were Coloured and the remaining twenty per cent. African. There were about 40,000 employees in the reserved categories, of whom only 4,500 were White(5). NonWhites would be prevented, except under exemption permit, from performing any cutting-out or sewing operation. The livelihood of some 35,000 Non-White skilled or semiskilled workers would become highly insecure: they would be liable to be dismissed at any time if their employers were advised that White recruits were available. Employers would be hesitant about training further Non-Whites. They feared, too, that European workers would tend to become irresponsible, knowing that they could not be replaced by Non-Whites. Furthermore, unless a general system of exemption was introduced, the industry would come to a stand-still and White as well as Non- White workers would be thrown out of employment. There were protests throughout the country. The S.A. Trade Union Council(16), following an urgent meeting with officials of the Garment Workers' Union, published a statement(7) saying, inter alia, "Never in industrial history has any government taken (15) Information given by Leader of the S.A. Labour Party, Star, 1 November 1957, and by the Garment Workers' Union. (16) See Survey of Race Relations 1955/56, page 183, for status of this body. (17) e.g. Rand Daily Mail, 31 October 1957.

RELATIONS: 1956-57 155 an action such as the clothing industry job reservation which coldbloodedly takes from the workers their right to work, to earn their living and to feed and clothe their families". It was, at first, overlooked by the public that no determination dealing with reservation of work will be binding in an area where an industrial conciliation agreement is in operation unless the industrial council concerned agrees. There are some thirty clothing factories in areas not covered by such agreements, in places like George, Charlestown, Umtata, Parys, Port Shepstone, etc. In Kimberley and Kroonstad there is merely a private agreement. Agreements are in force in the Western Cape and Natal; the Transvaal agreement was due to expire on 11 November; and a new agreement had been reached for the Eastern Cape but had not yet been published by the Minister. He might perhaps refuse to publish further agreements unless these provided for job reservation, clothing workers felt; but they raised the possibility that he might thus expose himself to legal action on the grounds of acting in bad faith. At any rate, all the industrial councils signified that they would not be agreeable to the introduction of job reservation. The Minister finally announced that the Transvaal agreement would be renewed until March 1958. Those for the Western Cape and Natal do not expire until October 1959. The Minister said that in all areas not covered by agreements, the divisional inspectors of labour had been instructed to grant unconditional exemptions. The Wage Board had been instructed to conduct an investigation of wages paid in the clothing industry in these areas. There will, thus, be no displacement of labour for the time being; but the continued employment of Non-Whites in reserved jobs in areas not covered by industrial council agreements is at the Minister's discretion; and it is uncertain what the position will be in other areas when the current agreements expire. This whole matter has caused very great perturbation amongst both industrialists and trade unionists. The Garment Workers Union arranged for all Non-White workers in the reserved occupations, employed in clothing factories in the Transvaal, Eastern Province and Kimberley, to stay at home for two days. It was thus proved conclusively that the industry would be halted without their services. The workers arranged to work overtime, at normal rates of pay, to make up the loss in production. Further Investigations being made by the Tribunal The Industrial Tribunal is also considering the advisability of job reservations in passenger road transport services in the Cape Peninsula; the traffic police, ambulance and fire brigade services in Cape Town; the cleansing section of the Durban Corporation; and the metal window and door industry.

156 A SURVEY OF RACE Other likely investigations are in connection with the motor assembly, shoe manufacturing and engineering industries. In the Assembly on 9 May 1957, the Minister of Labour said(8) that the unemployment figure for Whites in Cape Town had increased from 800 in January 1956 to 1,214 in March 1957. (He added, later(9), that there had also been a very considerable increase in unemployment amongst Coloured workers there). He had, therefore, instructed the Tribunal to investigate the supply of and demand for White and Non-White labour in all spheres of employment excluding unskilled work in the Western Cape, and to recommend whether a further investigation in connection with job reservations should be undertaken, and if so, in what industries. On another occasion he stated(") that the Tribunal would be asked to investigate the employment of Whites by Indians: 40 White men and 64 women were so employed. In the speech referred to earlier the Minister said that because Africans were not organized in trade unions which could enforce certain rights, they could sell their labour cheaply, and it was possible that in consequence the White man would lose his work and his standard of living. He had instructed his Department to supply him with a full report on the jobs for which Africans were being trained, by all State and private agencies. He would lay this report before the Cabinet, whose responsibility it would be to decide whether or not the training of Africans should be curbed, and what further steps would be necessary. SEVERANCE OF CONNECTION BETWEEN THE AMALGAMATED ENGINEERING UNION AND ITS SOUTH AFRICAN BRANCHES The Amalgamated Engineering Union, which has about one million members throughout the Commonwealth, decided in November 1957 to sever its connection with the South African branches of the union. Its president said that although the rules of the union had for some years made provision for their amendment to conform to labour legislation enacted in territories outside the United Kingdom, nevertheless, in the view of the executive council, to conform to the legislation enacted within the Union of South Africa would be in direct opposition to principles which are fundamental to the constitution of the Amalgamated Engineering Union. The practical reasons for the break was the new law in South Africa relating to control of pension funds; but another weighty reason was the discrimination on racial grounds introduced in terms of the South African Industrial Conciliation Act, and the enforced splitting of trade unions along racial lines. (18) Hansard 15 cols. 5671/72. (19) Col. 5716. (20) Senate, 21 March 1957. Hansard 9 cols. 2430/31.

RELATIONS: 1956-57 157 This decision is likely still further to reduce the trickle of artisans coming to South Africa from Britain. They were formerly merely transferred to branches here, retaining their existing pension rights and other benefits. In future those intending to emigrate to South Africa will have to resign from the Amalgamated Engineering Union in Britain, thus losing their benefits, and to apply for membership of the South African body. CLASSES OF WORK FOR WHICH AFRICANS MAY REGISTER Section twenty-three (1) (a) of the Natives (Urban Areas) Consolidation Act of 1954 provided that the Governor-General may decide that in any urban or proclaimed area, every contract of service entered into by a male African shall be registered. It stated, "The registering officer may refuse to register a contract of service if he is satisfied that it is not bona fide." The Native Laws Amendment Act, No. 36 of 1957, added the words: "and shall refuse to register a contract of service in respect of such class or classes of work as may be determined by the Minister (of Native Affairs) from time to time by notice in the Gazette in respect of any proclaimed area specified in such notice". (Clause 39 (a).) When the Bill was under debate, Opposition speakers pointed out(1) that it would appear that the South African economy was to be regulated by the political and racial considerations of the Minister of Native Affairs. He was assuming powers to forbid any African from being registered in any class of occupation that he might determine, without any consultation with anyone, or any investigation by a body like the Industrial Tribunal. He was going even further than the Minister of Labour had done in terms of Section seventy-seven of the Industrial Conciliation Act of 1956. The labour bureaux were the only bodies, it was said, that were aware of the requirements of the labour market, which changed from day to day. By the time that the information in the Minister's hands had been brought up to date, several changes in employment conditions might have occurred. "It is the same old story of trying to make machinery work so exactly that it comes to a standstill". Arbitrary restraint on the employment of Africans was bound to end in the disruption of industry. APARTHEID IN THE NURSING PROFESSION The Background The background to the introduction of the Nursing Act of 1957 (Act 69 of 1957) was described in our last Survey(2). Briefly, a Bill was prepared in 1951 to effect certain changes in organization (21) Assembly, 21 March and 10 April 1957, Hansards 9 and 12, cols 3247, 4503/04. 4499/50. (22) Pages 173 ef seq.

158 A SURVEY OF RACE desired by the nurses; and to this the Minister of Health added certain racially discriminatory provisions. Following much debate and argument the Bill was re- drafted and presented to Parliament in 1954, and then, after its second reading, was referred to a Select Committee which again re-drafted the measure. It should first be explained that the Nursing Act of 1944, as amended in 1946, made provision for a Nursing Council which deals with the registration, training and discipline of nurses and midwives, and a Nursing Association which acts in the interests of the nurses, concerning itself with salaries, conditions of service and related matters. Control of the affairs of the latter body is vested in the Board of the Association. Until now, Non-White registered and student nurses and midwives have voted together with Whites in the election of nurses' representatives on the Council and of members of the Board. In theory, Non-White representatives could be elected (although this has so far never occurred in practice). Some branches of the Association have held mixed meetings, while others have decided on separate meetings for White and Non-White members. The Nursing Act of 1957 is a consolidating measure, but contains new and racially discriminatory features. The Nursing Council The Bill provided that the Nursing Council is in future to consist of White persons only, some appointed by the Minister, some by the Medical and Dental Council and the Provincial Administrations, and others elected by White nurses and midwives. Coloured and Asiatic nurses and midwives will elect the five members of an Advisory Board for Coloured persons; and similarly, African nurses and midwives will elect the five members of an Advisory Board for Native persons. Opposition speakers pointed out that Non-Whites would thus be denied any direct representation on the Council(23). The Minister of Health agreed to move an amendment, to the effect that the two advisory boards will each elect to the Council one White person who is registered both as a nurse and as a midwife. This was accepted. The Council is in future to keep separate registers and rolls for nurses, midwives, students and auxiliary nurses according to their racial groups, i.e. White persons, Coloured persons and Africans. It is to be empowered to prescribe different qualifications for registration for different classes of persons or branches of nursing; also to prescribe different uniforms, badges or other distinguishing devices for White persons, Coloured persons and Africans. (23) Assembly, 11 June 1957, Hansard 20 cols. 8117/19.

RELATIONS: 1956-57 159 The Nursing Association All nurses, midwives and student nurses and midwives will be members of a common association; but separate branches or groups are to be set up in respect of White persons, Coloured persons and Africans. Separate meetings must be held at least once every three years of members of each of these racial groups. White persons designated by the Board may attend meetings of the Coloured or of the African members, but they will have no vote. A decision of the majority of White persons present at a meeting of White members will constitute a decision of the Association. Decisions at meetings of Coloured and of African members will be considered by the appropriate advisory committee (described below), and will be conveyed by it, together with its recommendations, to the Board. The Board of the Association The Bill provided that the Board of the Association is in future to consist only of White persons, elected by White nurses, midwives and students. Advisory Committees for Coloured persons and for Africans will be established, elected in the same way as the Advisory Boards will be. Again, after debate, it was agreed that each of these advisory committees should elect to the Board of the Association one White person registered both as a nurse and as a midwife. Employment of Nurses and Midwives The Bill originally provided that any person who causes or permits any White nurse, midwife or student to be employed under the control and supervision of any Non-White person in any hospital or similar institution or training school will be guilty of an offence, and liable on conviction to a fine not exceeding £200. In a statement sent to Members of Parliament and to the Press, the Cape Western Regional Committee of the Institute of Race Relations pointed out that this would prevent the appointment of Non-White medical officers or interns in any institution where there are White sisters or staff nurses. In effect, there would be no hospital in the Union where a Non-White could serve as an intern, and thus no Non-Whites could qualify as doctors. This point was also raised by others, and was taken up in the House by Members of the Opposition("). The Minister agreed to add the words "except in cases of emergency", and also agreed to alter the wording to read "under the control and supervision of any Non- White registered or enrolled person", thus making it clear that these provisions referred to nurses, not to doctors and interns. (24) Cols. 8321/23.

160 A SURVEY OF RACE Reactions to the Measure At the opening of the debate on the Bill in the Assembly, the United Party moved("): "This House declines to pass the Second Reading of the Nursing Bill, because, inter alia: (a) it opens the way to a discrimination in training which will inevitably lead to a lowering of professional standards; (b) it interferes with the autonomy of a professional association; and (c) it will deprive fully qualified Non-European nurses of any effective voice in the control of their profession." It was pointed out(") that it would be only fair for Non-White membership of the Association to be voluntary in future, as they were not to be granted full privileges. The Institute of Race Relations maintained(7) that it was totally unnecessary to introduce colour bars, and thus artificially to create divisions along racial lines, in bodies whose common interests and common loyalties to their high profession had in the past over-ridden sectional or racial differences. Non-White nurses felt bitter and greatly humiliated. In spite of warnings that persons in the service of a hospital rendered themselves liable to disciplinary action if they took an active part in political matters, they organized demonstrations of protest against the Bill in Cape Town, Durban and Johannesburg. The apartheid clauses, they said, would inevitably lower the status and standards of the profession, and would force South African nurses to contravene the international code of nursing ethics. White nurses in Johannesburg joined with Non-Whites in a protest demonstration. After the Bill became law, and mixed branches of the Association had become illegal, an independent Rand Nurses' Professional Club was formed to provide a common meeting ground where developments in the theory and practice of nursing could be discussed. Non-White nurses boycotted meetings called in Johannesburg and Durban by senior officials of the Association to explain to them the implications of the new Act. Non-White nurses on 'the Witwatersrand decided to play no part in the election of Advisory Committees to represent Coloured and African nurses and midwives, for, they held, the ethics of the profession are incompatible with racial discrimination. They organized a conference open to nurses of any racial group which was held in Johannesburg early in November 1957, and at which it was decided to form a non-discriminatory multiracial Federation of S.A. Nurses and Midwives that would seek direct affiliation to the International Nursing Council. (25) Col. 7835. (26) Col. 8299. (27) RR 40/1955, 5/1956. 6/1956.

RELATIONS: 1956-57 161 FUNCTIONING OF THE NATIVE LABOUR BOARD It will be recalled(8) that the Native Labour (Settlement of Disputes) Act of 1953, which applies to all African employees other than those engaged in farming, nrining, domestic service or government or educational services, prolibited strikes by Africans, excluded them from industrial conciliation machinery, and provided separate machinery for them, consisting of an all-White central Native Labour Board and ten regional Native Labour Committees with appointed African members sitting under the chairmanship of the European Native Labour Officers. It also provided for the setting up of African works committees in establishments employing twenty or more Africans. In reply to questions in the Assembly during February 1957, the Ministers of Labour and Justice said(29) that only seven works committees had so far been set up. During 1956, 74 industrial council or conciliation board agreements were referred to the Native Labour Board. In the same year, the Board or its committees settled 136 labour disputes without disruption of work. They handled 92 strikes, involving 6,428 Africans. In eleven of the latter cases the disputes were settled by granting increased wages or improved working conditions. In 21 cases the strikers were prosecuted, and in 16 cases (involving 524 Africans) they were convicted for participation in illegal strikes. Two cases were pending. The average duration of each strike, including lockouts, was only 4 hours and 50 minutes. The prohibition of strikes by Africans leads to difficult situations and to ill feeling. During August 1957, for example("), NonWhite workers employed by a meat canning factory near Cape Town demanded higher wages. As the Food and Canning Workers' Union failed to reach agreement with the firm, a deadlock was declared, and the Coloured workers came out on a strike which was legal. But the 32 African workers who joined them were arrested. Early in 1957 there was a strike amongst African workers employed at Port Elizabeth docks. Africans employed by the private stevedoring companies there were paid 1 Is. 6d. a day; but as they were paid only for days worked, and there was not. always a full week's work available, the daily pay received, averaged out over a period, was about 6s. 6d.(1) The Railway Administration employed a daily average of 520 casual African workers at the docks, paying 9s. 7d. a day to married men and 7s. 3d. to those who were single (these rates included cost- of-living allowance(2).) Again, these casual workers were paid only for (28) See Survey of Race Relations, 1952/53, page 79. (29) 8 February 1957. Hansard 3 cols. 805, 807, 808; also 9 May 1957. Hansard 15 col. 5681. (80) According to Rand Daily Mail report, 28 August 1957. (31) Leader of S.A. Labour Party. Assembly, 8 May 1957, Hansard 15 col. 5646. (32) Minister of Transport, Assembly, 8 March 1957. Hansard 7 cols. 2420/1. RRO

162 A SURVEY OF RACE days worked. The wages of the dock workers were lower at Port Elizabeth than at any other major port in the Union. During February the African stevedores and also the casual workers employed by the Railway Administration refused to work overtime or at weekends unless they were granted higher wages and improved working conditions. The stevedores demanded 25s. a day. The Divisional Inspector of Labour, together with the Native Commissioner and a member of the local Native Labour Committee, met the men, expressed the view that their demand was unreasonable, but promised an investigation if they returned to full working hours. They refused this offer. The Government then decided to break the 'go-slow' strike which, the Minister of Labour said(3), had occurred as a result of incitement by agitators. The strikers were put off. Convicts were used for four days to do the work, and were then replaced by Africans specially brought to Port Elizabeth from the Transkei. Meanwhile the private stevedoring companies, with the authority of their shipping companies, offered their employees an increase in pay of 3s. a day. The Government, on hearing of this, strongly advised the companies not to pay more than an extra Is. a day. (These companies, of course, require Government permission to operate in the dock area; and had they granted a substantial rise in pay, the Railway Administration might have been compelled to follow suit). The Minister of Labour said(14) that the Central Native Labour Board was examining the possibility of employing the men on a basis other than that of casual workers; and the advisability of an investigation under the Wage Act was also under consideration. THE WAGE ACT, ACT 5 OF 1957 When introducing the Wage Bill("), the Minister of Labour said that it was a supplementary measure to the Industrial Conciliation Act of 1956, designed to operate in fields where the employers and employees were not organized. In the main, it took over the provisions of the Act of 1925 as amended in 1937 and subsequently. The new measure had been fully discussed with members of the Wage Board and with sixteen federal bodies representing trade unions and employers' organizations, and except for various points relating to appointment of additional members to the Wage Board, and the right of interested parties to request the Board to make an investigation, had proved acceptable to them. The Act applies to all trades, occupations, professions or calliigs except farm workers, domestic servants, State employees, students in employment as part of their training, apprentices, and (33) Assembly. 8 May 1957, Hansard 15, cols. 5639141. (31) Assembly. 15 March 1957, Hansard 8 cols. 2834/35. (8s) Assembly, 28 January 1957, Hansard No. 2, cols. 284/5.

RELATIONS: 1956-57 163 persons whose wages and conditions of work are regulated in terms of the Industrial Conciliation Act. At the Committee stage of the Bill, representatives of the Labour Party and of Natives moved, without success, that farm labourers and domestic servants should be brought within the scope of the Act. Establishment of the Wage Board It is provided in the Act that the Wage Board shall consist of three members appointed by the Minister of Labour for such periods and subject to such conditions as he may determine. Additional members may be appointed for the purpose of specific investigations. Divisions of the Board, having all of the powers of the Board in relation to the functions assigned to them, may be set up by the Minister. They will consist of three members of whom at least one shall be a regular member of the Board itself. Recommendations of such Divisions had previously to be approved by the full Board; but the 1957 Act provides that they may be submitted direct to the Minister, who, if he considers it necessary, will refer them back to the Board. The Minister explained that the purpose was to expedite the work. Leading Opposition speakers welcomed this amendment. In terms of the previous legislation, further additional members might be appointed to the Board to represent the interests of employers and employees concerned in a particular investigation, equal numbers being appointed to represent each of these interests. The new Act provides that, after consultation with trade unions and employers' organizations principally concerned in an investigation, the Minister may appoint assessors (and not full members) to serve on the Board or on one of its Divisions, again in equal numbers to represent employers and employees respectively. One of the reasons for this change, the Minister said(36), was that the work of the Board could thus be expedited. Another was that, in terms of the previous legislation, a trade union might appoint a Non-White member to represent its interests as a temporary member of the Board; and it was not Government policy that any Non-White person should have a Voice in decisions relating to the interests of Whites. All the main Opposition parties opposed this step, in terms of which an administrative colour bar was being introduced. The Leader of the Natives' Representatives asked("z) whether the Minister would be prepared to accept Non- White assessors in regard to trades performed mainly by Non-Whites. The Minister replied(8), "No, I will not do it, because the White man is the guardian of the Non-Whites in this country ... It is not a question (36) Hansard No. 2, cols. 28718. (37) Col. 399. (38) Hansard No. 2, col. 399, Hansard No. 3, col. 530.

A SURVEY OF RACE of the representation of a race . . . The Government will appoint assessors who can look after their interests properly". At the Committee stage, the Labour Party moved that the definition of a trade union, for the purposes of the Act if not generally as would be preferable, should be widened to include African trade unions. This would enable the Minister to consult African trade unions as well as registered unions in regard to the appointment of assessors. The Minister was adamant, however(39), that the Government could not accept the principle of giving statutory rights to African unions. Functions and Duties of the Wage Board In the past, the Wage Board carried out investigations either on the instructions of the Minister or at the request of interested parties, provided that the applicants were regarded as being sufficiently representative and that there was no existing determination, agreement or award in respect of the trade concerned or any section of it. The new Act eliminates the right of interested parties to request the Board to conduct an investigation (although they may approach the Minister in this connection). It provides that the Minister may request the Board to make an investigation into and report on any trade, specifying the area in which investigations must be made, and whether the enquiry is to be conducted in respect of all employees or any one or more classes of employees. In specifying the classes of employees concerned, the Minister may apply any method of differentiation or discrimination based on age, sex, experience, type of work and where performed, etc.; but shall not differentiate or discriminate on the basis of race or colour. The Minister said(") that since the original Act came into operation, no group of employers or employees had availed itself of the right to request the Wage Board to conduct an investigation. Trade unions and employers' organizations had made use, instead, of the machinery of the Industrial Conciliation Act. The new position would be an improvement on the old, in that the Minister would not have to concern himself, as the Wage Board had been required to do, with the question of whether applicants were sufficiently representative of the trade or industry concerned: he could request a Wage Board investigation at the request of one person if the request seemed reasonable. In any case it was not clear what practical value an independent investigation would have if the Minister were empowered to reject the Board's recommendations. Opposition speakers said("1) that 'the majority of the unorganized workers, to which the Act applied, were Non-Whites. (39) Hansard No. 3, col. 507. (40) Hansard No. 2, cols. 289190. (41) Hansard No. 2. cols 375/6, 386.

RELATIONS: 1956-57 165 They were rapidly becoming more articulate, and might well desire to use the machinery originally provided. In future, any improvement which was to come about as a result of a recommendation of the Board could be effected only if the Minister wished an investigation to be made: considerable pressure might be brought to bear on him in this regard. The Labour Party moved, without success, that the previous arrangement should be retained. The new Act provides that reports by the Wage Board shall deal with present, and if relevant, past terms and conditions of employment in the trade and area concerned, and, if so directed by the Minister, shall include recommendations as to the remuneration and other terms and conditions that should be applied. The Board shall take into account all evidence submitted, ability of employers to carry on their businesses successfully should the recommendations be accepted, the cost of living in the area concerned, the value of any board, rations, lodging or other benefits supplied to employees, and, having regard to these matters, the class or classes of employees to whom it would be equitable that remuneration should be paid at such rates as will enable them to support themselves in accordance with civilized standards of life. Varying provisions may be recommended for different classes of employees or for different areas, and the Board may propose that specified classes of employees, portions of the trade concerned, types of work, or areas should be excluded from the suggested determination. The Minister explained that the reason for the possible exclusion of certain classes of persons was that such persons might, perhaps, be enjoying more advantageous terms and conditions of work under some other determination or award. Labour Party spokesmen feared(") that the exclusion of certain areas might provide a backdoor method of applying lower rates of pay on the ground of race or colour. Before the Wage Board carries out an investigation, its terms of reference will be published in the Gazette, and all those interested will be given the opportunity of making representations. A new provision, which was generally welcomed, is that the Board is empowered to hear oral evidence without first requiring written representations to be submitted. All reports of the Board, including minority reports if made, will be tabled in Parliament. Wage Determinations On receipt of recommendations from the Wage Board, the Minister may, if he deems it expedient, publish these in the Gazette and invite those interested to submit objections. Any objections received will be referred to the Board, which will then decide whether or not to submit revised recommendations. (42) Hansard No. 2. col. 379.

166 A SURVEY OF RACE If he deems it expedient to do so, the Minister will then make a determination in accordance with the Board's recommendations. He, or an official to whom this power has been delegated, may make exemptions, and after consultation with the Board may suspend or cancel a determination. The Labour Party maintained that it should not be left to the Minister's discretion whether or not to make a determination recommended by the Board; but this view was not accepted. Other Provisions of the 1957 Act The remaining sections of the Act were less controversial. Failure to observe the provisions of a determination or licence of exemption is rendered an offence. Victimization of employees is forbidden. Inspectors are to be appointed under the Act, and all employers affected by a determination are to register with the nearest inspector, to keep prescribed records, and to post prescribed notices for the information of their employees. THE COST OF LIVING IN URBAN AREAS 'African Poverty' Early in 1957, at the time of the bus boycott and of the suggestion that the rates of African taxation should be increased, the Institute of Race Relations brought together the results of all family income and expenditure surveys that had been conducted in recent years amongst urban Africans in the Union, gave brief outlines of the methods adopted in these surveys, and, finally, made such comparisons as are possible, with the results of similar surveys conducted recently in other countries. This study was published in duplicated form under the title African Poverty(3). A few extracts of major importance are given below. (a) Total family incomes The proportion of families with total incomes within certain ranges, in towns where relevant investigations have been conducted, is as follows: Percentages Total family income per month: Under Under Under £25 & UnArea Year £15 £20 £25 over known Western Areas, Johannesburg 1950 65 80 89 11 Western Areas, Johannesburg 1951- 65 81 16 4 Payneville, Springs ...... 1951 61.2 77.2 86.6 13.4 Johannesburg (all areas) ... 1952 48.3 67.3 80.1 17.7 2.2 Krugersdorp ...... 1953 53.0 75.7 84.5 15.5 Benoni ...... 1953 60 ? ? ? ? Moroka, Johannesburg ...... 1956 59.5 79.7 88.2 10.8 1.0 Shantytown, Johannesburg ... 1956 55.4 82.1 90.8 8.7 0.5 Johannesburg (all areas) ... 1956 48.0 78.0 87.0 13.0 (43) RR 67/1957.

RELATIONS: 1956-57 Although the 'family' or 'household' was not always defined in the same way in these surveys, the broad picture that emerged is clear. In a majority of the towns, over half the African families had incomes of under £15 a month. Very few indeed had over £25 monthly. (b) Average total family incomes Average total family monthly incomes in Johannesburg were as follows: Western Areas, 1951 ...... All families £13 19 6 Western Areas, 1951 ...... All families with incomes £14 17 0 Orlando East, 1952 ...... go. £15 14 11 Orlando West, 1952 ...... £19 13 6 Jabavu, 1952 ...... £18 14 8 Eastern Native Township, 1952 ...... £12 12 2 Moroka, 1956 ...... £15 3 0 Shantytown, 1956 ...... £14 15 6 Johannesburg, all areas, 1956 ...... £15 19 6 (c) Estimates of Incomes of Urban African Families In 1940, Miss Miriam Janisch, the then Social Research Officer of the Johannesburg Municipality, undertook an investigation of the actual incomes and expenditure of 987 African families in that city. She found that the 'average' family consisted of a labourer, a woman, and three children aged 14, 10 and 1- years. Actual contributions to the family income by the man, the wife and the children were worked out. In 1944 a Commission was appointed to enquire into the operation of bus services for Non-Europeans on the Witwatersrand and in the districts of Pretoria and Vereeniging. It set out to determine whether or not Africans were able to pay increased fares. It used Miss Janisch's 'average' family, and, working on her data, brought up to date the average earnings of wives and children. As there was no information about the numbers of Africans employed in occupations not covered by industrial agreements, the numbers employed at varying wage rates within occupational groups, and so on, the Commission decided to base the income figures, so far as the male wage-earners were concerned, on the wages, plus cost-of-living allowances, paid in the occupations in which by far the largest numbers of Africans were employed. These were the commercial distributive and building trades and municipal undertakings.

168 A SURVEY OF RACE All this :information was brought up to date by the Institute of Race Relations in 1950 and again in 1954. In the latter calculations, the motor and engineering industries were also included. Results were as follows: Monthly contributions by: Area Johannesburg Vereeniging Reef towns Pretoria Year Man ...1940 £4 2 1944 £7 12 1950 £8 15 1954£1181...1944 £72. 1944 £7 2 1950 £8 5 ... 1944 £7 1 1950 £8 5 Wife Children Total In its sample survey conducted in 1956, the Johannesburg Municipality calculated that the average actual family income of all African families with incomes was £15 19s. 6d. in Johannesburg locations and townships. The Institute's figure of £15 18s. lid. in 1954 would certainly thus not appear to be an under-estimate. (d) Estimates of Minimum Essential Expenditure of Urban African Families Various estimates have been made of the poverty datum line for urban African families, which includes only those items essential for the preservation of minimum standards of health and decency. These items are food, rent, transport, fuel and light, cleansing materials, clothing and tax. A full explanation is given in the publication African Poverty of how the costs of these various items were calculated by the authorities(") who undertook the investigations. Results were as follows, for a family of five per month: Area Johannesburg ...... Reef towns ...... ,,l ,, Springs ...... Pretoria ...... Vereeniging ...... Year 1944 1950 1954 1944 1950 1951 1944 1950 1944 1950 Poverty Datum Line £12 18 6 £17 14 4 £23104£11010£15183£1518£12194£17 111£113 10 £16 8' 3 (4k) The Institute of Race Relations and, in regard to Springs, Institute. the National Building Research

RELATIONS: 1956-57 169 (e) Actual expenditure of African families It is, of course, certain that Africans do spend some money on items not included in a poverty datum line budget. For this reason it is interesting to compare the results given above with those of a survey by the Cape Western Committee of the Institute of Race Relations in 1952 of the actual expenditure of thirteen sample African families in a squatters' camp at Eureka Estate near Cape Town. The average monthly budgets of these families were as follows: Items included in the poverty datum line budgets ...... £20 17 1 Other items Hire purchase payments and savings 5 10 Household goods and equipment ... 17 5 Medical expenses ...... 18 5 Schooling ...... 5 Church dues ...... 2 2 Newspapers and tobacco ...... 8 1 £2 12 4 £23 9 5 As will be shown in the paragraphs that follow, a majority of urban African families is living below the poverty datum line. As they cannot reduce their expenditure on rent, transport and tax, this means that they spend even less than the minimum deemed essential for health and decency on items such as food and clothing. But their expenditure does not conform to poverty datum line budgets: they do spend some amounts on newspapers, medicines, amusements, stationery, tobacco, etc. This can be done only if the expenditure on food and clothing is still further reduced - unless they supplement their incomes by illegal or anti-social methods or, where this is possible, by working overtime. (f) Comparison of average incomes with minimum expenditure necessary for maintenance of health Working on data given in earlier sections of African Poverty, the following comparisons were made of family income and expenditure per month: Essential Minimum Average Expenditure income Income Area Year per month per month deficit Johannesburg ...... 1944 £12 18 6 £9 18 1 £3 0 5 Reef towns ...... 1944 £11 0 10 £9 7 9 £1 13 1 Johannesburg ...... 1950 £17 14 4 £12 16 6 £4 17 10 Reef towns ...... 1950 £15 18 3 £12 6 6 £3 11 9 Pretoria ...... 1950 £17 1 11 £12 6 8 £4 15 3 Western Areas, Johannesburg 1951 £19 0 8 £13 19 6 £5 1 2 Eureka Estate, Cape Town ... 1952 £23 9 5(45) £14 17 10 £8 11 7 Johannesburg ...... 1954 £23104 £151811 £7115 (45) Actual, rather than minimum essential, expenditure.

170 A SURVEY OF RACE It will be noted that the gap between essential minimum expenditure and average incomes has widened over the years. Incomes have risen, but the cost-of-living has risen even faster. (g) Proportions of African families with incomes below poverty datum line standards These proportions, in areas where relevant data were available, were calculated to be as follows: Area Western Areas, Johannesburg Johannesburg...... Krugersdorp ...... Johannesburg ...... Percentage of families with incomes below Year the essential minimum ... 1950 73% 1951 73% 1952 69% 1953 78% ... 1956 87% (h) Surveys by the National Building Research Institute Between 1951 and 1954 the National Building Research Institute carried out detailed studies of the rent-paying capacity of African households in various towns. The methods used are explained in the publication African Poverty. Results were as follows: Town Durban ...... Port Elizabeth Vereeniging ... Germiston ... Average ...... Unable to afiord any rent 55.3 70.0 57.5 62.8 61.6 Percentage of families able to afford some rent but require subsidization 15.5 10.2 12.0 7.8 11.2 Able to pay economic rent 29.2 19.8 30.5 29.4 27.2 Results of Further Surveys (a) Johannesburg In February 1957, during the bus boycott, a cost and management consultant was employed by the Johannesburg Municipality to investigate the least possible level below which African family incomes should not fall. He calculated(46) that the barest minimum expenditure required to sustain a Non- European family of five in Johannesburg townships and locations varied from £18 Is. 7d. to £23 13s. 8d. a month, the variation being due to the fact that the costs of different items, for example food, rent and transport, varied in different townships. He calculated that the average income required to provide the barest essentials of subsistence was about £21 a month. (46) The results, entitled Basic Cost of Uiing for Notn-Europeans in Johannesburg, were published in duplicated form.

RELATIONS: 1956-57 171 As a result, as has been stated earlier in this Survey, the City Council decided to subsidize the housing of all African families with incomes of below about £21 a month. (b) Durban In a recently published article(7), Professor R. Burrows, Head of the Department of Economics at Natal University, said that the minimum monthly expenditure in Durban in 1951 for a family of four (not five, as in other family budgets quoted) for food, clothing, cleansing, fuel and light was £L1 5s. Id. Rent and transport for the worker are not included. The minimum cost of living for Africans in Durban rose by 80 per cent. between 1944 and 1951, he said, due to the decreased purchasing power of money. But, furthermore, "Many Africans are now permanent employees in urban areas in contrast with the predominantly migrant workers of pre-war days. Wages are now seldom merely a means of paying tax or lobola or buying 'town' articles to show off with pride in the kraal - they are more often the sole means of support for the worker and his family . . . Another rise in the cost of living is the result of trying to attain to a higher standard, but few would wish to check this upward striving even if it results in straining the family purse". (c) Cape Town Professor E. Batson, Head of the Department of Social Science at the University of Cape Town, recently said(4") that according to the latest calculations of his Department, the poverty datum line for the average household of a man and wife and three children in Cape Town requires a pooled income of from £19 13s. 4d. to £23 18s. 4d. a month, according to the ages of the children. On this basis, of the 6,800 African families living in the Cape Town municipal area, 2,700 are below the datum line, he said. Some 12,000 of the 38,000 Coloured households are below this line. This represents at a rough estimate not less than 75,000 people. (d) Coloured families in Germiston During the period 1955/56, Germiston Municipality undertook a socio-economic study of 391 Coloured families living in the Dukatole township(49). Total monthly family incomes were distributed as follows: For comparison, Coloured families African families in at Dukatole Johannesburg, 1956 Under £15 ...... 29% 48% £15 £- 19.9 ...... 10% 30% £20 - £24.9 ...... 10% 9% £25 and over ...... 51% 13% (47) Natal Mercury, 17 April 1957, republished by Institute of Race Relations as NCR 39/57. (48) Statement handed to the Cape Argus, 5 September 1957. (49) Die Kleurlinge van Dukatole, 'n Sosio-ekonomese Opname, 1955156. Stad Germiston.

172 A SURVEY OF RACE RECOMMENDATIONS IN REGARD TO INCREASED WAGES AND ALLOWANCES FOR NON-EUROPEAN URBAN WORKERS As has already been mentioned, during the bus boycott the Government was urged by the Parliamentary Opposition and by numerous private organizations to appoint a commission to investigate the economic conditions of urban Africans. Its reply was that wages were continually under review by the Wage Board. The publication African Poverty by the Institute of Race Relations, and its memoranda in connection with the economic background to the bus boycott, the inability of Africans to pay increased taxation, and the necessity for subsidized rentals while wages are below the poverty datum line, were very widely distributed. During September 1957 its Director wrote to the Secretary for Labour and to the Secretary of the Wage Board, pointing out that workers paid at these low rates must inevitably be ill-fed, ill-clad, inefficient and discontented. It would be to everyone's advantage, he said, if, on the one hand, adequate wages were paid, and, on the other, the workers were trained to be more productive and worthy of higher wages. During the bus boycott, the Association of Chambers of Commerce urged the Government to investigate the position of the Non-European in the larger urban areas, with particular reference to wage levels, living standards and transport costs, but having due regard to the question of productivity. At its annual conference held during March, the S.A. Trade Union Council noted that, even using the unsatisfactory basis of the retail price index for assessing changes in the cost of living, these costs had more than doubled since 1938. Yet the statutory cost-of-living allowances had been pegged since March 1953. The Council urged the Government to increase these allowances immediately to meet in full the rise in living costs, and, thereafter, to adjust them in accordance with every fluctuation of five points in the index numbers. The Leader of the Labour Party pointed out in the Assembly(5") that, under the pegged statutory cost-of-living allowances, workers earning a weekly wage of 30s. were receiving an amount of 13s. 9d. But if they were given an allowance that would restore the pound to its pre-war level, they should be getting 32s. 6d. In other words, they were being defrauded of 58 per cent. of the allowance due to them, he said. The Minister of Labour replied(") to such arguments by saying that many employers paid more than the statutory amounts, and that the Wage Board was not bound by these. The Government, he added, had consolidated a portion of the cost-of-living allowances with the salaries of its employees. '(60) 28 March 1957, Hansard 10, col. 3718. (51) Assembly, 8 May 1957, Hansard 15, cols. 5642143.

RELATIONS: 1956-57 173 Mr. H. F. Oppenheimer, M.P., commented(2) that the whole system should be re- investigated. The whole purpose had originally been that basic wages should remain fixed during the war, and that difficulties caused by rising costs which could not be avoided during this period should be met by cost-of-living allowances. "But", he said, "if one reaches a state of affairs where cost-of-living allowances are frozen but basic wages and other allowances have to be changed to meet the just requirements of workers, then obviously something is wrong with the whole system". The 'Congress Group' has been pressing for a national minimum wage of £1 a day. INVESTIGATIONS BY THE WAGE BOARD In the Assembly on 28 March(53), the Minister of Labour gave detailed information about wage increases granted during 1956 as a result of Wage Board determinations and of Industrial Council agreements. Basic wages of unskilled workers in the metal containers industry in Johannesburg, for example, had been raised from £2 Os. 9d. to £2 ls. 9d. a week. Those of workers in the laundry industry in Durban had risen from £1 18s. Gd. to £2 3s. 9d. a week. Numerous other examples were given. During the year under review, the Government has frequently been urged to re- investigate the position of general unskilled workers (including municipal employees), who fall under Determination 105, which had not been revised since 6 November 1952. Minimum wages payable to them are £1 7s. Gd. a week in Johannesburg, for example, and even less in Pretoria. If cost-ofliving allowance is added, the monthly total works out at only £8 16s. 7d. in Johannesburg. (The Johannesburg Municipality voluntarily pays just under £2 a month more than this, but the Pretoria Municipality pays at minimum rates). The Minister of Labour said in the Assembly in May(") that of some 1,111,600 African adults in Reef municipalities in 1957, 731,000 were in employment. Of these, 135,519 were covered by industrial agreements and 67,711 by wage determinations, leaving 54,000 whose minimum wages were controlled by Determination 105. Many of those in this last group, he added, did receive more than the minimum amounts. He nevertheless did instruct the Wage Board to revise the determination for general unskilled workers in Port Elizabeth. They previously received £1 7s. Gd. a week, which, with cost-of-living allowance, worked out at £8 16s. 7d. a month. They are now to receive a minimum inclusive amount of £12 Is. 7d. a month, rising after three years of uninterrupted service to £13 5s. 5d. (52) Cols. 5650151. (_5) Hansard 10, col. 3722. (5) 8 May 1957. Hansard 15, cols. 5606/12.

174 A SURVEY OF RACE This sum is, of course, far below the poverty datum line, and is even below the Government's own figure of £15 entitling a family to sub-economic housing. The Wage Board has been instructed also to revise the determinations for general unskilled workers on the Rand and in Cape Town, Durban, Pretoria, Bloemfontein, East London, Pietermaritzburg and Kimberley. It is also preparing new determinations for the laundry, cleaning and dyeing industry, the bakers and confectioners industry, and for employees in private hotels, boarding houses and flats. EMPLOYMENT IN AGRICULTURE Early in 1957, the Transvaal Agricultural Union took steps for closer liaison with the Native Affairs Department and with the various labour bureaux in connection with the flow of African labour to the farms. It circularized all affiliated branches, pointing out that farmers were at a great disadvantage in competing for labour with ind ustry and commerce, and thus urged the improvement of wages and working conditions for African farm workers. It asked all branches to establish special Native affairs committees, to fulfil a public relations role, to improve employer/employee relations, to consider the need for improved amenities such as better housing, and if necessary to provide the opportunity for farm workers to air their grievances. The organization of an efficient transport service was recommended, for bringing new employees to work and returning them after they had ended their contracts. The Transvaal Agricultural Union is undertaking a complete survey of the labour situation on farms in that province. It circularized all farmers asking them to state their requirements, and at the same time to agree to specific undertakings concerning wages and other conditions of employment. The Institute of Race Relations is sponsoring a detailed study of farm labour in the Albany and Bathurst Districts of the Cape, which is being carried out by Miss M. Roberts under the direction of Professor D. Hobart Houghton, Director of the Institute of Social and Economic Research at Rhodes University. Labour tenants control boards, appointed in terms of the Native Trust and Land Amendment Act of 1954(11), have begun work in some areas. Farmers accommodating more than five labour tenant families on their properties are being asked to show cause why the number should not be reduced. There is no restriction on the number of full-time workers a farmer may employ. Section seven of the Native Laws Further Amendment Act, No. 79 of 1957, provides that should a male labour tenant die, the (55) See Survey of Race Relations, 1953/54, page 85.

RELATIONS: 1956-57 175 woman who previously lived with him (whether or not she is his wife) may if she wishes, and if the farmer agrees, be registered as a labour tenant in order that she and her family may continue to live on the farm and work there for certain periods of the year. As a comprehensive agricultural census is conducted only every five years, the latest detailed information is in respect of the year ended 31 August 1954. The labour position at the end of that year, on all occupied farms of Whites, Coloured people and Asians in rural areas, and on occupied holdings one morgen or more in extent in urban or peri-urban areas, is shown in a recently published report(" ). There were then 9,341 Whites, 101,418 Coloured persons and Asians, and 701,495 Africans employed as farm labourers. The oqcupiers and their families are excluded, as also are seasonal and occasional labourers. African squatter and labour tenants are, however, included. During the month of August 1954, the Whites received £252,585 in cash wages, the Coloured and Asian labourers £466,020, and the Africans £1,606,086. Separate figures for men and women are given in the report; but wages for adults and juveniles are combined. Furthermore, wages vary at different times of the year, being highest at harvesting time. It is, therefore, very difficult to arrive at accurate average figures. There were also 100 White, 22,877 Coloured and Asian, and 129,845 African domestic servants employed on these farms. During the month of August 1954 they earned in cash wages £1,007, £43,408, and £173,720, respectively. Besides their cash wages, the farm labourers and domestic servants received food, wine, tobacco, clothing, shoes, etc., valued at £42,525 for the Whites, £245,727 for the Coloured and Asians, and £921,279 for the Africans, during the month of August 1954. Also during the year ended 31 August, they received bonus payments in the form of grain and livestock valued at £221,580, £90,028, and £1,686,829 respectively. These figures exclude benefits in the form of free housing, arable land made available for cultivation, grazing for livestock, medical services, leave, and services provided by the farmer --for example free seed and fertilizer, and use of equipment. The report gives figures showing crop production and livestock owned by Whites, Africans on farms of Whites, and Africans in the reserves. The statistics in respect of Africans in the reserves are, in general, very much out of date. EMPLOYMENT IN SECONDARY INDUSTRY Statistics showing employment in secondary industry, too, are much out of date and frequently are contradictory. The latest figures in the official Bulletin! of Statistics, for the year 1953/54, are as follows: (56) Summary Report on Agricultural and Pastoral Production, U.G. 28/57.

176 A SURVEY OF RACE Whites Coloured Asians Africans Manufacturing ...... 212,046 89,216 25,553 346,018 Building and other construction ...... 36,203 12,494 399 78,971 Electricity undertakings 8,032 1,644 86 12,990 Totals 256,281 103,354 26,038 437,979 These statistics do not, apparently, relate to quite the same range of industries as is covered by the industrial census. Preliminary industrial census figures for 1952/53 showed a total of 259,869 Whites and 559,789 Non-Whites, whereas for the same year the Bulletin of Statistics gave 248,938 Whites and 538,798 Non- Whites. The Minister of Native Affairs said in the Senate during February(7) that estimated total figures for 1956, based on monthly sample surveys, were as follows: Men Women Total Whites ...... 204,400 45,100 249,500 Coloured ... 65,000 37,000 102,000 Asians ...... 24,000 2,000 26,000 Africans ... 422,000 10,000 432,000 Information relating to the skills of the workers is also very inadequate, being completely lacking in respect of the 377,626("8) employees whose wages were in 1955 governed by industrial council or conciliation board agreements or arbitrators' awards. The only available information relates to 297,405 employees whose wages are governed by current wages determinations made between the years 1937 and 1955. The Wage Board deduces skills from wages paid. Certain sections of manufacturing industry are included, also the distributive and catering trades and the motor industry; but workers covered by wage determinations for unskilled labour only are excluded. The latest report of the Wage Board shows(9) that the percentages of these workers who fell into the various grades were as follows: Percentages White Coloured Asians Africans Total Skilled ...... 83.6 5.3 5.5 5.6 100.0 Semi-skilled ... 27.8 20.1 10.1 42.0 100.0 Unskilled ...... 1.0 12.6 3.9 82.5 100.0 Total number of workers involved 110,169 32,926 16,545 137,765 297,405 (51) 25 February 1957, Senate Hansard 6. col. 1163. (58) Figure quoted in Report of Department of Labour for 1955. U.G. 21/1957. Dages 2213. f59) Ibid, Table 20.

RELATIONS: 1956-57 177 These figures can also be analysed to show the skills of the workers of each racial group, as follows Skilled Semi-skilled Unskilled Total W hite ...... 86.1 12.7 1.2 100.0 Coloured ...... 18.1 30.9 51.0 100.0 Asians ...... 37.4 30.9 31.7 100.0 Africans ...... 4.6 15.4 80.0 100.0 All employees ...... 38.1 17.0 44.9 100.0 As an example of the interpretation of these tables, 42.0 per cent. of all the semi- skilled workers were Africans. Of the African workers themselves, 15.4 per cent. were semi-skilled. As from 1 February 1957 the Transvaal Chamber of Industries inaugurated a pension scheme, underwritten by an insurance company, which is available to all employees, Non-White as well as White. The S.A. Federated Chamber of Industries decided in August 1957 to explore means of achieving greater liaison between employers and Non-White employees in the manufacturing industry. Because of the non-recognition of African trade unions, official channels for the exchange of views have been lacking. The employers decided to prepare a plan whereby the aspirations and current trends of thought of the Non-White employees could be brought to their attention. EMPLOYMENT IN COMMERCE A result of the bus boycott was that many employers in the distributive trade in Johannesburg realised that the minimum wages payable to unskilled workers, even in terms of the revised determination published in March 1955(6°), were too low. Many, if not most, of these employers are voluntarily paying more than the minimum. During 1957, the Johannesburg Chamber of Commerce announced a new pension scheme which will include Non-White workers. Any employee who leaves one firm and joins another which is also associated with the fund will be able to continue contributing without loss of his pension rights. It was mentioned in our last Survey(1) that during June 1955, the Native Affairs Department decided to enforce Section six of the Natives (Urban Areas) Consolidation Act of 1945. This provides that, except in the cases of those established in the 'White' parts of towns before 1936, no African may acquire an interest in land in such areas unless with the prior permission of the Governor- General, granted in approved cases after consultation with the local authority concerned. (60) Government Notice No. 506 of 1955. (61) Pages 132 et seq. RRP

178 A SURVEY OF RACE This section had hitherto not been strictly enforced, and, in the larger towns, many African business and professional men were in occupation of sites in the 'White' areas without Ministerial authority. They were informed that they would be given a period of grace within which to wind up their businesses and transfer to an African township or location. Even those in lawful occupation of premises were told that it would be in their interests to start looking for sites in African areas. The Institute of Race Relations pointed out to the Native Affairs Department at the time that the policy of exclusion of African professional men and traders from the central areas of the towns, where most workers spent their working hours and a substantial portion of their earnings, could not be regarded as just. It was tantamount to giving Europeans a monopoly. Increased control over the activities of African businessmen was introduced during 1957, in terms of the Native Laws Amendment Act (Act 36/57). Previously, Section twenty-three (1) (g) of the Natives (Urban Areas) Act had enabled the Governor-General directly, or through the local authority concerned, "to prohibit any male Native from working as a togt or casual labourer or from carrying on any work as an independent contractor unless the prescribed officer has by licence authorized him to do so for a period stated therein . . The 1957 Act added, after the word "work", the words "on his own account in any business, trade or other remunerative activity." The effect is that African professional men, tailors, herbalists, light industrialists, eating-house keepers and others will in future, if the Department so decides, require licences to carry on their work, even in an African township. Opposition speakers pointed out, during the debate on the Bill(6") that it would now be possible for members of this stable middle-class element in African society to be deprived of their living at any time by the cancellation of their licences. They expressed views similar to those of the Institute of Race Relations, summarized above. In reply, the Minister of Native Affairs said(3) "Some of these Natives abuse their presence within the White urban area to trade in competition with the White traders . . . That certainly is not something I am prepared to tolerate . . . The Native has a very privileged position in the location area". During September 1957 the Native Affairs Department instructed local authorities that as from the beginning of 1958, no White agents or representatives should be permitted to enter urban locations. In the meantime, while suitable Africans were being trained to take over the work, White agents should be allowed to (62) Assembly, 10 April 1957, Hansard 12, cols. 4505107. (63) Col. 4519. enter locations only under permit issued by the local authority and, in any case, only on weekdays. This caused much consternation in the National Union of Commercial Travellers, especially as the terms "agent or representative" were not clearly defined. Eventually Departmental spokesmen made Press statements("4) to the effect that the order did not apply to agents of wholesale firms, but to insurance agents and the door-to-door type of salesman. Furthermore, European representatives of firms would still be permitted to enter locations on weekdays for the purpose of exercising supervision over African agents or representatives under their control. Two wholesale businesses have been set up by Africans during the year under review, to supply African traders. The first, established by African Commercial Enterprises, Ltd., in Mofolo Village, Johannesburg, has a board of directors headed by Senator Leslie Rubin, and including other prominent Europeans serving in an advisory capacity. The second has been established at Sibasa in the Northern Transvaal by the Vendaland Trading Company (Pty.), Ltd. The only Europeans concerned with this venture are the company's auditors. Several commercial banking concerns have recently opened branches in African townships. EMPLOYMENT IN MINING The average daily number of persons employed in mining during 1956(5) was 65,096 Whites, 2,914 Coloured, 396 Asians and 472,959 Africans. The large majority of these, namely 51,250 Whites and 354,608 Non-Whites, were employed in gold mining (including uranium production). According to the Minister of Mines("), members of the Transvaal and Orange Free State Chamber of Mines were towards the beginning of 1957 employing 35,377 Whites and 273,569 NonWhites in the Transvaal, and 6,793 Whites and 54,884 Non-Whites in the Free State. The average wages paid to Africans per shift, he said, were 2s. 10d. for surface workers and 4s. 3d. for underground workers. The cost to the industry of food supplied was Is. 2d. per shift. No estimates were available of the cost of housing, medical services, etc. The proportion drawn from within the boundaries of the Union of the total African labour force employed by members and contractors of the Witwatersrand Native Labour Association showed a slight increase from 1955 to 1956: from 34.27 to 34.71 per cent.(7). Of the remainder, in 1956, 16.64 per cent. came from the High Commission territories, 30.78 per cent. from the East Coast, (64) As reported in Rand Daily Mail, 4 October and 9 November 1957. (65) Official Monthly Bulletin of Statistics. (66) Assembly, 26 March 1957, Hansard 10, cols. 3496/97. (67) Report of the Witwatersrand Native Labour Association for 1956, RELATIONS: 1956'57 179 and 17.87 per cent. from the tropical territories. The total number employed was then 334,497. Mr. H. F. Oppenheimer, M.P., said in the Assembly during January(8) that there were fourteen gold mines on the Rand which were 'marginal' mines, in serious danger of closing down in the near future. They were producing £43-million of gold each year, they employed 14,000 Whites and 100,000 Africans, and they spent £18.5-million annually on South African stores. Thousands of people besides the miners thus depended on these mines for a living. It might be possible to find employment elsewhere in South Africa for the workers involved, he said; but the legitimate vested interests of the whole communities in Brakpan, Springs, Nigel and other towns concerned would be most seriously affected if the mines were to close. A new industrial plan for these areas should be devised without delay. But the policy of the Government that new industrial development should take place on the borders of the reserves instead of in existing industrial areas was making this impossible. This whole matter has given White miners much food for thought. Since wage regulations are made for the industry as a whole, the position of the marginal mines is blocking any prospect for mining unions of obtaining improved conditions from the 'rich' mines. The suggestion has been made that if the colour bar were relaxed on the marginal mines, enabling Africans to be employed in some of the reserved occupations, it would be possible, by paying them at lower rates than the Whites receive, to lower costs and prolong the life of the mines concerned. In connection with the colour bar, and the Government's insistence that Africans should, as far as possible, do skilled work in their own areas only, Dr. D. L. Smit, M.P., said in the Assembly(") during May that a few months previously he had visited the oil-from-coal works at Sasolburg. This is a government undertaking. "Sigma Colliery there", he said, "supplies coal by an elaborate system of conveyor belts. The most modern mechanical methods have been brought into operation in the working of that mine. The labour force there consists of 40 Europeans and 400 Natives. With the exception of the blasting, all the electrical appliances such as the electrical coal-cutters, the drilling machines, the mechanical loaders and the shuttlecars are skilfully operated by trained Natives. I was told that it takes six months to train a Native for the job . . . Here was a government concern in which the Natives were doing highly skilled work..." () 24 January 1957, Hansard 1, cols. 155/6. (69) 23 May 1957, Hansard 17, cols. 6567/68. 180 A SURVEY OF RACE

RELATIONS: 1956-57 181 AFRICAN BUILDING WORKERS In reply to a question in the Assembly during March("), the Minister of Labour said that 1,244 Africans had by then been registered as building workers in terms of the Native Building Workers Act of 1951. The trades in which various of them were registered were bricklayers, blocklayers, plasterers, carpenters, painters, plumbers and electricians. A further 1,095 Africans were registered as learners. A few days later he added(71) that the training of 342 more had been suspended on account of the fact that certain building schemes had come to a halt, and because some of them resigned from the scheme or were dismissed. The Electrical Wiremen and Contractors Amendment Act, No. 35 of 1957, contained a section designed to enable Africans trained under the Native Building Workers Act to obtain practical experience in electrical wiring. The African Building Workers' Industrial Union, an unofficial organization, has been formed in Johannesburg. Like numbers of other African workers, members have been pressing for a minimum wage of £1 a day. They also demanded a 40- hour week, holiday pay, and all the conditions of service applying to European building workers. Some of them are doing most responsible work. African foremen, for example, are each required to maintain control of a labour force of some 500 men. EMPLOYMENT IN THE PUBLIC SERVICE The implementation of legislation of recent years has made necessary a considerable increase in the staff of the Public Service. As this process coincided with a period of industrial expansion, the Public Service is inevitably experiencing the effects of the manpower shortage. The Minister of Native Affairs (on behalf of the Minister of the Interior) said during February(2) that in 1948 there had been 81,428 posts for Whites and 20,002 for Non-Whites on the fixed establishment. By 1956 these numbers had grown to 97,924 and 30,428 respectively. According to the Report of the Public Service Commission for 1956("3), there were 6,495 appointments and 4,997 resignations during 1955. The position was numerically more favourable in 1956, with 7,164 appointments and 3,005 resignations. At the end of the latter year there were vacant posts for 19,095 Whites and 1,980 Non-Whites. Against these were being held 11,781 White and 2,295 Non-White temporary employees - 315 Non-Whites, then, were presumably being held against posts designated for Whites. (70) 8 March 1957, Hansard 7, cols. 2423/24. (71) Senate, 11 March 1957, Hansard 8, col. 1857. (12) Senate, 20 February 1957, Hansard 5, col. 1005. (7) U.G. 17/1957, pages 8 and 9.

The Minister of Native Affairs said, also("), that included in the above totals for 1956 were 2,226 posts for Whites and 2,102 for Africans on the staff of the Native Affairs Department. Not all the Non-White employees are engaged in labourers' work, or in more skilled work in the service of their own people only. This was proved, inter alia, by a statement by the Minister of Posts and Telegraphs, made during February('). He said that, excluding those engaged exclusively in serving the requirements of African reserves, townships and locations, there were then 171 Coloured, 1 Asian and 13 African people employed on the sorting of mail and parcels, and 1,059 Coloured, 41 Asian and 1,068 African men employed on the delivery of mail, parcels and telegrams. According to the Minister of Native Affairs (on behalf of the Minister of Justice) (7), the establishment of the police force at the beginning of 1957 was as follows: Employed Vacancies Whites ...... 11,092 846 Coloured ...... 839 19 Asians ...... 292 7 Africans ...... 9,720 424 The Minister of Justice said("), "The Native police . . . are doing wonderful work. They ... often perform some of the most wonderful acts of heroism. A single Native constable often pursues a whole gang of dangerous criminals, and he is often seriously injured . . . We are very satisfied with the way in which they do their work". EMPLOYMENT IN THE RAILWAYS AND HARBOURS ADMINISTRATION The average numbers employed in the S.A. Railways and Harbours Administration during 1956 were(r") 108,348 Whites, 10,916 Coloured persons, 639 Asians and 104,234 Africans. According to the Report of the General Manager of Railways and Harbours for the year ended 31 March 1956(9), during this year additional posts had been created for 3,654 Whites and 7,828 Non- Whites. In the Railways, too, Non-Whites are gradually taking over some of the work previously carried out by Whites. The Minister of Native Affairs (on behalf of the Minister of Transport) said (74) Senate, 20 February 1957, Hansard 5, col. 1000. (75) Senate, 19 February 1957. Hansard 5, cols. 950/51. (76) Senate, 18 February 1957, Hansard 5. col. 890. (77) Assembly, 14 May 1957, Hansard 16, col. 5970. (T8) Official monthly Bulletin of Statistics. (79) U.G. 36/1956, paeg 172. 182 A SURVEY OF RACE

RELATIONS: 1956-57 183 during February, in reply to a question in the Senate(80), that 40 Non-White clerical workers, 14,452 labourers, and 861 other NonWhite workers, were then occupying posts previously held by Europeans. EMPLOYMENT IN MUNICIPAL SERVICE IN THE TRANSVAAL At a conference of the Transvaal Municipal Association held in October 1957, officials of the joint municipal pension fund proposed that some classes of Non- White employees should be admitted to the fund on the same basis as that applicable in the case of White employees. It would, for the time being at any rate, be uneconomic to establish a payallel fund for Non-Whites, they said. The Executive Committee of the Association supported this suggestion. Opinion was divided, some opposition being encountered especially from delegates from the small country towns. It was decided to refer the suggestion to local authorities for comment. Two Transvaal municipalities, Roodepoort-Maraisburg and Benoni, already pay pensions to Non-White employees, from municipal funds. Others - Germiston, Pretoria, Randfontein, Springs, Boksburg, Johannesburg and Krugersdorp, for example pay lump sum gratuities, in most cases only after a certain number of years of service. THE PROFESSIONS Two Coloured medical practitioners gained distinctions during the year under review. Dr. R. D. Hendrikse of Durban qualified for the M.D. degree; and Dr. H. V. F. Jordaan qualified as a specialist gynaecologist. Three more Indians, Mr. I. Mahomed of Pretoria, Mr. E. A. Gani of Balfour, and Miss P. Mathukrishna of Durban, were admitted to the Bar, and Mr. N. G. Patel of Johannesburg was admitted to the Side-Bar. Mr. A. Vilakazi, an African of Durban, was offered and accepted the Chair of African Studies at Hartford Seminary, Connecticut, U.S.A. The Minister of Native Affairs has ruled that only African medical practitioners may have consulting rooms within African townships or locations. This created difficulties for European and Indian doctors practising in such areas, for the locations serving the larger towns are some distance out. There are, as yet, insufficient African doctors to serve the needs of their people. Eight African nurses, at Baragwanath Hospital, passed the first course to be held for Africans in the Union for the training of diagnostic radiographers. (80) 25 February 1957, Senate Hansard 6, col. 1166.

According to information given by the Ministers of Native Affairs and Health("), towards the beginning of 1957 there were 14,934 European, 2,525 African, 521 Coloured and 53 Asian registered nurses. There were 11,042 midwives: their racial groups had not been recorded. Also there were 5,109 European and 2,965 Non-European student nurses. PERSONAL SERVICE A Coloured man, Mr. E. Davids, has been granted a liquor licence for an hotel he is establishing at Beaufort West (on the national road between Cape Town and Johannesburg) to cater for Non-Whites. MAJOR RESEARCH IN PROGRESS The National Institute for Personnel Research has been investigating the application of financial incentive schemes in South African industries, and developing selection procedures for African civil servants and classification tests for African workers. It has also been studying the causative factors in the occupational differentiation of African operatives. Among the more important research projects in progress or recently completed at the universities are the following: Pretoria University: (i) South-West Africa: A study of economic development in an underdeveloped country. (ii) Wage differentiation with special reference to South Africa. Rhodes University: Correlation of data on African family budgets and standards of living in the Border region of the Cape. Stellenbosch University: (i) Ekonomiese posisie van die Kleurling in Wes-Kaapland. (ii) Plaasarbeid in Wes-Kaapland. Witwatersrand University: A study of the relationship between European housewives and their domestic servants in Johannesburg. EDUCATION BANTU EDUCATION Financing of Bantu Education Clause 36 of the Native Laws Amendment Act, No. 36 of 1957, which became law, empowers the Minister of Native Affairs, when deciding on rentals for the occupation of any lot, house, hut or building to be let for residential purposes in a location, Native (81) Senate. 12 March 1957. Hansard 8. col. 1900; Assembly, 11 June 1957. Hansard 20. cols. 7830 and 8068. 184 A SURVEY OF RACE

RELATIONS: 1956-57 185 village or hostel, to take into consideration the costs of providing educational services in the interests of the residents. Local authorities who finance the erection of lower primary schools are required to obtain funds for interest on and redemption of the capital loan raised for this purpose by increasing the rentals payable in the location, Native village or Native hostel by an amount not exceeding 2s. per month. The Institute of Race Relations pointed out(') that it is a new and highly undesirable principle of public finance that the poorest section of the community should be expected to pay for its own social services. When the Bill was under debate in the Assembly, members of the Opposition drew attention(2) to the fact that the erection of housing schemes and lower primary schools for Africans was being financed by means of loans which the Africans themselves had to repay, together with the interest. Europeans in the lower-income groups, who did not pay income tax, obtained their school buildings free of cost to themselves. The revenue and expenditure of the Bantu Education Account for the year 1955/56 was incorporated in the Report of the Controller and Auditor-General for that year('). The revenue was as follows: Fixed statutory appropriation from Revenue A ccount ...... Four-fifths of Native general tax ...... Receipts from Bantu schools, etc ...... Unspent balance from previous year ...... £6,500,000 1,966,283 60,639 481,753 £9,008,675 Of this total, £7,884,775 was spent. The items of expenditure were: Grants-in-aid to community, remaining mission and vocational schools ...... School feeding ...... Bursaries to pupils ...... Salaries, wages and allowances ...... Supplies and services ...... General administration ...... £6,159,124 446,843 11,770 885,596 154,479 226,963 £7,884,775 (1) RR 4211957. (2) Assembly, 10 April 1957, Hansard 12, cols. 4456. 4459. (3) U.G. 3811956, pages 9 and 75, and 39/1956. pages 409 and 539.

A SURVEY OF RACE In addition, on the Loan Vote of the Native Affairs Department, study loans amounting to £13,235 were made to African students, and £155,837 was advanced for the erection of school buildings. Government Notice No. 251 of 22 February 1957 set out regulations for school funds in Bantu Community Schools, to be applicable to all schools in a particular area if the relevant school board so decides. The revenue of these funds will be derived from bazaars, concerts, sales of work, etc., and, in addition, pupils in secondary (but not primary) classes may be required by the school board to make compulsory contributions, amounting to not more than 10s. per pupil per quarter. Voluntary contributions may, however, be requested from primary school pupils, the maximum amounts being 6d. a quarter in lower primary, and 2s. a quarter in higher primary schools. School boards may collect up to ten per cent. of the revenue of each school committee in their areas. These funds may be used for bursaries, organization of inter-school functions and provision of amenities in the school board offices; also, with the Regional Director's approval, for other purposes in the interests of education. Contributions to school funds, in the case of White children, are on a voluntary basis. Development of Bantu Education The head of the Division of Bantu Education within the Native Affairs Department is now designated the Director of Bantu Education, instead of the Under-Secretary for Bantu Education, as formerly. According to a Press statement by the Chief Information Officer of the Native Affairs Department(') the number of African pupils increased from 1,101,299 at the end of 1956 to 1,265,000 in October 1957. The Cape Regional Director of Bantu Education said(') that 74 per cent. of the pupils were in lower primary classes, 23 per cent. in higher primary classes, and 3 per cent. in secondary classes. The number of schools, according to the Chief Information Officer, grew from 5,735 at the end of 1956 to over 6,200 in October 1957. (Of these, 350 were secondary schools(').) At the end of 1956, 23,692 teachers were employed in schools falling under the scheme; and 6,577 teachers were in training at the 50 training centres. (4) e.g. Rand Daily Mail, 30 October 1957. (5) Address to a Conference of the Cape Bantu Teachers' Union, July 1957, as published in the Bantu Education Journal, September 1957. (6) Information given in Vocational Education in South Africa, State Information Office Factpaper No. 45, October 1957.

RELATIONS: 1956-57 187 The Minister of Native Affairs said during April(") that the Department had over- estimated the numbers of children in the homes of urban Africans. Consequently it appeared that a lower primary school would be required for every 600 to 800 families, instead of for every 400 families as was at first estimated. Bantu Secondary Education To qualify for automatic admission to secondary schools or teacher training colleges, African pupils are now required to have obtained a first class pass in the examination at the end of Standard VI. The Chief Information Officer said in a Press statement(8) that if it should happen that there were insufficient pupils with a first class pass to fill the vacancies, the top pupils in the second class would also be considered. According to the Cape Regional Director of Bantu Education, in the speech quoted above, to obtain a first class certificate a pupil must obtain at least 40 per cent. in the three languages and in arithmetic, and at least 50 per cent. aggregate of the total marks. Draft syllabuses for the Junior Certificate Course were published in October 1957. This is a three-year course, post-Standard VI - that is, it takes an African child a year longer than it does a White, Coloured or Indian child to complete the course. Throughout the course, religious instruction and classes in physical education, music and singing are given as non-examination subjects. All Form I pupils are required to study three languages, taking their home language on the A grade. These languages are a Bantu language on the A or B grade; English on the A or B grade; and Afrikaans on the A or B grade or, for the first five years after the introduction of the new syllabus, the C grade. They also study arithmetic, general science, and social studies (history, geography, the conquest of nature by man, vocational guidance, etc.) Besides these subjects, they must study agriculture, or arts and crafts, or homecraft, or woodwork. After passing Form I, the pupils proceed to either an academic course (leading eventually to Matriculation) or to a commercial and clerical course. In Forms II and III of the academic course they must study a Bantu language, Afrikaans, English, social studies, and either general arithmetic or mathematics. Besides these, they must select two of the following subjects - Latin, or mathematics (if general arithmetic is selected above), or general science, or physical science, or biology, or agriculture, or arts and crafts, or homecraft, or woodwork, or a commercial subject. (7) Assembly, 10 April 1957, Hansard 12, col. 4455. (8) e.g. Rand Daily Mail, 22 June 1957.

In Forms 11 and III of the commercial course, pupils must study a Bantu language, Afrikaans, English, social studies, and commercial arithmetic or general arithmetic. Besides these, they must select two of the following subjects - bookkeeping, or commerce, or typewriting, or shorthand, or a natural science. Vocational courses, post Standard VI or post-Junior Certificate, are also available. These will be described below. After passing the Junior Certificate, pupils may proceed to an academic, or a commercial, or a technical Senior Certificate course. These syllabuses have not yet been published. Private schools A full report was given in the 1955/56 number of this Survey(') of the decision of certain churches to retain control of their schools. Their subsidies, which have been progressively reduced, will cease at the end of 1957, and they must then apply for registration as private institutions. They have been informed that, if granted registration (without which it will be illegal for them to operate), they will be expected to follow departmental syllabuses. They may draw up their own syllabus for religious instruction, but it will have to be submitted to the Department for approval. They will set their own examinations and issue their own certificates, which will not be recognized by the Department. Holders of private teacher training certificates will not be entitled to appointments in government or governmentaided schools. As was reported in our last Survey, the company which owned Adams College in Natal was one of the bodies that declined to transfer control to the Government. Nor was it prepared to accept a reduced subsidy, to terminate at the end of 1957, on condition that departmental syllabuses and regulations were followed. It applied, instead, for registration as a private, unsubsidized school. After some months of delay, registration was refused. The Government subsequently purchased the land and buildings. A teacher training college known as the Amanzimtoti Zulu Training School, and the Lyman K. Seymour High School, are now conducted on the site. EDUCATION OF COLOURED AND ASIAN CHILDREN The recommendations of the Coloured Education Commission in the Cape were summarized in our last Survey("). This report was discussed at the Council meeting of the Institute of Race Relations in January, 1957. Mrs. M. L. Grant prepared a summary of it("1), and addresses were given by Mr. D. van der Ross and Mr. E. J. Doman. (9) Pages 1891192. (10) Pages 200-202. (11) RR 183/1956. 188 A SURVEY OF RACF

RELATIONS: 1956-57 189 The findings of Council were as follows("): "The recommendations of the Commission have given general satisfaction to those concerned with the progress of education in the Cape Province. In particular, the Institute welcomes the clear and forthright statement that there is no special differentiated education known as Coloured Education. "The Commission has analysed the present unsatisfactory condition of education for Coloured children and recommends compulsory education, the raising of the educational standards of entrants to the teaching profession, improved medical and school inspection, special classes for deviate children, an increase in the number of schools and more funds for libraries and other similar services. The Institute supports these recommendations. Compulsory education should, in the opinion of the Institute, be introduced without delay, and the recommendation of the Commission to apply it to children between the ages of 7 and 14 should be regarded as the first step towards raising the age of compulsion to the same as that for European children. "While the Institute welcomes the recommendation that the qualifications of teachers should be improved, it points out that the teaching profession will attract recruits of the best type only if the present salaries are raised. "On the subject of the erection of more schools, the Institute would suggest that, in addition to the recommendations made by the Commission, where there are new housing estates, schools should be simultaneously built in the area. "Vocational training in industrial areas for pupils of 14 years or older who have passed Standard V, and in a few country towns training of mechanics in agriculture, are recommended. The Institute hopes that these recommendations will be followed by the establishment of trade schools and agricultural colleges. "Although the Commission makes no recommendation with regard to the source of the greatly increased funds which will be required to finance the improvements set out in the report, nevertheless, the Institute places on record its opposition to the removal of the education of Coloured pupils from the control of the Cape Provincial Administration to that of the Union Government. "The Institute welcomes the suggestion that the provincial authorities should progressively assume responsibility for a State-wide system of education for Coloured children; provided that there is no derogation from the right of Churches to conduct their own schools. "The Institute regrets that no Coloured educationist was appointed to the Commission, as has been done in the past." (12) RR 2011957.

A SURVEY OF RACE During June 1957, the Cape Provincial Council, by a majority of 24 votes to 21, adopted a motion calling for the transfer of Coloured education from the Provincial Administration to the Government. The Moderator of the Nederduitse Gereformeerde Sendingkerk's Synod in the Cape subsequently said(13) that the Dutch Reformed Mission Church sincerely hoped that any decision by the Government on this matter would be taken only after a thorough investigation and after consultation with the Coloured people themselves as well as the churches. Mother-tongue education is now compulsory in mission as well as provincial schools for Coloured children in the Cape. Some Coloured parents, who considered that their children were equally fluent in both official languages, lodged objections when these pupils were put into Afrikaans-medium classes(4). Statistics in regard to Coloured education in the Cape were given in our Survey for 1955/56(5), and in regard to Indian education in Natal in the 1954/55 issue("). Some information relating to the Transvaal has recently become available. Mr. N. van der Walt reported(7) that in 1956 there were 15,846 Coloured and 16,544 Asian children attending school in that province. The teaching personnel included 503 Coloured and Asian men and 201 women, and also 79 White men and 94 White women. EDUCATION OF WHITE CHILDREN Parallel-Medium Schools In the Assembly on 22 January 1957(1) the Prime Minister said that in the Transvaal there were 154 official English-medium schools for White children, 204 official Afrikaans-medium schools, 468 official parallel-medium schools, and 90 private English-medium schools. In the Cape there were 145 official English-medium, 645 official Afrikaans- medium, 416 official parallel-medium and 108 private English-medium schools. The Prime Minister claimed that these statistics proved that English-speaking people did not support parallel-medium schools. It is undoubted, however, that a certain proportion of them do. Mention was made in our last Survey(9) of the fact that both English- and Afrikaans-speaking parents opposed official decisions to divide on a language basis the pupils of schools at Vanderbijl Park and at Welkom. (13) As reported in the Star, 31 July 1957. (14) e.g. Star report, 26 September 1957. (15) Page 200. (16) Page 188. (17) Article entitled "The Education of Coloured Children in the Transvaal," published in the Transvaal Education Bulletin, March 1957. (18) Hansard 1. cols. 38/40. (19) Page 202.

RELATIONS: 1956-57 191 The Administrator-in-Executive-Committee of the Transvaal had issued an order disestablishing the Hendrik van der Byl parallel-medium school in the former town. The intention was to convert it to an Afrikaans-medium school, and to cater for the English-speaking pupils elsewhere. In December 1956 the parents applied to the Supreme Court, Pretoria, for an order setting aside the Administrator's order, and restraining the Administrator from acting under it. They claimed that the Administrator had deliberately flouted and disregarded the wishes of the vast majority of parents, as expressed in several referendums; that he had furnished no valid reason for his decision; and that he had been motivated by a determination, for some reason of his own, to divide the school against the wishes of the parents, and contrary to the spirit and policy of the Education Ordinance of 1953. This order was granted with costs. The judge pointed out that the Education Ordinance laid down the general principle that children should be educated according to the wishes of their parents. The wishes of the parents could be overruled only when financial considerations, or considerations of instructional efficiency, dictated a different course of action. In this case, the parents were opposed to the division of the school on a language basis, and the respondent had conceded that no improvement in efficiency was expected as a result of such division. The judge added that the Education Ordinance did not differentiate between single- or parallel-medium schools on the question of preference. The Transvaal Executive Committee decided not to appeal against this judgment. Instead, the Education Amendment Ordinance of 1957 was introduced. This lays down, firstly, that children shall be educated in accordance with such wishes of their parents as may be conveyed by the parents to the Department by means of the school committee, or, in the case of high schools, the governing body. Opposition speakers pointed out that there was no obligation on school committees or governing bodies to convey the parents' wishes to the Department. Secondly, the Administrator-in-Executive-Committee was given overriding powers, in its discretion, to determine the medium of any school at any time. It was laid down as Provincial policy that, when this discretion was exercised, single-medium schools were to be preferred. In introducing the measure the Administrator said that only in a single-medium school could religion, mothertongue and the culture of a people come into their own right. Book lists for schools in the Transvaal Early in 1956 the Transvaal Education Department issued an official circular which laid down that only books and periodicals listed in the official guide book or approved by the Departmental

192 A SURVEY OF RACE library service would in future be allowed in school libraries or on school and hostel grounds. This applied not only to books purchased from school funds, but also to those accepted by way of donations or loans. During October 1956 the Transvaal Teachers' Association passed a resolution strongly deprecating the book censorship imposed on schools. It requested the Director of Education to withdraw the circular, but he was not prepared to do so. The Quality of the Teaching and of School Organization During the year under review, the Transvaal High School Teachers' Association, the Transvaal Teachers' Association and the Natalse Onderwysersunie all drew attention to the facts that schools are too large; the teaching staffs are too small; too many teachers have to be employed on a temporary basis; salaries are not attracting enough of the right people; and too many teachers are inadequately trained. These matters were discussed at a Provincial Administrators' conference held in Pretoria towards the end of the period under review. SCHOOL FEEDING One suggestion discussed at the conference of the four Administrators was that the school feeding scheme should be curtailed in those provinces where it still operated, and that the money thus saved should be used to effect improvements in salary scales for teachers. The suggestion was firmly opposed by a spokesman of the Home and School Council in the Transvaal("). The money to pay for salary increases must be found, he said, but not in this way. The Cape Provincial Administration decided in June 1957 to abolish the subsidization of school feeding in schools for White, Coloured and Asian children. School committees that decide to continue with the feeding scheme will themselves be responsible for raising all the necessary funds; but will be allowed free and full use of facilities such as kitchens and utensils that were provided under the subsidized scheme. According to the Report of the Controller and Auditor General(1), during the year 1955/56, £641,487 was voted for school feeding in African schools, but, since a large number of school boards elected to devote the money, instead, to the extension of educational facilities("), only £446,843 was spent. A member of the Native Affairs Commission said in Parlia(20) Statement as published in the Rand Daily Mail, 10 October 1957. (21) U.G. 39/1956. (22) See Survey of Race Relations, 1955156, page 199.

RELATIONS: 1956-57 193 ment, and the Minister of Native Affairs confirmed("), that it would cost £3- million a year to provide every African school child with a meal costing 3d. per day. The Minister said, "At the present time the feeding scheme is in operation in only 20 per cent. of the school board areas, and I have no doubt that without any pressure being brought to bear upon them they will also abandon it. Rather than giving this double benefit to a handful of children they would also prefer to see that the amount involved is spread out more fairly; in other words, to make room for new pupils". VOCATIONAL EDUCATION According to the latest report of the Department of Education, Arts and Science(2), in June 1955 the following pupils were enrolled at institutions under the control of or aided by that Department: Institutions Whites Coloured Asians Africans Schools of industries 2,046 548 - Reformatory schools ... 277 637 43 722 Schoolsforthedeaf... 589 237 10 269 Schoolsfortheblind... 198 43 13 107 Vocational schools ...... 718 519 20 Technical colleges ...... 55,035 - 3,490 Other institutions ...... 5,562 - - 64,425 1,984 3,576 1,098 Large numbers of these students were taking academic courses. Statistics were given, however, in respect of vocational training. In the table that follows, these have been combined with figures given in an official publication entitled Vocational Education in South Africa(5), which relate to Africans being trained in 1956 in institutions under the control of the Department of Native Affairs. The table does not include pupils studying at continuation classes, in commercial subjects or technology, for example, nor Coloured and Asian apprentices, nor African building workers and others training on the job. But it does provide more comprehensive information than has previously been available in regard to the number of students taking various courses. (23) Assembly, 11 June 1957, Hansard 20, cols. 7781, 7795. (24) U.G. 2711957. Statistics summarized by the writer. (25) State Information Office Fact-paper No. 45 of October 1957.

A SURVEY OF RACE Course Building construction ... Plumbing ...... Electrical wiremen ...... Carpentry ...... Cabinet making ...... Painting ...... Coopering ...... Tinsmithing ...... M echanics ...... Boat machinists ...... Printing ...... Upholstery...... Shoemaking ...... Leatherwork ...... Tanning ...... Tailoring ...... Agriculture ...... Domestic science ...... Other homecrafts ...... Basket-making ...... Commerce ...... C Nati Dept. of Education, Arts and Science, 1955 oloured Asians Africans 55 - 20 32 - 43 78 - These statistics apparently exclude Asians studying at the M. L. Sultan Technical College in Durban, who, at the period of time referred to above, numbered 48 full-time and 3,442 part-time students, most of whom were taking general educational or commercial courses. The Department is insistent that this college should cater for Asians only: some 450 African students were transferred at the end of 1956(26), and about 120 remain until other facilities are available. The courses for Africans provided by the Native Affairs Department are mainly conducted at institutions recently taken over by the Department from mission bodies. Students may take a technical junior or senior certificate, with two or more courses in technical subjects. Four-year courses for boys who have passed Standard VI are available in building, woodwork, plumbing, leatherwork and tailoring; and there is a two-year course in electrical wiring for boys who have passed the Junior Certificate. After passing Standard VI, girls may take two- or three-year courses in domestic science, homecrafts, dressmaking, needlework or basketry. Courses for instructors in arts and crafts, and in vocational training have recently been started. (21) Natal Daily News report, 22 May 1957. re Affairs Dept., 1956 Africans 416 36 16 580 139 10 65 7 297 145 565 230 25

RELATIONS: 1956-57 195 As was mentioned earlier, Junior or Senior Certificate courses with a commercial bias may also be taken. Agriculture is an optional subject in secondary schools; and two-year specialist courses are available at Fort Cox Agricultural College in the Ciskei (post-Junior Certificate), and at Tsolo Agricultural School in the Transkei (post-Standard VI). Further institutions are to be established in the northern provinces. Advanced courses are available in forestry, veterinary science, and mechanics and blacksmithing. A new experiment has recently been introduced at the agricultural colleges - groups of four stUdents are allocated economic farming units to run, as part of their training. Successful students will, by arrangement with the Bantu authorities, afterwards be allocated similar individual plots on Trust land in tribal areas. A third-year course to train agricultural extension officers is to be introduced("7). The well-known Jan H. Hofmeyr School of Social Work in Johannesburg, which receives annual grants from the State and the Johannesburg Municipality, has been instructed to accept no further students after 1959. African social workers are, in future, to be trained at the Bantu colleges to be set up in rural areas. UNIVERSITIES Students Qualifying to Enter Universities The National Bureau of Educational and Social Research has kindly supplied information about the numbers of students who passed the matriculation examinations of the six examining bodies at the end of 1954 or at the supplementary examinations in March, 1955. This is the latest information available. Only students who obtained a university exemption pass qualify for admission to universities; but, for interest, the numbers obtaining a school leaving certificate are also given. They were as follows: University School Exemption pass leaving certificate Whites ...... 7,346 4,849 Coloured ...... 110 230 Asians ...... 173 141 Africans ...... 243 295 7,872 5,515 Naturally, far from all of those who obtained a university exemption pass did, in fact, proceed to a university. (27) AU above information from Vocational Education in South Africa, op cit.

196 A SURVEY OF RACE Enrolment at Universities The Minister of Education, Arts and Science said in the Assembly during January(") that the enrolment at South African universities in 1956 was as follows: Whites Non-Whites Cape Town ...... 4,038 339 Natal ...... 2,189 415 Witwatersrand ...... 4,443 213 Orange Free State 1,527 Potchefstroom ...... 1,335 Pretoria ...... 5,340 Rhodes ...... 816 Stellenbosch ...... 2,928 Fort Hare ...... - 368 South Africa ...... 4,720 1,622 (correspondence courses) 27,336 2,957 He did not state the racial groups of the Non-Whites; but, according to the Interdepartmental Fact-Finding Committee on the Financial Implications in Connection with the Establishment of Separate University Colleges for Non- Europeans(9) there were, in 1956, 529 African, 292 Coloured and 524 Indian students. Those studying by correspondence courses were, apparently, excluded. The Committee estimated roughly that, for the next ten years, there would be an annual increase in enrolment of 13 African, 20 Coloured and 40 Indian students. Separate University Education (a) The background It will be recalled that in December 1953, the Holloway Commission was appointed 'to investigate and report on the practicability and financial implications of providing separate training facilities for Non-Europeans at Universities'. The desirability of such separate facilities was not included in the terms of reference. The Commission's report, published in February 1955, was summarized in A Survey of Race Relations, 1954/55(). Briefly, mainly on financial grounds it rejected suggestions that new universities for Non-Whites only should be established in the near future, or that separate Non-White sections should be created at the (28) Assembly, 29 January 1957, Hansard 2, cols. 297/98. (29) White Paper C '57. (80) Page 190.

RELATIONS: 1956-57 197 Cape Town and the Witwatersrand Universities in accordance with the system prevailing in Natal. It suggested that, if segregation were desired, the most feasible scheme would be to concentrate Non-White students, in the main, at Durban and Fort Hare; but it stated that the process of transfer, if decided upon, would have to be a gradual one. Important reservations were made. Coloured students, ihe Commission considered, should be allowed to continue their non- segregated studies at those universities which were prepared to accept them, as also should African and Asian postgraduate students and students wishing to take courses not available at Durban or Fort Hare. In May 1955, the Minister of Education, Arts and Science announced that it was the Government's policy ultimately to institute apartheid in the universities. Towards the end of that year an inter-departmental committee was appointed to obtain further information, particularly on the financial implications, and to advise on how the scheme could be applied. (b) Announcement of the Government's intentions, and reactions In speeches made during the year 1955/56, the Minister of Education, Arts and Science announced the Government's intention to create five Non-White universities and to prohibit the open universities from admitting Non-White students. At both the open universities - Cape Town and the Witwatersrand - the Council, Senate, staff, convocation and students all opposed the proposals. At the Witwatersrand University these bodies jointly created the Open Universities Liaison Committee (Witwatersrand). On 7 December 1956, meetings of convocation were held in both Cape Town and Johannesburg, members recording their solemn protest against the Government's intentions. During January, representatives of the two universities held a conference in Cape Town at which papers were presented dealing with various aspects of the value of open universities. An editorial committee subsequently co-ordinated these papers, publishing them under the title The Open Universities in South Africa. In a foreword, the Chancellors of the two universities (the Hon. A. van der Sandt Centlivres in Cape Town and the Hon. R. Feetham in Johannesburg) pointed out that a plea for the preservation of the open universities was not only a plea for the preservation of their own freedom, but also a plea for the freedom of every South African university. The Students Representative Councils of both universities issued statements in defence of the principle of academic nonsegregation. They asked the Minister of Education, Arts and Science to receive a combined deputation; but his private secretary

198 A SURVEY OF RACE replied that he would have dealings only with the governing bodies. Demonstrations were arranged, the students standing at the university gates bearing placards reading "Keep these gates open". While the Afrikaanse Studentebond - which has only a theoretical concern in the matter - supported the Government's plan, the National Union of S.A. Students has throughout forcefully upheld the principle of academic non-segregation. Its President issued a statement during January, appealing to the public to oppose the introduction of politics into learning. The Students Representative Councils of the various sections of Natal University supported the stand taken by students in Cape Town and Johannesburg, as also did the Cape Divisional Teachers' Association. Dr. E. G. Malherbe, the Principal of the University of Natal. issued a pamphlet in Afrikaans entitled Die Outonormie van ons Universiteite en Apartheid. In this he made a strong plea in defence of the open universities, as well as the general point that the autonomy of all universities should be preserved. He sent copies to every member of the staff at the Universities of Stellenbosch, Potchefstroom, Pretoria and the Orange Free State, and to professors and senior lecturers at the English- medium universities. During November 1956, the Institute of Race Relations issued a statement(") in which it said, inter alia, that the costs of separate universities would be so great that they could be offset only by providing inferior facilities. It was highly important' that NonWhite students should have campus and lecture-room contact with European students whose cultural background had trained them in the western tradition of learning, which was lacking in indigenous African society. The isolation of Non-White university students would put a premium on the development of an exclusive nationalism. At its meeting in January 1957, the Executive Committee of the Christian Council of South Africa passed a resolution expressing its concern over the possibility of university institutions being deprived of their freedom in regard to the admission of students, the teaching given, and the government of their institutions, and supporting the action taken by the universities concerned for the preservation of their academic freedom. The Minister of Education, Arts and Science was advised of the Council's views. During February, a group of 24 prominent White and NonWhite South Africans, including well-known writers, senior advocates and academicians, and office- bearers of the Institute of Race Relations, published a statement in support of the principle of academic non-segregation. (31) RR 157/56.

RELATIONS: 1956-57 199 (c) The first draft of the Separate University Education: Bill The first draft of the Separate University Education Bill was published early in March. It provided that the Governor-General might by proclamation assign the administration of its provisions to any Minister, or partly to one Minister and partly to another. It was stated by implication in the Bill that the control of institutions for Africans would be vested in the Minister of Native Affairs, and of those for members of other racial groups in the Minister of Education, Arts and Science. The Bill provided that the responsible Ministers would be empowered to establish university colleges for Bantu persons and for other Non-Whites. While the latter would be financed from the Consolidated Revenue Fund, the colleges for Africans would be financed from the Bantu Education Account. White students would be prohibited from enrolling at any of these university colleges. Except for those who had already commenced courses of study at the university concerned, no Non-White student might in future be admitted to any university without the consent of the Minister. The Natal Medical School and the University of South Africa (which accepts Non-Whites as extramural students only) were exempt. Similarly, except for those already enrolled, no Coloured or Asian student might in future be admitted to the University College of Fort Hare without the Minister's consent. After a date to be proclaimed by the Governor-General, the question of consent would fall away, the prohibition being absolute. Different dates might be fixed for different universities and for different faculties within a university. The Minister would be empowered to determine at which place a student should receive instruction. The ultimate effect would be that the Universities of Cape Town, the Witwatersrand and Natal (excluding the medical school) would be able to accept White students only. Except for NonWhite medical students, all of whom would be required to attend the Natal Medical School, Non-White students would be required to attend the university college catering for their particular racial or ethnic group. As is explained in greater detail below, the University College of Fort Hare and the Natal Medical School were to be transferred to the Government. At all these institutions, the examinations, degrees, diplomas and certificates would be those of the University of South Africa. The councils of the university colleges for Non-Whites were to be appointed by the Governor-General. The responsible Minister would appoint the Senate, any other bodies he deemed desirable, and the Principal and staff, and would prescribe the faculties and departments to be established. He would be empowered to pre- scribe the powers, privileges, duties and functions of the Principal; to determine the posts and conditions of service for teaching and administrative staff; and to appoint, promote, transfer or discharge members of staff. The Minister was to be given extremely wide powers to make such regulations as he considered to be necessary in order that the purposes of the Act might be achieved. The responsible Minister was specifically empowered to make regulations concerning conditions for the admission of students. All students would have to renew their registration annually, the Minister being empowered to refuse admittance to any student if he considered it to be in the interests of the university college to do so. The only limitation on the Minister's powers in regard to the appointment of staff or the admission of students would be that the imposition of a religious test was prohibited. Seventeen sub-clauses of the Bill defined forms of misconduct on the part of employees: these included contravention of any section of the Act, insubordination, inefficiency, improper behaviour, disclosure of confidential information, misuse of government property, and numerous others. It was also to be regarded as misconduct if an employee publicly commented adversely on the administration of a government department or provincial administration; or if he committed, or permitted to be done, or connived at any act, or propagated any idea, or took part in any propaganda, prejudicial to the administration of any university college or government department or institution, or causing or promoting antagonism amongst any section of the population against any other section. If, after an enquiry by a person appointed by the Secretary of the government department concerned, an employee was found guilty of any specified form of misconduct, he might be cautioned, reprimanded, fined, reduced in salary and/or grade, suspended, or discharged. His only appeal would lie to the Minister. Pension rights and retirement benefits for employees would be the same as in the public service. The responsible Minister was to be empowered to grant financial and other material assistance to African students from the Bantu Education Fund. No specific provision was made for the setting up of Students Representative Councils. The University College of Fort Hare was to be transferred to the Department of Native Affairs as from a date to be announced in the Gazette, the three churches at present conducting hostels there to receive compensation. The Minister was to be empowered to change the name of the institution, and to exercise all the rights, duties, powers and functions exercised by the college council before the transfer. The Durban Medical School was, in a similar manner, to be transferred to the Department of Education, Arts and Science. Members of staff of these institutions would be transferred to 200 A SURVEY OF RACE

RELATIONS: 1956-57 201 the employ of the relevant Government department. Those unwilling to accept this transfer would be entitled to resign within sixty days, receiving pension and provident fund rights as if their posts had been abolished. In the case of Fort Hare only, the Minister was to be empowered to notify any member of staff that he or she would not be accepted as a government employee. It was stated that disciplinary proceedings in respect of misconduct committed before the date of transfer might be instituted by the Department as if such misconduct had been committed after the date of transfer. (d) Introduction of the first draft of the Bill in Parliament On 11 March 1957 the Minister of Education, Arts and Science moved in the Assembly that leave be granted to introduce the Bill. The Leader of the Opposition opposed the# motion(2) on the ground that the Bill provided for a serious interference with traditional academic freedom by means of the control, other than reasonable financial control, of university institutions by the State. There were certain spheres of human activity, he said, in which in Western democratic societies the State had traditionally not interfered unless there were very serious, grave and important reasons, in the interests of the public generally, for doing so. These might be described as the field of family life, the field of religion, and the academic field. The Leader of the Natives Representatives also opposed the motion(3). The division of universities on an ethnic or racial basis, the control of university institutions by the State, and the denial to any university of the freedom to decide whom it might teach, she said, were violations of the traditional and accepted practices of civilized society. The proposed measure would not simply mean isolation of the Non-Whites: it would also mean the isolation of the White group from those who ought to be its companions in the progress towards Western civilization. (e) Reactions by the public to the first draft of the Bill Students at the Universities of Cape Town, the Witwatersrand and Natal held further mass meetings of protest against the Bill. The Students Representative Council of Fort Hare decided to rejoin the National Union of S.A. Students, and the two bodies issued a joint statement opposing the measure. A deputation from the Council of the University of the Witwatersrand met the Minister of Education, Arts and Science, expressing its opposition to the principle of academic segregation on racial grounds. Another deputation from the University of (32) Hansard 8, cols. 2493/94. (33) Col. 2495.

Cape Town, led by its Chancellor, put before the Minister its reasons for believing that the principle involved in the Bill was not in the interests either of university education or of the country at large. The Minister replied(4) that he would be pleased to explain any of the provisions of the measure for the information of delegates, but if it was the intention to try to persuade him not to proceed with the legislation, further discussion would serve no purpose. The Council and Senate of Rhodes University issued a statement protesting against the Government's intention to detach Fort Hare from Rhodes. The full-time staff of the Natal Medical School by 29 votes to 2, passed a resolution to the effect that they intended resigning if the Bill were passed in its present form. The part-time staff resolved that, while they would be willing and anxious to care for the patients in thehospital, they would not co-operate in the teaching of students. The Natal Coastal Branch of the Medical Association of South Africa informed the Minister that it would find it impossible to co-operate with any authority other than the University of Natal in the staffing of the Medical School. The Council and Senate of Natal University passed resolutions opposing the Bill, and the Council sent a deputation to meet the Minister("). At a meeting held in Cape Town during March, the S.A. Medical and Dental Council passed a unanimous resolution requesting the Government to make a further study of the implications of the Bill before proceeding with it, since it was possible that the new pattern of education and control envisaged for the Natal Medical School might not be acceptable to the Council for the purposes of the training of medical practitioners("). The Institute of Race Relations sent a memorandum(") to Members of Parliament and to the Press, pointing out, inter alia, that what would in fact be established would be a new type of higher educational institution for Non-Whites, controlled not by those academically qualified to further university education, but by a Minister of the Government. With every further measure of separation, the contacts of students were reduced and their whole intellectual horizon was circumscribed and narrowed. The code of discipline laid down in the Bill, the Institute continued, was totally inimical to that spirit of free enquiry which was universally held to be indispensable to academic study. It would make it impossible to, study subjects such as history, political science, local government and others except as a travesty of (34) Report of the interview as published in the Press, 16 May 1957. (85) Information from two issues of Report on the Government's Intention to Remove the Faculty of Medicine from the University of Natal, prepared by the Dean of the Faculty at the request of the Natal Coastal Branch of the Medical Association of S.A. and other interested persons. (S) From article in SA. Medical Journal, Vol, 31, No, 12, 23 Marh 1957, pages 288/9. (37) RR 50/57. 202 A SURVEY OF RACE

RELATIONS: 1956-57 203 academic disciplines, and would have the effect of promoting the dissemination of an official orthodoxy. Under these conditions, it seemed most unlikely that the new university colleges would be able to attract to their service personnel of the requisite academic calibre. As the contribution from consolidated revenue to the Bantu Education Account had been pegged, it appeared that Africans themselves would have to pay for these new institutions. (f) Changes made in the revised draft of the Bill It was discovered, during March, that the Bill as originally published was a 'hybrid' measure, affecting private interests as well as dealing with matters of public policy. The correct procedure would have been for its terms to have been made known well in advance, in order that the private bodies and individuals concerned might be afforded the opportunity of stating their views. The Minister of Education, Arts and Science then withdrew the Bill, and an amended version was prepared, omitting the chapters dealing with the transfer to the Government of the University College of Fort Hare and the Natal Medical School. One further material change was made: whereas the original draft had prohibited university authorities from admitting racially disqualified students, the new draft transferred the onus of obeying the apartheid law to the students. (g) Findings of the Interdepartmental Fact-Finding Committee A few days after the release of the amended Bill, the findings were published of the Interdepartmental Fact-Finding Committee on the Financial Implications in Connection with the Establishment of Separate University Colleges for Non- Europeans(8). This Committee had been instructed to report on the establishment of two university colleges, for Coloured people and for Asians respectively, and of two more to serve the Zulu and Sotho groups amongst the Africans. (Fort Hare was to serve the Xhosa group). The Committee estimated very roughly that the Coloured and Asian institutions might each have 300 students after three years, increasing to 600 after the first ten years. The African institutions might each have 370 students after four years, increasing to 490 at the end of the first ten years. Likely capital costs, excluding the costs of the sites, would be £521,031 for each of the Coloured and Asian institutions, and £812,555 for each African college - a higher amount being required for the African colleges because most of the staff and students would have to be resident on the premises. In addition, about £100,000 would have to be paid in compensation to the churches concerned if the hostels at Fort Hare were taken over; a further (18) White Paper C. 1957.

£100,000 would be required for extensions to the Natal Medical School to enable it to cater for students no longer entitled to study at the Cape Town and Witwatersrand Medical Schools; and the sites would have to be purchased. The Committee estimated that the total capital costs, spread over ten years, would be £3,026,000. It added, however, that the Native Affairs Department considered that colleges for Africans, in Bantu areas, could be built for about two-thirds of the Committee's figure by using African building workers. Running costs of the five new institutions, less student fees, would be about £198,070 during the first year, rising to £319,372 by the tenth year. The Committee recommended that faculties of Arts, Science and Education should be established at the new university colleges. The subjects it suggested were those it considered to be most essential for the immediate future; for which a sufficient demand had already been proved in the light of usefulness to the students after the completion of their studies. As Non-Europeans progressed in nation building and in social development, other subjects would have to be included, the Committee said. If the need was proved, the establishment of schools of engineering and dentistry would have to be considered. (h) Parliamentary debate on the amended Bill On 8 April the Minister moved that leave be granted to introduce the amended Bill. His motion was opposed by the Leader of the Opposition, a member of the Labour Party, and the Leader of the Natives' Representatives(9). The measure was, however, read for a first time. At the opening of the Second Reading debate, on 17 May, the United Party contended, on a point of order, that the Bill, as amended, was still a hybrid measure(4"). The Speaker replied that he was unable to uphold the point of order(41). The Bill, he said, complied with the accepted test as to what constituted a public measure. It did not seek to deal with nor to expropriate the property of any university. On 21 May four petitions were presented in the Assembly. Two of these were from the Chancellor, Chairman of Council, and Vice-Chancellor and Acting Principal of the University of Cape Town, and the Chancellor, Chairman of Council and ViceChancellor and Principal of the University of the Witwatersrand, praying for leave to be heard at the Bar of the House in opposition to the Bill. The other two petitions were from the Chancellor, Chairman (39) Hansard 12, cols. 4227/33. (40) Hansard 16, col. 6195. (IL) Hansard 16, cols. 6269/70. 204 A SURVEY OF RACE of Council, Vice-Chancellor and Acting Principal of the University of Cape Town and 2,776 others (members of the Council, Senate and teaching staff and representatives of the student body), and the Chancellor, Chairman of Council, Vice-Chancellor and Principal of the University of the Witwatersrand and 2,459 others, stating their opposition to the Bill. A member of the United Party moved that leave be granted to the representatives of the two Universities to be heard at the Bar of the House; but this motion was placed at the bottom of the order paper. On 23 May he asked, during Question Time, whether the Government would make time available for discussing the motion. The Minister of Justice replied(42) that it would not do so. There would be sufficient opportunity in Parliament for deliberation on the Bill, he added. During the Second Reading Debate, the Minister of Education, Arts and Science said(43) that further legislation to provide for the taking over of the university college of Fort Hare and the Natal Medical School as State institutions would be introduced as soon as circumstances permitted. It was the intention, he added, that the University of South Africa would act as the examining body for the Non-White university colleges. The existing independent universities had a majority representation on the Council and Senate of the University of South Africa: "their presence ought to be sufficient guarantee for the maintenance of the standards of the institutions that we propose to establish". Representatives of the University of South Africa would serve on the Councils and Senates of these new institutions. The Minister of Justice announced(4") that the Government had decided that the Bill should be sent to a Select Committee after its Second Reading, and, thereafter, to a Commission. A few of the points made by members of the Opposition were(45) that the Bill was part of the Government's policy of indoctrinated teaching that violated academic freedom; that no self-respecting professor or lecturer would accept a post in an, institution where he would have to conform to the Government's views; that in these circumstances there was bound to be a lowering of standards; that the so-called university colleges would produce disgruntled men and women with -impoverished spirits and frustrated ambitions; that segregated institutions tended to breed race hatred. Situated, as was proposed, in the rural areas, the new institutions would not provide for the needs of urban Africans, nor for those of part-time students. Members said that it might be possible to subscribe to the establishment of new university colleges for Non-Whites, but (42) Assembly, Hansard 17, cols. 6646/47. (4s) 27 May, Hansard 18, cols. 6768, 677112. (44) Col. 6858. (44) Cols. 6788. 6818, 6852, 6994, 6784. 6871, 6785. RELATIONS: 1956-57 205 nevertheless to refuse to accept the prohibition of their admission to other universities. In any case, colleges for Africans should not be controlled by the Minister of Native Affairs. It was very doubtful whether institutions of adequate standards could be provided for the sums estimated by the Inter-Departmental Committee; and how would it be possible to find the money for their establishment while existing universities were pressing for increased financial aid? The Leader of the Natives Representatives said(4") that the effect of the measure would be to reduce contacts between White and Non-White at the highest level, where emotion should be least dangerous, and where the cold logic of the mind might be brought to bear on the most difficult political problem that had ever faced any community. She pointed out, too, that there were grounds for entering a university other than that of the bare necessity of preparing to earn a living in the sort of job that the community was prepared to offer. "This curious plan of balancing university courses with available jobs is the most extraordinary interpretation of a university", she added. The Bill passed its Second Reading on 28 May. (i) Further reactions by the universities and the public The Open Universities Liaison Committee of the Witwatersrand published a statement on 11 April to the effect that the principle of the amended Bill remained unaltered, and the measure was as abhorrent to the academic conscience as it had been previously. The President of the National Union of S.A. Stbdents issued a Press statement in similar terms. On 21 May all lectures were cancelled at the Witwatersrand University for part of the day. More than 2,000 professors, lecturers, students and members of convocation gathered in front of the main block, and, after an address by the Principal, marched in a solemn procession of protest to the City Hall. Two days later, about 20 members of staff and 380 students of Fort Hare marched in protest through the streets of Alice, afterwards holding a mass meeting in the College grounds. On 7 June a similar protest march was organized in Cape Town, in which some 2,200 members of staff, of convocation and of the student body, led by the Chancellor, participated. A meeting of 76 full-time and part-time members of the Faculty of Medicine at Natal University resolved unanimously: (i) that their previously-stated objections to the Bill were in no way removed; (ii) that they believed it was the Government's intention to apply a new pattern for education to the Natal Medical School at some time more favourable to the Government; (46) Cols. 6804/07. 206 A SURVEY OF RACE

RELATIONS: 1956-57 207 (iii) that they believed they would be unable to carry out their academic and professional work under the new conditions that would be established if such a Bill were enacted; (iv) that they were unable to give any assurance that all or any of them would be prepared to retain their posts if the control of their Medical School was removed from the University of Natal and was placed directly under the State. The National Council of Women sent a memorandum to the Minister protesting against various provisions of the Bill. On 28 May, when the vote on the Second Reading was to be taken, the Students Representative Council of the Witwatersrand University made a last-minute appeal to the Minister to withdraw the measure. About 120 students of Cape Town University, as well as some 200 members of the Black Sash, lined the streets outside the Houses of Parliament, bearing placards urging the maintenance of academic freedom. (j) Separate University Education Commission of Enquiry A Select Committee on the Separate University Education Bill was appointed before Parliament went into recess, and was then transformed into a Commission of Enquiry. (k) Erection of new colleges for Africans Before the Bill had passed its Second Reading, work had commenced on the erection of two colleges for Africans. One, to serve the Zulu group, is being built at Ngoya, about twelve miles from Empangeni in the Mtunzini district of Zululand. The other, for the Sotho group, is under erection at Turfloop, about 22 miles from Pietersburg, on the Duivelskloof road. It has been announced that the training of teachers and of social workers will be undertaken at these institutions. Agricultural courses are likely to be provided, also. The Fort Hare University Transfer Bill A notice headed 'Hybrid Bill', in the Gazette of 15 November, announced the intention of the Minister of Native Affairs to apply during the first Session of the new Parliament, after the elections, for leave to introduce the Fort Hare University College Transfer Bill. The general objects of the Bill were stated to be to make provision for the transfer to the Government of the maintenance, management and control of the University College of Fort Hare; the admission of students to the college and their instruction; the transfer of certain persons in the service of the council of the university college to the service of the Government; the compensation to be paid to the Methodist Church of S.A., the Church of the Province of S.A. and the United Free Church of Scotland respectively for buildings erected by each church; and the assumption by the Government of control of all hostels attached to the university college. Some Bursaries for Africans The African Medical Scholarships Trust Fund, established in 1949 by students at the University of the Witwatersrand with help from others, has by now enabled four Africans to qualify as medical practitioners at that University. Fifteen others are in training. The Isaacson Foundation Bursary Fund, established in 1954 and administered by the Institute of Race Relations, had at the time of writing enabled one African to matriculate, three to train as teachers, one as an agricultural demonstrator and three as health or food inspectors. Fifty-seven others were in training, mainly for university degrees. This fund caters primarily for residents of the Witwatersrand. During the past year, the Christian Action Committee in Britain offered five scholarships for African students wishing to take advanced studies at British universities, and Cambridge University offered one more. A selection committee was set up in the Union; and the University of the Witwatersrand agreed to carry out the secretarial work. The Government of India decided to award one scholarship to an African, one to a Coloured student, and five to students of Indian origin domiciled in South Africa, during the year 1958/59. These provide for advanced studies at universities in India. The Sisterhood of the United Jewish Congregation of Johannesburg set up a £2,000 University Bantu Scholarship Fund to assist Africans to obtain university training. During March 1957, the Minister of Native Affairs informed the Johannesburg City Council that his approval must in future be obtained for bursaries awarded to African students from the Native Revenue Account. Membership of the National Union of S.A. Students Some twelve years ago the South African student body split on the question of colour discrimination. Students of the Afrikaans-speaking universities decided to form a separate allWhite body, Die Afrikaanse Studentebond, and the original organization, the National Union of S.A. Students (NUSAS), agreed to admit Non-White students from Fort Hare and the open universities. In 1953, during a period when there was a strong spirit of nationalism at Fort Hare which was fostered by the isolation of 208 A SURVEY OF RACE this institution, its students decided to disaffiliate from NUSAS. Non-White students at the open universities continued, however, to co-operate in its work. As is mentioned above, Fort Hare re-affiliated to NUSAS during the year under review. Towards the end of 1956, NUSAS investigated the possibilities of inviting affiliation from African teacher training colleges. The Native Affairs Department prohibited this. In reply to a question in the Senate(47) the Minister of Native Affairs said later that the establishment of branches of non-cultural organizations was not permitted in departmental training schools. ADULT EDUCATION The Bureau of Literacy and Literature When it became obvious that the experimental work in literacy and literature for Non-Whites, in which it had been engaged for' ten years, had reached a certain maturity, the Institute of Race Relations decided to hand over to an independent committee the considerable capital which it had developed in the form of personnel, material, techniques, stocks, financial resources, and the goodwill of a going practice in literacy work among Non-Whites. It was considered that the demand and the need for literacy were so large that greater resources should be mobilised to meet them. It was estimated that in each of the last ten years between 10,000 and 12,000 adult Africans had been enabled to read and write in their own languages, a total of about 100,000. But the need remained very great: about 70 per cent. of South Africa's African adults and between 60 and 70 per cent. of its other NonWhite adults are still illiterate. It was obvious, therefore, that the small staff and resources of the existing organization could not respond adequately to the actual demands, and certainly could not meet potential demands. An Interim Committee, under the chairmanship of Mr. P. R. B. Lewis, was set up to maintain the work already established, whilst mobilizing representative interests for the formation of a Bureau of Literacy and Literature on a broad and representative basis. A series of exploratory meetings has been held, attended by individuals drawn from a considerable variety of interests. The Interim Committee has drawn up and adopted a Memorandum and Articles of Association for the Bureau. It will now seek registration of the Bureau as a non-profit company, and will discuss with the Department of Native Affairs, the Department of the Interior, the Department of Education, and other relevant government departments the possibilities of financial assistance and the acknowledgement of the Bureau as a recognized educational body. (47) Senate, 17 June 1957, Hansard 17, col. 5541. RELATIONS: 1956-57 209

A SURVEY OF RACE Organizations which have already agreed, in principle, to support the idea of establishing the Bureau are Die Nederduits Hervormde Kerk van Afrika, the Christian Council of S.A., the S.A. Bureau of Racial Affairs, the S.A. Institute of Race Relations, the Council of Education of the Witwatersrand, and the Bantu Welfare Trust. There are also indications that Die Gereformeerde Kerk in Suid- Afrika, Die Nederduitse Gereformeerde Kerk (Cape), Die Nederduitse Gereformeerde Kerk (Transvaal), and the Federal Mission Council of the Nederduitse Gereformeerde Kerke, are well disposed to the idea of the Bureau. Its main objects will be: (i) to foster literacy by training personnel in the techniques which have been evolved to make adults literate in the shortest possible time, and to provide and distribute the basic literature required for this. It is not the intention of the Bureau to establish and conduct adult education classes itself. (ii) to foster the distribution of Christian and other healthy and useful literature. In this the Bureau will be dependent on missionary societies, churches and other publishers who are engaged in the production and distribution of such literature. The Bureau itself will not undertake the production of books unless it is requested to do so by one or more of the constituent bodies and unless a publisher for a suitable book at an economic price cannot be found. While this planning and preparatory work has been in progress, the staff of three has continued supplying books to classes, initiating new groups, training teachers, inspecting classes on 56 mine compounds and in a large number of smaller units throughout the country, executing editorial work connected with new editions, and preparing new courses. Continuation classes for White, Coloured and Asian students According to the Report of the Department of Education, Arts and Science for 1956(48), there were, in June 1955, the following registered full-time and part- time continuation classes: No. of centres No. of pupils Whites ...... 28 3,162 Coloured ...... 4 377 Asian ...... 1 493 Night schools and continuation classes for African adults The work of night schools for adult Africans has been described in previous editions of this Survey(49). Well-organized classes, under the control of central committees, have for years been conducted (48) U.G. 27/1957. (49) Survey of Race Relations, 1955156, page 207; 1954/55. page 201. 210

RELATIONS: 1956-57 211 in Durban, Cape Town, Johannesburg, Pretoria, Queenstown, Welkom and other centres. Many of these received subsidies from the Department of Education, Arts and Science. During 1955 the Native Affairs Department took over the administration of grants for African night-schools and continuation classes, and laid down that all such classes must be registered, irrespective of their size and of whether or not they received subsidies. The future of these schools, more particularly those operating in White areas, is at present uncertain. MAJOR RESEARCH IN PROGRESS Major educational research projects, in progress or recently completed, include the following: Institute of Race Relations: (i) The implementation of the Bantu Education Act. (ii) A study of history text books used in South African schools. University of Cape Town: (i) The origin and development of African education in the Cape Province. (ii) The adaptive behaviour of the African pre-school child. (Study sponsored by the University). Rhodes University - Institute of Social and Economic Research: Aspects of the education of the South African Native. Stellenbosch University: (i) 'n Sosiologiese ondersoek na die beroepsheenkome en beroepsverwagting van Kleurlinge in die Wes-Kaapland met hoer onderwyskwalifikasies. (ii) Salariring van Kleurlingonderwysers aan openbare skole in Kaapland. University of South Africa: The development of the curriculum in the Indian primary schools of Natal. HEALTH HOSPITALS The Institute of Race Relations attempted to obtain a complete picture, for the purposes of this Survey, of the hospital facilities available in the Union, and the staff employed. Unfortunately, at the time of writing, information from the Transvaal provincial authorities had not yet come to hand.

212 A SURVEY OF RACE The Secretary for Health kindly supplied the following information in regard to institutions under the control of his Department: Number of beds. Whites Non-Whites Mental hospitals ...... 7,774 9,373 Leper institutions ...... 119 2,723 Tuberculosis institutions (excluding SANTA settlements) 352 4,085 V.D. hospitals ...... 16 62 Staff (all institutions combined) Trained nurses ...... 1,005 185 Nurse-aides ...... - 587 Nurses in training ...... 432 26 Provincial authorities in Natal, the Cape and the Orange Free State kindly sent the following information (as at 31 December 1956 in case of the Cape): Number of beds. Natal Provincial hospitals ...... Natal mission and assisted hospitals ... Cape Provincial hospitals ...... Cape subsidized hospitals ...... O.F.S. Provincial hospitals ...... Staff (Provincial Hospitals only) Certificated nurses (men and women) N atal ...... C ape ...... O.F.S ...... Certificated midwives Natal (included above) ...... Cape ...... O .F .S ...... Nurse-aides N atal ...... C ape ...... O .F .S ...... Nurses in training for full certificate N atal ...... C ape ...... O.F.S ...... Midwives in training (including trained nurses taking a midwifery course) N atal ...... C ape ...... O .F .S ...... Whites 1,854 160 3,508 456 1,165 White 705 1,270 270 21 230 314 939 185 492 1,763 281 99 155 48 Non-Whites 4,236 2,891 4,323 1,912 1,142 Non-White 522 231 56 17 759 186 88 759 786 125 119

RELATIONS: 1956-57 213 The majority of the Non-White nurses employed in Natal hospitals are Africans: the small number of Coloured employees are mainly Nurse-aides at Addington Hospital in Durban. In the Cape, the proportion of Coloured nurses employed or in training is much larger, but no exact figures are available. In a speech made during April('), the Administrator said that there were then about 6,000 beds for African patients in the 51 Provincial Hospitals of the Transvaal. To this total should be added the beds in subsidized mission hospitals (no figures were given). Two more hospitals for Africans, at Natalspruit (Germiston) and near Atteridgeville (Pretoria), were shortly to be erected. Measured in terms of the need, there is an acute shortage of hospital beds for Africans in the major cities of the Transvaal, particularly Johannesburg. Patients have to be sent home long before they have recovered to make room for more serious cases. TREATMENT OF SPECIFIC DISEASES Tuberculosis The Minister of Health said during March(') that tuberculosis was regarded as South Africa's most serious health problem. The incidence was 0.5 per cent. among Whites, and between one and two per cent. among Non-Whites. SANTA (the S.A. National Tuberculosis Association) provided 716 additional beds in its settlements during the year ended 31 March 1957. By then it had made available 2,265 beds for Africans, 669 for Coloured patients, 119 for Asians and 26 for Whites: these are additional to the beds provided by the Department of Health, and are subsidized by the Government. One of the settlements, at Alexandra Township, has a White medical officer, but is otherwise staffed entirely by Africans. Europeans assist on the various committees and by organizing the welfare work and a free soup-kitchen for out- patients and their families. A grant was recently received from the Bantu Welfare Trust for the erection of a new wing, to be used by the welfare section, in memory of Mr. J. D. Rheinallt Jones, the founder of the S.A. Institute of Race Relations. Eye diseases Three schools for blind African children have recently been opened in areas within the Reserves where the incidence of blindness is particularly high. They were established by the Transvaalse Vroue-Sendingvereniging, the Nederduitse Gereformeerde BantoeKerk and the Roman Catholic Church, respectively, and receive Government subsidies. (1) As reported in the Rand Daily Mail, 16 April 1957. (2) Senate, 21 March 1957, Hansard 9, cols. 2436/38,

214 A SURVEY OF RACE Officials of voluntary societies for the prevention of blindness have, during the past year, toured rural African areas in Natal and the Northern Transvaal, and have visited Bushmen in SouthWest Africa, treating sufferers from trachoma and other eye diseases, and, when necessary, undertaking cataract and other operations. A major campaign against trachoma is in progress between Zebediela and the Bechuanaland border in the Northern Transvaal. Leading drug companies have donated antibiotic ointments, and the Bureau for the Prevention of Blindness hopes to have between 40,000 and 50,000 Africans under treatment by the end of 1957. The St. John Ophthalmic Foundation has acquired a mobile eye clinic which will operate initially in African areas of the Transvaal. Mental illnesses Mental hospitals continue to be very seriously overcrowded. In reply to a question in Parliament, the Minister of Health gave the following figures, as at 31 December 1956('). Number of patients additional to Number of patients authorized Mental hospitals accommodated accommodation Whites ...... 5,620 491 Non-Whites ...... 10,715 2,982 Institutions for feeble-minded persons Whites ...... 2,544 Non-Whites ...... 1,360 He said later(4) that additional accommodation for 2,600 White and 500 Non- White patients was shortly to be provided. The establishment of a new hospital for Africans, to be sited in the Northern Transvaal, was under consideration. A small home for mentally retarded Non-White children has recently been opened in Johannesburg. It is run by a voluntary committee under the auspices of the Johannesburg Planning Council for Non-European Social Welfare. Other diseases The Minister of Health said(') that the cases of poliomyelitis notified during 1956 were 1,422 Whites, 1,194 Africans, 246 Coloured persons and 56 Asians. Vaccine was imported from the United States to supplement that produced in the Union. (3) Assembly, 1 March 1957, Hansard 6, cols. 1998/2000. (4) Senate, 21 March 1957, Hansard 9, col. 2445. (5) Assembly, 1 March 1957, Hansard 6, col. 1993.

RELATIONS: 1956-57 215 A particularly bad epidemic occurred among African children in East London. The Cape Provincial Hospitals Department opened an emergency convalescent home for the patients, the East London Cripple Care Association contributing special physiotherapy equipment. The Natal Cripple Care Association is planning an after-care home for Non-White orthopaedic patients, to be sited near the Edendale Hospital. A large donation was made by the Transvaal Association to the Provincial Administration for the erection Qf an orthopaedic convalescent centre near Baragwanath Hospital, also to serve Non-Whites. During March, the Minister of Education, Arts and Science said(') that he had decided to establish a special school at Eerste River in the Cape to cater for about 100 Coloured children with cerebral palsy. A clinic for Non-White cerebral palsied children is to be opened near Baragwanath Hospital, Johannesburg. Students of the Medical School of Witwatersrand University are going out three times a week to one of the African townships at Germiston, to staff the municipal clinic during the night, under the supervision of voluntary qualified practitioners. NUTRITION FOOD SUBSIDIES Consumers' subsidies paid in the Union were as follows for the years stated('): Department of Agriculture Subsidies on railway rates for agricultural products and fertilizers (1956/57) ...... £2,688,711 Fertilizers (1956/57) ...... 850,885 Lucerne seed (1955/56) ...... 84 Dairy products (1956/57) ...... 1,325,710 Flour and bread (1956/57) ...... 7,541,055 Maize and maize products (1956/57) ...... 4,391,728 Department of Nutrition (1955/56) Distribution of milk and milk-powder to preschool children ...... 27,566 Production and distribution of margarine ...... 25,327 State-aided butter scheme ...... 50,032 Enrichment of foodstuffs ...... 666,900 Soup kitchens ...... 61 £17,568,059 (6) Senate, 7 March 1957, Hansard 7, cols. 1711/12. (1) Minister of Agriculture, Assembly, 7 June 1957, Hansard 19, cols. 7491/94; Minister of Health, Assembly, 14 June. Hansard 20, col. 8109; Report of Controller and AuditorGeneral, 1955/56, U.G. 39156, pages 203, 327/9.

216 A SURVEY OF RACE ENRICHMENT OF FOODSTUFFS The Minister of Health said in Parliament(') that, according to a survey of bread consumption carried out in November 1955 by the National Nutrition Research Institute, fortified bread amounted to 54.8 per cent. of the total bread consumption of Africans, 47 per cent. of that of Coloured people, and 22.8 per cent. of that of Asians. A method had now been discovered' he said, of refining fishmeal to render it tasteless and odourless without affecting its food value. Experiments were in progress in connection with the enrichment of mealie-meal with this fish-meal protein. The African Children's Feeding Scheme in Johannesburg is to make use of powdered enriched marewu, a food drink. It has a mealie-meal base and is fortified with skim milk powder, food yeast and vitamin C. SOME MAJOR RESEARCH IN PROGRESS The National Institute for Personnel Research is undertaking an investigation of the relationship between the nutritional status, the socio-economic background and the intellectual development of a group of selected African infants. Two of the research projects of the Departments of Health and Nutrition are the influence of diet, racial differences and endocrines on the causes of heart diseases, and the effects of different types of foodstuffs on dental decay. The Institute of Race Relations has sponsored a study of the feeding habits of African families in an urban area. Workers at the University of the Witwatersrand have undertaken investigations of the food and feeding habits of the Pedi, and of fertility and infant mortality in an urban African community. WELFARE UNEMPLOYMENT INSURANCE AMENDMENT ACT, No. 9 OF 1957 When introducing the Unemployment Insurance Act Amendment Bill, the Minister of Labour said(') that at the end of 1956 the total assets of the Unemployment Insurance Fund amounted to just over £67,000,000. It was considered that it would now be safe to increase benefits and to reduce contributions. The effect of the proposed amendments would be to reduce the Fund's income by about £450,000 a year, and to increase its expenditure by approximately £1,000,000. (2) Assembly, 8 February 1957, Hansard 3, cols. 797/8; Senate. 21 March. Hansard 9. col. 2449. (1) Assembly, 13 February 1957, Hansard 4, cols. 1067175.

In terms of the principal Act, No. 53 of 1946, all those earning up to £750 a year could become contributors, except for domestic servants, public servants, agricultural workers, African mineworkers and those employed in rural areas (other than in factories). Then, in 1949 (Act No. 41), Africans earning below £182 a year and casual and seasonal workers were excluded. The 1957 Amendment Act extends the upper income range to £1,250, but provides that Africans earning below £273 a year shall be excluded. The reason for this, the Minister said, was that difficulties had arisen because in some cases, but not all, cost-ofliving allowances had been consolidated with ordinary wages. It was now proposed to do this in all cases for the purposes of the Act. If the cost- of-living allowance of Africans in the £182 wage group was added to their wages, a total of £273 was obtained, which would be the new income level qualifying them to become contributors. Following negotiations with representatives of employers and employees, a new upper income limit of £1,250 had been decided upon. General rates of benefits are increased, in terms of the Amendment Act. The period for which persons must have been contributors to the Fund before they can receive benefits during periods of illness is considerably shortened, and it is provided that benefits shall be paid if the contributors are unemployed because of illness for not less than three weeks (instead of four weeks as formerly). Similarly, the Bill states that allowances will not be paid during the first three (instead of four) weeks of unemployment unless the unemployment extends beyond that period. Subject to certain conditions, dependants of a deceased contributor may be paid benefits he would have received if he had been unemployed for a period of 26 weeks from the time of his death: any amounts he had already received during that year would be deducted. OTHER PENSIONS AND, GRANTS PAID IN SOUTH AFRICA No significant information additional to that published in our last Survey (Annexure IV) has become available during the past year. ADMINISTRATION OF WELFARE SERVICES FOR COLOURED PERSONS The administration of welfare services for Coloured persons has been transferred from the Department of Social Welfare to the Department of the Interior (Division of Coloured Affairs). OLD AGE PENSIONS The Minister of Native Affairs said in Parliament during 1955(2), "I regard old- age pensions as a wrong system of dealing with the Native. We want to evolve a system whereby we reinstate (2) Assembly, 13 June 1955, Hansard 19, cols. 7628. RELATIONS: 1956-57 217

218 A SURVEY OF RACE the natural obligations of Bantu authorities and Bantu children in regard to their old people, with the support of an equal amount of money to that which we now spend wrongly in caring for them". Old-age pensions for Africans have not been withdrawn - in fact, the maximum amounts payable have been very slightly increased - but the means test and residential and age qualifications are being more strictly enforced than they were previously. It is of interest to examine the overall position in regard to these pensions. The following information was given in the Senate on 7 June 1957(3), relating to officially estimated figures for the year 1956/57: Total amounts paid Number of Average amount in old-age pensions beneficiaries per head(4) Whites ...... £10,026,300 87,038 £115 3 11 Coloured ...... £1,811,650 43,823 £41 6 9 Asians ...... £262,235 6,557 £39 19 11 Africans ...... £3,006,450 216,811 £13 17 4 The maximum free income permitted if the full pension is payable, and the maximum pension, per annum, in the case of White, Coloured and Asian persons are as follows('): Maximum free income Maximum pension per annum per annum Large towns Rural areas Large towns Rural areas Whites ...... £90 £84 £126 £126 Coloured ... £45 £39 £491 £371 Asians ...... £30 £30 £42 £302 The following is the position in the case of Africans('): Per annum Large towns Small country towns Rural areas Maximum free income £24 £18 £12 Maximum pension ... £20' £17 £14Certain other conditions besides the means test are imposed. In the case of Africans, a man must have attained the age of 65 years, and a woman the age of 60 years, before qualifying for the pension. In both large towns and small country towns (but not rural areas), a man must have resided in the area for five out of the last seven years, and a woman for three of the last seven years. An African resident in a town but holding a plot in a rural area is paid at rural rates: that is, the maximum pension to which he would be entitled would be £14 5s. Od. a year instead of £20 5s. Od. (3) Senate, Hansard 15, cols. 5054/5. (4) Calculated by the writer. (5) Information kindly supplied by the Dept. of Pensions. (6) Information kindly supplied by the Dept. of Native Affairs.

RELATIONS: 1956-57 The strict enforcement of these conditions is bearing very harshly on elderly Africans. Although Native Commissioners give sympathetic help, it is very often difficult for an African to prove his or her age. The residential conditions disqualify old people, widows for example, who have fairly recently come from a rural area to live with a son or daughter employed in a town. And the comparatively high means test makes it quite impossible for pensioners to live in any degree of comfort. In a large town, where the maximum pension is £20 5s. Od. a year, a free income of only £24 a year is allowed. Thus, if a man earns or receives from his family a penny more than £2 a month, his pension is reduced. The most he is allowed, in pension, gifts and earnings is £3 13s. 9d. a month. The cost-of-living studies quoted in an earlier chapter of this Survey prove how extremely difficult it is for relatives to assist these pensioners. RECREATION PHYSICAL RECREATION The Minister of Native Affairs said in the Assembly during May(') that the development of recreational facilities in African villages and locations was the duty of the local authority. He would, however, direct his Department to investigate what facilities existed in the various urban areas: such a survey might prove an incentive to local authorities to make more rapid progress. During June the Bantu Sports Club Trust, in Johannesburg, offered the City Council a sum of £20,000 over two years for the provision of recreational facilities in the new townships which are being developed, on condition that the Council contributed an equal amount. This offer was accepted. Grassed playgrounds for children are being constructed in the various areas, with swings and slides, and with club-houses which are used by youth organizations in the daytime and for adult activities in the evenings. The Rotary Club of Pretoria has built a community centre for Africans at Vlakfontein; and the Durban South Rotary Club donated a hall for use by the Africans of Glebelands. Numerous other Rotary Clubs and Round Tables are building recreation halls or are promoting sporting associations and athletic competitions. The Grahamstown Joint Council of Europeans and Africans offered the City Council the necessary funds for the establishment of a sports field in the African township there. It was mentioned in our last Survey(') that the Minister of the Interior had said that, while the Government was most sympathetic (1) 24 May 1957, Hansard 17, cols. 6757158. (2) Page 227. towards - and anxious to help - "legitimate Non-European sporting activities", these must accord with the policy of separate development. Whites and Non- Whites should organize their sporting activities separately, there should be no inter-racial competitions within the Union's borders, mixing of races in teams should be avoided, and sportsmen from other lands should respect the Union's customs, as she respected theirs. Within that framework Non-White sportsmen from outside would not be debarred from entering South Africa to compete with Non-Whites. During 1956 the S.A. Amateur Weight-Lifting and BodyBuilding Federation (a Non-White body) wrote to the Olympic Games Governing Council asking to be admitted to the Games in 1960. This application was discussed by the president of the International Olympic Committee with the general manager of the South African team during the Games in Melbourne in December 1956, the latter being asked to request the S.A. Olympic Council to assemble the facts in case the matter was raised at an international council meeting. The South African Council decided at a meeting held in November 1957 that no competition in sport between Whites and Non-Whites would be permitted in affiliated sports associations in the Union. Meanwhile, the S.A. Amateur Cycling Federation decided that although it could not admit Non-Whites to its ranks, it would give every possible assistance to properly organized Non-White bodies within the framework of the laws of the country. If a Non-White cyclist was found to be worthy of competing in international competitions held overseas, the possibility of his being given the opportunity would be thoroughly investigated. ART GALLERIES, MUSEUMS AND PUBLIC GARDENS The State-Aided Institutions Act of 1931 provided that the Minister of Education, Arts and Science might make regulations not inconsistent with the Act directing at what times and under what restrictions and conditions any State-aided institution such as an art gallery, museum, public garden, zoo or library should be open to the public, and what charge might be made for admission. When introducing the State-Aided Institutions Amendment Bill of 1957, which became law as Act No. 46 of 1957, the Minister said(3) that this arrangement was very clumsy and unsatisfactory in view of the fact that circumstances at each of these institutions might differ. He, thus, proposed to delegate authority to the boards of the various institutions. The amendment read that "a board may, subject to the approval of the Minister, determine during what hours and under what conditions and restrictions the public or any group of persons, (3) Assembly, 18 March 1957, Hansard 9, col. 2991. 220 A SURVEY OF RACE

RELATIONS: 1956-57 221 or persons belonging to a particular race or class, may visit an institution or portion thereof, and what admission charges shall be payable". Members of the Opposition pointed out(') that for the first time, apartheid might be introduced in cultural institutions; that members of the various boards were appointed by the Minister; and that unnecessary inconvenience might well be caused to all members of the public. LITERATURE Among books recently published, or shortly to be published, are the report on the conference on Christian Literature for the Bantu (Continuation Committee of the Conference of Church Leaders)('); the first Afrikaans-Zulu and Zulu-Afrikaans dictionary, compiled by the Rev. A. M. Dekker and the Rev. J. H. Ries (Afrikaanse Pers); a new translation of the Bible into Zulu, by the Swedish missionary, the Rev. G. 0. S. Sarndal; a translation of Julius Caesar into Xhosa by Mr. B. B. Mdledle (Afrikaanse Pers); Modjadji, a Bantu play in Afrikaans by the late Mr. G. H. Franz (Afrikaanse Pers); and a book of Sotho folklore, written in English, by Mr. E. P. Lebone. Mr. M. P. Mphahlele, of the University of South Africa, has been undertaking a study of the Non-European in South African fiction. The periodicals Drum and Bona for Africans have, by now, attained about one- half of the combined circulation of the six Afrikaans dailies and about one-eighth of that of the English dailies. Zonk and Golden City Post are close runners-up. The Chief Information Officer of the Native Affairs Department recently said() that in areas where Bantu authorities had been established, library services, staffed by Africans, would be set up. These would be subsidized by the Department provided that undesirable reading material was not included. PAINTING The only Durban artist to have a work selected by the S.A. Association of Arts for its first Quadrennial Exhibition of South African art was Mr. Selby Mvusi, a Zulu art teacher. Mr. S. M. Lekgetho, a Msotho, recently held an exhibition of his paintings in Pretoria, which was opened by a former S.A. High Commissioner in Canada. (1) Cols. 2991/95; 3004/06. (5) See Survey of Race Relations, 1955156, page 19. (9 As reported in the Star, 2 October 1957.

A SURVEY OF RACE MUSIC The Eoan Group in Cape Town, which last year presented La Traviata in Italian, with an all-Coloured cast, has this year presented Countess Maritza, and has been rehearsing Beethoven's Mass in D with a choir of 150. African Arts Festivals or Music Festivals continue to be held annually in a number of centres - Durban, Johannesburg and Benoni, among others. These attract much interest and draw competitors from many parts of the Union. Inter- racial concerts have been arranged by the Institute of Race Relations in Durban and Port Elizabeth. Ignatius Temba, the Zulu tenor from Natal who is now studying under Miss Joan Cross in Britain, was recently awarded one of the two Harriet Cohen Commonwealth Medals for 1957: this award was founded by Sir Arnold Bax. The spontaneity and originality of productions by the African Jazz and Variety Company continues to impress audiences throughout South Africa. This company toured the Union during the past year, producing shows in aid of the funds of the Institute of Race Relations, the Transvaal Association of Non-European Boys' Clubs, and other organizations. Trutone has made a recording of some of its items, on a long-playing record. A Coloured Jazz and Variety Show made a very successful tour of Rhodesia and the Belgian Congo. The Union of S.A. Artists continues to collect classical records for use in the African townships, and to stage talent concerts. THE THEATRE In mid-1956, after a discussion of the position in South Africa, the British Actors' Equity Association, at a general meeting, urged its Council to instruct all members of Equity not to work in any theatre in which any form of colour-bar operates, unless there is a clause in the contract to ensure that a definite proportion, to be decided by Equity, of the performances given under the contract shall be open to all Non-Whites, or, if possible, to persons of any colour, race or creed. At a meeting of professional actors and actresses held in Johannesburg during July 1956, the S.A. Theatre Artists' Committee was set up. This body asked Equity to give South Africa a period of two years' grace; and it wrote to the Town Clerks of the major towns in the Union, asking what facilities existed for Non- Whites to see performances of live theatre. The replies were extremely diverse. The period of two years' grace was not granted: the resolution moved by members of Equity was put into effect as from 31 March 1957. British Equity had the support of the British Musicians' 222

RELATIONS: 1956-57 223 Union and of the American Equity; but its rulings do not affect members of the British Variety Artists' Federation. It is not yet clear what the outcome will be in South Africa. Negotiations have been in progress between African Consolidated Theatres and a British company which is booked to tour the Union towards the end of 1957 to play in the American musical, The Pajama Game. It is possible that a compromise will be reached, one or more separate performances being given for Non-Whites in whatever theatre or hall may be available. These performances may have to be presented without scenery and props. A company of South African Asian Artists was formed in Durban early in 1957 to produce feature films, with all-Indian casts, depicting the way of life of Indians in the Union. Mr. K. E. Masinga, a Zulu S.A. Broadcasting Corporation announcer and playwright, was recently invited to tour the United States to study broadcasting, drama and entertainment. The Cape Coon Carnival continues to be a great attraction in Cape Town. When the City Council refused permission for the traditional colourful parade through the city streets on New Year's Day on the ground that it would cost £100 to rope off and police the route, a private White citizen offered to contribute the £100. JUSTICE PRISONS AND REFORMATORIES AMENDMENT ACT, No. 4 of 1957 The Prisons and Reformatories Amendment Act contained certain technical amendments, and also brought on to the Statute Book various policies and practices which had, in fact, been exercised for some time by the Department of Prisons. It provides for prisons of various types: for example maximum and medium security prisons, open institutions where training in agriculture or other trades is given, local gaols to serve one or more districts, road camps, farm colonies for Africans found to be 'idle or undesirable' under the Natives (Urban Areas) Act, training centres for persons under 21 years of age, observation centres for the classification of long-term prisoners, and chronic sick or hospital prisons. The Amendment Act specifies that one of the duties of the Department of Prisons is "as far as practicable to train convicts and prisoners in agriculture or in any trade or occupation with a view to their reformation and rehabilitation." It also provides that a prisoner who is suffering from a dangerous infectious disease, or whose life would be endangered by his continued detention, may be released by the Minister of Justice in anticipation of the Governor-General's approval.

A SURVEY OF RACE Opposition speakers welcomed the Bill and highly commended the work that the Department of Prisons is doing. The leading speaker for the United Party(') observed that Parliament must take a fair share of responsibility for the increase in crime in South Africa. "We have", he said, "created, by legislation, so many new crimes that it is virtually next door to impossible for thousands of Natives, and particularly the uneducated Africans, to avoid transgressing those laws in some way or other... By that means we have thrown a burden on our prison service which it was never designed to cope with." Corporal punishment had proved to be a hopeless failure as a deterrent, he added. CRIMINAL LAW AMENDMENT BILL The Criminal Law Amendment Bill, released later, was published as a basis for discussion. If proceeded with it will, to a very considerable extent, meet the criticism quoted above that the prison service is carrying a burden with which it was not designed to cope. It embodies certain changes recommended by the Lansdown (Penal and Prison Reform) Commission in 1947, for which the Penal Reform League has since been pressing. In terms of the Bill, petty offenders would, as far as possible, be kept out of gaol. Short-term sentences of under 30 days would be eliminated, and arrangements made for fines to be paid in instalments, being deducted from wages if necessary and possible. This provision, if implemented, would about halve the prison population. The Director of Prisons, in his report for the period 1 January 1955 to 30 June 1956(2), states that of the 382,743 sentenced prisoners admitted to gaols during this period, 221,158, or 57.8 per cent., were sentenced to one month and under. Many of these had the option of a fine. About 15,000 of them had sentences of seven days or less. The aim of the Bill is to change the emphasis from retribution to rehabilitation. Five types of imprisonment are envisaged: (a) The courts would be empowered to sentence certain first offenders to terms of periodic imprisonment. The sentences would be served piecemeal, but in stretches of not less than 200 hours each. The purpose would be to disrupt as little as possible the family life and the productive work of the convicted person. (b) Next, there would be the normal prison sentences of 30 days or more. (c) Offenders who had previously been committed to a reformatory for certain types of offences, or who had previously served a total of 12 months' imprisonment, would be sent to gaol for a (1) Mr. L. C. Gay, M.P., Assembly, 28 January 1957, Hansard 2. cols. 275/6. (2) U.G. 56/1956. page 38. 224 period of not less than two years and not more than four, the determining factor being the time considered necessary for corrective training to take effect. (d) Fourthly, there would be a type of imprisonment the basic purpose of which would be to prevent crime. Offenders who had previously been through a period of corrective training but had relapsed, or who had previous convictions for the same kind of offence, or who had previously served a total of three years' imprisonment, would be sent to gaol for between five and eight years. (e) Lastly, habitual criminals would receive a minimum sentence of nine years' imprisonment. In its Penal Reform News, the Penal Reform League of S.A. has published a valuable series of articles on the Bill. It convened a conference during November 1957 to discuss the measure. Various suggestions were made for the consideration of the authorities. After pointing to certain ambiguities, the League wrote('), "We are convinced that, once the intention of the legislator has been made clear, the Bill will be a first-class advance in the treatment of offenders at all levels. The changes will facilitate considerably the task of the Department of Prisons, whose progressive efforts have been rightly praised in Parliament". THE WORK OF THE DEPARTMENT OF PRISONS In his report for the period 1 January 1955 to 30 June 1956, quoted above, the Director of Prisons wrote(4), "Modern trends in penitentiary treatment methods have long since abandoned the old idea that the duties of prison personnel were almost purely custodial, and prison staffs have accordingly become, or are tending to become, diversified as more complicated specialized functions, such as observation, classification, education, training, psychological and social assistance in the treatment of offenders are undertaken." All European recruits to the staff, he said, undergo a course of training at the S.A. Police Training College. Thereafter, specialist courses are arranged for those wishing to qualify as instructors in agriculture, animal husbandry, drill, and other subjects, or to qualify for nursing and hospital duties. Trade tests are held for instructors in technical subjects. In view of the many senior posts which have been created for Non-Whites, better educated types of people are applying, and the Department is in a position to adopt a more selective approach in the recruitment of its Non-White personnel. In general, at least a Standard VIII school certificate and proficiency in the official languages is now required. Many older members of staff are (3) Penal Reform News, July 1957. (4) U.G. 56/1956, page 7. RELATIONS: 1956-57 225 studying privately to improve their qualifications. Recruits undergo an intensive training course of four months' duration. So far as the prisoners are concerned, their occupational backgrounds or personal wishes are, wherever possible, taken into account when they are assigned to work, and they are assisted to improve their occupational qualifications. They may be employed in building, agriculture, animal husbandry, shoemaking, printing, bookbinding, carpentry, plumbing, tinsmithing, turning, brushmaking, soapmaking, matmaking, blacksmithing, farriering, joinery, tailoring, or other trades. Arrangements for trade-testing are arranged; and, upon discharge, trained African prisoners are placed in employment through the Department of Native Affairs. Negotiations were in progress with the Department of Labour, the Director said, in regard to the placement of discharged prisoners of other racial groups. The Social Services Association of S.A. gives much help in finding work for former prisoners. It also employs Prisoners' Friends who interview convicted men and women, assisting them by getting into touch with lawyers, arranging legal aid, collecting fines, or reporting to the magistrates on the prisoners' circumstances. The families of prisoners are assisted too, particularly in cases where the breadwinner is in gaol. CRIMINAL STATISTICS The Director of Prisons reported that during the period 1 January 1955 to 30 June 1956, the daily average of persons in prison institutions was as follows: Whites Asians Coloured and Africans Prisons and outstations ... 1,329 82 12,593 Gaols ...... 762 220 22,891 Farm gaols ...... - - 502 His figures do not include persons in police cells and lockups: the daily average during 1956 of such prisoners was 5,797, according to the Minister of Justice(5). Nor do they include persons in reformatories, work colonies and hostels, or African youth camps('). Detailed criminal statistics are given in the Annual Report of the Commissioner of the S.A. Police for 1955(l). During that year the numbers of persons convicted were 178,763 Whites, 147,744 Coloured persons, 30,987 Asians and 1,113,835 Africans. Although the racial group of the accused is not stated, it is of particular interest to examine the figures given in this report (3) Assembly, 14 June 1957, Hansard 20, col. 8106. (6) Only one youth camp, at Elandsdoorn, has so far been established. According to the Star of 8 January 1957. by the beginning of 1957 about 50 lads had completed their training and about 80 were resident in the camp. (7) U.G. 5211956. 226 A SURVEY OF RACE

RELATIONS: 1956-57 227 relating to the predominant offences for which cases were sent for trial. Offences under laws and regulations for the control of Africans head the list, as follows: Registration and production of documents by A fricans ...... 101,489 Native pass laws ...... 26,996 Native Taxation and Development Act ...... 98,624 Curfew regulations ...... 77,929 Other (Natives (Urban Areas) Consolidation Act, Location, Mission Stations and Native Reserve rules and regulations, Masters and Servants Act, Native Labour Regulations Act) ...... 160,967 466,005 The vast majority of these accused were Africans. Next on the list were liquor law offences (386,048 cases), breaches of street and traffic regulations (212,241), and trespass and intrusion by persons (133,831). The statistics in regard to convictions for liquor law offences are worthy of note. They are as follows: Number of cases Whites Coloured Asians Africans Drunkenness ...... 11,789 41,623 2,281 45,306 Other liquor law offences 3,809 13,562 862 214,421 Percentage of all convictions of persons of the race concerned(') Drunkenness ...... 6.6 28.2 7.4 4.0 Other liquor law offences 2.1 9.2 2.8 19.1 As this table shows, over one quarter of all convictions of Coloured people are for drunkenness; but this is not one of the major offences so far as Africans are concerned. On the other hand, nearly one-fifth of all convictions of Africans are for offences against laws and regulations restricting the supply of liquor to them. These are statutory offences. From the figures given in the report, it is impossible to calculate exactly the proportion of all convictions of Africans that are for other statutory offences, such as those against the laws and regulations for their control, listed above. A rough estimate by the writer, however, puts this proportion at about 36 per cent. If the 19 per cent. of convictions which were for offences against the liquor laws (other than drunkenness) are added, it becomes apparent that over half of the convictions of Africans are for statutory offences. (8) Calculations by the writer.

A SURVEY OF RACE The Commissioner of the S.A. Police reported that 11,392 Whites and 65,440 Non-Whites were convicted during 1955 of serious crimes, an increase of 10,562 cases over the totals for the previous year. Working from figures given in the official monthly Bulletin of Statistics, one finds that 6.4 per cent. of all convictions of Whites were for serious crimes, equivalent figures for other groups being 4.6 per cent. in the case of Africans and 7.8 per cent. so far as Coloured persons and Asians were concerned. CRIMINAL ACTS OF VIOLENCE Particular attention was drawn by the Commissioner of the S.A. Police to the alarming increase in recent years in the number of cases of murder, culpable homicide and assault with intent to do grievous bodily harm in which knives are used. Extracts from his report, relating to stabbing cases in the Witwatersrand Division alone, in which Africans only were accused, are as follows: Stabbing cases, Witwatersrand Division Africans accused of Africans accused of murder or culpable assault with intent to do homicide grievous bodily harm 1946 ...... 159 2,181 1948 ...... 231 3,381 1950 ...... 385 4,336 1953 ...... 502 4,854 1955 ...... 564 6,080 It was stated in the report that during 1955, in the Union as a whole, 297 Whites, 260 Coloured persons, 73 Asians and 3,009 Africans were victims of criminal acts causing death (cases of suicide and accidental death are not included). Payroll robberies and other crimes gave cause for alarm in the central areas of large cities; but there has been an unparalleled upsurge of lawlessness in the African townships, particularly those of Johannesburg. While the police do most excellent work, their numbers are insufficient to permit of the patrolling of the streets of the townships, and much of their time is taken up in raiding for passes or liquor. Thousands of victims of assault and violence are treated every month in the hospitals in and around Johannesburg. People are afraid of venturing out alone at night. Africans queueing in broad daylight for trains or buses, or travelling on these vehicles, are robbed of their money, especially on Fridays when many have received their pay. The victims are generally terrorized into silence, afraid to complain to the police. Members of the Transvaal Provincial Council and representatives of the Institute of Race Relations have several times again urged, during the past year, that a system of civilian guards, under

RELATIONS: 1956-57 229 official control, should be instituted; but the approval of the authorities has not been forthcoming. An urgent conference of police district commandants and district heads of the Criminal Investigation Department was held in Johannesburg during October 1957 to discuss possible steps to combat the crime wave. Another anti-crime conference was sponsored by commerce, the findings and recommendations being sent to the Prime Minister. The Minister of Justice said(9) that he intended introducing legislation to empower the courts to pass a death sentence in serious cases of armed robbery. Corporal punishment would be obligatory in less serious cases; on a second conviction the indeterminate sentence would be compulsory; and, after their release, African prisoners would be banished permanently from urban areas. The Minister asked the courts, in the meanwhile, to impose very severe and salutary sentences. Africans are by no means the only offenders: the numbers in the Union convicted of aggravated assault, culpable homicide, attempted murder or murder during the eighteen months ended 30 June 1956 were 669 Whites, 257 Asians, 4,700 Coloured persons and 23,210 Africans, according to the report of the Commissioner of the S.A. Police. The Bulletin of Statistics states that during 1955 there were 4,627 Whites, 1,256 Asians, 11,755 Coloured persons and 57,161 Africans convicted of common or aggravated assault. The proportion of convictions for such crimes per head of population is actually highest in the case of the Coloured group; but for various reasons, including the lack of adequate police patrols and street lighting, the impact of the crime wave is felt most severely in the African townships. JUVENILE DELINQUENCY Again, it is by no means only amongst the Africans that juvenile delinquents are found: the problems of European 'ducktails' and Coloured 'skollies' give much anxiety. But the tsotsis in the African townships are exercising a reign of terror. Mr. J. L. Pieterse, the Manager of Native Administration of Rustenburg, gave a valuable paper on African juvenile delinquency at the recent conference of the Institute of Administrators of Non-European Affairs. Within the tsotsi community, he said, their name means those who follow the way of life of the sharp trousers - that is, trousers with legs narrowed at the bottom. There are various types of gangs, starting with the learner gangs of children under the age of twelve. From these develop the mediums - groups of adolescents who operate in small bands known as tjommies. When they have learnt the flaaitaal, or secret language, and are acquainted with life in the underworld, these youths become known as clevers. (9) Rand Daily Mail report, 31 October 1957.

A SURVEY OF RACE A few years later, when a lad is old enough to seek employment, he may turn to an honest way of life, and is then called a hepket; but if he becomes a criminal tsotsi he is known as a majita or majika. The gangs, Mr. Pieterse said, are not organized along tribal lines. Nevertheless, members have a common approach to life: they grew up in the same environment, under similar home conditions. Many are illegitimate, and most come from incomplete families. They left school early, and generally have years to wait before they can find jobs. They grew up without any duties or restrictions, more or less without parental discipline, and without healthy interests. They are subject to none of the sanctions of tribal life: the only laws they know are those of the White man. The tsotsis all visit the cinema regularly, the films shown having a great influence on their dress and secret language. This language is continually being modified to prevent the police from learning it. They spend much of their time gambling, often with 'doctored' dice. The rule of terror which they exercise among their own people cannot be over- stressed, Mr. Pieterse said. Especially on pay-day, they rob people in queues, buses, trains, cinemas and lonely streets at the point of a revolver or knife. Bystanders are afraid to interfere, and the victims fear that assault or murder or the rifling of their homes may follow any complaint made by them to the police. Starving for action, the organized gangs are in their element at times of disturbances or bus boycotts. Certain gangs associated themselves gratuitously with the leaders during the bus boycott, Mr. Pieterse added, terrorizing intending bus-users. He urged the creation of greater employment opportunities for youths, with aptitude testing; the combatting of illegitimacy; the registration of customary marriages to make them more binding; and a stricter censorship of films shown to young African audiences. Mr. Pieterse described methods he had used with success in Rustenburg for the rehabilitation of tsotsis. At meetings of the advisory board members, the parents of the youths concerned and officials, the charges against the lads were read out in their presence, and a full and frank discussion ensued. The punishment deemed necessary was then given on the spot, both parents and officials having a hand in its administration. The parents welcomed this action, feeling that they had the support of a number of persons with authority in their struggle with impertinent and criminal children. Afterwards, every effort was made to find employment for the youths: close liaison was maintained with employers. The warfare which has developed in Johannesburg during the past few months between the Zulu izicaza and the tsotsis has been described in an earlier chapter of this Survey. 230

RELATIONS: 1956-57 In recent years, another type of young African criminal is emerging: the comparatively well-educated lad, from a good home, who cannot find the 'middle- class' sort of job he wants, in which he can use his intelligence constructively, and who cannot maintain the standard of living to which he is accustomed on the wages paid for unskilled work. Even if such lads do not drift into crime they become frustrated and bitter. The Natal Office of the Institute of Race Relations, welfare workers in African townships, and others have been urging the establishment of special sections within labour bureaux to cater for these youths. The Grahamstown Local Committee of the Institute of Race Relations held an inter-racial discussion evening on 'problems of discipline'. The Transvaal Chamber of Industries strongly urged the Government to set up an intensive training scheme, in which lads could enrol voluntarily after leaving school to fit themselves for industrial employment on reaching the age of eighteen. Such a scheme was essential, the Chamber said, to prevent the wholesale moral deterioration which was threatening the future industrial African labour pool. LIQUOR Although various organizations and interests continue to oppose the relaxation of restrictions on the sale of liquor to Africans, others disagree. During March 1957, the Commissioner of the S.A. Police, speaking in his personal capacity("°), said that he was a protagonist of the unrestricted supply of liquor to all persons, irrespective of race or colour. All the restrictions appeared to be ineffective; and at the same time they were costing the taxpayer millions of pounds, since vast numbers of policemen, vehicles, magistrates, prosecutors, gaols and prison officials were needed to deal with offenders. In the following month the Assistant Commissioner of the Criminal Investigation Department, who also emphasized that he was speaking in his personal capacity, said at a SABRA conference that, during 1956, two of every nine court convictions were for liquor offences. "Of the 361,714 persons who contravened the liquor laws in 1954", he said, "260,765 were Natives. Of these, only 40,000 were convicted of drunkenness. This means that more than 200,000 were convicted of offences created by the Liquor Act. It goes without saying that the actions of the police against so many Natives for offences created by European laws must stir up feelings against the police"(" ). Were the restrictions abolished, drunkenness might increase at the outset, but would most probably return to usual proportions as soon as the novelty wore off, he concluded. (10) As reported in the Star, 18 March 1957. (11) Star report of speech, 17 April 1957.

232 A SURVEY OF RACE At the congress of the Transvaal Agricultural Union held during August, a resolution was adopted reading, "While aware of the dangers of the abuse of alcohol, Congress is also conscious of the tremendous damage wrought by the illicit liquor trade which makes the ban on liquor ineffective ... For that reason, Congress calls the attention of the authorities to the necessity of revising the liquor laws to allow the reasonable supply of liquor to Natives under conditions ensuring a minimum of abuse"(2). As from the beginning of August 1957, European beer and light wines were on sale to Africans in Southern Rhodesia. Restrictions on the sale of liquor to Africans had, previously, been relaxed in Northern Rhodesia, the Belgian Congo, Nyasaland, Basutoland and Swaziland. IMMORALITY ACT, No. 23 OF 1957 The Immorality Act of 1957 was mainly a consolidating measure, but several new provisions were introduced. Inter alia, maximum penalties for illicit carnal intercourse between Europeans and Non-Europeans were increased, and it was rendered an offence for a White person and a Non-White together to commit an indecent or immoral act, or to solicit one another to the commission of such unlawful acts. When introducing the Bill, the Minister of Justice said(3) that in prosecutions under the Immorality Act of 1927 as amended, it had occurred that a Non-White woman pleaded guilty while the White man charged as her accomplice pleaded not guilty. A separation of trials was then necessary because the admission made by the first accused would prejudice the case against the second. In view of her plea, the woman was found guilty and sentenced to prison, while the man tried to secure an acquittal. There had been cases in which he was acquitted because the evidence was not conclusive. It had also occurred that the woman had been bribed by the man to deny the evidence she had given in the first place, professing, at his trial, to know nothing about the matter. In cases where a man was acquitted after his accomplice had been imprisoned, she was immediately released unless she had given false evidence at the second trial. He had given instructions, the Minister said, that his Department should investigate whether provision could be made for these cases to be heard jointly. In the meanwhile, the proposed amendments would remove certain anomalies. Spokesmen for all the main Opposition parties maintained(14) that immorality cannot be dealt with effectively by legislation. In spite of the criminal sanctions imposed in 1950 there had been an increase since then in the number of prosecutions for illicit carnal (12) Star, 29 August 1957. (13) Assembly, 29 January 1957, Hansard 2, cols. 310/1. (24) Cols. 314/24.

RELATIONS: 1956-57 233 intercourse. Legislation made spies and snoopers of other people and of the police, and led to blackmail. It resulted in invasion of the worst kind of the privacy of the individual. Social conventions, rather than criminal sanctions, should be relied upon to check private immoral acts which did not affect society at large. Mature countries of the Western world aimed at raising the moral perception of the people rather than at applying a kind of social vengeance to those who submitted to temptation in such matters. There have been at least four further cases, during the past year, in which a Non- White person was sentenced to a term of imprisonment while the White person charged as the accomplice was acquitted or given a suspended sentence. Numbers of organizations continue to urge that there should be joint trials in all such cases, and that no plea of guilt by either party separately should be accepted. It has been pointed out that a Non-White woman, unable to afford legal defence, often pleads guilty in ignorance of the processes of the law. EXTERNAL AFFAIRS SOUTH AFRICA'S MEMBERSHIP OF THE UNITED NATIONS When the three items affecting South Africa - her racial policies, her treatment of people of Indian origin, and the status of South-West Africa - were again included on the General Assembly's agenda, for its 1956 Session, the South African Government announced its intention to withdraw from active participation in the affairs of the United Nations. Speaking in Parliament in June 1957(1) the Minister of External Affairs said that South Africa would remain a member, but until such time as the United Nations decided to conform to the provisions of its own Charter, viz Article 2 (7) (which does not authorize intervention in the domestic affairs of any country), South Africa would maintain only token representation. It would not participate in debates of the General Assembly, nor in discussions of any of the Committees except those of the Fifth Committee, which was concerned with the financial affairs of the United Nations. It would record its vote in the Assembly only when Article 2 (7) was at issue, or in very exceptional other circumstances. Its permanent representative had been replaced by a more junior member of its Diplomatic Service. Members of the Opposition said('), "There is nothing wrong in the Government having a policy which is unpopular with the majority of the people of the world, but let the Government openly admit it, instead of trying to justify those policies by putting every() Assembly, 10 June 1957, Hansard 20, col. 7598. (2) Cols. 7625, 7612.

234 A SURVEY OF RACE body else in the wrong"... "Is it not better to go in there, come what may, fight whoever wishes to fight us either on the question of jurisdiction or on the merits of a case, and be ready to help our allies in this international forum?" Later, in a Press statement(3), the Minister of External Affairs said that the South African Acting Permanent Representative had recorded his objection to, and later his vote against, the placing of the three items affecting South Africa on the United Nations' agenda for the 1957 Session. Although the inscription proposals had again been adopted by large majorities, the voting showed an improvement in South Africa's favour since the previous Session. From the great majority of the Communist bloc and of the so-called 'Bandung' or Afro-Asian group, South Africa could expect only determined opposition on the items concerned. Its future relations with the United Nations would largely be determined by the attitude of countries which were outside the Bandung-Communist combination. The Union's present policy of 'token' representation could not be continued indefinitely, the Minister concluded. Sooner or later the matter of South Africa's continued membership of the United Nations would have to be considered by the Union Government. In the meanwhile, South Africa has continued to participate in the work of the World Health Organization and the Food and Agricultural Organization. UNITED NATIONS' CONSIDERATION OF RACIAL POLICIES IN THE UNION It was reported in our last Survey that the recommendation by the Special Political Committee that the three-man commission on the Union's racial policies be re-appointed, was not adopted by the General Assembly at its 1955 Session, receiving one less than the necessary two-thirds majority of votes. At the next Session, the United States told the Special Political Committee(4) that, while it disagreed with the racial policies of the Union, it believed that in the existing situation there was little more that the world organization could constructively do than it had already done without the co-operation and goodwill of South Africa. The United States hoped that this item would not automatically be included in the agenda of the Twelfth Assembly. It considered that the most constructive approach for the United Nations was through the examination of various aspects of human rights in their broad application, rather than through focussing discussion exclusively on the situation in a single member state. (3) e.g. Rand Daily Mail, 27 September 1957. (4) Cape Times report, 17 January 1957.

RELATIONS: 1956-57 235 At the end of January 1957, the General Assembly, by 56 votes to five, with twelve abstentions, deplored the fact that the South African Government had not observed its obligations under the Charter, and had pressed forward with discriminatory measures which would make the future observance of these obligations more difficult. It called upon South Africa to reconsider its apartheid policies in the light of its obligations and responsibilities under the Charter, and in the light of . . . progress achieved in other contemporary multi-racial societies. It invited the South African Government to co-operate in a constructive approach to the question, more particularly by its presence in the United Nations. The matter was again debated at the next Session of the General Assembly, in November 1957, a resolution couched in somewhat similar terms being adopted by 59 votes to six, with 14 abstentions. South Africa's failure to respond to similar appeals in the past was deplored. She was asked to review her policies in the light of the high principles and purposes enshrined in the Charter, and in the light of world opinion, and to inform the Secretary-General of her response. Britain was one of those who voted against the resolution. Her representative said that this decision was in no way influenced by the merits or demerits of South Africa's policies, but was based on the fact that Article 2 (7) of the Charter did not authorize intervention in the domestic affairs of any country. Until Article 2 was changed by constitutional means, it was outside the jurisdiction of the United Nations to discuss the matter(5). TREATMENT OF PERSONS OF INDIAN ORIGIN IN THE UNION In January 1957 the General Assembly, by 42 votes to none with twelve abstentions, appealed to the Government of the Union to negotiate with India and Pakistan with a view to solving the question of the treatment of persons of Indian origin in South Africa in accordance with the purposes and principles of the Charter and the Universal Declaration of Human Rights. The parties concerned were invited to report as appropriately, jointly or separately, to the Assembly on the progress of the negotiations. A similar resolution, for submission to the Assembly, was passed by the Special Political Committee in November 1957, by 63 votes to none xith fourteen abstentions. The Union Minister of External Affairs had said earlier(), "There is not the slightest prospect that South Africa will agree to abandon her attitude in regard to intervention in our domestic affairs . . . We see no purpose therefore in proceeding with the further discussion of this matter" (i.e. the treatment of persons of Indian origin). (5) Star report, 27 November 1957. (6) Assembly, 26 April 1956, Hansard 13, cols. 4435/36.

236 A SURVEY OF RACE SOUTH-WEST AFRICA As far back as 1946, the General Assembly of the United Nations recommended that South-West Africa be placed under the international trusteeship system, as was being done in the case of all other remaining mandated territories. (South- West Africa was, however, the only 'C' mandate. Unlike the others, it was to be administered as if it were an integral portion of the country entrusted with its administration). The Union Government maintained that its international function of administration was exercised on behalf of the League of Nations, not of the United Nations. It would, nevertheless, continue to act in the spirit of the mandate. In 1947 the Union Government announced that, as a voluntary concession to the position of the United Nations as the spiritual heir of the League, South Africa would submit to it annual reports similar to those which had previously been sent to the Mandates Commission. But two years later, the new Government decided that no further reports would be submitted. In 1950 the International Court of Justice, having been asked for an advisory opinion, upheld South Africa's claim that the Union Government was not legally obliged to place the territory under United Nations' trusteeship, but stated its opinion that the Union was not competent to alter the status of South-West Africa unless with the consent of the United Nations; that the General Assembly was legally qualified to exercise supervisory functions over the administration of the territory; and that the Union Government was under an obligation to submit to this supervision, to render reports to the United Nations, and to transmit petitions of the inhabitants of the territory. Annually, since then, the Union Government has been requested by the General Assembly to agree voluntarily to place the territory under international supervision, and to submit reports on its administration. This it has refused to do. However, in September 1952 it offered certain concessions. It suggested that, under the aegis of the United Nations, an international treaty embodying the spirit of the mandate should be concluded between the Union on the one hand, and on the other, the United Kingdom, France and the United States, which were the only remaining Powers of those originally conferring the mandate on South Africa. Should negotiations on these proposals proceed satisfactorily, the Union Government would agree to make available to the Powers concerned information on the administration of South-West Africa. These concessions were not accepted. A seven-member committee, headed by Mr. Thanet Khoman of Thailand, was set up to negotiate with the Union Government and to prepare annual reports on the administration of South-West Africa. Meanwhile, South Africa, which had earlier arranged for the territory to be represented in the Parliament of the Union as an integral part

RELATIONS: 1956-57 237 thereof, decided in 1954 that the administration of Native Affairs should be transferred from the Administrator of South-West Africa to the Union Minister of Native Affairs. The Prime Minister said(7) that South Africa, and South Africa alone, was competent to decide on the administration and future of South-West Africa. During 1956 the question arose of whether it was admissible for the seven- member committee to grant oral hearings to petitioners from the territory. By an eight to five majority the International Court gave the advisory opinion that it might do so, provided that the General Assembly was satisfied that such a course was necessary for the maintenance of effective international supervision of the administration of the territory. During January 1957 the General Assembly authorized the committee to grant oral hearings to petitioners; and evidence was then heard from the Rev. Michael Scott and from Mr. E. Mburumba Getzen, a South-West African studying at Lincoln University, Pennsylvania. In February 1957 the membership of the special committee was increased from seven to nine. Its chairman said(') that, much as the committee had tried, it had failed to obtain South African recognition of the United Nations' role in regard to the territory. The introduction of new elements would enable other countries to share in the present efforts. Two further reports by this committee were published during 1957. In its third report the committee stated(') that it had again been unable to escape the conclusion that conditions in the territory were for the most part - and particularly for the African majority - still far from meeting in a reasonable way the standards of either endeavour or achievement implicit in the purposes of the mandates system. Detailed criticisms were made. The committee gave its opinion that the situation called for close re- examination by the General Assembly. In its next report, released in September 1957(10), the committee wrote of increasing political, social and economic pressures and restrictions on the vast majority of those living in the territory, and deplored what it described as the continued trend towards the deliberate subordination and relegation of these people to an inferior status. It referred, inter alia, to educational facilities, labour laws and regulations, and restrictions on freedom of movement. The Union's policy, the committee considered, was to give paramount importance to interests of the European population, and its ultimate goal was the incorporation of the territory into the Union. The General Assembly was urged to consider immediate action to preserve the international status of South-West Africa pending its placing under international trusteeship. (7) Senate, 21 May 1956, Hansard 15 cols. 3631/32. (8) Star report, 14 February 1957. (9) Star report, 7 December 1956. (10) Star report, 3 August 1957.

At its 1956 Session, the General Assembly adopted a resolution asking the committee to study what action was open to the United Nations to ensure that South Africa fulfilled all obligations assumed under the mandate pending the placing of the territory under trusteeship. It also asked the Secretary-General of the United Nations to explore ways for a satisfactory solution of the question and to take whatever steps he deemed necessary to that end. A new course of action was decided upon by the General Assembly towards the end of 1957. By 50 votes to ten, with 20 abstentions, it resolved to set up a 'good offices' committee composed of Britain, the United States and one other member to be appointed by the President of the General Assembly, to explore with the South African Government the possibility of reaching an agreement which would continue to accord to the territory an international status. Brazil was later appointed as the third member of the committee. RELATIONS OF THE UNION WITH OTHER AFRICAN TERRITORIES In the Assembly during May 1957, the Prime Minister said(") that there was and must be room in Africa for countries which were under White domination as well as for other countries which were Non-White. In the ordinary course of events, as these countries developed, there would have to be contact between the various governments, which would increasingly have to co-operate and consult on matters affecting common interests. In the course of time there would have to be ordinary relations, and even diplomatic relations. But over-hasty action should not be taken. "Our own White population in South Africa will have to learn to realize this, and that is not something which one can just do overnight". It was announced during December 1956 that a Division of African Affairs had been created within the Department of External Affairs, headed by a Senior Assistant Secretary (Diplomatic) with the rank of a Minister. Mr. Robert Jones, who was appointed to this post, represented the Union Government at the ceremonies in Accra when Ghana attained sovereign status. The Minister of External Affairs said in the Assembly during June(12) that the general question of outside financial and economic aid in the development of emergent independent territories in Africa was primarily a matter for the countries concerned and for the metropolitan powers. "As far as the Union of South Africa is concerned, we naturally welcome any development on the continent of Africa . . . provided that no impediment will be placed in the way of South Africa's access to those markets. The territories (11) 2 May 1957. Hansard 11. cols. 5219/20. (12) Assembly, 10 June 1957, Hansard 20 cols. 7634/45. 238 A SURVEY OF RACE

RELATIONS: 1956-57 239 to the north of the Limpopo are the natural markets for our large and expanding industries". The Minister added that he hoped South African industrialists would take greater pains than they had done in the past to secure a footing in those markets. After talking of South Africa's active participation in the work of C.C.T.A. (the Council for Technical Co-operation in Africa) and C.S.A. (the Scientific Council for Africa), the Minister said that during his recent visit to New York he had held discussions with the Foreign Ministers of four of the African states; and he intended, during the Prime Ministers' Conference in London, to have discussions with the Prime Minister of Ghana. An African representative of the Ghana Government visited the Union during November 1957 to attend a meeting of the Maps and Surveys Committee of C.C.T.A. The Department of External Affairs gave him all possible assistance, its officials accompanying him wherever he appeared in public.

240 A SURVEY OF RACE ANNEXURE I RECENT PUBLICATIONS OF THE S.A. INSTITUTE OF RACE RELATIONS South Africa's Colonial Policy, by Leo Marquard. The Ethics of Apartheid, by Professor B. B. Keet (Hoernl Memorial Lecture). The Group Areas Act: Its Effects on Human Beings, by Muriel Horrell and Mary Draper. The Native Laws Amendment Bill: Its Effects on Religious and Other Freedoms. Bechuanaland: A General Survey, by Tshekedi Khama. Survey of Race Relations, 1955/56, compiled by Muriel Horrell. 27th Annual Report of the Institute, 1955/56. Thought (a Journal of Afrikaans Thinking for the English-speaking.) March, 1957. June, 1957. September, 1957. Race Relations JournalVol. XXIII, No. 4Official Discretion, by Dr. the Hon. E. H. Brookes. Implications of the Tomlinson Report for the Lovedu Tribe, by Prof. J. D. and Dr. E. Krige. Vol. XXIV, Nos. I and 2Tribalism in a Modern Society, by Dr. Ellen Hellmann. The Future in the Light of the Tomlinson Report, by Prof. Z. K. Matthews and Dr. D. G. S. M'Timkulu. A Review of Recent Legislation, by Quintin Whyte. Race Relations News (every two months). N.B.-Memoranda published in duplicated form are mentioned in the text of this Survey. ANNEXURE II OTHER RECENT PUBLICATIONS DEALING WITH RACE RELATIONS Ambassade de France, New York. Impact of French ModernizationPlan on Africa. African Affairs, 15, Oct. 1956. Austen, Dennis. West Africa and the Commonwealth. (Penguin), 1957. Bate, H. Maclear. South Africa Without Prejudice. (Werner Laurie), 1956. Bauer, P. T., and Yamey, B. S. The Economics of Under-developed Countries. (Blackwell), 1957. Becker, P. W. Sandy Tracks to the Kraals. (Dagbreek), 1956. (Deals with initiation ceremonies.) Bleek, Dorothy F., ed. Harris, Z. S. A Bushman Dictionary. (American Oriental Society, New Haven, Connecticut), 1956. Bond, John. They Were South Africans. (Oxford University Press), 1956. (Deals with the contribution by the English-speaking citizens.) Bowles, Chester. Africa's Challenge to America. (Cambridge University Press), 1956. Brausch, G. Origines de la politique indigene Beige en Afrique. La Revue de l'Institut de Sociologie Solvay. (Universit6 Libre de Bruxelles), No. 3 of 1955. Brookes, Edgar H., and Hurwitz, N. The Native Reserves of Natal. Natal Regional Survey, Vol. 7. (Published for the University of Natal by Oxford University Press), 1957. Bruwer, J. P. Manne van die Bantoe. (Afrikaanse Pers-Boekhandel), 1957. Kort lewensgeskiedenisse van Sjaka, Moshoeshoe en Khama.

RELATIONS: 1956-57 241 Bureau of Census and Statistics. Geographical Distribution of the Population of the Union of S.A. Population Census, 8 May, 1951. U.G. 42/1955. Buskes, J. J. South Africa's Apartheid Policy-Unacceptable (translation). (S.A. Fellowship of Reconciliation), 1957. Campbell, J. McLeod. African History in the Making. (Edinburgh Press, London), 1956. Central African Examiner. New periodical. First issue, 7 June, 1957. (P.O. Box 46, Salisbury.) Central Office of information, London. The Making of Ghana. 1956. Conover, Helen F. (compilator). Africa South of the Sahara: a Selected, Annotated List of Writings, 1951-56. (Library of Congress, Washington, D.C.) de Kiewiet, C. The Anatomy of South African Misery. (Oxford University Press), 1956. Dumpleton, C. W. Colonial Development Corporation. (Fabian Colonial Bureau), 1957. Elias, T. Olawale. The Nature of African Customary Law. (Manchester University Press), 1956. Epstein, A. L. African Leadership on the Copperbelt. Listener (London), 11 Oct., 1956, p. 540. Reprint, Colon. Rev., Vol 9, No. 8, Dec. 1956, 239-40. Fallers, Lloyd A. Bantu Bureaucracy: A Study of Integration and Conflict in the Political Institutions of an East African People. (Cambridge: Heifer and Sons for the East African Institute of Social Research.) Franklin, Dr. A. de Sousa. The Portuguese System of Protecting Native Landed Property. Journal of African Administration, Jan., 1957. (H.M.S.O.) Franklin Frazier, E. The Negro in the United States. Revised edition, (Macmillan Co., N.Y.), 1957. Hailey, Lord. An African Survey. Revised Edition. (Royal Institute of International Affairs), 1957. Hutchinson, B. Some Social Consequences of Nineteenth Century Missionary Activity among the South African Bantu. Africa, April, 1957. (Journal of the International African Institute.) Inter-African Labour Institute, Commission for Technical Co-Operation in Africa South of the Sahara. The Human Factors of Productivity in Africa, 1957. International African Institute. Social Implications of Industrialization and Urbanization in Africa South of the Sahara. (UNESCO), 1956. Irving, J. African Household and Relationship Structures in a South African Non-Industrial Urban Area. Journal for Social Research, Vol. 6, No. 1, June, 1955. Jennings, Sir Ivor. The Approach to Self-Government. (Cambridge University Press), 1957. Junod, H. P. Crimes of Violence. Special number of Penal Reform News, Jan., 1957. (Penal Reform League of S.A.) Kenya Ministry of Agriculture, Animal Husbandry and Water Resources. African Land Development in Kenya, 1946/55. Khama, Tshekedi. Political Change in African Society. (A Study of the Development of Representative Government.) (The Africa Bureau), 1956. Kuper, Hilda. An Ethnographic Description of a Hindustani Marriage in Durban. Africa Studies, Vol. 15, No. 4, 1956. Leiden: Universitaire Pers. The Future of Customary Law in Africa. (Symposium, 1955), 1956.

242 A SURVEY OF RACE Malherbe, E. G. The Autonomy of our Universities and Apartheid. (Privately published), 1957. Marsh, Z. A., and Kingsnorth, G. An Introduction to the History of East Africa. (Cambridge University Press), 1957. Mason, Philip. Racial Attitudes in Central Africa. (Royal Institute of International Affairs). In preparation. Matthews, E. D. The Rebirth of a South African Farm. (Lovedale Press), 1955. Mboya, T. The Kenya Question: An African Answer. (Fabian Colonial Bureau), 1956. McCulloch, Merran. A Social Survey of the African Population of Livingstone. (Manchester University Press.) Rhodes-Livingstone Papers, No. 26. 1956. Morris, S. Indians in East Africa: A Study in a Plural Society. Republished Colonial Review, Vol. 9, No. 8, Dec., 1956. Patterson, Sheila. The Last Trek (A study of the Boer People and the Afrikaner Nation). (Routledge and Kegan Paul), 1957. Perham, M. Lugard. Vol. L The Years of Adventure, 1858-98. (Collins), 1956. Pogucki, R. J. H. Gold Coast Land Tenure. (Government Printer, Accra and Crown Agents), 1955. Redmayne, P. Gold Coast to Ghana. (Blackwell), 1957. Rhodesian Institute of African Affairs. A Synopsis of Native Policy and Developement in Southern Rhodesia. 1956. Ross, Murray G. Community Organization-Theory and Principles. (Harper and Bros., New York), 1955. Royal Institute of International Affairs. Volumes covering 1939-1956, issued 1957, of Survey of International Affairs. Schapera, I. Government and Politics in Tribal Societies. (Watts, London), 1956. Seligman, C. G. Races of Africa. (Revised by a group of anthropologists headed by I. Schapera). (Blackwell), 1957. Shepherd, R. H. W. Bantu Literature and Life. (Lovedale Press), 1955. Simons, H. J. African Women and the Law in South Africa. The Colonial Review, Sept., 1956. Somervell, D. S. A Study of History by Arnold J. Toynbee. (Second and final volume of an abridgement of the original), 1957. State Information Office Fact-Paper 42. Reprint of Report by Lawrence and Lorna Marshall on First-Hand Experiences with the Bushmen. Sept., 1957. Stillmann, Calvin W. (Ed.) Africa in the Modern World. (University of Chicago Press). Papers given at 29th Institute of the Norman Wait Foundation in 1953. Strong, Tracy. Africa is Here. (World Alliance of Y.M.C.A.'s, Geneva.) Thorp, Ellen. Ladder of Bones. (The story of Nigeria from 1853-1953.) (Jonathan Cape), 1956. United Nations. First United Nations Congress on the Prevention of Crime and the Treatment of Offenders. Aug./Sept., 1955. Walker, Eric A. A History of Southern Africa. (Revised and supplemented), 1957. Walton, James. African Village. (Van Schaik), 1956. Wellington, J. H. Southern Africa, Vol. I. (Geographical). (Cambridge University Press), 1955. Woodroff, I. 7 he Relationship Between Central and Local Government in Africa. Journal of African Administration, Jan. 1957. (H.M.S.O.)

RELATIONS: 1956-57 24 ANNEXURE III HOUSING SCHEMES FOR AFRICANS The following tables reflect progress made during the year 1 October 195630 September, 1957 (unless otherwise stated). Progress A total of 7,154 detached dwellings was built during the year by municipal workers. Of these, 694 are at Dube, 1,450 at Mofolo North, 1,450 at Jabavu and Extn., and 283 at Mofolo South. The rest were built on site-and-service schemes: 272 at Dhlamini, 491 at Chiawelo, 958 at Mapetla, 513 at Zondi, and 1,043 at Phiri. Other dwellings were erected by owner-builders. Nancefield Hostel for 4,976 men was completed. 8,736 more dwellings are planned and under construction. 4,817 sites were serviced (site-andservice schemes) at Mofolo North, Molapo, Moletsane, Zondi, Tladi, Dhlamini and Senaoana. 5.403 sites were occupied on these and on previously laid-out schemes at Moroka North, Jabavu and Extn., Mofolo South and Chiawelo. Further site-and-service and slum clearance schemes are planned for Zola, Emdeni, Naledi and Jabulani. Shortage 20,000 dwellings. Provision has been made for most of these by the end of 1959. Meadowlands, 7.200 dwellings have now been built, The removal scheme Johannesburg and 6,750 of them are occupied. (Some (from the Western 4,600 were built during the period June, Areas) is now about 1956, to October, 1957, inclusive.) half completed. Hostels for 1,200 men have been built and at present 708 men live in these. Germiston A very large new housing scheme, 8,000 dwellings. eventually to accommodate 26,000 families and 25,000 single men, is being planned at Kaalfontein, about 18 miles from Germiston, to cater for Africans from the north part of Germiston, also from Kempton Park and five other small towns in the area. It will be administered by Germiston municipality. Stands are already being developed there. It is planned that from 1958 on, some 6,000 houses will be built each year. 977 detached dwellings were built at Natalspruit, to the south of Germiston, during the year, and 2,666 more are in course of erection. 270 more sites were serviced in the site-and-service scheme. Town or Area WITWATERSRAND, Johannesburg i

244 A SURVEY OF RACE Town or Area Progress Shortage Alberton Land for a new location has been purchased. It is planned to build 3,000 houses and a hostel for 2,000 men within two years. Boksburg Land has been purchased for the About 3,000 houses. development of a new township, More if present loVosloorus. cation is allocated to Coloured people. Benoni 3,432 detached houses were built None. during the year at Daveyton, and 403 are in course of erection. They have individual electricity and water supplies, and are built mainly by private contract. The municipal building section is employed chiefly on the erection of public buildings. 2,040 single men are temporarily accommodated in houses. Approval is awaited for a cottage hostel scheme to accommodate 4,096 men. Approval is also awaited for the purchase of land adjoining Daveyton for future needs. 500 houses will be built per year there. Brakpan A site-and-service scheme, eventually to house some 60,000 individuals, is in progress. Permanent dwellings are being erected on some of the sites. Springs 531 detached and semi-detached About 2,000 houses houses were built at Kwa-Thema, and including removal 23 are in course of erection. The exist- of old location. ing hostel (for 2,400 men) is not yet fully occupied. Roodepoort- 500 detached houses were built at 1,000 families. Maraisburg Dobsonville. 600 more sites were serviced-on these the Council has erected 200 temporary rooms. A cottage hostel for 528 men was built, and the question of building a residential hotel is being considered. 100 detached houses are to be built as part of a home ownership scheme. Krugersdorp 185 detached houses for sale were 1,300 families. built at Kagiso, and 600 more sites are being serviced. A cottage hostel for 268 men is being built. 700 more sites are shortly to be serviced. On all these sites 1,300 two, three and four-roomed houses will be built.

RELATIONS: 1956-57 Town or Area Progress Shortage Randfontein 58 semi-detached houses, comprising ? 116 dwellings, were built during the year. OTHER TRANSVAAL TOWNS Pretoria At Atteridgeville, 884 four-roomed 10,000 dwellings detached dwellings were built during and hostels for the year, and 500 more are in course of 5,900 men. erection. At Saulsville site-and-service scheme, 4,009 sites were serviced. On 530 of these the municipality built 4-roomed dwellings, and 470 more are now being built. At Vlakfontein East site-and-service scheme, 2,000 sites were serviced, and on these the municipality built 522 detached half-houses (2 rooms). 400 hostel units, accommodating 6,400 men, were built at Saulsville; and another hostel for 1,500 men is to be built at Vlakfontein. Vereeniging A new African area has been proclaimed. Residents of the Old Location will eventually be moved there. The Council is planning 644 houses at Sharpe Extension. Vanderbijl The erection of a housing scheme of 600 families and Park 600 dwellings, and a hostel for 2,000 2,000 men. men, is being planned. Barberton A new housing scheme is in progress, with 2, 3 and 4-roomed dwellings. 200 of them will be completed by the end of 1957. A hostel is also being planned. CAPE Cape Town A housing scheme for 5,000 families is being planned at Nyanga West. Cottage hostels to house 6,320 men were built at Langa. Simonstown No houses were built by the local Uncertain. Old authority. 78 sites were serviced for location may have Africans to build for themselves, to be moved. Cape Divisional The removal of Africans from "black Council Area spots" to the transit camp at Nyanga is continuing. Rudimentary services are provided, and the people erect their own temporary dwellings. Permanent dwellings will be built for those allowed to remain in the area.

A SURVEY OF RACE Town or Area Progress Shortage Port Elizabeth The Kwa-Zakhele site-and-service scheme is being developed beyond New Brighton to re-house Africans from the Korsten slums. During the year, 5,431 sites were serviced and 4,238 of them occupied. The Municipality built dwellings on 2,622 of the sites. Walmer None. Group areas decisions are Uncertain. awaited. .Port Elizabeth Still awaiting group areas decisions. 1,000 families. Divisional Council area. East London 1,378 sites were serviced at Duncan 3,500 men and 1 Village Extension. A contract for the 7,000 families (inbuilding of detached and "half"-houses cluding re-housing on these sites has been placed. of families at West A hostel for 768 men was built at Bank and CamDuncan Village Extension, and tenders bridge). have been invited for another hostel for 3,500 men. Kimberley 315 detached dwellings were built at 1,500 families and Galeshewe, and 241 are in course of 768 men. erection. A site-and-service scheme for 1,500 families is being planned, also a hostel for 768 men. Queenstown 700 four-roomed houses were built by 900 families private contract over the past two years. 300 more will be completed by the end of 1957. Each has a standpipe and flush sanitation. A possible scheme for two-roomed houses is being investigated. Worcester Adequate accommodation for the Nil. next ten years is available. Uitenhage 143 detached houses were built de- Uncertain. partmentally and 207 more are in course of erection at Kabah, for sale to Africans. NATAL At Lamont Extension, 24 detached and 364 semi-detached dwellings were built for sale, and 342 more are in course of construction. Also, in the loan scheme (see last Survey, page 254) 3 dwellings were built and 30 more are in course of construction. 16,000 families and 20,000 "single" men and women. Durban 246

RELATIONS: 1956-57 Town or Area Pietermaritzburg Dundee Progress At Lamont, the final 26 detached and flatted houses of a letting scheme were built. At the Cato Manor Emergency Camp, 259 more temporary dwellings were built by the site permit holders. At Duffs Road, the first neighbourhood unit, Kwa-Mashu, is being laid out. There will eventually be 8 such units, grouped round an administrative and business centre, catering for 12,000 families and 25,000 single persons. 2 cottage hostels are being planned at Duffs Road. The Minister of Native Affairs has ruled that no further building is to take place at Sobantu township. All future development must be within the Edendale released area. The establishment of a new village is being planned, to house the entire African community. The scheme will initially accommodate 2,800 families and 1,100 single persons. ORANGE FREE STATE 83 houses were built by Africans themselves under the assisted housing scheme. A municipal scheme for 200 houses is being planned. 1,450 more sites were serviced and 560 allocated to prospective homebuilders. Cottage hostels to house 1,536 men are being planned. 197 detached houses were built at Seeisoville, and 50 more are in course of erection. A site-and-service scheme, ultimately to provide for 1,750 families, is being developed: 500 sites were serviced during the year. Hostel units to house 192 single men are shortly to be erected. 500 families. 1,250 families and 100-200 men. Shortage Bloemfontein Kroonstad 247

A SURVEY OF RACE INDEX Pages Adams College...... Adult education ...... Advisory Boards Congress ...... Afforestation ...... African Children's Feeding Scheme franchise Jazz and Variety Company Medical Scholarships Trust Fund National Congress National Soil Conservation Association professional and business man territories beyond the Union...... Africans-Classes of work for which may register -Control of in urban areas .. (Also see Bantu, and Native) Agents-entry into locations ...... Agricultural development in the reserves Agriculture-Employment -Training Alberton...... Alexandra Township Aliwal North Amalgamated Engineering Union ...... Anglicans-see Church of the Province Anthem-National...... Apartheid-United Nations' debate Art ,, galleries Asians-Artists -Birthplaces of those in South Africa ...... (Also see Indians, and Chinese) Assemblies or gatherings-see Inter-racial, and Meetings Auden House...... Balfour Banishment of Africans-see Deportations Bantu Authorities Colleges...... Education Sports Club Trust Welfare Trust (Also see Africans, and Natives) Baphurutse Reserve...... Barberton...... Benoni-Cost-of-living for Africans -Housing .. -Pensions for Africans ...... -Population -Riot at Daveyton ...... 188 209 60 144 216 .. 3 222 208 7, 41, 72, 131, 134, 173 149 178 35, 238 157 52 178 143 174 195 244 124,125,128139 *. 111 156 48 234 221 220 223 51 17 ...... 68 77 199, 203, 207 184, 196 219 210, 213 68, 74 126,245 166 124, 244 183 38 88 248

RELATIONS: 1956-57 Black Sash Blindness ...... Bloemfontein-Housing -Passes for women .. -Population Boksburg-Housing ...... -Industrial development -Passes for women .. Booklists for schools ...... (Also see Publications) Boy Scouts Association...... Boycott of buses ...... , cigarettes Brakpan Bronkhorstspruit ...... Building-employment and training Bureau of Literacy and Literature Bursaries for Africans ...... Bus Boycott ...... 249 Pages 6, 33, 72, 207 213 ...... 126,247...... 71 38 244 ...... 116 ...... 71 191 11 ...... 128, 170 8 244 ...... 112 ...... 176,181,194...... 209 ...... 186, 208 128, 170 Campaign of Defiance of Unjust Laws Cape Divisonal Council Cape Peninsula Church Council...... Cape Town-Cost-of-living for Africans -Group areas -Housing -Passes for women -Population -Transport services...... Cape Western area-Influx control Capital for development...... Carolina-Group areas...... Catholic Church ...... Cerebral palsy...... Chamber of Commerce ...... Chamber of Industries Charlestown Chiefs-African-Deposition of...... Chinese people in Johannesburg ...... Christian Council of S.A. Christian Literature for the Bantu ...... "Church Clause" Church of the Province of S.A...... Cinemas-effects of Group Areas Act ...... Civil liberties in South Africa Civil Rights Committee, Johannesburg Civil Rights League...... Clothing Industry ...... Clubs-Effects of Group Areas Act ,, -Effects of Native Laws Amendment Act 41 245 18 169, 171 109 126, 127, 128, 245 71 38 128, 139 71, 72, 116, 245 149 110 8, 19, 24, 213 215 130, 134, 152, 172 130, 177 125 74, 148 105 18, 23, 198, 210 210, 221 17 11, 18, 23 27,95 11,31,48 34 33 . 153 27,95 25, 36

A SURVEY OF RACE Pages Coloured coons ...... 223 Education Commission ...... 188 franchise ...... 3,49 housing...... 127 jazz ...... 222 land settlement ...... 50 people in Western Areas, Johannesburg ...... 103 People's Union of S.A...... 7 representation in the Senate ...... 50 welfare services ...... 217 Commerce-Employment in ...... 98, 177 (Also see Chamber) Commercial courses in African schools ...... 187 Community centres ...... 219 Conferences-see National Convention, Inter-Denominational Congress Group ...... 7, 41, 131, Conservative Party ...... 135, 173 Continuation Classes ...... 210 Cost-of-living ...... 120, 121,126, 129, 133, 135, 137, 138, 166171, 172, 173 (Also see Taxation, Wages, Housing-assisted) Crime in African townships ...... 228, 229 Criminal Law Amendment Bill ...... 224 statistics ...... 226 Cripples ...... 215 Cycling ...... 220 Defiance Campaign...... Deportation of Africans ...... (Also see Tribes-removal) Diplomatic relations with other African territories Dockworkers Domestic servants-effects of Group Areas Act Drama Dundee Durban-Cost-of-living for Africans...... -Group areas -Housing...... -International Club...... -Medical School-see Natal -Population -Transport services...... Dutch Reformed Church-see Nederduits, Nederduitse, Gereformeerde E East London-Housing...... -Population -Transport services ...... 41 73, 74 35, 238 161 96, 97 222 126,247 170, 171 112 126, 127, 128, 246 36 38 128, 139 126,246 38 139 250

RELATIONS: 1956-57 Economic conditions in South Africa ...... Education-Africans -Amendment Ordinance (Transvaal) ...... -Coloured and Asian children...... -White children ...... Electrical Wiremen and Contractors Amendment Act, No. 35/1957 Employment-Effects of Group Areas Act ...... Enrichment of foodstuffs Entertainment-places of. Effects of recent legislation. Equity Ethnic grouping Evaton External Affairs Eye diseases Farm Labour...... Farming in the reserves Flag-National Food-Enrichment of -Subsidies "Foreign" Africans Fort Hare ...... Freedom Charter Pages 149 184,196 191 188 189 181 96, 97 216 27, 95 222 88, 89, 90, 126 124 35, 238 213 ...... 63, 64, 174 ...... 143 ...... 48 ...... 216 ...... 215 ...... 72 199, 200, 202, 203, 205, 207, 208 ...... 41 G Garment Workers' Union Gereformeerde Kerk in S.A...... Germiston-Cost-of-living -Group areas -Housing ...... -Population...... Ghana Graaff-Sir de V. Grahamstown-Group Areas -Joint Council Groblersdal *.. Group Areas Act, No. 77/1957 Amendment Act, No. 57/1957 Board-proposals initiated by itself Population registration ...... 153 210 170, 171 112 124, 125, 128, 243 38 35, 238 2 114 34, 115, 219 III 100 27, 94 100 40, 98 Herbalists...... Hoernle Memorial Lecture Hospital services Hospitals-Effects of Native Laws Amendment Act...... Hostels for Africans

A SURVEY OF RACE Housing Act, No. 10/1957 ...... -African. Control of -Assisted...... -Funds ...... -Means test for assisted schemes -Progress with...... -Site-and-service schemes Hybrid Bill Pages 117 118 121 118, 123 120,121, 126 124, 243 127 203, 204, 207 Immigration .....151 Immorality Act, No. 23/1957 ...232 Incomes-see Cost-of-living Indian areas in Johannesburg ...... 105,108 Congress of S.A...... 7 (Also see Congress Group) franchise 3 Indians-Deportation of'" ...... 51 -Education ...... 190 -Employment of Whites ...... 97, 98, 156 -Housing ...... 127 -Racial classification ...... 40, 98, 100 -Treatment of. United Nations debate ...... 235 (Also see Asians) Industrial Conciliation Act ...... 152 development in and near the reserves ...... 144, 180 in urban areas ...... 116, 180 Tribunal ...... 152, 155 Influx control ...... 52, 54, 60 Institute of Administrators of Non-European Affairs .... 52, 64 Institute of Race Relations: Attitude to recent legislation ...... 12, 14, 15, 16 Warning issued to people of South Africa ...... 11 (Also see various subject headings) Insurance companies-Africans ...... 84, 92 Interdenominational African Ministers' Federation- .. .. 10,138,141 Conferences International Court of Justice ...... 236 Inter-racial conferencessee Interdenominational, National Convention, Tomlinson, Native Laws Amendment Bill. Inter-racial meetings and conferences ...... 12, 18, 29, 35, 76 Isaacson Foundation Bursary Fund ...... 208 Izicaza ...... 89, 230 Jan H. Hofmeyr School of Social Work...... Johannesburg-Cost-of-living -Housing...... -Group areas -Passes for women -Population -Riots in African areas ...... -Social Welfare Department -Transport services Junior Certificate course in African schools Juvenile delinquency 195 166-170 122, 124, 125, 243 101-108 69 38 86, 87, 88 93 128, 140 187 229

RELATIONS: 1956-57 Keet-Professor B. B...... Kimberley-Housing ,, -Population ...... Kroonstad ...... Krugersdorp-Cost-of-living...... -Group areas...... -Housing...... Labour Board-Native...... -Classes of work for which Africans may register Party policy -Reservation of work -Shortage of -Skills Tenants Lady Selborne...... Land purchase by the S.A. Native Trust ...... rights in the reserves ...... settlement-Coloured people Legislation of 1956 ,, of 1957-see end of Table of Contents Leper institutions Liberal Party Libraries...... Lichtenburg Liquor Literacy Literature-see Publications Local authorities-control of Africans .. Local Government-Transvaal Locations- entry of Europeans in the Sky (Also see Urban, Influx) Lydenburg Mamathola tribe Manpower-see Labour Manufacturing-employment (Also see Industrial) Marquard-Mr. L...... Meadowlands...... Medical and Dental Council Association of S.A. practitioners Meetings-control of (Also see Interdenominational, National Convention, Tomlinson, Native Laws Amendment Bill) Mental health...... Methodist Church...... Mining-employment Pages 9 126, 127, 246 38 126, 247 166 Ill 125, 244 161 157 ., 5 152, 155, 178 .. 151, 181 176, 181, 182 174 125, 132 146 145 50 13 212 4, 30, 32 191,221 67 227, 231 209 52 92 76, 178 116 ..111 146 175 13, 16, 17 69, 106, 124, 243 202 202 183, 202, 206, 208, 215 76 212, 214 23 179 253

254 A Si Moiloa's Location ...... Mothertongue education Motor Carrier Transportation Act .. , AmendmentAct, No. 52/1957 Multi-racial conferences-see Inter racial Municipal service-employment ...... Museums Music Natal Medical School National Anthem and Flag...... Convention Council of Women of S.A...... Democratic Party...... Institute for Personnel Research ...... Party policy Union of S.A. Students Native Labour Board ,, Laws Amendment Act, No. 36/1957 Laws Further Amendment Act, No. 79/1957 Services Levy-see Services Transport Services Act, No. 53/1957 Natives Prohibition of Interdicts Act...... (Also see Africans, Bantu) Naturalization of Africans Nederduits Hervormde Kerk ...... Nederduitse Gereformeerde Kerk...... Nelspruit ...... Newclare riots...... Night schools Nursing Act, No. 69/1957 profession-apartheid in .. -employment in Nylstroom ...... URVEY OF RACE Pages 68, 74 190 139 134 92, 183 220 222 199, 200, 202, 205, 206 48 32,33,72,207 184, 216 .. . 1 32, 198, 201, 208 161 12, 15, 17, 38, 52, 54, 76, 123, 125, 127, 157, 178, 184 61,66,72,174 137 13, 60, 146 73 210 11, 19, 20, 24, 210, 213 69 86 .25, 210 157 157 159, 183, 184, 212 ...... 111 0 Occupation of land in the reserves ...... , premises-Effects of Group Areas Act Official languages-Use of by local authorities Old age pensions P Paarl...... Painting Parallel medium schools ...... Pass law offences 145 27, 95 93 217 114 221 190 63, 227

RELATIONS: 1956-57 Pages Passes for Africans-see Influx and Reference Passports...... Penal Reform League of S.A. Pensions for Africans Periodicals for Non- Europeans Personal service-employment Pietermaritzburg-Housing -Population Pietersburg Playing fields ...... Police action ...... force-Establishment of Poliomyelitis ...... Population registration Port size of ...... Port Elizabeth-Cost-of-living -Dockworkers -Housing .. -Population...... -Transport Poverty datum line-see Cost-of-living Presbyterian Church Pretoria-Cost-of-living...... -Housing ...... -Joint Council...... -Population -Rentals of African houses -Transport services -Vlakfontein riot Prisons ...... Prisons and Reformatories Amendment Act, No. 4/1957 Professions-employment in...... Public Bodies (Language) Draft Ordinance...... ,, Service-employment in Publications-Bureau of Literacy and Literature -Institute of Race Relations ...... -Non-European writers...... -Others dealing with race relations -Undesirable Putco Queenstown Racial classifications-Group Areas Act -Population Registration policies in the Union-United Nations' debate Railway Construction Act, No. 49/1957 ...... ,, transport services for Africans Railways and Harbours-employment in ...... Randfontein-Group areas ,, -Housing...... Rathebe-Mr. J. R. Recreation...... 126,246 39, 98, 100 39 234 128 126, 128 182 .. . 111 245 106 219 45 224 177, 183, 217 221 96,97, 184 128, 247 38 67 219 132, 135, 182, 228, 231 182 214 39 38 170 161 125, 126, 127, 246 38 139 11 122, 168, 169 122, 125, 245 123, 131 38 122 129-139 86 223, 225 223 178, 183 93 181 209 240 221 221,240 46 128

A SURVEY OF RACE PageS Reference books-Africans -for women -offences against regulations ...... Religions of population Reservation of work Reserves-Development of Restaurants-Effects of Group Areas Act...... Riotous Assemblies Act ...... Riots and disturbances ...... (Also see Treason trials, reference books for women) Roman Catholic-see Catholic Roodepoort/Maraisburg-Group areas ...... -Housing ...... -Pensions for Africans Rural villages...... "Russians" Rustenburg-Group areas S Sasolburg...... School boards...... feeding...... funds Schools-Effects of Native Land Amendment Act Secondary industry-employment in...... (Also see Industrial) Sekhukhuni tribe Senate plan of United Party...... Separate Representation of Voters Repeal Bill Separate University Education Bill ...... Services Levy Fund...... Simon's Town...... Site-and-service schemes ...... Skills of workers Social inter-racial contact-see Inter-racial Services Association of S.A ...... workers-training of...... Society of Friends Soil conservation in the reserves ...... South African Bureau of Racial Affairs Institute of Race Relations-see Institute Red Cross Society ...... Temperance Alliance South-West Africa...... Springs-Cost-of-living...... -Housing...... So -Population Sport...... Standerton State-aided Institutions Amendment Act, No. 46/1957 Strikes by Africans...... Subsidies on food Suppression of Communism...... 54, 57, 61 61, 66, 70 62, 227 39 152, 155, 178 141 27, 95 7,45 86 125, 244 183 58, 144 72, 86, 104 115 180 1, 186 192 186 25 175 74 .. 3 49 199 124, 129, 134, 137 245 127 176, 181, 182 226 195 *. 9 143 10, 141,210 33 32 236 166, 168 126, 244 38 219 68 220 161 215 7,45 256

RELATIONS: 1956-57 Taxation of Africans Taxi services Tea rooms-Effects of Group Areas Act Teacher training Teachers-employment ...... Technical training ...... ,, of prisoners ...... Theatre Theatres-Effects of Group Areas Act Tomlinson Report...... Institute of Race Relations Financing of scheme Trade Unions ...... Traders-African Transkei-Bantu authorities ...... Transport services for Africans ...... Transvaal Agricultural Union ...... Local Government Commission "Treason Trials" Tribal authorities levies ...... Tribes-Removal of ...... Tsotsis Tuberculosis findings U Uitenhage "Undesirable" Africans in urban areas Undesirable Literature...... Unemployment Insurance Amendment Act, No. 9/1957 Union of S.A. Artists United Nations Party policy Universities-Enrolment -Separate University Education ...... Urban areas-Control of Africans in Values of properties in group areas Vanderbijl Park Van Wyk-Mr. F. J...... Vereeniging-Cost-of-living -Group areas . -Housing ...... -Passes for women -Population Violence ...... Visas...... Vlakfontein Vocational training Pages 81, 168 140 27, 95 187, 209 192 .. 188, 193 226 222 27,95 141 142 142 154, 156, 162, 172, 181 178 . 8 0 126, 128, 139 174 92 7,41 77 78, 83 146 89, 229 212,213 246 57, 58 46 216 222 233 2,6 196 196 52 102 111, 112, 245 16 168, 169, 170 126,245 71 38 228 45 86, 125, 245 188 189 193 257 ...... A SURVEY OF RACE RELATIONS: 1956-57 W Wage Act, No. 5/1957 ,, Board ...... Wages of Africans (Also see Cost-of-living) Wassenaar-Dr. T. Welfare organizations-effects of recent legislation Western Areas, Johannesburg-Group areas -Permits to live there.. Province-see Cape Whyte Mr. Quintin Wilgespruit Witchcraft Suppression Act, 2/1957 ...... Worcester...... Pages 162 162, 163, 173 138, 166-171 172, 173 33, 36, 77 102 69 13, 15, 16, 90, 138, 172 11 84 246 Youth camps for African juveniles 58,.226 .. . 58, 226