A survey of race relations in South Africa: 1962

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Author/Creator Horrell, Muriel Publisher South African Institute of Race Relations, Johannesburg Date 1963 Resource type Reports Language English Subject Coverage (spatial) South Africa, South Africa, South Africa, South Africa, South Africa, Namibia Coverage (temporal) 1962 Source EG Malherbe Library Description A survey of race relations in South Africa in 1962 and includes chapters on: Policies and attitudes: Unrest and measures for Government control of this; Sabotage in South Africa; General Law Amendment Act No 76 of 1962; Opposition to the General Law Amendment Act; General Law Amendment Act; Action taken under the General Law Amendment Act; General Law Further Amendment Act No 93 of 1962; Strengthening of Defence Department; Control of publications and entertainments; The population and its registration; Immorality; The African Reserves; Other African affairs; Coloured and Asian affairs; Liquor; Group areas and housing; Employment; Education; Health and nutrition; Welfare; Recreation; External affairs; Legislation of 1962. Format extent 267 pages (length/size)

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http://www.aluka.org ______ONE RAND FIFTY CENTS

SO T ARIA

Compiled by MURIEL HORRELL

SOUTH AFRICAN INSTITUTE OF RACE RELATIONS A SURVEY OF

RACE RELATIONS

IN SOUTH AFRICA 1962

Compiled by

MURIEL HORRELL

Research Officer South African Institute of Race Relations

I

SOUTH AFRICAN INSTITUTE OF RACE RELATIONS P.O. Box 97 JOHANNESBURG 1963 ACKNOWLEDGEMENTS The writer's great appreciation is expressed to Mr. Leo Marquard, who read the entire manuscript and made valuable suggestions for its improvement. Grateful thanks are extended, too, to Miss B. Adams, who did the typing; Mr. J. Love and Mrs. A. Honeywill, who checked the proofs; the staff of the Institute's library; the many others who supplied information on a variety of subjects; and the staff of the Natal Witness (Pty) Limited. MURIEL HORRELL.

NOTE ON PERIOD COVERED This Survey is stated to be for the year 1962. As it was wished to have it published early in January 1963. however, it was impos sible to include events that occurred during the last few weeks of the year. Some of these are mentioned briefly in an addendum, and reports on the rest will be made in the next issue. CONTENTS

Page POLICIES AND ATTITUDES Political parties: Parties with White membership ...... The Progressive and Liberal Parties ...... 2 Coloured and Indian organizations ...... 2 African organizations ...... 3 Congress of Democrats ...... 4 The Churches: The trial of Professor Geyser ...... 4 "Pro V eritate" ...... 5 Other work by the churches ...... 6 S.A. Institute of Race Relations: Council meetings, 1961 ...... Proposed conference on "Human Relations and Com munication Today" ...... 8 Other activities of the Institute ...... 10 S.A. Bureau of Racial Affairs ......

UNREST, AND MEASURES FOR GOVERNMENT CONTROL OF THIS Aftermath of disturbances during 1960 and 1961: Claims for compensation ...... IlI T he T ranskei ...... 12 W arm baths ...... 13 Port Elizabeth ...... - 13 O ther trials ...... - 13 Further disturbances: The Transkei ...... 14 L anga ...... 14 R ustenburg area ...... 15 Dethunie location ...... 15 P a a rl ...... 16 Control of entry into African rural areas ...... 16 Banishment of Africans: Detention of Mr. Anderson Ganyile and others ...... 17 Detention of Mr. Mdingi ...... 19 Banishment orders in force ...... 19 African exiles in other territories ...... 2 1 Passports and visas ...... 2 2 Banning orders ...... 2 3 iv A SURVEY OF RACE Page SABOTAGE IN SOUTH AFRICA ...... 25 GENERAL LAW AMENDMENT ACT, No. 76 of 1962 O bjects ...... 26 Sabotage ...... 27 Emergency regulations ...... 31 Banning of organizations ...... 31 Listed and banned persons: Attendance at gatherings 32. Blanket prohibitions on mein bership of organizations 33, May he required to report regularly to the police 34, Change of residence or of employ mient 34, Namnes can be removed from the list 34, Publication of names 35. Restrictions on movement, and "house arrest" - 35 Detention without any charge having been proved ...... 36 Prohibition of gatherings or of attendance thereat ...... 36 N ewspapers ...... 37 Publication of statements by banned persons ...... 38 Presumptions relating to absence from the Republic ...... 39 Offences and penalties ...... 39 OPPOSITION TO TIlE GENERAL LAW AMENDMENT ACT Political parties ...... 40 Other bodies: General Bar Council 41, International Commission of Jurists 42, Black Sash 42, Public protests 43, The Churches 43. Institute of Race Relations 45. ACTION TAKEN UNDER THE GENERAL LAW AMENDMENT ACT Removal of names from the list ...... 46 Persons whose speeches or writings may not be published ...... 46 Banning of the Congress of Democrats ...... 48 Banning of meetings on the Johannesburg City Hall steps ...... 48 Orders served on Mrs. Helen Joseph ...... 48 Appearances in court of Mr. Mandela and Mr. Sisulu ...... 49 Ban on protest meetings ...... 50 Further "house arrest" orders ...... 51 M r. M andela's trial ...... 52 Publication of names of "listed" communists ...... 53 Further instances of sabotage ...... 53 GENERAL LAW FURTHER AMENDMENT ACT, No. 93 of 1962 Term s of the Act ...... 55 The painting of new slogans ...... 55 STRENGTHENING OF DEFENCE DEPARTMENT Budget Speech ...... 56 Speech by Minister of Defence ...... 56 Nationalist Press comment ...... 57 Remarks by the Prime Minister ...... 57 Statement by the Institute of Race Relations ...... 57 RELATIONS: 1962 Page CONTROL OF PUBLICATIONS AND ENTERTAINMENTS Press code of the S.A. Newspaper Press Union ...... Publications and Entertainments Bill: Publications 60, Films 61. Public entertainments 62, Penalties for oftences 62. Recent decisions in regard to publications ......

THE POPULATION AND ITS REGISTRATION Preliminary results of 1960 census ...... 64 Progress of population registration ...... 65 Appeals against race classification ...... 65 Birth and m arriage certificates ...... 66 Borderline cases ...... 66 Classification of Japanese persons ...... 68 Classification of Chinese persons ...... 69 T he Song case ...... 69 Population Registration Amendment Act, No. 61 of 1962 ... 70 Proof of acceptance now required ...... 72 Electoral Laws Amendment Act, No. 72 of 1962 ...... 72

IMMORALITY Cases of hardship under the Immorality Act ...... 73 Prosecutions and convictions under the Immorality Act ...... 74 Immorality Amendment Bill ...... 74

THE AFRICAN RESERVES Deliberations of the Council of the Institute of Race Relations 75 The Prime Minister's views on the future of South Africa ...... 76 Self-government to be granted to the Transkei ...... 77 Boundaries of the Reserves ...... 78 Towns in the Transkei ...... 79 Statement by the Institute of Race Relations ...... 79 Developments in the Transkei: Proceedings of the recess committee of the Transkeian Territorial Authority ...... 80 Meeting of the Territorial Authority ...... 81 The draft constitution ...... 84 People of Xhosa origin living outside the Transkei ...... 85 Coloured and White people in the Transkei ...... 86 Bantu authorities in the Transkei ...... 87 Training of African administrators ...... 88 The administration of other African areas: T he C iskei ...... 88 W estern areas ...... 89 Free State ...... 89 N orthern areas ...... 90 Natal ... 91 A SURVEY OF RACE Page Total numbers of Bantu Authorities ... 93 The High Commission Territories ... 93 The extent of the Reserves ...... 95 Five-year development plan ...... 96 Expenditure for the current year ... 97 Agricultural development: Betternient schemes 98, Laud h oldings 98, Irrigation 99, Crops and slock 99. Industrial and mining development in the Reserves 101 Commercial development ...... 102 Register of urban Africans possessing various skills 104 Rural villages ...... 104 Border industries ...... 106

OTHER AFRICAN AFFAIRS Urban Bantu Councils ..... 109 Influx control and the "pass laws": Convictions under the "pass laws"...... 109 Proposal to remove Africans from the Western Cape ...... 110 Proposal that the Southern Transvaal be treated as one unit 111 Fully urbanized Africans in and around Johannesburg ...... Il African women in urban areas ...... 112 Employment of "foreign" Africans ...... 113 Tanganyikans and Nyasas ...... 114 "Basket-makers of Korsten" ...... 115 Arrests of politicians from the High Commission Territories 11 5 Control of influx of Africans from the High Commission Territories ...... 115 The legal status of African women: Registration of customary unions ...... 116 Compensation for African widows ...... 117 Taxation of Africans: Native Laws Amendment Act, No. 46 of 1962 118 Taxes paid by Africans ...... 118

COLOURED AND ASIAN AFFAIRS The different "nations" in South Africa ... 119 Proposed Coloured "parliament" ...... 119 Indians to be regarded as permanent inhabitants ...... 120 Department of Indian Affairs ...... 120 Local governing bodies in Coloured and Asian group areas ... 122 Indian and Coloured Town Councillors ...... 125 Coloured Development Corporation Act, No. 4 of 1962 ...... 126 Coloured mission stations and reserves ...... 127 Legislation relating to Indians ...... 128 Register of Asiatics ...... 129 RELATIONS: 1962 Page LIQUOR Liquor Amendment Act, No. 72 of 1961 ...... 130 Bantu Beer Act, No. 63 of 1962 ...... 130 Liquor Amendment Act, No. 89 of 1962 ...... 13 3 Action taken in terms of these laws ...... 134

GROUP AREAS AND HOUSING Group Areas Amendment Act, No. 49 of 1962 ...... 135 Regulations under the Group Areas Development Act ... 136 Policy in regard to Indians ...... 136 Prosecution of sporting body under Group Areas Act ... 137 Group areai for Whites, Coloured and Asians: Johannesburg 137, Vereeniging and Vanderbijlpark 143, East Rand 144, Pretoria 144, Other Transvaal towns 145, The Cape 146, Natal 147. Housing schemes for Africans: Accommodation available in the larger cities -...... 14 8 Housing schemes in progress ...... 149 U m lazi squatters ...... 150 A rrear rentals ...... I...... 150 Transport services ...... 152

EMPLOYMENT Reservation of work: Determinations in force at the end of 1961 ... 153 Determinations published in 1962 ...... 154 Investigations in progress ...... 15 5 Wages of unskilled workers: M inisterial policy ...... 156 Comments by Chairman of the Wage Board ...... 157 W age levels ...... 15 8 Benoni cost-of-living study ...... 160 Normal and provincial income taxes ...... 16 1 Trade unionism ...... 161 Employment in various sectors of the economy: Agriculture 163, Mining 165, Manufacturing and construction 166, Commerce 167, the Public Service 168, the Professions 169. Unemployment ...... 171 Shortage of skilled manpower ...... 173 EDUCATION National Education Advisory Council Act, No. 86 of 1962: Term s of the Act ...... 174 Opposition to the Bill ...... 175 Appointment of the Council ...... 176 Education Panel ...... 176 A SURVEY OF RACE Page Primary and secondary education for Africans: Bantu Education Account ...... 176 Per capita expenditure ...... 178 African participation in the control of schools 178 Special classes ...... 179 Mother-tongue instruction ...... 179 Exam ination results ...... - 18 1 Farm schools ...... 182 Educational statistics ...... 183 Disturbances at African schools ...... 18 3 A frican teachers ...... 184 Technical education for Africans ...... 186 Night schools and continuation classes for Africans 186 Schools for Coloured and Asian children: Control of their education ...... 188 Educational statistics ...... 190 Enrolment at universities ...... 195 Developments at the universities and colleges: U niversities ...... 196 University Colleges for Africans ...... 19 7 University Colleges for Coloured and Indians ...... 19 9 Bursaries ...... 200

HEALTH AND NUTRITION V ital statistics ...... 201 Malnutrition and deficiency diseases ...... 20 1 Recent drought and its effects ...... 203 Surpluses of foodstuffs ...... 204 Malnutrition relief work by the Government ...... 205 Work by local authorities and voluntary bodies ...... 1.. 2 06 Establishment of Kupugani ... 208

WELFARE Consolidating Acts...... 2 0 9 New rates for social pensions . 209 Social pensioners ... 210

RECREATION T he arts ...... 2 1 1 Equity resolution ...... 2 12 African school library scheme ...... 2 12 Sport: The Government's views on inter-racial sport ...... South Africa's representation on the International Olympic C om m ittee ...... Athletics ...... So ccer ...... Result of prosecution under the Group Areas Act ...... RELATIONS: 1962 Page Rugby ...... 2 19 Cricket ...... 2 20 Boxing ...... -...... 2 2 0 G olf ...... 2 2 1 Tennis ...... 2 2 2 Swimming ...... 222 Softball ...... 2 2 3 H ockey ...... 2 2 4 Motor racing ...... 2 2 4 Holiday resorts and facilities ...... 2 2 4

EXTERNAL AFFAIRS Movement to and from the High Commission Territories ...... Political refugees from South Africa ...... South African membership of international organizations ...... Political and economic boycotts ...... United Nations' consideration of South Africa's racial policies ... South-West Africa: D evelopm ent plans ...... Proceedings at the International Court of Justice ...... Appointment of new United Nations' Committee ...... Visit of Mr. Carpio and Dr. de Alva ...... Subsequent statements by Mr. Carpio and Dr. de Alva ... Decisions by the United Nations .....

ADDENDUM P aarl riots ...... General Law Amendment Act: further statements by the Institute of Race Relations ...... Further instances of sabotage ...... H ouse arrests ...... Further bans on persons ...... Banning of "New Age" ...... Further prosecutions of newspapermen ...... Group areas on the East Rand ...... SOME RECENT PUBLICATIONS ON ASPECTS OF RACE RELATIONS IN SOUTH AFRICA ......

IN D E X ...... LEGISLATION OF 1962

Bantu Beer Act, No. 63 of 1962 ...... 130 Blind Persons Act, No 39 ...... 209 Coloured Development Corporation Act, No. 4 ...... 126 Disability Grants Act, No. 41 ...... 209 Electoral Laws Amendment Act, No. 72 ...... 72 General Law Amendment Act, No. 76 ...... 26 General Law Further Amendment Act, No. 93 ...... 55 Group Areas Amendment Act, No. 49 ...... 122, 135 Immorality Amendment Bill ...... 74 Liquor Amendment Act, No. 89 ...... 133 National Education Advisory Council Act, No. 86 ...... 174 Native Law Amendment Act, No. 46 ...... 88, 95, 103, 116, 118 Old Age Pensions Act, No. 38 ...... 209 Population Registration Amendment Act, No. 61 ...... 70 Publications and Entertainments Bill ...... 59 War Veterans' Pensions Act. No. 40 ...... 209 POLICIES AND ATTITUDES

POLITICAL PARTIES

Parties with White membership

The policies of the main political parties, White, mixed and Non-White, were summarized in last year's Survey, as were the results of the general election held in October 1961. It would appear that since that date White opinion as expressed in elections has tended to swing to the right. The general trend, at Parliamentary and provincial by-elections and municipal elections, has been that the Nationalists gained at the expense of the United Party, while the United Party did so at the expense of the Progressives. South Africa has, during the past year, experienced some of the practical effects of overseas antagonism to its racial policies. Economic implications of the loss of Commonwealth membership are beginning to become clearer, and valuable cultural and sport ing links with world organizations are being threatened, and in a few cases have been lost. But it would seem that, in spite of this, White South Africans are increasingly determined not to surrender their traditional position of privilege, nor to accept the possibility that the majority of voters may at some time in the future be Black. The Government has taken various steps to strengthen its control of the situation: far larger sums are being spent on internal security, and laws such as the "Sabotage Act" have been passed. At the same time Dr. Verwoerd's plans for granting a measure of self-government to the Transkei and promoting the development of other African areas have been more specifically explained. The policy of separate Coloured and Asian administration, in which Coloured and Asian people would have more control, has been expounded but not clearly defined. The National Union Party has almost completely disintegrated. In terms of the general election agreement its leaders, the Hon. H. A. Fagan and Mr. J. D. du P. Basson, were given safe United Party seats in the Senate and House of Assembly respectively. Both of them subsequently joined the United Party, as did some of their followers. Others left to join the Progressive Party. A SURVEY OF RACE The Progressive and Liberal Parties

At its national congress. held in August, the Progressive Party adopted a plan for a federal constitution for South Africa, in which defined human rights and fundamental freedoms for all would be entrenched. The provinces would enjoy sovereign powers in their own spheres, through bi-cameral provincial legislatures. Numbers of Non-White persons who qualify for the suggested common "A" or "B" rolls have joined this Party('). The Liberal Party, which considers that all adult persons should have the franchise on a common roll, has probably re cruited a larger number of Non-White members than have the Progressives.

Coloured and Indian organizations

The Coloured National Convention set up at the Malmesbury conference in 1961( ) continues in being, but has engaged in few public activities during the year under review. Nor have the Coloured People's Congress (which associated itself with the con vention movement) or smaller organizations such as the conserva tive Kleurlingbond and Coloured People's National Union and the ultra-left-wing Non-European Unity Movement. The Coloured National Convention probably commands greater support than does a new organization, the Coloured People's Organization, formed early in 1962 on the initiative of Mr. R. Fortuin, a leading member of the government-created Union Council for Coloured Affairs, and Mr. M. W. Holland, a United Party member who represents Coloured voters in the Assembly3 ). This organization was set up with the object of calling periodic conferences of the many small Coloured bodies such as ratepayers' associations and vigilance societies. At its meeting in January 1962 the Coloured Ex-Servicemen's Legion decided that it would no longer give official support to the National Convention movement, although members were free to do so as individuals if they wished. The Legion rejected the Government's plans for "Colouredstans"'4 ). The Government Department of Indian Affairs, created in September 1961, has gained the support of certain leaders of the S.A. Indian Organization but is opposed by the S.A. Indian Con gress. As with the Coloured people, large numbers of Indians have no political affiliation.

(1) See 1959-60 Survey, page 14, for the qualifications required. (2) See 1961 Survey, page 23. (3) See 1961 Survey, page 25. for the attitude of Coloured voters to the e'ection of Parliamentary representatives. (4) Rand Daily Mail reports, 4 and 6 January 1962. RELATIONS: 1962 3 African organizations

During March 1962 the Government extended the ban on the African National Congress and the Pan-African Congress for a further period of twelve months5 ). These bodies continue to operate underground. During the trial of Mr. Richard Galela, one of many who have been prosecuted for continuing the activities of a banned organization, the regional magistrate said that the Pan-African Congress was operating under the camouflage name of Poqo. Mr. Galela was sentenced to eighteen months' imprison ment(6O. This organization Poqo was mentioned, without conclusive evidence, in a trial of Africans working on a farm in Stellenbosch. It was recorded in last year's Survey7 that Mr. Duma Nokwe and twelve other African men who had helped to plan the All-In African Conference held in March 1961 were arrested and prose cuted, under the Suppression of Communism Act and the Unlawful Organizations Act, on a charge of having promoted the aims of the banned African National Congress. One of the accused estreated bail and fled the country. The rest were tried in the Johannesburg Regional Court, found guilty, and each sentenced to twelve months' imprisonment. They were allowed out on bail pending appeal. Their appeal was heard in the Transvaal Supreme Court during April 1962, and was upheld. The judge, Mr. Justice Trollip, said that there were probably many organizations in the country whose objects were similar to some of those of the African National Congress. The All-In Conference was one of these. But this did not mean that it was assisting the A.N.C. in the achieve ment of any of its objects. The A.N.C. had been banned, not because of its aims, but because its actual activities in trying to achieve these aims were considered to constitute a danger to public order and safety. It could not be said that the All-In Conference had promoted or had tried to revive the A.N.C. as such"5 ). The State was granted leave to appeal against this judgment to the Appellate Division, but eventually decided not to do so(9). At the All-In Conference, which was held despite the arrest of these men, a National Action Committee was elected, which planned demonstrations at the end of May 1961, to reinforce a demand for a national convention. As was described in last year's Survey1 ), it was announced that Mr. Nelson Mandela was secre tary of the committee, but the names of other members were kept secret. Mr. Mandela led an underground existence to avoid the police.

(5) Proclamation 67 of 30 March 1962, (6) Star, 23 August 1962. (7) Pages 28 and 40. (8) From full report given in Race Relations News, April 1962. (9) Rand Daily Mail, 2 October 1962. (10) Page 31. A SURVEY OF RACE After the demonstrations a warrant was issued for his arrest, but for more than a year he eluded the authorities and led the underground A.N.C. He was known amongst many people as "the Black Pimpernel". Eventually, in August 1962, he was arrested: according to a Press report 1 it was suspected that he had been betrayed by a member of a pro-Communist group that was making a bid to gain control of the organization. His trial is described later. A few days after his arrest Mr. Mandela was elected honorary president of the Transvaal Indian Youth Congress-the first non Indian to hold this position. A business organization called the Bantu Federation of South Africa, which runs bus services and hopes to set up financial institutions, is a supporter of the apartheid policy(').

Congress of Democrats

As will be mentioned in a subsequent chapter, the White organization known as the Congress of Democrats, which had for some years associated itself with the A.N.C. and other members of the Congress Group, was banned during September 1962.

THE CHURCHES

The trial of Professor Geyser

An account was given last year('") of the publication of Delayed Action by eleven leading theologians of the three Dutch Reformed Churches, in which they denounced race discrimination and called for a new outlook on South African racial attitudes. Two of the authors were Professor A. S. Geyser and Professor A. van Selms of the Nederduitsch Hervormde Church (N.H.). At a subsequent Synod meeting these men moved that an article of the Church's principles which states that membership shall be confined to Whites should be tested according to the Scriptures. They were heavily outvoted. A motion was passed calling upon church members to abide by the church law as it stood, and to refrain from criticising it outside church meetings. Professor Geyser refused to give an undertaking to comply. He was Professor of New Testament Theology at the Univer sity of Pretoria, a post subsidized by the N.H. Church. During September 1961 three of his students accused him of heresy against the Church's doctrines and of failing to comply with the terms of

(11)Sunday Times, 12 August 1962. (12) World, 10 July 1962. (13) 1961 Survey, pages 68-70. RELATIONS: 1962 5 the resolution mentioned above. Professor Geyser was summoned before a Synodal Commission to answer these charges. His trial dragged on until May 1962: on five occasions he protested against the conduct of proceedings. Eventually he was found guilty on one of three charges of heresy, but acquitted on the charge of failing to observe the order prohibiting criticism of church law outside church meetings: the commission stated that this charge had not been proved, but there were strong indications of guilt. Professor Geyser was then deposed as a minister of the N.H. KerkV' ) and his post at the University of Pretoria was obviously threatened. Two weeks after the verdict he was appointed to a newly-created Chair of Divinity at the University of the Witwatersrand. He decided to contest the commission's findings in the courts of law. The trial caused a deep rift between the N.H. Church and its "mother-church" in Holland. A few days after the verdict Professor van Selms resigned from his position as lecturer in the theological faculty at the University of Pretoria, but will continue to be head of the Depart ment of Semitic Languages there (an Arts Faculty appointment). He is reported05) to have said in his letter of resignation that conscience forbade him to allow any human being to dictate to him what the Divine Word meant. He is also reported to have stated that, in the verdict in Professor Geyser's case, all mention of the colour bar in the church had been carefully avoided in order to give the impression that the dispute had related to theological matters only. Later, during September, Dr. C. Labuschagne, who had supported Professor Geyser, was dismissed as lecturer in the Pretoria Theological Faculty. He will continue to be senior lecturer in Semitic languages, a post which is not subsidized by N.H. Church 6 ).

"Pro Veritate"

In May 1962 a group of ministers of various churches, includ ing the three Dutch Reformed Churches, launched a new Christian monthly magazine named Pro Veritate, with the aim of approach ing and discussing vital problems of the church and the com munity in the light of the Scriptures, and of fostering a deeper unity in fellowship. The editor is the Rev. C. F. Beyers Naude, acting moderator of the Southern Transvaal Synod of the Nederduitse

(14) Star, 10 May 1962. (15) Rand Daily Mail, 16 May 1962. (16) Sunday Times, 30 September 1962. A SURVEY OF RACE Gereformeerde Church. Among the members of the editorial board are a Coloured and an African minister. This venture has met with considerable opposition from the more conservative members of the Dutch Reformed Churches and sections of the Afrikaans Press.

Other work by the Churches During the past year the churches have continued their efforts to foster greater unity and to promote better race relations. Much quiet, steady work has been done through meetings convened by the World Council of Churches and the South African Christian Council, and at local discussion groups in many centres. A few matters are especially noteworthy. The Methodist Church has published two further pamphlets in its series on race relations. In one of these, issued in March, it set out six reasons why it rejects a policy whicb claims to be "the traditional South African way of life"-apartheid. One of the reasons is that this policy "over-emphasizes a man's race or colour as against his moral condition, and stresses his supposed inherent racial characteristics at the expense of his essential worth' 7). In the next pamphlet, issued in September, the Church declared its determination to encourage multi-racial worship and fellowship and to work for the eradication of all racial discrimination as soon as possible. It announced that Church offices will be open to all who are capable of filling them' 8 ). The General Assembly of the Presbyterian Church has passed a resolution urging ministers and congregations to increase their inter-racial contacts and to organize conferences on a multi-racial basis"'). A Presbyterian minister in the Eastern Cape has started a multi-racial church society2-' ). On 12 October 1962 the five federated synods of the Neder duitse Gereformeerde Church united into one body after a hundred years of division. The Rev. A. J. van der Merwe was elected the first Moderator of the General Synod. For some seventeen years previously he had been Moderator of the Church in the Cape. It was reported later in October21) that the Rt. Rev. E. G. Knapp-Fisher, Anglican Bishop of Pretoria, had expressed concern over the fact that Mrs. Helen Joseph had been confined to "house arrest" without being given any opportunity of defending herself in court. This matter is described later. The Minister of Transport advised the Bishop "to keep his nose out of politics and, like a cobbler, to stick to his last".

(1) See Race Relations News, April 1962. (1) Rand Daily Mail, 19 September 1962. (19) Ibid. 20 Sep'ember. (20)Race Re'ations News, June. (21) Star. 20 October. RELATIONS: 1962 7 Bishop Knapp-Fisher told a reporter that "the Christian's last is as wide as the world. The belief, reflected in Mr. Schoeman's speech, that Christians could and should be kept out of politics, or any other department of human life, is widespread but mistaken. "There is no warrant for such a view in the Bible. The Old Testament prophets were outspoken in judgment over the social and political life, fearlessly condemning what they considered in compatible with God's righteousness". Christians are not only heirs to this tradition, but should have concern for every situation in which human interests are involved. "To fail in this response would justify the taunt of non-Christians that religion is only a means of escape and a vague promise of future compensation for present ills", the Bishop said.

S.A. INSTITUTE OF RACE RELATIONS

Council meetings, January 1962

The 32nd annual Council meeting of the Institute of Race Relations was held in Port Elizabeth. The Presidential Address given by the Hon. 0. D. Schreiner and a review of recent trends and legislation given by the Director, Mr. Quintin Whyte, have both been published by the Institute 22). Other papers, and the findings on them, are described in subsequent chapters of this Survey. The findings on recent legislation were: In the context of the present state of the country, Council has examined the legislation of the past year, and the emergency regulations which have been applied in the Transkei. "While welcoming the removal of some aspects of racial discrimination by the Liquor Amendment Act, some beneficial but minor changes in social benefits provided by the State, and certain relaxations in the Group Areas Act, Council reaffirms its convic tion that the application of the Group Areas Act will continue to cause hardship and suffering. Moreover, Council deplores the assumption by the Government of further arbitrary powers, the ignoring of normally accepted processes of law, and the further invasion of the rights of individuals. Council is particularly dis tressed by the powers of arbitrary detention now exercised under the latest amendment to the Criminal Procedure Act of 1955 and under the emergency regulations in force in the Transkei. "Council records its profound disagreement with the use of legislation as a means of silencing political opponents.

(22) Realism in Race Relations, by the Hon. 0. D. Schreiner. and A Review of Recent and Proposed Legislation, by Quintin Whyte in Race Relations Journal Vol. XXIX No. 1, January-March 1962. A SURVEY OF RACE "Council notes that recent legislation is concerned not only with maintaining stricter control over citizen activities, but also with the entrenchment and enforcement of previous legislation discriminating between different racial groups. It regards with dismay this manifestation of inflexible resolve to divide and frag ment the Republic of South Africa. "Council believes that recent legislation has failed in what should be a major function of government, namely, the creation of peace and goodwill and the achievement of that practical co operation between various sections of the population which is fundamental to the building of a true South Africanism in which all can take pride. "Council records its conviction that the direct representation of Africans on local government bodies is essential for the har monious development of urban areas. It therefore finds the main constitutional provisions of the Urban Bantu Councils Act un acceptable in so far as they fail to provide for the government of an urban area as the single inter-dependent whole which it in reality constitutes. "Recent legislation of a far-reaching nature includes the estab lishment of the Republic of South Africa. Council deplores the fact that the Republic was established without consulting the Non White citizens of South Africa."

Proposed conference on "Human Relations and Communication To-day"

During 1961 and 1962 the Institute of Race Relations and the University of the Witwatersrand made plans for a conference, to be held in Johannesburg in January 1963, based on the theme "Human Relations and Communication To-day". The organizers stated, "The conference will enable South Africans to place the country's human problems into better perspective, and will give the outside world a greater understanding of the diversity of South Africans' creativeness and originality. Overseas delegates will take back to their countries a greater realization of the efforts being made in a variety of areas by all groups in South Africa to make South Africa a great country." The programme was divided into six main heads: inter national co-operation; social and political structures; science, technology and economic development; culture and communica tion; race and nationalism; and religion. Leading authorities from various countries were invited to give theme addresses, dealing with broad humanitarian and cultural issues; and then there would be section addresses by overseas and South African authorities and panel discussions during which local participants RELATIONS: 1962 9 would endeavour to interpret South African problems against the wide background and experience provided by the overseas visitors. No resolutions or findings were proposed. The State President was asked to be patron-in-chief, and 3,450 people and organizations were invited. At the end of April 1962, when much of the preliminary work had been done, including the sending out of invitations, Dr. Verwoerd suddenly announced the Government's "unequivocal opposition" to the conference and said he trusted "that the public of South Africa will be on guard against this attempt to subtly undermine its traditional way of life". The statement continued, "The reason for the Government's attitude is obvious. Under cover of allowing important and knowledgeable authorities to discuss various problems of human relationships, the objective is the most blatant propaganda against the Government's policy both in South Africa and in the world-and for the Liberal ideology .... "The conference was quite maliciously arranged as a multi racial one without any prior attempt to consult the Government, in spite of the possible problems that could arise ... It is a purposely organized attempt to drive a wedge to the benefit of multi-racialism . . ." No support would be forthcoming from the Government, Dr. Verwoerd announced23 ). In a Press release issued the following day( 4) the organizing committee said it felt that Dr. Verwoerd did not fully appreciate the true nature of the proposed conference, otherwise he would not have opposed it. His statement was regretted by the committee as a negation of the traditional way of South African life with its love of freedom. The committee believed that only by the free discussion of the human problems and difficulties present in any society could men find an acceptable way of living together. It expressed the hope that the Prime Minister would see in the conference a patriotic endeavour by loyal South Africans. Consideration of "race" problems occupied a minor part in the programme, the committee continued. It was not intended that speakers from overseas should criticise or indict South Africa or offer solutions for its problems. The Institute of Race Relations was independent of any political party, stood by its own analyses and judgments, and rejected the use of "propaganda" as alien to its nature and purposes. The allegation of "malicious intent" in convening the conference was similarly rejected. The committee decided to go ahead with its plans. In the belief that the Prime Minister's disapproval might flow from insufficient knowledge of the purpose and nature of the conference,

(23) Statement published in all main newspapers, 30 April 1962. (24) e.g. Star, 1 May. 10 A SURVEY OF RACE a deputation sought an interview in the hope that a full explana tion would enable him to modify his attitude. This interview was refused. Numbers of distinguished persons from overseas accepted invitations to attend the conference, including Dr. Herbert Blumer, director of the Institute of Social Studies, University of California; Professor K. A. Busia, a professor at The Hague and formerly of Ghana; Sir Kenneth Clark, British art historian; Sir John Cock croft, the British physicist; Father Y. M. J. Congar, a Roman Catholic theologian; Mr. Alioune Diop, director of Pr6sence Africaine, Paris; Lord Francis-Williams, British author and journalist; Professor Erwin N. Griswold, dean of the Law School, Harvard University; Professor Oscar Handlin, also of Harvard; Mr. Albert Hourani of Oxford, an expert on the Middle East; Mrs. Elspeth Huxley, the British writer; Miss Noni Jabavu, the African author now living in England; Dr. Clark Kerr, president of the University of California; Professor Otto Klineberg of Columbia University; Dr. Gardner Murphy of the Menninger Foundation in America; Dr. F. D. Patterson, president of the Phelps-Stokes Fund; and Miss S. Rama Rau, the Indian writer. Numbers of others accepted provisionally. On 26 July the organizers of the conference wrote to the Secretary for the Interior asking that necessary arrangements for issuing visas to the visitors should be facilitated. On 20 September the Secretary replied stating " . . In the light of the declared attitude of the Government ... the Department is not prepared to assist your Institute in the direction desired. The entry into the Republic of the persons detailed in the enclosure to your letter for the sole purpose of attending the proposed conference cannot therefore be approved ... Should any of the persons concerned wish to visit the Republic for some other purpose ... they would be welcome to do so. Naturally each application for entry into the Republic will be considered on merit." The organizers then decided to cancel the conference, for without the overseas speakers it would lose its main purpose and its international character.

Other activities of the Institute Other activities of the Institute of Race Relations during the year under review are outlined in appropriate chapters.

S.A. BUREAU OF RACIAL AFFAIRS As was described in last year's Survey25) Professor N. J. J. Olivier, who for twelve years had been vice-chairman of Sabra, (25) Page 79. RELATIONS: 1962 11 was anxious that this organization should remain an independent study-group, willing, if it thought right, to express views that were not in conformity with Government policies. At the meetings held in September 1961 he was defeated by a member who held con formist views. Those who agreed with Professor Olivier then with drew from the executive committee elections. During 1962 several prominent members have resigned, in cluding Mr. J. W. Germishuys, the Director; Professor P. J. Coertze, the Transvaal vice-chairman; and the secretaries in the Transvaal and Free State. At the annual meetings held in September 1962 speakers re-affirmed their belief in "total apartheid", including the removal of Africans from the Western Cape, a subject which is dealt with later.

UNREST AND MEASURES FOR GOVERNMENT CONTROL OF THIS

AFTERMATH OF DISTURBANCES DURING 1960 AND 1961

Claims for compensation

The disturbances that took place at Sharpeville and Langa during March 1960 and in Pondoland in 1960 and 1961 have been described in earlier volumes of this Survey' ). The Indemnity Act of 1961 protected the Government against actions for compensation in cases where persons had been killed or injured by the police; but in February 1961 a committee was set up to examine claims for compensation and to recommend the payment of ex gratia grants in deserving cases. The Minister of Justice said in the Assembly on 9 February 19622) that there had been 232 claims from persons in Sharpeville, 3 from Langa and 25 from Pondoland, amounting to a total of R1,026,034. Because of delays on the part of the claimants'

(1) 1959-60 Survey, pages 39-47 and 56-68. and 1961 Survey, pages 42-52. (2) Hansard 3 cols. 834-5. 12 A SURVEY OF RACE attorneys the committee had not completed its investigations. Later, on 29 May ('), he said that the committee's recommendations had been completed and referred to the Workmen's Compensation Commissioner for computation of the benefits payable. According to inquiries made by the writer during October, the Commissioner had by then completed this work, but no claims had yet been paid. Assistance to victims and their families has, however, been given by the voluntary Sharpeville Relief Fund, which is reported to have spent R43,000 in helping 950 families. Some of those who were wounded in the shooting that occurred required treatment for many months. It was only in June 1962, for instance, that it proved possible for Miss Miriam Lepee, whose leg was amputated, to be fitted with an artificial limb"4 ).

The Transkei

In reply to a question in the Assembly, the Deputy Minister of Bantu Administration and Development said in May05) that since 16 February 1960 there had been 281 people killed in the Transkei as the result of public violence, of whom 234 were killed in faction fights. Fifteen died as the result of police action, including a policeman who was involved in a motor accident. The Minister of Justice said on 9 March 6) that only two Africans were then in detention under the special regulations for the Transkei that had been gazetted during November 1960('). As was mentioned last year, special courts were set up in Kokstad to try people accused of offences during the 1960 and 1961 disturbances. According to the S.A. Defence and Aid Fund (a voluntary organization set up in 1960) by December 1961 there had been thirty Africans sentenced to death for murder. Nine of these subsequently lodged successful appeals. Five others, also found guilty of murder, received prison sentences for periods up to fifteen years. Thirty-eight people were convicted of arson, robbery or stock theft, some receiving suspended sentences and others terms of imprisonment of up to two years; and 101 were found guilty of incitement, holding unlawful gatherings or the unlawful collection of money. Their sentences ranged from three months to three years, with the option of a fine in some cases. About 434 persons accused of various offences were acquitted. No details were available about the many trials heard in other courts8).

(3) Hansard 5 col. 6673. (4) Star, 6 June 1962. (5) Hansard 16 cols. 5625-6. (6) Hansard 7 col. 1803. (7) See 1961 Survey, page 43. (8) "D and A". a quarterly News Letter, No. 2, October-December 1961. RELATIONS: 1962 13 Warmbaths A description was given last year of the rioting that took place in Warmbaths in April 1961(' ). The report of a one-man commis sion of enquiry was tabled in Parliament early in 1962. The Commissioner found that the Africans had justification for their grievances against the Location Superintendent; that the Advisory Board had not functioned effectively as a liaison between the Africans and the Town Council; and that the Chairman of the Non-European Affairs Committee, who attended Advisory Board meetings, had not referred complaints to the Council" ).

Port Elizabeth

The 53 Africans who were charged with public violence and contravention of provisions of the Unlawful Organizations Act, as a sequel to the death of a police officer in June 1961(" ), were all acquitted. The judge said that the State had not proved its case(").

Other trials

The Defence and Aid Fund has provided legal assistance for numbers of Africans charged with incitement, carrying on the activities of a banned organization, violence, or intimidation. That such defence is very necessary is shown by the fact that of 83 accused assisted by the Cape Town branch between September 1961 and April 1962, 78 were acquitted(3). Two Africans who were fined R400 with an alternative of twelve months' imprisonment had their sentences reduced to R4 on appeal(4 . A disquieting feature of these cases is that most of the people who were acquitted had spent twelve days in gaol in terms of a provision of the Criminal Procedure Act, as amended in 1961, which empowers an Attorney-General to direct that an arrested person shall not be released on bail or otherwise for twelve days if this is considered advisable in the interests of public safety or the maintenance of public order. Some of these men, subsequently found not guilty, had meanwhile lost their employment and were endorsed out of the town concerned when they were released.

(9) 1961 Survey, page 59. (10) Rand Daily Mail, 25 January. (11) 1961 Survey, page 60. (12) Rand Daily Mail, 31 January 1962. (13) Intormation from organization concerned. (14) Rand Daily Mail, 3 May. 14 A SURVEY OF RACE FURTHER DISTURBANCES

The Transkei

The terms of Proclamation R 400 of 1961, as amended, which laid down emergency regulations for the Transkei'" ), remain in force. The Deputy Minister of Bantu Administration and Develop ment said in February('") that they would be retained until the African leaders themselves asked for the repeal of the Proclamation. The Minister added(7) that the Bantu home guards, established to protect chiefs, had been issued with knobkerries and assegais. As will be described later, more Africans have been banished from the Transkei. In addition, various chiefs have ordered people to move from one place to another within the territory, in terms of powers granted them under the emergency regulations. The Deputy Minister said in May that Chief Kaiser Matanzima had instructed five men to move(8). According to Press reports(9 ), by January 1962 Chief Botha Sigcau had ordered five men and their families to leave their homes, and Chief Gangata has also made use of these powers. In some cases kraals have been demolished to force the people to move 2').

Langa

During March 1962 a party of policemen drove in a van to the scene of a meeting called in the Langa Township, Cape Town. An angry mob set upon the men as they alighted, killing an African sergeant, injuring five other policemen, and overturning and setting alight to the van. Some of the policemen escaped and summoned reinforcements, and various arrests were made 21). Later, in September, it was reported that clashes had taken place several nights running between two rival groups of Africans, one of which was an "underground terrorist organization led by former members of the Pan-African Congress". Its members were alleged to have been intimidating residents and demanding cash contributions of 25 cents. When the police investigated they were attacked by one of the groups. The police opened fire, killing one man and wounding two others. At least 133 arrests were made during the next few days, these men being charged with public violence and furthering the objects of a banned organization2").

(15) See 1961 Survey, page 43. (16) 2 February 1962, Assembly, Hansard 2 col. 502. (17) Hansard 3 col. 671. (18) Assembly, 4 May 1962, Hansard 14 col. 4956. (19) 4 January and 30 August. (20) World report. 12 July. (21) Star, 17 March and Rand Daily Mail, 18 March. (22) Star, 3 May and Rand Daily Mail, 5 May. RELATIONS: 1962 15 The majority of these men were, apparently, subsequently released by the police. On 14 November, 57 appeared in court on charges of furthering the objects of the banned Pan-African Congress and two counts of public violence. Of these, 51 were acquitted, the rest being found guilty on one of the charges of violence. They were sentenced to terms ol imprisonment ranging from 6 to 18 months. Notice of appeal was given.

Rustenburg area

There continues to be unrest at Mabieskraal in the Rustenburg area. Following opposition to the Bantu Authorities system the regent of the Batlhako tribe, Jeremiah Mabie, was deported in 1956, being replaced by Mogatle Mabie. Since then there has been much ill-feeling between the rival supporters of these two men. The Press reports(23 ) that the huts of some opponents of Bantu Authorities were set alight during May. According to a Ministerial statement (24 ) disturbances that occurred that month were caused by "the attach ment by the chief through his messengers of the property of a tribesman who failed to fulfil his obligations". Proclamation 225 of 21 September 1962 stated that because of disunity the Batlhako tribe was unable to adopt resolutions regard ing its contracts and liabilities. The Minister of Bantu Administra tion and Development was empowered to approve any contract entered into or liability incurred by the chief if he was satisfied that it was in the interests of the tribe, the Minister's decision to be deemed that of a majority of the adult males. This arrangement would be in force for a year, but the period could be extended. Clashes have taken place also in Mamogal's Reserve, in the same area. Press reports2(' ) state that Chief Mamogale bought a tractor for general use and imposed a levy to pay for it. When some tribesmen objected, the chief sent his messengers to take possession of property belonging to these men. Feelings ran high. About a hundred people gathered outside the chief's home to protest, stones were flung and four tribal policemen were injured. The South African police were then summoned. They arrested thirteen men, charging them with obstructing the chief; but these charges were subsequently withdrawn.

Dethunie location

During July there was a dispute in the Dethunie location, near Sibasa, following the deposition of one of his headmen by a

(23) 24 May. (24) Senate, 8 June 1962, Hansard 17 co!. 4843. (25) Rand Daily Mail, 27 February and 24 March. 16 A SURVEY OF RACE Bavenda chief, Mikosi. The clash ended in violence, two Africans being killed and ten injured 6 .

Paarl

Serious rioting took place in Paarl on the night of 21 November. It was reported that at least eight African and Coloured men and women had previously been murdered in the vicinity of the adjoin ing Mbekweni township, where large numbers of African men live in hostels, away from their families. Seven men were arrested in connection with these murders. A mob of about a hundred Africans then marched into the town and attacked the police station, with the apparent object of freeing these prisoners. The police fired on the attackers, causing some fatalities. The mob then swept through the main street of the White part of the town. They burned out two shops, tried to set fire to the post office and some petrol pumps, and broke the windows of other shops. Some of them attacked two private houses, smashed the windows, and tried to force the doors open. A young woman who tried to escape from one of these houses, and a man who attempted to rescue her, were both murdered, and three other White citizens were gravely injured. Neighbours fired on the Africans, and a group of policemen fired further shots later when they were attacked by a gang of about fifty men. It was stated that five Africans were killed and at least four others were admitted to hospital with bullet wounds. Some 350 arrests were made. Large numbers of pangas and metal bars were confiscated by the police. The Minister of Justice announced that a Supreme Court judge would be appointed as a one-man commission of enquiry*.

CONTROL OF ENTRY INTO AFRICAN RURAL AREAS

Proclamation No. 52 of 1958, as amended, enables the Minister of Bantu Administration and Development to impose control by permit over the entry of persons to, or their departure from, African areas where there has been unrest. In areas to which Parts I and III of the proclamation have been applied, it is an offence to fail to report the unlawful presence of any African, or to make a verbal or written statement likely to interfere with the authority of the State or of a chief, or to threaten anyone on account of his loyalty to the State or to any of its officials or to any chief or headman. If Part II of the proclamation

(26) Rand Daily Mail, 24 July. *See Addendum for subsequent developments. RELATIONS: 1962 17 is applied to any area, it becomes an offence to leave that area without a permit. In terms of Government Notice 1268 of 22 December 1961 Parts I and III were applied for a further six months to the Marico area of Zeerust, Sekhukhuneland, Peddie, Matlala's and Moletzie's locations near Pietersburg, 51 trust farms, 16 tribal farms and 3 African-owned farms in the Pietersburg area, and to 3 trust and 1 tribal farm in the Potgietersrus district. This control was, later, extended for six months from 22 June 1962 to all the areas mentioned except Marico. The strict measures of control in force in the Transkei are mentioned earlier.

BANISHMENT OF AFRICANS

Detention of Mr. Anderson Ganyile and others

During the 1961 disturbances in the Transkei Mr. Anderson Ganyile was arrested and banished to Frenchdale in the Mafeking district. He escaped and fled to Basutoland with Messrs. Ingleton Ganyile and Mohlovoa Mtseko, taking refuge in a hut at Qachasnek, subsequently said to be 638 yards within the border of the territory("). On 26 August 1961 members of the South African police crossed the Basutoland border and, after a struggle, arrested the three men, taking them to gaols in the Transkei. The Attorney General of the Cape subsequently said 28) that they were detained for questioning under the emergency regulations for the territory. Their relations knew nothing of their whereabouts until Anderson Ganyile managed to smuggle a note to his mother from the Kokstad gaol. His uncle then instituted a habeas corpus action which was heard by Mr. Justice Wynne in the Supreme Court, Grahamstown, on 13 and 18 October 1961. Judgment was reserved until 11 December, when the application was dismissed. Mr. Justice Wynne said that he was making no factual finding as regards the alleged kidnapping, but found that no case had been made out in the papers before the court(29). The case was immediately taken to appeal. On 15 December a Full Bench of the Supreme Court in Grahamstown upheld the appeal, and ordered the Minister of Justice to show cause why Ganyile should not be released, or alternatively to give information

(27) By Attorney-General of the Cape, Rand Daily Mail report, 18 January 1962. (28) Ibid. (29) Star, 11 December 1961. A SURVEY OF RACE as to whether he was under arrest, and if so on what charge and where. The Judge President said that Mr. Justice Wynne's delay in announcing his decision was to be regretted. Moreover, Ganyile's escape from Frenchdale had been a crime which carried a maximum penalty of R100 or six months. He should have been brought before a magistrate without delay after his arrest. Had this been done he might by then have paid his fine or served his term of imprisonment. Then the authorities would have had to return him to Frenchdale where, although subject to restrictions, he would at any rate not have been confined in a cell (3"). It was announced on 10 January that Ganyile was to appear in the magistrate's court, Umtata, at a preparatory examination of an allegation of attempted murder and incitement to commit murder. In an affidavit supporting an application for bail, Mr. Ganyile said that the only occasion when he had been involved in violence was when he had resisted arrest at Qachasnek, and then he had acted in self-defence31). His request for bail was granted. Meanwhile, there had been protests in the British Parliament against the arrest of Mr. Ganyile on British soil. The United Kingdom Government requested an explanation from the South African Government. The International Commission of Jurists and Justice appointed an observer, Mr. Peter Charles, Q.C., from Rhodesia. On 12 January Mr. Charles enquired what had happened to Ingleton Ganyile and Mohlovoa Mtseko, who had been arrested at the same time as Anderson Ganyile 32- . It was announced next day that these two men had been released from gaols in the Transkei. The local head of the Security Branch said they were freed because they had "answered questions satisfactorily"(33 ). Then, on 17 January, the Attorney-General for the Eastern Cape announced that all charges against Anderson Ganyile would be withdrawn since it had been established that he and his companions had been arrested within the borders of Basutoland. He said that the policemen responsible had acted in good faith, having crossed the border unwittingly during the night, in mist, while searching for a man accused of murder. Ganyile would be allowed to return to Basutoland. The Press reported, further, that the Minister of Foreign Affairs had told the British Ambassador that the South African Government regretted that the violation of British territory had taken place ( 34 ) . The Minister said later (3") that no action was being taken against the policemen concerned because no contravention of the disciplinary code had been revealed.

(30) Ibid, 15 December 1961. (31) Rand Daily Mail, 13 January 1962. (32) Ibd, 13 January. Mr. Charles died in late September 1962. (33) Sunday Times, 14 January. (34) Rand Daily Mail, 18 January. (35) Assembly, 23 January. Hansard 1 cols. 35-6. RELATIONS. 1962 The three Africans instituted actions against the Minister of Justice and six policemen for wrongful arrest, assault and wrong ful detention. At the time of writing the cases had not been decided.

Detention of Mr. Mdingi

Mr. Leonard Mdingi was arrested in Durban and appeared in the magistrate's court there on 19 October 1961. He was granted bail of R100 on condition that he appeared next day in the court at Bizana in the Transkei to answer charges under the emergency regulations. On his arrival in Bizana he was arrested and told that the charges against him had been withdrawn but that he was to be detained under the emergency regulations.

Nothing was heard of Mr. Mdingi for some time, until eventually a Durban attorney was informed that he was in the Matatiele gaol. On 13 January this attorney wrote to the Minister of Justice asking whether Mr. Mdingi was under arrest or in custody, if so where and on what charges, and whether he would be permitted to see his legal representatives. It was stated that if no reply was received before 21 January application would be made to the Supreme Court for a writ of habeas corpus. A few days later Mdingi was released unconditionally36 ).

Banishment orders in force

Section five (1) (b) of the Native Administration Act of 1927 enables the State President, whenever he deems it expedient in the public interest, without prior notice to order any tribe, portion of a tribe or individual African to move to any stated place. According to a report made at the Executive Committee meeting of the Institute of Race Relations in July 1962, a total of 126 Africans had been banished since 1948. Of these, 11 had died in banishment and about 12 had escaped and fled the country. In 11 cases the orders had been withdrawn. A further 44 Africans had been allowed to return home, the banishment orders being withdrawn indefinitely, or for stated periods, on condition that the persons concerned refrained from interfering in tribal matters and from participation in such activities as might be stipulated: 3 of these were subsequently re-exiled. In July 1962 there were still 48 in banishment, 20 of them having been away from their homes for periods ranging between 7 and 11 years.

(36) Evening Post and Sunday Times, 20 January and Rand Daily Mail, 23 January. 20 A SURVEY OF RACE Since July at least another 9 persons have been banished (37). Mr. Potlako Leballo, the former national secretary of the Pan African Congress, was imprisoned for two years in 1960 on being found guilty of incitement during the anti-pass campaign which culminated in grave rioting. On his release from gaol, in May 1962, he was immediately served with a notice banishing him indefinitely to a Reserve in the Ubombo District of Northern Zululand. He subsequently escaped from there to Basutoland and then went to London. Messrs. Metetonzima Ganyile and Richard Molete were also banished as soon as they had completed sentences of imprison ment(38). Messrs. Gilbert Hani and Jack Mpembe were banished from Cape Town to the St. Marks District of the Transkei; but they escaped from South Africa via Bechuanaland. A number of those who are still in exile are members of the Matlala tribe whose home is near Pietersburg. They were banished between the years 1952 and 1955 following a dispute in regard to the chieftaincy. The Minister of Bantu Administration and Develop ment said39) that murder occurred as a result of this friction and a group of people had to be removed to save their lives. They could not be allowed to return until peace had been restored. According to investigations by the Human Rights Welfare Committee 5 of these people have died in exile, 2 were allowed to return home but died within a very short time, and 16 are still in banishment. The Human Rights Welfare Committee assists the exiles and their families by sending money, food-parcels, clothing, letters and reading material. Mrs. Helen Suzman, M.P., pointed out in the Assembly4") that if the banished persons had been brought before a court, charged for political offences and sentenced, most of those still in exile would already have been out of prison. She urged the Minister to consider the appointment of a judicial commission to investigate the circumstances of each case. He replied (41) that this was unneces sary as full investigations were made before an order was issued, and every case was reviewed periodically. "I do not like making use of this Act," he said, "but there are certain cases where I have no alternative but to do so." The Star suggested (42 ) that it would be in the public interest if machinery were provided for the regular inspection of places of banishment, either by a representative Parliamentary committee or by an impartial organization such as the Red Cross.

(37) Messrs. T. Tshangela, H. N. Mbodla, S. Madikizela, K. E. S. P. Leballo, K. Segatle, R. Molete, M. Ganyile, G. Hani, and J. Mpembe. (38) Rand Daily Mail, 4 May and 18 June. (39) Assembly, 10 May 1962. Hansard 15 col. 5386. (40) 10 May 1962, Hansard 15 col. 5348, and 26 January 1962, Hansard 1 col. 221. (41) Cols. 221, 5388. (42) 20 July 1962. RELATIONS: 1962 21 AFRICAN EXILES IN OTHER TERRITORIES

In earlier issues of this Survey43) accounts were given of the formation of the Pan-African Congress in 1959 as a rival to the African National Congress, of the A.N.C.'s decision not to support the P.A.C.'s anti-pass campaign in March 1960, and of the P.A.C.'s withdrawal from the "All-In Conference" held in March 1961 and its opposition to the demonstrations planned at that conference. The A.N.C. accepts the concept of a multi-racial society in which all citizens will have equal political rights, and is prepared to co-operate with all groups that share this ideal. The P.A.C. rejects multi-racialism because it wishes to focus attention on individuals rather than groups, and considers that Africans should build up their own bargaining power before they negotiate with others. Numbers of Non-White South Africans from both these bodies as well as from the Indian and Coloured Congresses escaped from the country at the time of the 1960 emergency and afterwards. Some of them took refuge in the High Commission Territories, mainly Basutoland, others travelled via Bechuanaland to Tanganyika, and a few leaders were assisted by sympathizers to go on to Accra, London or other places. Among these leaders are Messrs. Oliver Tambo and Robert Resha and Dr. Y. M. Dadoo. Towards the end of 1960 the leaders formed the S.A. United Front with the object of enlisting assistance for Non-Whites in South Africa in their opposition to Government policies. But during 1962 this Front has split. First Mr. Philip Kgosana, who led the march into Cape Town in 196000, was expelled from the P.A.C. in-exile, allegedly for "wilfully flouting the authority of the executive"4("). A little later the United Front Organization was formally dissolved, leaving the A.N.C. and the P.A.C. in open competition abroad as well as in South Africa (where they operate in an underground capacity). It is reported that many of the refugees living in the High Commission Territories and Tanganyika are undergoing consider able hardship. An account of this was given in last year's Survey46). Funds have been raised from private individuals in Britain for the establishment of a High Commission Relief Committee, with head quarters in Maseru, to assist exiles in these territories. It was stipulated in the South Africa Act, passed in Britain during 1962, that fugitives whose offences had been of a political character would not be returned to South Africa (47).

(43) 1958-59 page 15, 1959-60 page 55, 1961 pages 28 and 39. (44) See 1959-60 Survey, page 63. (45) Rand Daily Mail report, 15 March 1962. (46) Page 296. (47) Rand Daily Mail, 2 May 1962. A SURVEY OF RACE

Events that took place in Bechuanaland during November are described in the last chapter.

PASSPORTS AND VISAS

The Minister of the Interior said in February(48) that during 1961 there were 72,169 applications for travel documents from South African citizens of all races. His Department had refused applications from 21 Whites, 12 Coloured, 18 Asians, and 23 Africans. Information about some of these cases was given in last year's Survey49 ). According to various Press reports, those to whom passports were refused during 1962 included Mr. R. Matseke, a Pretoria journalist who wished to study in Addis Ababa; Mr. Nimrod Mkele who wanted to visit Rhodesia on business; Mr. Randolf Vigne, editor of The New African, who planned to attend a literary conference in Uganda; an African doctor who had been offered a medical post in Northern Rhodesia; and four members of the non-racial S.A. Table Tennis Board who wanted to compete in championships in Egypt. (This Table Tennis Board is recognized by the International Federation controlling the sport to the exclu sion of the all-White Association). At least two people had their passports withdrawn: Mr. Lewis Sowden, who had earlier interrupted a speech by the South African Minister of Foreign Affairs at the United Nations' General Assembly, and Mr. Patrick Duncan, the editor of Contact-although Mr. Duncan had given an undertaking that while abroad he would give no interviews, address no meetings, and refrain from any public political activities. As is mentioned in the preceding chapter, visas were refused to prominent people who had accepted invitations to visit South Africa in order to address the proposed conference on "Human Relations and Communication To-day". They were also refused to an international student delegation, sponsored by the Inter national Student Conference, who wanted to have discussions with leading South Africans; to a group of Chinese actors who intended presenting a play about the struggle against Communism in China; and to representatives of the American publications Time and Newsweek. Among the Non-White citizens who were granted passports are Professor Z. K. Matthews, to take up a post offered by the World Council of Churches in Geneva; Brigadier E. Zulu of the Salvation Army to visit the United States for fund-raising purposes;

(48) Assembly, 27 February 1962, Hansard 6 cols. 1619-20. (49) Page 89. RELATIONS: 1962 Dr. R. E. van der Ross to study education in America; Mrs. Lucy Mvubelo to attend a conference of the International Confederation of Free Trade Unions (the non-Communist co-ordinating body); Mr. T. D. Nhleko to study criminology at Indiana University; Professor W. M. Kgware and Mr. George Golding to study educa tional methods in the United States; Mr. B. P. Morola to accompany White delegates from the S.A. Football Association to a meeting of the Federation of International Football Associations held in Chile; and Mr. Amos Langdown to study art in Amsterdam. Mr. Tom Sharpe, an alien who was active in the Congress of Democrats, was deported.

BANNING ORDERS

The Minister of Justice said in the Assembly on 6 March 1962(509 that 64 banning orders had been issued during 1961, to 23 Whites, 15 Coloured, 6 Asians, and 20 Africans. In the first two months of 1962, 2 more Whites, 1 Asian, and 2 Africans were banned. During 1962, as previously, a number of people have been prohibited from attending gatherings for five years. They include Mr. M. W. Shope of the S.A. Congress of Trade Unions; Mr. Nelson Mandela; Mrs. Vera Poonen of the Federation of S.A. Women; and three lecturers-Miss G. E. Jewell of the University of Cape Town, and Messrs. E. L. Maurice and R. 0. Dudley of the Cape Technical College. Miss Jewell may continue to lecture to her students but the two men, both members of the Teachers' League of South Africa, are prohibited from doing so. Other people have been confined to specified areas: among them are Mr. and Mrs. Slovo of the Congress of Democrats. In some cases both types of restriction have been applied, for example to Mr. R. E. Viljoen, a Cape Town City Councillor; to Mrs. F. Mkize, Natal secretary of the Federation of S.A. Women; and to Mr. A. N. Bennie of the Congress of Trade Unions. The Government has, moreover, used its powers to order people to resign from specified organizations. Such orders have been issued to Mr. R. September of the Coloured People's Congress and Mr. Joe Francis of the Indian Ex-Servicemen's League. Mr. Francis was also prohibited from attending meetings of this body. He fled the country and went to London to join the campaign against apartheid. An order confining Mr. I. A. Cachalia to Johannesburg has been rescinded; but he is still prohibited from attending meetings

(50) Hansard 7 col. 2070. 24 A SURVEY OF RACE and from being a member of the Transvaal Indian Congress. Mr. V. S. Goldberg, too, may now leave Johannesburg. A previous order forbidding him to attend gatherings was, however, made more stringent. He may now not attend political gatherings of any kind, nor gatherings at which persons present have social inter course with one another (unless exemptions for specified occasions are granted by the Chief Magistrate of Johannesburg). Some of the orders issued during 1962 are far more severe than any served in the past. A number of people have been prohibited from attending gatherings, from leaving specified districts, and from entering any African township, compound or hostel, or any factory. This number includes Mr. Piet Beyleveld of the Congress of Democrats; Mr. Stephen Segale, formerly of the A.N.C. Youth League; Mr. Leon Levy, president of the S.A. Congress of Trade Unions; Mr. Alex la Guma of New Age; Messrs. Cecil Williams, Jack Hodgson and "Rusty" Bernstein; and Mr. Patrick Duncan, editor of Contact and a prominent member of the Liberal Party. (Further action taken later against Messrs. Williams, Hodgson and Bernstein is described in a subsequent chapter.) The ban was particularly onerous in Mr. Segale's case, since he is forbidden to leave Johannesburg city or the Emdeni township. As he is a salesman his work will be seriously affected. Other people have been confined to specified African town ships. Mrs. F. Matomela, for example, a former A.N.C. leader, may not leave New Brighton, and Mrs. L. Ngoyi of the Federation of S.A. Women may not leave Orlando*. There were public protests against a number of these orders, but especially in Mr. Patrick Duncan's case, since he is a vigorous opponent of Communism, and was nevertheless banned under the Suppression of Communism Act. It is mentioned earlier that he was refused a passport. Mr. Duncan decided to leave South Africa for Basutoland. As will be described in a subsequent section, at the end of October 1962 there were altogether 105 persons prohibited from attending gatherings: 53 Whites, 36 Africans, 9 Coloured and 7 Indians. An account is given later of the new penalty of house arrest. Of those on whom this penalty was imposed during the first half of November, there were three Whites whose names did not appear on earlier lists of persons prohibited from attending gatherings.

*Further banning orders are mentioned in the Addendum. RELATIONS: 1962

SABOTAGE IN SOUTH AFRICA

There have been Press reports about saboteur groups, trained outside the Republic, that have been active during 1961 and 1962. In the nature of things, and in the absence of evidence that might emerge from police prosecutions, it is impossible to estab lish the truth or falseness of these reports. There is evidence, not conclusive, that two groups may be in operation. The existence of the first may be deduced from a handbill, printed in English and Zulu and distributed in December 1961, in which Umkonto we Sizwe ("Spear of the Nation") was described as a new, independent body formed by Africans. The hand bill stated: "Umkonto we Sizwe will carry on the struggle for freedom and democracy by new methods, which are necessary to complement the actions of the established national liberation organizations ... Violence will no longer be met with non-violent resistance only." Planned attacks would take place, said the hand bill, against Government installations, particularly those connected with the policy of apartheid and race discrimination. Evidence for the existence of a second group, the National Committee for Liberation, comes from anonymous telephone calls to newspapers, in October 1961, giving warning of impending violence which did, in fact, take place. In December 1961 the same warnings were given prior to an explosion which damaged two electric pylons outside Johannesburg. During the night of this event a typewritten document was put into a Christmas Fund Competition box outside the Rand Daily Mail offices, claiming that the National Committee for Liberation had destroyed the pylons and that, as part of its activities, it had removed banished people to places of safety, transported "wanted" people overseas, arranged for twenty African nurses to depart secretly for Tangan vika, and destroyed tax records at the Johannesburg offices of the Bantu Administration Department. Whether or not either of these two groups was responsible there have, in fact, been a number of what must clearly be called attempted acts of sabotage. Using home-made plastic bombs filled with thermite, an unsuccessful attempt was made on 15 December 1961 to blow up the offices of the Bantu Administration Depart ment in Durban. On 16 December, at Port Elizabeth, bomb blasts damaged an electric transformer and various offices, including those of the Bantu Administration Department and the school board. In the Johannesburg area, on the same evening, considerable damage was done to a post office in Fordsburg, municipal offices at Dube, the premises of the Resettlement Board at Meadowlands, and to pass offices and the headquarters of the Bantu Affairs 26 A SURVEY OF RACE Commissioner. One African was killed and another seriously injured. During December 1961 the police were called out in strength to guard key points, and since then they have been able to prevent some attempts at sabotage. In April 1962, for example, they defused home-made bombs that had been placed at the Bree Street post office and the Roeland Street gaol in Cape Town before damage had been done. An attempt to blow up the offices of the Bantu Affairs Commissioner at Evaton was foiled during July after a cleaner had raised the alarm. Since then, and in spite of the legislation summarized in the pages that follow, further sabotage has occurred. This will be described later. Some arrests have been made and a few people have been convicted. On 20 July Mr. Benjamin Turok, a member of the Congress of Democrats, was found guilty of trying to cause an explosion outside the Bantu Divorce Court in Johannesburg, and was sentenced to three years' imprisonment. Mr. George Peake, a Cape Town City Councillor, was also sentenced to imprisonment for attempting to cause an explosion. More severe sentences may be imposed in future, in terms of the new legislation.

GENERAL LAW AMENDMENT ACT No. 76 OF 962

OBJECT OF THE ACT

The General Law Amendment Bill was published on 12 May and, seven weeks later, on 27 June, became law. The Act amends the Suppression of Communism Act of 1950, the Public Safety Act of 1953, the Criminal Procedure Act of 1955, the Riotous Assemblies Act of 1956, and the Unlawful Organizations Act of 1960. The Minister of Justice said it was designed to render sub versive elements and communists harmless and to punish sabo teurs. As will be described later, there was very great opposition to some of its provisions. RELATIONS: 1962 27 The principal matters with which the Act deals are listed belo W: 1. Sabotage (page 27). 2. Emergency regulations (page 31). 3. Banning of organizations (page 31). 4. Listed and banned persons: (a) Attendance at gatherings (page 32). (b) Blanket prohibitions on membership of specified or gani zations (page 33). (c) Listed or banned people may be required to r eport regularly to the police (page 34). (d) Change of residence or of employment (page 34). (e) Names can be removed from the list (page 34). (f) Publication of names in the Gazette (page 35). Restrictions on movement, and "house arrest" (page 35). 6. Detention without any charge having been proved (page 36). 7. Prohibition of gatherings or of attendance thereat (page 36). 8. Newspapers (page 37). 9. Publication of statements by banned persons (page 38). 10. Presumptions relating to absence from the Republic (page 39). 11. Offences and penalties (page 39).

1. SABOTAGE

Terms of the Act

Section 21 (1) of the Act provides that, subject to the provi sions of Sub-Section (2), anyone will be guilty of the offence of sabotage if he commits any wrongful and wilful act whereby he obstructs, injures, tampers with or destroys: (a) the health or safety of the public; the maintenance of law and order; (b) the supply of water, light, power, fuel or foodstuffs; sani tary, medical or fire extinguishing services; postal, tele phone, telegraph or radio services; or the free movement of traffic; (c) any property; or, if he attempts to commit such offence, or conspires with or encourages any other person to do so; or, if in contravention of any law, he possesses any explosives, firearm or weapon, or enters or is upon any land or building. 28 A SURVEY OF RACE No trial for the offence of sabotage will be instituted without the personal written authority of the Attorney-General or acting Attorney-General of the area concerned. Anyone convicted of sabotage will be liable to the penalties for the offence of treason, which may include the death penalty. If a sentence of imprisonment is imposed this must be for at least five years, whether or not any other penalty (except death) is also imposed. Sub-section (2) throws the onus on the accused, once the prosecution has proved that he did wilfully commit one of the acts mentioned, to prove that he was not guilty of sabotage. It provides that he will not be convicted of sabotage if he can prove that the commission of the offence, objectively regarded, was not calculated, and that such offence was not committed with intent: (a) to cause or promote general dislocation, disturbance or dis order; or to hamper or deter any person from assisting in the maintenance of law and order; (b) to cripple or seriously prejudice any industry or undertaking or the production and distribution of commodities or food stuffs, or the supply or distribution of light, power, fuel, water, sanitary, medical or fire extinguishing services; (c) to seriously injure or endanger the safety of any person, or to cause substantial financial loss to any person or to the State; (d) to further or encourage the achievement of any political aim, including the bringing about of any social or economic change in the Republic; (e) to cause or encourage feelings of hostility between different sections of the population; (f) to cause or encourage an insurrection or forcible resistance to the government, or to embarrass the administration of the affairs of the State. Anyone accused of having committed the offence of sabotage will be tried by a judge without a jury. If the Attorney-General so directs, there will be no preparatory examination. The trial may be held at any time and at any place within the area of jurisdiction of the division of the Supreme Court concerned. Persons who are alleged to have committed offences of sabotage at the same time and place may be tried jointly. Acquittal on a charge of sabotage will not preclude the arraignment of the person concerned on any other charge arising out of the alleged acts on which the original charge was based. Following representations by the Trade Union Council, particularly in regard to the provision in terms of which RELATIONS: 1962 29 endeavours to bring about social or economic change may be regarded as sabotage, the Minister of Justice agreed to insert a proviso that actions taken relating to matters dealt with under the Industrial Conciliation and Railways and Harbours Service Acts, which would have been lawful immediately prior to the commence ment of the new legislation, would not be rendered unlawful.

The S.A. Congress of Trade Unions pointed out' ) that members of unregistered unions, including all African unions, would receive no protection.

Objections by the Bar Council

The Minister met representatives of the General Bar Council to discuss the terms of the Bill. In a statement issued subse quently -) the Chairman of the Bar Council said that its represen tatives agreed that any crime committed with intention, for example, to encourage or assist in any insurrection, should be dealt with very severely. They could not object to a law properly drafted to deal with sabotage; but they felt that the Bill did not do that. The definition of sabotage appeared to be unnecessarily wide, and would catch in its net a number of people who could not-by any stretch of imagination-be called saboteurs. The Bar Council strongly objected to the onus being put on an accused person to disprove the intention to commit sabotage, and stated that the intentions which had to be disproved were far too wide and, in some cases, vaguely defined. If a person committed one of the offences set out in Sub-Section (1), and this offence, objectively regarded, was calculated to do any one of the things mentioned in Sub-Section (2), he would be guilty of sabotage, whether or not he had intended this. The Bar Council objected strongly, too, to the imposition of a minimum sentence. It took away the discretion from the judge, who was always in the best position to decide upon the appropriate punishment. It would be preferable for Parliament to provide for a very heavy maximum sentence: this was always a matter which a judge took into account in deciding what sentence he should pass. In a statement issued on the same day03), the Chairman of the Johannesburg Bar Council objected to the provision whereunder preparatory examinations might be dispensed with.

(1) Rand Daily Mail, 6 June. (2) lId, 26 May. (3) Ibid, 26 May. 30 A SURVEY OF RACE Parliamentary debate

The remarks of the Minister of Justice on the Bill as a whole, and the attitudes of the Opposition parties, are given later. On the sabotage clause itself the Minister conceded 4 ) that it was worded widely, but said that this was necessary if effective action was to be taken against saboteurs. It was true that minor acts could technically be regarded as sabotage; but there was a safety valve in that prosecutions could take place only if an Attorney-General so directed. Before an accused was called upon to prove his innocence of sabotage, the State would have to prove that he had committed a wrongful act of the nature specified, and that it had been wilfully committed. During the Committee stage both the United Party and Mrs. Suzman of the Progressive Party moved amendments to the definition of "sabotage", with the object of making the whole clause less drastic, but these were rejected.

Comments by a Q.C. in Johannesburg

In a commentary on the Bill"5 ) a Q.C. pointed out that, in effect, the Minister would be the final arbiter in deciding whether or not anyone should be tried for sabotage. In terms of the Criminal Procedure Act" ), every Attorney-General is obliged to exercise his authority and perform his functions subject to the control and directions of the Minister, who may reverse any decision arrived at by an Attorney-General and may himself in general or in any specific matter exercise any part of such authority and perform any such function. In trials for sabotage, the courts would be expressly deprived of the discretion which they normally had to suspend a sentence or any part of it. They were also expressly deprived of their normal powers to mete out special treatment to juvenile offenders (proba tion, reformatories, etc.). The burden placed on an accused person to prove his innocence of sabotage, once the prosecution had proved that he had committed any of the acts mentioned in the legislation, was an unprecedented provision in relation to a capital charge. The accused would have to negative every item in a long, complicated and ill-defined list. The provision that a person who had been acquitted on a charge of sabotage could be tried again in respect of the same

(4) Assembly. 21 May, Hansard 17- cols. 6073-6. (5) RR 100/62. (6) Act 56 of 1955 as amended by 68 of 1957, Section 5 (4). RELATIONS: 1962 31 acts on some other charge (e.g. trespass, theft or malicious injury to property) was a departure from the normal rule of autrefois acquit.

2. EMERGENCY REGULATIONS

The Public Safety Act (No. 3 of 1953 as amended) empowers the Governor-General (now the President) to make regulations applicable in any area where the existence of a state of emergency has been proclaimed. The General Law Amendment Act empowered the President to declare that any such regulation will apply also outside the area concerned, to such extent and subject to such modifications as he may specify, in so far as he may deem it to be necessary in order to deal with a state of emergency.

3. BANNING OF ORGANIZATIONS

The General Law Amendment Act enabled the President to declare an organization to be unlawful if he is satisfied that it carries on, or has been established for the purpose of carrying on, directly or indirectly, any of the activities of an unlawful organiza tion. This affected existing legislation in several ways. Previously, under the Suppression of Communism Act of 1950 as amended, he was empowered to ban an organization if he considered that it professed to propagate communism, if its pur pose was to further the spread or objects of communism, if it engaged in activities calculated to further the aims of communism as defined by the Act (these were very widely defined07 ), or if it was controlled by a communist organization. It was in terms of this Act that the Communist Party of South Africa was declared unlawful. The Unlawful Organizations Act of 1960 enabled the Presi dent to declare the African National Congress and the Pan-African Congress, together with all their subsidiary bodies, to be unlawful if he was satisfied that their activities seriously threatened, or were likely seriously to threaten, the safety of the public or the main tenance of public order. As soon as the Unlawful Organizations Act came into force these two organizations were banned. Moreover, the 1960 Act enabled the President to declare any other organization to be unlawful if he was satisfied that it was,

(7) The Statutory definition of "communism" includes, inter alia, any doctrine or scheme which aims at bringing about any political, industrial, social or economic change by unlawful acts or omissions, or by means which include the promotion of disturbance or disorder. 32 A SURVEY OF RACE directly or indirectly, carrying on, or was proposing to carry on, any of the activities of an organization declared unlawful under this Act, or any like activities, and that the safety of the public or the maintenance of public order was in consequence seriously threatened. Any banning orders issued under the 1960 Act remained in force for twelve months only unless they were extended by Proclamation. The General Law Amendment Act deleted this provision. Under both the 1950 and 1960 Acts the President might issue banning orders only after an investigation by a person designated by the Minister. This provision, too, has been deleted. The President's powers have been extended to cover the banning of organizations which he considers are carrying on the activities of bodies declared unlawful under the Suppression of Communism Act as well as those of the A.N.C. or P.A.C. During the debate the Minister said08) that it could be expected that when an organization was banned it would immediately reappear under another name. He wanted power to act without the delay necessitated by having to obtain a report on the facts in cases where he was convinced that any organization was, directly or indirectly, continuing to promote the objects of a banned organization and had the same officials and leaders 9'.

4. LISTED AND BANNED PERSONS

(a) Attendance at gatherings

The Suppression of Communism Act empowered the Minister to impose various restrictions on persons who have been listed as members or active supporters of organizations declared unlawful, or persons who have been convicted of an offence under the Act, or named communists. He could require them to resign from any specified public body or office or organization, or not to hold any specified public office or become a member of a specified public body or specified organization, or while holding such office or membership, to comply with stated conditions. He could also require them not to attend any gathering in any place within a specified area and period. The General Law Amend ment Act amended this to enable him to instruct them not to attend any gathering, or any particular gathering, or any gathering of a particular nature, at any place, or during any period, or on any day, or during specified times or periods within any period, except in such cases as may be specified in the banning notice, or

(8) Assembly, 1 June, Hansard 18 cols. 6862-3, and 4 June, Hansard 19 col. 7013. (9) In this connection see result of Supreme Court action described on page 3. RELATIONS: 1962 33 as the Minister or a magistrate may at any time expressly authorize. The Act also altered the definition of a "gathering" as con tained in the Suppression of Communism Act. It was previously defined as any gathering, concourse or procession in, through or along any place, of any number of people having a common purpose, whether such purpose be lawful or unlawful. In terms of the 1962 Act the latter section will read (in summary) "of any number of persons having (except in such cases as may be specified in a notice forbidding a person to attend gatherings, or such cases as the Minister or a magistrate may expressly authorize) a common purpose, whether such purpose be lawful or unlawful". It appeared, from the Parliamentary debate('°), that as a result of a court case in 1955 the Minister found that the question of the types of gatherings that could be held to have a common purpose was open to argument. The court held that the Legislature could not have intended that the Minister should have power to prohibit a person from all social intercourse with his fellow-men. The effects of the 1962 Act will be that the Minister can ban persons from specified gatherings which do not have a common purpose, such as social gatherings, if he so decides.

(b) Blanket prohibitions on membership of specified organizations

The General Law Amendment Act added a new provision to the Suppression of Communism Act enabling the Minister, by notice in the Gazette, to prohibit all listed persons, or all those who were office-bearers, officers, members or active supporters of an organization declared unlawful, or all those who have been served with notices prohibiting them from leaving certain areas or attending gatherings, from being or becoming office-bearers, officers or members of any other particular organization or organization of a specified nature, except where he or a magistrate grants written consent. No such notice will be issued in relation to membership of an employers' organization or trade union regis tered under the Industrial Conciliation Act except after consulta tion with the Minister of Labour. (African unions are not regis tered.) The Minister may withdraw or vary such prohibition notices. A spokesman for the United Party pointed out(") that few people read the Gazette, and that the penalties for the infringe ment of such a notice are very severe. He urged that individual

(10) Assembly, 1 June, Hansard 18 col. 6881. (11) Col. 6884. 34 A SURVEY OF RACE notices should be delivered to persons concerned. The Minister replied('2 ) that it would be impossible to serve notices on all ex members of the Communist Party, for example, since in many cases their addresses were not known. The Press was likely to re publish information from the Gazette. He added that there were between 30 and 35 "communist" organizations, membership of which might be forbidden to the groups of persons mentioned in the legislation-"congresses, youth leagues, etc". Mrs. H. Suzman pointed out (3), (and the Minister confirmed) that prohibitions of the kind envisaged might be published relating to all ex-members of the A.N.C. and P.A.C. as well as of the Communist Party, and said that many people might have joined these organizations without fully realizing the aims and objects which had caused the Government to ban these bodies.

(c) Listed or banned people may be required to report regularly to the police

The Minister has now been empowered to require any listed person, or person on whom a prohibition order has been served, to report to the officer in charge of a police station at such times and during such period as may be specified.

(d) Change of residence or of employment

It has been rendered an offence for a person whose name is listed, or on whom a current banning order has been served, to change his place of residence or his employment without giving notice forthwith to an officer in charge of a police station. If, in any prosecution under this provision, it is proved that the accused has changed his residence or employment, it will be deemed that he failed to notify the police unless the contrary is proved.

(e) Names can be removed from the list

The General Law Amendment Act stated that, if good cause is shown, the Minister of Justice may direct that the name of a person be removed from the list of members and active supporters of an organization that has been declared unlawful under the Suppression of Communism Act. There was previously no provi sion for the removal of names from this list.

(12) Col. 6888. (13) Cols. 6886, 6896. RELATIONS: 1962 35 (f) Publication of names in the Gazette

Another new provision is that if the Minister is satisfied that reasonable but unsuccessful attempts have been made to serve or deliver any order or notice on or to any person, and that a copy of such order or notice has been affixed to the main entrance of such person's last-known residence, he may cause the order or notice to be published in the Gazette, whereupon it will be deemed to have been served on this person on the date of publication. The Minister has been empowered to publish the names of banned persons in the Gazette.

5. RESTRICTIONS ON MOVEMENT, AND "HOUSE ARREST"

The Suppression of Communism Act of 1950 provided that whenever the Minister was satisfied that any person was promot ing any of the objects of communism, or was likely to do so, he might prohibit this person from being within any specified area during a specified period. Permission for temporary visits might be given. This provision has been deleted. In terms of the General Law Amendment Act, the Minister is empowered to impose restrictions on the movements of persons whose names are listed as having been officers, members, or active supporters of an organization that has been deemed unlawful, or on persons whom he considers are promoting any of the objects of communism as defined in the Act, or are likely to do so, or are engaging in activities which may do so. Subject to such exceptions as he may specify, or as he or a magistrate may authorize, the Minister may prohibit such a person, during a specified period, from being within or absenting himself from any place or area mentioned in the notice. While the prohibition is in force, the Minister may also prohibit the person concerned from performing any specified act, or from communicat ing with anyone or receiving any visitor, except an advocate or attorney managing his affairs (unless the lawyer's name has been listed or he has been banned from attending specified gatherings or from being in specified areas). No time limit is laid down. The Minister may vary or withdraw such a notice. Before deciding to impose a prohibition of this nature, he may instruct a magistrate to warn the person concerned to refrain from engag ing in any activities calculated to further the achievement of any of the objects of communism. During the Parliamentary debate the Minister said('4) that he would, unless circumstances made this inadvisable, issue warnings

(14) Assembly, 21 May, Hansard 17 cols. 6067-8, and 4 June, Hansard 19 col. 6944. A SURVEY OF RACE before taking more drastic action. But if restrictions were placed on a person's movements, and he ignored these, he would be placed under house arrest, which would be preferable to being locked up (the course of action adopted in numerous cases in 1960). A person under house arrest could be permitted to go to his place of employment during the day, but might be forbidden to leave his home during stated hours or to receive visitors other than those stipulated, for example business partners or bank managers. Provision had been made in the legislation for visits by lawyers only because the Bar Council had urged that this be done. It would serve no useful purpose to specify other categories of persons in the Act itself: this would be done in the orders served on individual persons. In a Press statement ("), the chairman of the Johannesburg Bar Council urged that no one should be deprived of his liberty unless after a full judicial investigation, at which the person con cerned had been legally represented and afforded the opportunity of defending himself. It was pointed out that the objects of com munism, as defined by Statute, included objects which were desired by persons and organizations opposed to Communism in its ordinary sense. Furthermore, the Minister would take action on information placed before him, which might be inadvertently or wilfully misleading or incomplete. Grave injustice might result.

6. DETENTION WITHOUT ANY CHARGE HAVING BEEN PROVED

Section 108 bis of the Criminal Procedure Act, as amended in 1961(6, empowered an Attorney-General, if he considered it necessary in the interest of the safety of the public or the main tenance of public order, to issue an order that a person arrested on a charge of having committed any offence shall not be released on bail or otherwise for twelve days. It was stated in the Act of 1961 that this provision would lapse on 1 June 1962 unless the period was extended by resolution of Parliament. In terms of the General Law Amendment Act, this period was extended to 1 June 1963.

7. PROHIBITION OF GATHERINGS OR OF ATTENDANCE THREAT

The Minister's powers to prohibit gatherings, or to prohibit persons from attending gatherings, were extended and set out more expressly in the 1962 amendments to the Suppression of Com munism Act.

(15) Rand Daily Mail, 26 May 1962. (16) Act 56 of 1955 as amended by Act 39 of 1961. RELATIONS: 1962 It was laid down that he may prohibit the assembly (except in such cases as he may specify or as he or a magistrate may authorize) of any gathering, or of any particular gathering or type of gathering, at any place or in any area, during any period or during specified times, if he deems this to be necessary in order to combat the achievement of any of the objects of communism. As is mentioned earlier, the definition of a "gathering" has been widened. It is also stated earlier that the Minister may forbid com munists, persons whose names have been listed, and persons who have been convicted of an offence under the Act, to attend any gathering, or any particular gathering, or any gathering of a particular nature, at any place, or during any period, or on any day, or during specified times or periods within any period, except in such cases as may be specified in the banning notice, or as the Minister or a magistrate may expressly authorize. The Minister may exercise similar powers in respect of persons whom he is satisfied are engaging in activities which are furthering or may further the aims of communism. The Suppression of Communism Act previously laid down that it was an offence to convene or address a gathering that had been banned, but that a person could not be convicted of this offence if he satisfied the court that he had no knowledge of the prohibition of the gathering concerned. A proviso has now been added to the effect that an accused can be convicted if the prohibi tion has been notified in the Gazette (whether or not he has read this notice). It has also been rendered an offence to publish or distribute a notice convening a prohibited gathering. The Minister said at a Press conference( 7 that when the Bill became law he would ban political meetings on the steps of the Johannesburg City Hall and on Cape Town's Grand Parade, unless special permission for such meetings had been obtained.

8. NEWSPAPERS

Section 6 of the Suppression of Communism Act of 1950 empowered the Government to ban any periodical (including a newspaper) if in its opinion it promotes the spread of com munism, is published by an unlawful organization, or serves mainly as a means for expressing the views of such an organization or views calculated to further the achievement of any of the objects of communism.

(17) On 15 May, confirmed Assembly 21 May, Hansard 17 col. 6069i. A SURVEY OF RACE The Minister said in Parliament (8 ) that these powers were insufficient. All newspapers had to register under the Newspaper and Imprint Act of 1934, but certain of them registered under various names in order that, if their publication was forbidden under one of these, they might immediately re-appear under another name. He cited the Guardian, which after several changes of name was now called New Age. He made no secret of the fact, he said, that this publication would be banned. The 1962 General Law Amendment Act prevented a news paper from registering under more than one name by providing that, unless the Minister of the Interior in consultation with the Minister of Justice otherwise directs, the registration of a news paper will lapse if it is not published at least once a month. The Act also provided that no new newspaper may be regis tered unless the proprietor deposits with the Minister of the Interior such amount, not exceeding R20,000, as the Minister may determine, or unless the Minister certifies that he has no reason to believe that it will at any time be necessary for him to prohibit the paper. Interest earned on such a deposit will be paid to the pro prietor each five years, or when the deposit is refunded. It will be refunded if the paper's registration lapses. If the paper is subse quently prohibited, the deposit and any interest not yet paid to the proprietor will be forfeited to the State, unless the Minister directs that a portion of it be refunded to the proprietor.

9. PUBLICATION OF STATEMENTS BY BANNED PERSONS

It has been rendered an offence, without the consent of the Minister of Justice, or except for the purposes of proceedings in any court of law, to record, reproduce, publish, print or disseminate any speech, utterance, writing or statement, or extract therefrom or recording or reproduction thereof, made or produced or pur porting to have been made or produced anywhere, at any time, by a person who has been prohibited from attending any gathering. The Minister maintained 9 ) that a section of the Press gave a platform to banned communists, who were not allowed to attend meetings. He wanted to prevent this. The Afrikaans newspaper Die Burger urged the Minister to amend this provision by drawing a distinction between the "factual and propagandistic" publica tion of statements. It pointed out that editors would have to keep a list of restricted persons and sift their words carefully from the news columns, even when these words included necessary informa-

(s) Cols, 6071-2 0!9) Star, 1 June RELATIONS: 1962 39 tion or could serve to promote the anti-communist cause by their repudiation by readers ("). The Parliamentary Opposition made a similar plea. The Minister promised to try to devise a way of meeting this criticism, but said later that he had been unable to do so.

10. PRESUMPTIONS RELATING TO ABSENCE FROM THE REPUBLIC

The General Law Amendment Act states that any document on the face whereof it appears that a person of a name corre sponding to that of an accused person has at any particular time been outside the Republic shall, on its mere production by the public prosecutor in any criminal proceedings, be prima facie proof that the accused was outside the Republic at such time, if such document is accompanied by a certificate purporting to have been signed by the Secretary for Foreign Affairs to the effect that he is satisfied that such document is of foreign origin. These provisions will apply even if the alleged offence was committed before the commencement of the new Act. They will enable the State to take action against people who leave the Republic without the necessary documents.

11. OFFENCES AND PENALTIES

The most serious offences under the Suppression of Com munism Act were previously: performing, advocating or encourag ing any act or omission calculated to further any of the objects of communism; becoming or continuing to be an office bearer, officer or member of an unlawful organization; and printing, publishing or disseminating a prohibited publication. To these have now been added three new categories of offenders: persons whose names have been listed or have been served with prohibition notices who change their residence or employment without notifying the police, or who fail, when called upon to do so, to give their full names and addresses to a peace officer or who give false informa tion, or who fail to comply with an order to report to the police at stated intervals. On conviction for one of these serious offences, the sentence was, previously, imprisonment for a period not exceeding ten years. The new Act adds that there will be a minimum sentence of a year. The next category of offences. in the 1950 Act as amended in 1954, included those of knowingly allowing premises to be used

(20) 7 June. 40 A SURVEY OF RACE for furthering communism, the objects of an unlawful organization, or the production or distribution of a prohibited publication; fail ing to comply with restrictions placed on an individual; and con vening, presiding at or addressing a prohibited gathering. To these have been added: being in possession of a prohibited publication; publishing or distributing a notice convening a prohibited gather ing; and publishing statements by a person who has been forbidden to attend gatherings. The penalty, on conviction, is imprisonment for a period not exceeding three years. The final category of offences remains as before: failing to answer questions by an authorized officer, to comply with require ments stipulated by him, to furnish facilities required by him, hindering him in the performance of his duties, and without per mission destroying or removing property or documents of an un lawful organization. In these cases the penalty, on conviction, is a fine not exceeding R400, or imprisonment for a maximum of a year, or both.

OPPOSITION TO THE GENERAL LAW AMENDMENT ACT

POLITICAL PARTIES When introducing the Bill at its Second Reading( ), the Minister of Justice said that the country was calm and peaceful despite the "artificial agitation made outside". He wished to keep it that way, thus was introducing the legislation timeously. The A.N.C. and the "Liberation Committee" overseas were planning the formation of sabotage groups, and acts of sabotage had already been committed. It was not the Government's intention to restrict freedom of speech generally, the Minister continued. The Bill was designed purely and simply to render subversive elements and communists harmless and to punish saboteurs. Sir de Villiers Graaff, leader of the United Party, said 2) that members of the Opposition were as anxious as anyone else to maintain law and order, and objected to sabotage and communism. But they nevertheless opposed the Second Reading of the Bill because, inter alia,

(I) Assembly, 21 May 1962, Hansard 17 cols. 6060-67. (2) Cols. 6079-6114. RELATIONS: 1962 41 (a) it deprived citizens of the protection of the courts and put them at the mercy of arbitrary ministerial decisions in such a way as to threaten the freedom of law-abiding people; (b) it created the new crime of sabotage and defined it so widely that the lives and liberties of people who were innocent of any intention to subvert the State could be endangered; (c) it granted further extensive powers to the Government and ignored the fact that laws already existed which were adequate to deal with any crisis that might arise; and (d) it would damage the Republic by creating the false impres sion that a permanent state of emergency existed. Communism could not be fought by negative measures only, Sir de Villiers said. It was essential to tackle the root causes, to get rid of poverty, to create a sense of security for everyone. African nationalism would not be destroyed by calling it communism. No despotic powers which the Minister assumed in terms of the legisla tion would take the place of an acceptable ideology which was opposed to both communism and nationalism. Mrs. Suzman, the sole representative of the Progressive Party, took the strongest action open to her by moving that the Bill be read that day six months. She found no seconder. The Government already possessed adequate powers to act against saboteurs and people who acted treasonably, she maintained 3 ). Its purpose in introducing the Bill was to intimidate its opponents. The measure would endanger civil liberties enjoyed in every normal democratic country. The Minister's assurances that freedom of speech would not be restricted provided no safeguard against the abuse of legislation on the Statute Book. During the Committee stage the Opposition called for a division on nearly every clause. An all-night sitting of the Assembly was held on 24/25 May.

OTHER BODIES

General Bar Council

As is mentioned earlier, representatives of the General Bar Council of South Africa met the Minister of Justice to discuss the Bill. In a subsequent exchange of telegrams"4 ) the Bar Council informed the Minister that it could not and would not oppose any legislation necessary to preserve law and order. It was a profes sional body concerned only with legal effects. It objected to certain

(3) Cols. 6221-31. (4) Rand Daily Mail, 26 May, and Assembly, 28 May, Hansard No. 18 cols. 6579-80. A SURVEY OF RACE clauses on the grounds that they were unnecessarily wide and bad in principle, being contrary to the rule of law. The Council's main objections are set out in preceding pages.

International Commission of Jurists

The International Commission of Jurists, in a statement reported in the Press(:), maintained that the Bill reduced the liberty of the citizen to a degree not surpassed by the most extreme dictatorship of the Left or the Right. The measure was a culmina tion of a determined and ruthless attempt to enforce the doctrine of apartheid, and was not worthy of a civilized jurisprudence. The statement went on to say that, under the guise of combating communism, the Bill drastically reduced the right of free assembly, of free speech. of the freedom of the Press, and freedom of move ment. It would become much easier in the future for the govern ment to stifle political opposition. If the Bill was passed, South Africa would have taken a major, if not final, step towards the elimination of all rights of the individual and the rule of law.

Black Sash

On 17 May the women of the Black Sash commenced a vigil in Johannesburg which was continued until 13 June, when the Bill passed its Third Reading in the Assembly. On the first evening the National President, Mrs. Jean Sinclair, lit a "Flame of Freedom" on the City Hall steps and read the Black Sash dedica tion. The women then began a round-the-clock vigil under a sign reading "Reject the Sabotage Bill-the Bill to end all liberty". Shortly afterwards hooligans began an attack on the women which was continued nightly. Taunts were made, the sign was smashed and the flame extinguished several times. Eggs, vegetables, lighted cigarettes and other objects were flung at the women, several of whom were slightly injured in spite of protection from a non aggressive bodyguard of male supporters. On 22 May the City Council's Management Committee asked the Black Sash, for its own protection, to call off the vigil at night; but it was resumed in the morning. On that day, too, the women were forced to run for safety when hooligans assaulted members of a multi-racial Congress Alliance Youth Movement demonstration, who had marched to the City Hall. Thereafter the Black Sash continued its vigil at various other points in Johannesburg. Cape Town members of the Black Sash held a similar vigil outside the gates of Parliament during the Second Reading debate, and 24-hour vigils were held in Pietermaritzburg and other centres.

(5) Star, 21 June 1962. RELATIONS: 1962 43 Public Protests Nine organizations in Cape Town, including the Black Sash, National Council of Women, Civil Rights League, NUSAS, the Progressive and Liberal Parties, the Congress Movement and others, formed a Civil Rights Defence Committee, under the chairmanship of ex-Chief Justice the Hon. A. van de Sandt Centlivres, to fight the measure. This committee arranged public protest meetings in the Sea Point Town Hall, the Drill Hall and other venues. A meeting planned to take place on the Grand Parade on 30 May was banned by the Government, and on three occasions the municipality, acting on police advice, refused permission for public protest marches that had been planned by the committee. The Coloured People's Congress and other bodies were also denied permission to organize marches. An impressive public protest took place in Johannesburg in which several thousands of people marched in silence through the centre of the city. This was organized by an ad hoc committee. According to a Press report) it was "conservatively estimated" that the marchers numbered 6,000, while thousands more lined the streets. Hooligans instigated some fighting at the end, when the procession arrived at the City Hall steps for a short religious ceremony. A large protest rally, attended by more than 2,000 Whites and 1,000 Non-Whites(7 ), was held in the Durban City Hall. A protest march to the hall was to have been organized by the Students' Representative Council of Natal University, but the police refused permission. The Progressive Party organized protest meetings in various towns and cities. The United Party declined to take part in these meetings on the ground that it "does not participate in campaigns in association with organizations whose policies and statements it cannot control ' 80. Large numbers of students at the universities of Cape Town, the Witwatersrand, Natal, and Rhodes signed protests, or held meetings to protest against the Bill. The presidents of the Students' Representative Councils of these universities met in Cape Town to hand petitions to the Minister, asking him to withdraw the measure.

The Churches

On 17 May the Christian Council of South Africa stated 9 that it viewed "with consternation and dismay" the harsh and extreme terms of the Bill. "While we abhor violence and sabotage, we are

(6) Rand Daily Mail, 25 May. (7) Ibid, 24 May, and Star, 23 May. (8) Statement by Sir de Villiers Graaff, Evening Post, 1 June. (9) Rand Daily Mail of that date. 44 A SURVEY OF RACE concerned at the almost dictatorial powers vested in the Minister of Justice for use in cases of emergency, and the extremely harsh penalties of this Bill. We are concerned that its terms can too easily be used to stifle all criticism of the government in power or any public protest, and that it excludes individuals from the normal safeguards of the rule of law and access to the courts. We reiterate that greater safeguards are necessary to protect the individual against arbitrary action on the part of the State". A week later, at a meeting in Johannesburg, the Christian Council passed a resolution stating("°), "While no Christian Church can approve of the indiscriminate destruction of life and property, we feel that the Bill violates the basic concepts of human dignity and freedom implicit within the Gospel of Christ". All Christians were asked to join the Johannesburg protest march and to make that day one of prayer. A telegram was sent to the Minister of Justice expressing the opinion that some of the provisions of the Bill "appear to constitute a threat to Christian liberty, justice and freedom of speech and association". In Durban the leaders of six Christian denominations Catholic, Anglican, Methodist, Congregational, Baptist, and Pres byterian-called on their people to observe 24 May as a day of special prayer. They issued a joint statement("): "God's just order must manifest itself through the human conscience, and a reason able degree of freedom of expression is required for this to be achieved. We are, therefore, deeply distressed by the implied principle in the ...Bill that evil should be overcome by evil, in that liberty is gravely threatened by the renewed assumption that an accused person is guilty unless he proves himself innocent; that the free association of people can be forbidden by the arbitrary decision of a Minister of State; and that the Christian spirit of brotherhood is denied by reasons of the foregoing". The Fellowship of Reconciliation in South Africa sent a telegram to the Minister reading, "Peace in a nation rests on justice and respect for the rights of all men. There is already adequate machinery for the maintenance of law and order. We appeal for consultation and not repression"'(2 . The Presbyterian Church of the Transvaal sent a resolution to the Minister stating that "by implication the Bill can infringe on the right which the Church maintains of free criticism in all cases where a principle of right or wrong is involved''( 3 ). The Baptist Church protested, too. The Anglican Bishop of Pretoria condemned the Bill and called on all Christians to oppose it( 4). Special services were held in churches in Pietermaritzburg and numerous other centres.

(10) Ibid, 24 May. (11) Ibid. 23 May. (12) Ibid, 25 May. (13) Ibid. 11 June. (14) Ibid. 25 May. RELATIONS: 1962 Institute of Race Relations

The Institute of Race Relations issued the following state ment ( ' ) : "The Institute views with alarm the terms of the General Law Amendment Bill because of its inhibiting effects on the freedom of speech, association and assembly. It considers that Non-Whites will regard the Bill as a further measure to entrench White supremacy and that this will have a harmful effect on the already tense inter-racial situation. "The Institute considers that the definitions of sabotage should be limited to acts of violence and physical intimidation. The Bill, as it now stands, contains definitions which are so wide that they constitute a threat to the exercise of accepted civil rights. "No society can remain static. Necessary economic, political and social change can only be brought about by the freely conducted activities of individuals and groups. The Institute considers that the definitions of sabotage, by their vagueness, constitute an ever-present intimidation and will have the effect of hampering the public expression of popular opinion, legitimate demonstrations, and other democratic efforts to bring about changes which many regard as desirable. "The enhanced powers given to the Minister to prohibit the assembly of any gathering could apparently be used to prevent meetings or conferences of a legitimate nature, the subject matter of which is displeasing to the government. "In the opinion of the Institute, the present Bill extends beyond the powers required to prevent violent subversion of the State. It appears to aim at curtailing activities directed against the policies of the government in power. The Institute rejects the assumption by the present government that only its policies can solve our racial problems. "The Institute believes that the wide and vague nature of the proposed provisions arises out of the government's determination to maintain policies which are rejected by the majority of the people of South Africa. It further believes that by stifling the efforts of this majority to effect changes by constitutional and legitimate means, it brings nearer the very dangers it seeks to guard against."

(15) RR 86/62, and Race Relations News, May. Subsequent statements by the Institute are set out in the Addendum. A SURVEY OF RACE

ACTION TAKEN UNDER THE GENERAL LAW AMENDMENT ACT

REMOVAL OF NAMES FROM THE LIST

The Minister of Justice announced on 3 July that persons whose names were listed as having been members or active supporters of an organization deemed unlawful under the Suppres sion of Communism Act would be given the opportunity of making representations for their names to be removed from this list. Such representations must be made before the end of the month. According to Press reports('), 113 persons applied.

PERSONS WHOSE SPEECHES OR WRITINGS MAY NOT BE PUBLISHED

As mentioned earlier, the Minister may prohibit persons whose names are listed as being members or active supporters of organiza tions declared unlawful, those who have been convicted of an offence under the Suppression of Communism Act, and persons deemed to be furthering the aims of communism, from attending any gathering or particular gathering or type of gathering during a specified period. It is then an offence, unless with the Minister's consent or for the purposes of proceedings in any court of law, to publish or disseminate any speech or writing by these persons; the penalty on conviction for this offence is imprisonment for a period not exceeding three years. On 30 July the Department of Justice issued a list of persons whose speeches or writings may not be published (with the provisos mentioned above). There were 102 names on the list-52 Whites, 35 Africans, 9 Coloured, and 6 Indians2). Among the especially prominent names on this list were ex-Chief A. J. Luthuli, Advocate A. Fischer, Dr. H. J. Simons, Messrs. R. I. Arenstein, D. V. Brutus, I. A. Cachalia, Patrick Duncan, A. la Guma, Leon Levy, Duma Nokwe, G. E. Peake, R. Resha, W. Sisulu, 0. Tambo, R. E. Viljoen and H. L. Wolpe, and Mesdames F. Mkize, S. Muller and L. Ngoya.

(1) Issued in November. (2) The list was published in Government Gazette, No. 302 of 30 July. RELATIONS: 1962 47 It was stated that further lists would be issued from time to time. During October the names of Mr. Nelson Mandela, Mrs. Helen Joseph, and Mr. A. D. Kathrada were added.

There was much confusion, in South Africa and elsewhere, as to the exact implications of this Government Notice. To some extent the confusion still exists. Theoretically, librarians and book sellers were faced with the stupendous task of reading all the books and periodicals they possessed to ascertain whether these contained quotations from statements or writings by listed persons. Importers of publications had to devise a system of checking the contents of all books and periodicals acquired by them from overseas. After numerous enquiries had been made, the Minister of Justice clarified two points which had caused particular perplexity to editors of newspapers. He announced(') that they might publish evidence, cross-examination, and argument advanced in a court case concerning persons whose names were on the list, provided that this concession was not used to circumvent the intentions of the Act. He also said that they might not publish speeches made at City Council meetings by councillors whose names were listed, for example Messrs. G. E. Peake and R. E. Viljoen in Cape Town. (Mr. Peake was subsequently disqualified from continued member ship of the Council on being sentenced to terms of imprisonment for inciting people to contravene provisions of the Group Areas Act and for attempting to cause an explosion).

The Minister was asked whether remaining copies of ex-Chief Luthuli's autobiography Let My People Go might be sold. This had been published simultaneously in South Africa and Britain. As the local edition was quickly sold out, several hundred copies were imported. The Minister replied that, in view of the fact that the book had been on sale before the Act came into force, copies already in the country could be sold, but no more might be imported. Mrs. Helen Joseph had completed writing a book entitled If This Be Treason, which is to be published in Britain. It gives the personal stories of the accused at the Treason Trial of 1956-1961(4), at the end of which they were acquitted, and contains records of personal conversations as well as statements made in court. Numbers of these people, including Mrs. Joseph herself, are prohibited from attending gatherings, thus it will not be legally possible for the book to be sold in South Africa without the permis sion of the Minister. Mrs. Joseph had said previously that all royalties would be donated to the Defence and Aid Fund.

(3) Star, 3 August. (4) See 1961 Survey, page 62. 48 A SURVEY OF RACE BANNING OF THE CONGRESS OF DEMOCRATS

In terms of Proclamation R 218 of 14 September 1962, the S.A. Congress of Democrats was proclaimed an unlawful organiza tion. This was a White body which had been associated in the Congress Group with the African National Congress, Coloured People's Congress, S.A. Indian Congress, S.A. Congress of Trade Unions and Federation of S.A. Women.

BANNING OF MEETINGS ON THE JOHANNESBURG CITY HALL STEPS

A further proclamation, published on 7 September, prohibited the assembly of any public gathering other than a divine service in the open area to the east of the Johannesburg City Hall for a period of twelve months. Exceptions may be made if special permission is granted by the Minister or a magistrate.

ORDERS SERVED ON MRS. HELEN JOSEPH

The first person on whom a "house arrest" order was served, in terms of the new legislation, was Mrs. Helen Joseph of Johannes burg, national secretary of the Federation of S.A. Women, a former treason trial accused (like the others, she was acquitted), and a former office-bearer of the banned Congress of Democrats. Mrs. Joseph had previously received five-year banning orders under the Suppression of Communism Act. An order restricting her move ments to the district of Johannesburg expired in mid-1962. She then undertook a journey of some 7,000 miles to visit Africans who had been banished to remote areas and to report on their circumstances. On 13 October 1962 Mrs. Joseph was served with orders which stated that, for the next five years (unless she has permission from a magistrate or from the Minister to do otherwise): (a) she must remain in her home, where she lives alone, from 6.30 p.m. to 6.30 a.m. every day during the week, from 2.30 p.m. on Saturday until Monday morning, and on all public holidays; (b) she may have no visitors there except her doctor (unless the doctor's name has been listed or he has been banned from gatherings or from being in specified areas); (in terms of the Act, and subject to similar conditions, her attorney may also visit her); (c) she must report to police headquarters between 12 noon and 2 p.m. every day except Sundays and public holidays; RELATIONS: 1962 49 (d) she may not attend any gathering, including gatherings at which the persons present have social intercourse with one another (a result is that her writings or statements may not be published); (e) she may not communicate in any way whatsoever with anyone whose name has been listed or who has been served with a banning order; (f) she may not leave the magisterial district of Johannesburg, nor may she enter any African township, compound or hostel, or any factory premises. Protest demonstrations were held by the Black Sash and the Liberal Party, and by private individuals in several centres; and statements of protest were issued by the Civil Rights League, the chairman of the Cape Peninsula General Council of the United Party, the chairman of the Cape Western Region of the Progressive Party, the Anglican Bishop of Pretoria, and others. These state ments condemned the punishment of Mrs. Joseph for an undisclosed offence, without trial, and without any opportunity of defending herself. On 30 October 1962, in part of a series of talks entitled "We present facts", the S.A. Broadcasting Corporation commented on the reasons for the order served on Mrs. Joseph. It was mentioned, inter alia, that she had undertaken a tour to visit banished Africans and had entered certain Reserves without permission. Her connection with certain left-wing organizations was described. Contentions about her by the Crown during the treason trial were repeated, but it was not mentioned that these contentions had never been tested against defence arguments because the case was dismissed, and the accused found not guilty, before that stage had been reached. Moreover, the S.A.B.C. omitted to mention that, after she had been questioned for a week during the treason trial, leading counsel for the Crown said that he did not propose to direct any argument at Mrs. Joseph's personal position in relation to communism. (It should be noted that, in the treason trial, the Crown based its argument on the wide definition of communism in the Suppression of Communism Act). Mrs. Joseph has had no opportunity to reply to the serious implications contained in this broadcast because it is illegal to publish any statement by her.

APPEARANCES IN COURT OF MR. MANDELA AND MR. SISULU

It was mentioned earlier that Mr. Nelson Mandela was secretary of an African National Action Committee which planned 50 A SURVEY OF RACE demonstrations at the end of May 1961, to reinforce demands for a national convention; that a warrant was issued for his arrest; and that for more than a year he eluded the authorities and, reputedly, led the underground A.N.C. He was eventually arrested in August 1962. It has also been mentioned that on 12 October, while he was in gaol awaiting trial, he was banned from attending gatherings. This meant that his writings or speeches might not be published. His case had been remanded to 15 October. Meanwhile, a "Free Mandela Committee" was set up which distributed thousands of leaflets describing him as "the fighting underground leader of the freedom struggle". Demonstrations were planned for the day of his trial.

On 13 October the Minister of Justice banned all meetings throughout South Africa for the next two days which might relate to Mr. Mandela. Not until 15 October was it announced that the trial would take place in Pretoria, instead of in Johannesburg as originally planned. This meant that Mr. Mandela's attorney, Mr. J. Slovo, could not appear for him, since Mr. Slovo had previously been served with an order prohibiting him from leaving the Johannesburg district.

Mr. Mandela was charged with incitement and with leaving the country unlawfully. At his request the presiding magistrate agreed to adjourn the proceedings to enable fresh arrangements to be made for the defence. A period of a week was granted, although Mr. Mandela had asked for two weeks. A few days later it was announced that the order confining Mr. Slovo to Johannes burg would be relaxed to allow him to appear for the defence.

Meanwhile the "Free Mandela Committee" made plans for demonstrations at the resumed trial.

On the same day that Mr. Mandela's trial began in Pretoria, another former executive of the banned African National Congress, Mr. Walter Sisulu, appeared in the Johannesburg magistrate's court on a charge of incitement. The hearing was adjourned to 3 December, Mr. Sisulu being allowed out on R1,000 bail.

BAN ON PROTEST MEETINGS

On 20 October the Minister of Justice banned all protest meetings against the arrest, custody, trial or conviction of any person, for any offence, in South Africa and South-West Africa, until 30 April 1963. RELATIONS: 1962 51 FURTHER "HOUSE ARREST" ORDERS (a) October That same day orders were issued for the "house arrest" of Mr. Sisulu and of Mr. A. D. Kathrada: the latter was secretary of the "Free Mandela" movement. The police were, at first, unable to serve these orders because the two men were not at their homes, but two days later they found Mr. Kathrada at the resumed trial of Mr. Mandela. Mr. Kathrada has been confined to his flat, which he shares with Mr. E. Gani, an Indian lawyer, from 6 p.m. to 7 a.m. during the week, and from 2 p.m. on Saturdays to 7 a.m. on Mondays. He may not go out on public holidays. He may receive no visitors other than his doctor or lawyer, provided that their names are not on the banned list. He may not leave Johannesburg; is banned from attending meetings; and must report to the police between noon and 2 p.m. each weekday. At the time of writing it was not clear whether or not Mr. Gani may receive visitors. Mr. Kathrada may not communicate in any way with anyone on the banned list. At the time when the order was served he was being represented in court proceedings of a political nature by an advocate and an attorney, both of whom have been banned. His business will be affected in that much of it was conducted outside Johannesburg, and also in that he used his flat as an office which was visited by his clients in the printing industry. When Mr. Sisulu returned to his home a few days later similar orders were served on him. If visitors call on his wife he may not receive them. Mr. Sisulu's mother died on 5 November. A friend who had allegedly come to sympathise was with him that evening when detectives raided his home. He was arrested and charged with disobeying the house arrest order and assaulting the police. He appeared in court next day. The hearing was adjourned to 3 December, on which date he was due to appear in court on other charges. Bail was allowed. Mr. Sisulu was allowed to attend his mother's funeral.

(b) Early November

During the first 25 days of November house arrest orders were served on 13 more people. Orders similar to those described earlier were served on Mrs. Rica Hodgson, Mr. Lionel "Rusty" Bernstein, and Mr. Cecil Williams of Johannesburg; Mr. Brian Bunting and Mr. Jack D. Tarshish of Cape Town; and Mr. R. I. Arenstein of Durban. 52 A SURVEY OF RACE More severe orders still, prohibiting the persons concerned from leaving their homes at all, were served on Mr. Michael Harmel, Mr. P. Jack Hodgson (husband of Mrs. Rica Hodgson), and Mr. Moses Kotane of Johannesburg; and on Mrs. Sonia Bunting of Cape Town (wife of Mr. Brian Bunting). Husbands were informed that they could communicate with wives whose names were on the banned list, and vice versa. Three of these people, Mr. and Mrs. Hodgson and Mr. Williams, live in flats. Mr. Hodgson, who is confined to his home for 24 hours of every day is, thus, unable to take any exercise in the fresh air (unless the Minister or a magistrate should decide to relax the terms of the order), and the others may do so on week days only. As Mr. Harmel's statements cannot be published, he is prevented from continuing his employment as a journalist. Mr. Bunting is an employee of New Age*. He is prohibited from communicating with the editor of this journal, whose name has been "listed" under the Suppression of Communism Act. Mr. Williams is an actor-producer, yet was forbidden to leave his flat in the evenings. Shortly after the order was served on him Mr. Williams left the country secretly. He held a British passport. The Minister announced on 10 November that magistrates had been instructed to make concessions when this was considered necessary. If, for example, persons under 24-hour house arrest orders obtained full-time employment the terms of these orders would be reconsidered. Those who might want to change their places of residence could apply to a magistrate for permission. In the statement referred to earlier, the Minister said that if any of those who had been subjected to house arrest orders wished to leave the country for good they could apply for special visas, which would be granted. During the early part of November three young women in Johannesburg, Mrs. Diana Schoon, Miss Anne Nicholson, and Miss Molly Anderson, were summoned to the office of the Chief Magistrate and warned that they would be served with house arrest orders unless they abandoned their present political activities. Later, on 25 November, Messrs. Alfred Nzo, Thomas Nkobi, and MacDonald Maseko of Johannesburg were placed under 24-hour house arrest. All three are married men with childrent.

MR. MANDELA'S TRIAL When his trial was resumed, Mr. Mandela elected to undertake his own defence, and to call on Mr. Slovo merely for consultations.

*This journal was subsequently banned. tA further report on orders of house arrest is given in the Addendum. RELATIONS: 1962 53 The Minister of Justice thereupon withdrew the permit that had been granted to enable Mr. Slovo to visit Pretoria. Mr. Mandela led no evidence in his defence, merely stating, "I am not guilty of any crime". On 7 November he was sentenced to five years' imprison ment-three years for incitement and two years for leaving the country without a passport. Mr. Mandela made a lengthy speech, describing his frustrations and political views. This cannot be reported.

PUBLICATION OF NAMES OF "LISTED" COMMUNISTS

On 16 November the Minister of Justice published in the Gazette the names of 437 persons who had been "listed" under the Suppression of Communism Act as former office-bearers, officers, members, or active supporters of the banned Communist Party. Of these people, 129 were White and 308 Non-White. Two of the Non-Whites had died since the Communist Party was disbanded, and 40 Whites and 13 Non-Whites had left South Africa. Numbers of the people concerned had resigned from the Com munist Party a considerable time before it was banned; and many of them have taken no active part in politics for a number of years. Except for Mrs. Helen Joseph and Mr. Walter Sisulu, the names of all those thus far confined to house arrest were included. It was made known that a further 113 persons, acting in terms of a provision of the General Law Amendment Act of 1962, had applied for their names to be deleted from the list. The Minister had as yet made no decision. The names of those whose applica tions were refused would be published later.

FURTHER INSTANCES OF SABOTAGE, OCTOBER AND EARLY NOVEMBER A dynamite explosion caused considerable damage to a post office at the Wilberforce Institute, near Vereeniging, in August; and during the following month there were six cases of arson in Port Elizabeth and one in East London, causing limited damage. On two occasions telephone wires were cut in the former city, and an unsuccessful attempt was made to blow up a factory thereM). During the weekend of 6/7 October three further sabotage attempts were made in Johannesburg. According to an anonymous telephone message received by the Star, these were the work of the "Spear of the Nation". Electric power pylons were damaged in two

(5) Star reports. 13 August and 27 September. (6) Ibid, 8 October. 54 A SURVEY OF RACE areas, but without bringing down the high tension wires, and petrol storage tanks were attacked. New anti-government slogans were painted on walls( ). On the eve of Kruger Day (10 October), when several Cabinet Ministers were to address meetings, the police sealed off main roads in all provinces, and stopped and searched cars. Widespread attempts at sabotage were made during the following weekend. Extensive damage was done to an electrical substation in Johannesburg: again the Star was anonymously informed that the "Spear of the Nation" was responsible. Three bomb attacks were made in Durban-on a railway coach and offices of the police and Bantu Administration Department. One bomb exploded causing but minor damage, and the others were discovered in time and were rendered harmless. Bombs were thrown through the windows of administrative offices and a post office in African townships of Cape Town, and a post office in Paarl. Negligible damage was done. In one case only was there an arrest: the police fired on two Africans in Paarl, wounding and capturing one of them. Pro-Mandela slogans were painted on buildings. Once more, after this, the police set up road-blocks. On 20 October an explosion wrecked the offices of the Minister of Agricultural Economics and Marketing in Pretoria. The Sunday Times received an anonymous telephone call to the effect that this was the work of the "Spear of the Nation". A few days later a "proclamation", purporting to come from this organization, was sent to the Sunday Times, stating that the policy of the "Spear of the Nation" was to be "an eye for an eye, a tooth for a tooth, and a life for a life". It would "meet force with force, and fight until White domination is ended". Attempts were made, on 1 November, to blow up pylons carrying high tension wires in the Durban and Pinetown districts. The explosions interrupted the supply of electricity to parts of these areas for up to an hour. Railway lines near Port Elizabeth were tampered with during the week that followed, without causing accidents. On 10 November a telephone cable was severed at Athlone, Cape Town; and telephone lines in Port Elizabeth were cut on 13 November. At the time of writing several arrests had been made in Port Elizabeth. The police had offered special rewards for information leading to the apprehension of saboteurs*.

(6) Ibid, 8 October. *Subsequent developments are described in the Addendum. RELATIONS: 1962

GENERAL LAW FURTHER AMENDMENT ACT

No. 93 OF 1962

TERMS OF THE ACT

Section forty-four of the General Law Further Amendment Act states that anyone who commits an offence by placing any placard, poster, writing, sign, drawing or other mark on the property of any other person or the State, thereby defacing such property, shall be liable on conviction to imprisonment for a period not exceeding six months in lieu of or in addition to any other penalty which may be imposed in respect of such an offence. If the convicted person is over the age of eighteen years, and if the owner of the property does not apply for compensation, the court must, in addition to the penalty mentioned above, sentence him to a fine equal to the cost of restoring the property, or, in default of payment, to imprisonment for a period not exceeding twelve months. Any amount recovered by way of fine will be paid to the owner of the property.

THE PAINTING OF NEW SLOGANS

In spite of the promulgation of this Act, a number of new anti-Nationalist slogans were painted on walls, bridges, and build ings in Johannesburg, Cape Town, and other towns. On 26 October two Cape Town men were found guilty of doing this. Each was sentenced to a fine of R150 or 50 days', plus 3 months' imprisonment suspended for 3 years. In addition, they had to pay R4.20 to cover the cost of removing the slogans. A SURVEY OF RACE

STRENGTHENING OF DEFENCE DEPARTMENT

BUDGET SPEECH

In his Budget Speech(' ), the Minister of Finance said that South Africa should look to its defences, against aggression from outside, but also against lawlessness and subversion from within. South Africans had always been ready to make sacrifices when their national security was threatened. "I do not say that our national security is actually threatened now, but I say that it very soon will be, unless we are strong enough to deter a potential aggressor". The Minister asked the House for an amount of Ri19,695,000 on the Defence Vote (just over R48,000.000-or 67.3 per cent. more than in the Main Estimates for 1961-62). The total provision on the Revenue Account for all purposes was R790,800,000.

SPEECH BY MINISTER OF DEFENCE

When his policy was under review in the Senate, the Minister of Defence said(2) that military action against South Africa was being secretly planned by some Afro-Asian countries. As part of the cold war against the West, trained Communists had penetrated into many African states. This penetration was being followed by economic, technical, and military help. Collectively these states could muster a formidable force against South Africa. If the Republic became involved in a war because of aggression against it by a State not far from its borders, no Western Power would step in. The Republic would have to take a stand alone. It must be militarily strong, and must not rely on other nations to protect it, because then policies might be forced upon it which could not be reconciled with the policy considered essential for the peaceful survival of everyone in the Republic. The Whites should stand together in the face of the threat. The Minister added that South Africa did not stand alone in the East-West cold war as such. The West recognized its strategic value. South Africa's military policy remained one of co-operation with the West. Because of its withdrawal from the Commonwealth, the Republic was cut off from one of its main sources of information

(1) Assembly 21 March 1962, Hansard 9 cols. 2933, 2944. (2) 12 March 1962, Hansard 8 cols. 1836-46. RELATIONS: 1962 57 about the results of defence research. A South African Council for Defence Research was, thus, to be set up. The forces were being provided with modem aircraft, helicopters, ships, weapons, and other equipment. An arms and ammunition factory was ready to begin production.

NATIONALIST PRESS COMMENT

A leading article in Die Burger, published on 13 March, said that South Africans might have to accustom themselves to living with a trowel in one hand and a sword in the other. "We would be foolish not to take into account the possibility that we are destined, and fairly soon, to become a kind of Israel in a dominantly hostile Africa, and that this may become our national way of life for as long as we can see ahead", it said. But on 18 March the editor of Dagbreek urged a realistic approach and condemned "too dramatic reactions to the motivation by the Minister of Defence of his preparations". The creation of a crisis atmosphere would frighten away new citizens and new money. What the Minister apparently wanted to make clear to the country was that in a hostile continent there were those who would very much like to undertake military adventures against South Africa, and it would be folly not to bring the country's forces to the highest pitch of preparedness.

REMARKS BY THE PRIME MINISTER

Dr. Verwoerd subsequently said in the Assembly3) that the Minister of Defence had perhaps used "flowery language", but it was his task to attempt to make people realize the need for building up the country's military strength. Dr. Verwoerd did not expect international military intervention in South Africa, nor did he believe that there was any immediate threat of Afro-Asian aggression. He considered that certain Black states were "only boasting" when they talked of invading South Africa. But there was the danger that boasters sometimes tried to act boastfully.

STATEMENT BY THE INSTITUTE OF RACE RELATIONS

On 20 March the Institute of Race Relations issued a Press statemente ) saying that it had read with dismay the speech made by the Minister of Defence. This statement continued:

(3) 29 March and 11 April, Hansard 10 cols. 3443-55, Hansard 11 cols. 3764-5. (4) RR 59/62. A SURVEY OF RACE "While many African states have said that they wish to end South Africa's racial policies and have even threatened to use force, neither these threats nor the present international situation appear to warrant the Government's proposed action and alarming pronouncement. "It is the duty of all citizens, both White and Non-White, to defend their country and it is the duty of the Government, if rightly concerned with the security of our country, to call on all sections of the people to support it with a common loyalty and in a common defence. "But this use of an Afro-Asian threat of a 'war of liberation' serves only to divide the country. It builds up in the minds of the Whites, English and Afrikaans alike, an image of their Non-White fellow citizens as enemies and, at the same time, sows in our Non-White people a deep resentment towards their White fellow citizens. A divided country is highly vulnerable to outside attack. "The present policies of our Government are, we believe, the chief cause of this threat and it is by modification of policies, not by preparations for war, that the threat will be removed. It is the duty of all citizens to try to secure these changes. It is the responsibility of the Government to effect them".

CONTROL OF PUBLICATIONS AND ENTERTAINMENTS

PRESS CODE OF THE S.A. NEWSPAPER PRESS UNION

The terms of the Publications and Entertainments Bill of 1960, which was dropped, and of the Undesirable Publications Bill of 1961, which was sent to a Select Committee, were described in previous issues of this Survey(l). Early in 1962 the S.A. Newspaper Press Union, which is the association of newspaper proprietors, drew up its own code of conduct. Individual employers may decide whether or not they wish to accept it. A Board of Reference is provided for, composed of two managerial nominees under the chairmanship of a retired judge. Its function is to try to ensure that newspaper reports are

(1) 1959-60 page 32, 1961 page 87. RELATIONS: 1962 59 accurate and not offensive to decency. The Board may reprimand or severely reprimand any editor or journalist who is adjudged to have been guilty of an infringement of the code; and such repri mand will be published in other newspapers. Incorrect reports from South Africa in overseas papers can be similarly exposed on an order from the Board, and the correspondent responsible for the report can be named. On the other hand, newspapers can be protected from people wrongfully accusing them of misrepresentation. The critics can be named and the report upheld as correct in other papers. The final clause of the code states, "Comment (by newspapers) should take due cognisance of the complex racial problems of South Africa and should also take into account the general good and the safety of the country and its peoples". Critics maintain(") that this clause could be used to suppress criticism of the Government. The Chairman of the Select Committee on the Undesirable Publications Bill told the Assembly in February(3) that this com mittee was "of the opinion that if the proposed disciplinary board should succeed in persuading all its members to abide by the sug gested code of conduct the code will eliminate the evils which the legislation ... seeks to combat. Under the circumstances your committee considers that the S.A. Press Union should be given the opportunity to apply its proposed scheme in practice". He recommended that the legislation under consideration by the com mittee should not be made applicable to newspapers which were signatories to the code.

PUBLICATIONS AND ENTERTAINMENTS BILL

A new Publications and Entertainments Bill, drafted by the Select Committee, was published on 28 April, but was not debated in Parliament during 1962. Lawyers who have studied the Bill agree that it is complicated but disagree on certain clauses. What follows is a general summary rather than a legal analysis. The Bill provides for the establishment of a Publications Control Board to examine any publication or film submitted to it under the Act, or to make enquiries about any entertainment which is alleged to be undesirable. The Board will have not less than nine members, appointed by the Minister of the Interior, of whom at least three must be persons having special knowledge of art, language, literature, or the administration of justice.

(2) e.g. Mr. Alex Hepple, Rand Daily Mail, 19 April 1962. (3) 22 February 1962, Hansard 5 cols. 1431-2. 60 A SURVEY OF RACE Publications

A "publication" is defined as: (a) any newspaper not published by a member of the Newspaper Press Union, and (b) any book, periodical, poster, writing, duplicated or typed material made public, drawing, photograph, record, etc. A publication will be deemed undesirable, inter alia, if it or any part of it is indecent, blasphemous, offensive to the religious convictions of any section of the inhabitants of the Republic, brings any section of the inhabitants into ridicule or contempt, is harmful to the relations between any sections, or is prejudicial to the safety of the State, the general welfare, or peace and good order. This will not apply in records of proceedings of courts of law, nor in publications of a bona fide technical, scientific, professional or religious nature. If in any legal proceedings the question arises as to whether any matter is indecent, offensive, harmful to public morals, etc., it will be deemed so to be if it is likely to disgust or corrupt the minds of people likely to see it, or deals in an improper manner with matters subversive of morality. At present, publications produced in South Africa are free from censorship, but their publication and sale are governed by various obscenity ordinances which the Bill proposes to repeal. The Bill provides that the Board will have power, at the request of any person and on payment of the prescribed fee, to examine any publication and to state whether in its opinion it is undesirable. (Fees need not be paid by persons to whom any function has been assigned under this legislation or the Customs Act). The Bill does not say whether or not the author, printer or publisher of a South African publication will be given a hearing if someone else should refer this publication to the Board. The Board may grant permits, valid for a year, for the impor tation of paperbacks issued by specified publishers or of a particular class, and may prohibit the importation of publications. Its deci sions must be made known by notice in the Gazette. Should the Board decide that any publication is indecent or objectionable and that it is one of a series, it may publish the name of the publication in two consecutive issues of the Gazette. There upon every issue of the publication will be deemed indecent or objectionable until the notice is withdrawn. Persons who are aggrieved at a decision of the Board in regard to an imported publication may appeal within 30 days to the RELATIONS: 1962 courts of law. It would appear that, in terms of the Bill, there is no right of appeal in regard to South African publications. It is rendered an offence to publish or produce an undesirable publication, to distribute or display a publication which has in a prosecution been found to be undesirable, or is deemed to be un desirable by the Board (this decision not having been set aside by the courts), to import a publication after this has been prohibited by the courts, or, except under permit, to import a publication with a paper back of which the f.o.b. price does not exceed 50 cents. Prosecutions will be instituted only on the recommendation of the Board and the authority of the Attorney-General. Should the printer or publisher of a South African publication be prosecuted for producing a publication which the Board deems undesirable, he could defend himself in court, and there is nothing in the Bill to suggest that the court would be bound by the Board's decision. But even if the court should disagree with the Board's opinion and acquit the accused, the distribution of the publication would still be illegal, since the courts will apparently have no power to set aside an adverse opinion by the Board on a South African publication, although they will be able to do so in regard to im ported publications.

Films

No one may show a film which has not been approved by the Board; but the Board may exempt any particular film or class thereof. It may approve a film subject to the condition that it be shown only to persons of a specified group, race, or class, or only after specified portions have been excised. It will not approve any film which in its opinion, inter alia, depicts matter which prejudicially affects the safety of the State, may have the effect of disturbing the peace or prejudicing the general welfare, is offensive to decency, may offend the religious convictions of any section of the inhabitants, bring any section into ridicule or contempt, harm relations between any section, or tend to propagate or promote communism as defined in the Suppression of Communism Act. It may also disapprove of films which depict in an offensive way the President, armed forces, public characters, crime, lust, etc., or depict controversial or international politics, scenes of violence involving White and Non-White persons, or the intermingling of White and Non-White persons. Anyone who is aggrieved by a decision of the Board about a film may within 30 days, on payment of the prescribed fee, appeal 62 A SURVEY OF RACE to the Minister of the Interior, whose decision will be final and not subject to appeal to the courts.

Public entertainments

A "public entertainment" is defined as including any enter tainment at any place to which admission is obtained by virtue of membership of any association of persons, or for any consider ation, or any contribution to any fund. The Board may prohibit any such entertainment if it is satisfied that this may have the effect of giving offence to religious convic tions or bringing any section into ridicule, or is contrary to the public interest or harmful to morals. It will be an offence to give a prohibited entertainment. Anyone in charge of a place where a film is being exhibited or public entertainment given must on demand admit any policeman or other person who produces written authority for admission. Aggrieved persons may appeal within 30 days from decisions of the Board to the courts of law.

Penalties for any offence under the Act

First conviction-Fine of not less than R200 or more than R500, or imprisonment not exceeding three months, or both. Second conviction-Fine of not less than R1,000 or more than R2,000, or imprisonment not exceeding six months, or both. Third or subsequent conviction-Fine of not less than R2,000, or imprisonment not less than six months, or both.

Regulations

The Minister may make regulations dealing with meetings of the Board, fees payable to it, the form in which applications for permits or approval of films are to be made, etc.

RECENT DECISIONS IN REGARD TO PUBLICATIONS

Among the important books that were banned by the Board of Censors during 1962 were Mr. Patrick van Rensburg's Guilty Land, and the soft cover edition of Miss Nadine Gordimer's A World of Strangers. The Liberal Party protested to the Minister of the Interior, without avail. RELATIONS: 1962 63 In February 1962 the Speaker of the House of Assembly decided to withdraw Press Gallery and Lobby facilities granted to the Cape Times reporter, Mr. Anthony Delius. The editor was permitted to send another reporter in his place. A few weeks later the Sunday Times made a reference to this in its "Passing Show" column, upon which the Speaker withdrew these facilities for the Sunday Times as a whole. Two Afrikaans Sunday papers, Dag breek and Sondagblad, both urged the Speaker to reconsider this decision; the editor of the Sunday Times apologized and withdrew the remarks; and the Parliamentary facilities were then restored to his paper. A prosecution under the emergency regulations for the Transkei took place in September, when Mr. Peter Hjul, a director of Selemela Publications (the owners and publishers of Contact) was found guilty of publishing an article intended or likely to subvert or inter fere with the authority of the State or its officers. This article dealt with the activities of certain home guards in the Transkei. Mr. Patrick Duncan, the editor of Contact, had been charged jointly, but by then had left for Basutoland. A warrant was issued for his arrest. Mr. Hjul was fined R200. He appealed to the Supreme Court, Grahamstown; but on 6 November the appeal was dismissed. A further case, in which Mr. Hjul, Mr. Duncan, and Mr. Vigne were charged with the same offence, arising from the publication of a subsequent article on conditions in the Transkei, had been post poned pending the outcome of the appeal*.

*The outcome of a subsequent prosecution, and the banning of New Age, are described in the Addendum. A SURVEY OF RACE

THE POPULATION AND ITS REGISTRATION

PRELIMINARY RESULTS OF 1960 CENSUS Special Report No. 234, issued by the Government Printer during January 1962, gave the first results of the 1960 census by provinces, magisterial districts, metropolitan areas, and larger towns. The provincial totals were: Total Population White Coloured Asian African Total Cape.. 997,377 1,314,392 20,243 2,976,827 5,308,839 Natal.. 340,293 43,093 394,237 2,155,824 2,933,447 Transvaal.. 1,455,372 105,217 62,918 4,601,545 6,225,052 Free State.. 274,596 25,565 16 1,073,613 1,373,790 Total.. 3,067,638 1,488,267 477,414 10,807,809 15,841,128

Percentage increase over 1961 White Coloured Asian African Total Cape ... 7 34 14 19 20 Natal.. 24 37 32 19 21 Transvaal.. 21 40 28 32 29 Free State.. 21 74 39 35 Total.. 16 26 25

Percentage Urban White Coloured Asian African Total Cape.. 76 60 92 20 41 Natal.. 85 85 78 18 35 Transvaal.. 83 89 92 41 52 Free State.. 75 55 30 39 Total.... 80 30 44

Population of Metropolitan Areas White Coloured Asi an African Total Cape Town 278,555 365,475 9,1 34 65,025 718,189 East London 48,725 8,050 1,7 53 56,056 114,584 Kimberley 23,987 16,321 1,076 35,796 77,180 Port Elizabeth.. 94,085 60,914 4,1 65 111,651 270,815 Durban 194,276 25,638 231,3 85 204,071 655,370 Pietermaritzburg 39,472 4,606 21,7 41 29,305 95,124 Pretoria 202,664 7,225 7,8 05 202,359 420,053 Entire Witwaters rand 734,505 75,315 37,7 72 1,240,807 2,088,399 Johannesburg 389,690 56,951 27,0 69 622,831 1,096,541 Germiston 84,419 4,256 2,3 10 113,620 204,605 Benoni 41,305 5,399 2,9 89 85,774 135,467 Bloemfontein 61,213 6,242 3 73,466 140,924 Free State Gold Fields 46,082 - 117,017 163,605 RELATIONS: 1962 No official figures are yet available indicating the distribution of Africans between urban areas, "White" rural areas, and the Reserves. In a paper given in 1962(l) Professor 0. P. F. Horwood of the Institute for Social Research, University of Natal, said he estimated that some 41 millions (just over 40 per cent.) are in the Reserves, 3- millions (30 per cent.) in urban areas, of whom about half a million are migrant workers domiciled in the Reserves, and the rest, a little over 3 millions or somewhat less than 30 per cent., on White-owned farms and in other rural areas.

PROGRESS OF POPULATION REGISTRATION

The Population Registration Act and the Natives (Abolition of Passes and Co-Ordination of Documents) Act laid down that all residents of South Africa of the age of sixteen years and over would eventually have to possess identity cards which, in the case of Africans, are incorporated in their reference books. It is already compulsory for African men to have reference books. Proclama tion 268 and Government Notice 1722 of 26 October stated that as from 1 February 1963 it would be obligatory for Whites, Coloured and Asians to have identity cards and for African women to possess reference books. In reply to questions in the Assembly during February and April, the Minister of the Interior gave the following summary of the progress so far made( 2). Cards still to Cards Issued be Issued Whites ...... 2,039,000 About 40,000 Coloured ...... 704,505 About 111,000 Asians ...... 171,444 About 108,000 Africans ...... 6,862,400 Not stated

APPEALS AGAINST RACE CLASSIFICATION

The racial groups of members of the population are initially determined by officials of the Population Registration Office, on the basis of 1951 census returns supplemented by information which may have been received subsequently. This classification, after having been made, may be revised. Many people who were ori ginally classified as "White", for example, have later received letters from the Population Registrar stating that unless, within a specified period, they submitted objections, with supporting affidavits, they would be reclassified as Coloured.

(1) The Social Framework of Economic Development in a Dual Society: the Case of South Africa. (2) 13 February, Hansard 4 col. 993, and 23 February, Hansard 5 col. 1477, and 26 April, Hansard 13 col. 4443. 66 A SURVEY OF RACE Objections were at first considered by a central board of review. During September 1959 this was replaced by special appeal boards set up in Pretoria and Cape Town. A further change has recently been made: these boards have been disbanded and are to be re placed by local appeal boards, each presided over by a magistrate who will nominate two other members. According to officials, the new system is designed to speed up appeals and to enable people to lodge such appeals in their home districts( 3). Further appeal lies to the courts of law. The Minister said in the Assembly(4) that up to 27 March 1962 the Population Registrar had received 3,593 formal objections to race classifications, of which only a few hundred remained to be dealt with. Of the 297 people who had appealed against the deci sions of officials to the appeal boards or courts of law, 233 had succeeded, 46 had failed, and the remainder had still to be decided.

BIRTH AND MARRIAGE CERTIFICATES

Birth and Marriage certificates issued by the Registrar of Births, Marriages and Deaths are now available only in "abridged" form, unless required by a Department of State or the representative of a foreign Government. No indication is given of parentage or race.

BORDERLINE CASES

According to a report in the Cape Times (5), at the end of 1961 there were at least 20,000 people in the Cape Peninsula who still were uncertain whether they were officially to be White or Coloured. Cases of great hardship and humiliation are still reported. Towards the end of 1959 officials queried the classification of a Johannesburg family consisting of a father, mother, and six children, who had always lived, and maintained that they had been accepted, as White, and were so classified at the 1951 census. Their case was considered by the appeal board in Pretoria. The chairman, an ex-judge, was of the opinion that except for the father the family was White; but the two members of the board found that only the mother and two of the children were White, but in any case the whole family was accepted as Coloured. By majority vote the family was declared Coloured.

(3) Rand Daily Mail, 8 August 1962. (4) 26 April, Hansard 13 col. 4437. (5) Quoted in Race Relations News, February. RELATIONS: 1962 The father appealed to the Supreme Court, Pretoria, where the case was heard by Mr. Justice Snyman in November 1961. The judge is reported to have said that, so far as he knew, no court had attempted to define what the "appearance" of a White person was. He quoted the Section of the Act which defined a White person as one "who in appearance obviously is, or who is generally accepted as a White person". This definition does not include a person who, although in appearance is obviously White, is generally accepted as a Coloured person.

When the legislature used the word "obviously" it presumably meant obvious to the eye of an observer, the judge stated. After seeing the whole family he said his impression was that the mother and two of the children were obviously White-of the type of White person normally seen in South Africa. It appeared to him that the rest might have some foreign blood which might possibly be White blood of a Southern European group. It had not been proved that any of them were generally accepted as Coloured. He, there fore, found that they were all White. The appeal board was ordered to pay the costs of the application.

The family had undergone two years of strain and unhappiness before this decision was reached. For some time the children were out of school, and their parents' marriage broke up because the wife is reported to have blamed the husband for an incautious act which led to the original enquiry. Considerable legal costs were incurred during the earlier stages( 6).

According to another report(7) a Cape Town man who served in the S.A. Navy from 1940 to 1945 as a White, and who was awarded the Royal Humane Society's bronze medal for swimming three times through burning oil and wreckage to save torpedoed seamen, was re-classified as Coloured when he applied for his identity card in 1959. He was in receipt of a disability pension. In September 1962 he received a letter from the Department of Social Welfare and Pensions informing him that it had come to this department's notice that he was Coloured, and in the circum stances his pension would be reduced to Coloured rates( 8). An amount of R1.74 overpaid the previous month would be deducted from the next payment. The man, who has a wife and children, is reported to have said that, in addition to the blow to his budget, he would have to move to a Coloured group area. All of his asso ciates were Whites. It is understood that his classification is being reconsidered.

(6) Star, 21 and 24 November and 19 December 1961, Rand Daily Mail. 21 December. (7) Star, 2 October 1962, and Sunday Times, 14 October. (8) The rates of pensions are given in a subsequent chapter. 68 A SURVEY OF RACE CLASSIFICATION OF JAPANESE PERSONS

Faced with the loss of markets for certain South African pro ducts in Western Europe and in other African territories, the Govern ment has sent trade missions abroad to look for alternative outlets. Successful negotiations were conducted with various firms in Japan, and as a result Japanese businessmen visited South Africa in 1961 and 1962. It was announced by a "senior Government official" in Novem ber 1961 that White status would be conferred upon Japanese visitors('). Shortly afterwards a team of world champion Japanese swim mers toured South Africa. They were welcomed in most centres, but the Management Committee of the Pretoria City Council decided that they would not be permitted to compete against South Africans at a swimming bath in that city. The President of the S.A. Swimming Association immediately apologised to the Japanese swimming authorities and to the Japanese Consul-General in South Africa, and threatened that if the ban were not removed no future international fixtures would be held in Pretoria. The Management Committee rescinded its decision. In reply to a question in the Assembly as to the status of Japanese resident in the Republic, the Minister of the Interior said in February that in view of their small numbers they were not considered to be a separate group in terms of the Population Regis tration Act, but were classified as "Other Asiatics"(10 ). Pretoria drivers of buses reserved for Whites had been in structed to accept as passengers people attached to the Japanese or Chinese consulates. On 12 February one of them refused to pick up a member of the staff of the Japanese Consulate-General. He was strongly reprimanded by the municipal transport department, and apologies were made to the Consul-General. All Japanese are accepted as passengers in vehicles reserved for Whites in Johan nesburg and numerous other towns(" ) . A further statement was made by the Minister of the Interior in the Assembly during May(12 ). There were only about fifty Japanese in South Africa, he said, the majority of whom were not permanent residents. It was, thus, not practical or necessary to declare them to be a separate group under the Group Areas Act. They would for the purposes of this Act be treated as Whites, and would have access to areas and premises reserved for Whites. All eminent visitors from Asian or African states were also granted such facilities. (9) Rand Daily Mail, 25 November and 1 December 1961. (10) 9 February 1962, Hansard 3 col. 850. (11) Rand Daily Mail and Star, 13 February 1962. (12) 1 May 1962, Hansard 14 cols. 4769-71. RELATIONS: 1962 The Parliamentary correspondent of the Star pointed out(13) that the status of Japanese residents under other laws, for example the Separate Amenities Act, remained uncertain. They might find themselves legally excluded from park benches, swimming baths, certain public buildings, transport services, or beaches.

CLASSIFICATION OF CHINESE PERSONS

In his statement made in May, mentioned above, the Minister said, "The Chinese, who constitute a very peace-loving community of high standing, nevertheless consist of more than six thousand persons who are mainly located in a few centres as settled communi ties ... When taking any action in regard to them, the precedent it may set in regard to larger settled communities must be borne in mind." The Chinese had, thus, been declared a separate group for the purposes of both the Group Areas and the Population Registration Acts. Difficulties being experienced by Chinese people in certain towns under the Group Areas Act are described in a subsequent chapter. Chinese in the diplomatic service, in possession of documents issued by the Consul-General, are treated as Whites for all purposes. Most hotels, cinemas, theatres, and municipal transport services allow Chinese people to make use of facilities provided for Whites; but there are exceptions-as mentioned above only those on the staff of the Consulate-General may travel on buses reserved for Whites in Pretoria. Chinese may travel in "White" coaches of suburban trains. On long journeys special compartments are reserved for them at the end of the White coach that adjoins those reserved for Non-Whites, and they must have their meals served to them in their compartments.

THE SONG CASE

As has been mentioned, the Population Registration Act of 1950 laid down that a "White" person is a person who in appearance obviously is, or who is generally accepted as, a White person, but this definition does not include a person who, although in appear ance obviously White, is generally accepted as a Coloured person. The Minister of the Interior said in 1961(14) that the decisive test being applied was acceptance by the community. The small group of Japanese had been accepted by the White group as Whites.

(13) 2 May 1962, also Star, 10 March. (14) Senate, 14 April 1961, Hansard 10 col. 3092, and statement published in the Star, 17 May 1961. 70 A SURVEY OF RACE The same could be said for some Chinese as individuals, but not about the Chinese as a group. During March 1962 Mr. David Song of Durban, who had ori ginally been classified as Chinese, appealed successfully to the Board to be reclassified as White. He is reported('5) to have said, "For obvious reasons it is better to be White in South Africa". He was born in Canton and came to South Africa as a boy. According to the Minister(16) he is obviously Chinese in appearance. But his appeal succeeded on the grounds of general acceptance. It was stated in the Assembly (17) that 350 White people signed a petition stating that they had known Mr. Song for many years, that he associated freely with them, and that they accepted him as being White. About twenty Whites gave oral evidence to this effect before the Board. Although Mr. Song was reclassified as White, this did not apply to his wife or children. Members of the Opposition asked in the Assembly what the position of the family was under the Immorality and Mixed Marriages Acts. The Minister replied("') that they would not be affected, since the parents were married before the Mixed Marriages Act was promulgated. This measure had con doned all existing such marriages.

POPULATION REGISTRATION AMENDMENT ACT, No. 61 of 1962

Following the decision in the Song case, the Government decided to amend the definition of a "White" person. The Minister said(' 9 ) that in the past acceptability by the community had been considered to be the most satisfactory test. During the previous year there had been fifteen cases in Cape Town alone in which persons who had submitted the specified proof of acceptance as Whites had subsequently applied to have their classification altered to Coloured. They had found that they were not accepted as Whites by the White community generally, and felt unhappy. In the past, in cases of doubt, certificates of acceptance as Whites had to be furnished by two friends of the family and three people who were police officers, school principals, ministers of religion, employers, Senators, Members of Parliament or Members of a Provincial Council, the Minister continued. But the Song case showed that there were people who were prepared to testify that someone was so accepted when this was not the case. Possibly these people, as individuals, accepted the man concerned as being

(is) Rand Daily Mail, 9 March. (16) Assembly, 26 April 1962, Hansard 13 col. 4440. (17) By Mrs. Helen Suzmran. M.P., col. 4491. (t) Col. 4447. (19) Cols. 4436-41. RELATIONS: 1962 71 White; but the community in general did not do so. The "Government's humanitarian attitude had been grossly abused". In future it would be necessary to steer a middle course, en suring that acceptance and appearance were considered in con junction with one another. A person's descent would not be in vestigated as this would mean digging back into the past for proof, which was often unobtainable, the Minister said. The Amendment Act altered the definition of a "White" person to be a person who: (a) in appearance obviously is a White person and who is not generally accepted as a Coloured person; or (b) is generally accepted as a White person and is not in appear ance obviously not a White person, but does not include any person who, for the purposes of his classi fication under this Act, freely and voluntarily admits that he is by descent a Native or a Coloured person unless it is proved that the admission is not based on fact. The Minister said that in future a person would not be classified as White: (i) if he admits that he is of Non-White descent; (ii) if he ordinarily passes as being Coloured (even if he appears to be White); (iii) if by appearance he is not White (even though he generally passes as White). An Amendment Act of 1956 limited to thirty days the period during which a person could object to his classification by the Secretary of the Department, but the courts held later that this provision, as worded, was not peremptory. The new Act makes it clear that a person has the right to object to his classification within thirty days only of having become aware of it; but that the Minister is empowered to condone objections for a maximum period of a year in cases where there might otherwise be injustice due to factors beyond the objector's control. After objections have been heard by appeal boards there is, as before, a period of thirty days in which to make further appeal to the Supreme Court. The new Act provides that the Secretary of the Interior may instruct an official of the public service to investigate any matter in respect of which particulars must be recorded in the population register. The Minister explained( 20 ) that the Secretary previously had power only to ask persons to submit proof of the accuracy of details to be recorded. There was incorrect information on certain

(20) Col. 4445. 72 A SURVEY OF RACE 1951 census forms, on which the register was based, and the Secre tary must have the right to investigate the true facts. Members of the Opposition expressed the fear that borderline cases, already decided to the satisfaction of the person concerned, might be reopened(21). Fresh anxiety would be caused. The Minister said( 22) that "it is by no means our intention that a re classification campaign should be set in". Two further points were made by members of the Opposition (23). No matter how discreetly the Secretary carried out investigations, suspicion would be aroused which would never entirely disappear. Secondly, in view of the more stringent definition of a "White" person, cases might arise in which the children of parents classed as White in terms of the old definition found themselves officially classified as Coloured.

PROOF OF ACCEPTANCE NOW REQUIRED

It was reported in September 1962(24) that a young woman in Cape Town, who for two years had been endeavouring to prove that she was White, had given up in despair and had decided to leave South Africa. She is White both by appearance and accep tance, but on finding out that her father was born in St. Helena officials had queried her original classification as White. According to the report the woman forwarded eight letters from people who accepted her as White, one from her school, two from former employers, one from her church, one from an M.P., and three from family friends. But three weeks previously she had been informed that she had not complied with the requirements. "An enclosed form explained that deponents had to give their home and business addresses, the nature of their employment, their race group, how long they had known her, and describe their rela tionship to her. Deponents also had to say whether they accepted her on appearance as White without hesitation, whether they had visited her at her home, whether they associated with Europeans or Coloured people or both, whether they lived in a European, mixed or Coloured area, and whether they regarded their way of living as European or Coloured".

ELECTORAL LAWS AMENDMENT ACT, No. 72 of 1962 This measure provided that identity numbers must be shown in voters' lists, that identity cards must be produced to polling officers, and that, except at Coloured elections, election agents, polling agents, and messengers must be Whites.

(21) Co!s. 4447, 4488-9. (22) Cols. 4757-8. (23) Cols. 4464, 4454. (24) Sunday Times, 13 September. RELATIONS: 1962

IMMORALITY

CASES OF HARDSHIP UNDER THE IMMORALITY ACT

Mr. S. Singh, an Indian originally of Pretoria, went to Southern Rhodesia during 1961, and while there was legally married to a White South African woman. The couple arrived in Durban on 9 January 1962 and moved into a flat there. On 26 January they were prosecuted under the Immorality Act. Their trial took place on 10 February in the Durban Regional Court. The magistrate found them not guilty on the ground that in his opinion the State had failed to prove that Mr. Singh was domiciled in South Africa at the time of his marriage. But, as they risked further prosecution if they remained in the country, they left via Lourengo Marques for Tanganyika().

During September 1962 a young German ex-seaman and a Coloured girl were convicted of immorality by a Durban Court. They told the magistrate that they had fallen in love about a year previously but could not marry in South Africa. The man had tried to save money to take the girl overseas. When he heard that she was expecting a baby he jumped ship and sought work in Durban. Their child was now a year old. The magistrate sen tenced both of them to six months' imprisonment, suspended for two years on condition that during that period they were not con victed of a similar offence, and said he was suspending the sentences because of their youth and the facts that the man was not a South African and the girl had an unhappy home life(2).

There have been several cases, during the year, in which men accused of immorality committed suicide to avoid facing the court proceedings and publicity. One example is given. During May a couple in Durban was charged under the Immorality Act. The man was White, and the woman stated that she had always been accepted as White although she had been officially classified as Coloured. She had applied for re-classification. Three days before he was due to appear in court the man killed himself(3)

(1) Star, 10 February and 7 May 1962. (2) Star, 28 September. (3) Sunday Times, 13 May 74 A SURVEY OF RACE PROSECUTIONS AND CONVICTIONS UNDER THE IMMORALITY ACT

In reply to a question by Mrs. Helen Suzman, M.P., in the Assembly on 6 February 1962, the Minister of Justice gave the following figures indicating the numbers of convictions under the Immorality Act ( 4) : Year White Coloured Asian African Total 1950..... 135 64 2 64 265 1951..... 135 59 2 79 275 1952..... 152 62 1 98 313 1953..... 132 58 3 68 261 1954..... 188 79 2 91 360 1955..... 163 66 3 81 313 1956..... 159 74 3 69 305 1957..... 189 93 3 78 363 1958..... 246 111 3 97 457 1959..... 311 111 4 125 551 1960..... 224 94 6 103 427 He was subsequently asked how the number of prosecutions 5 compared with the convictions in 1960, and from his reply( ) it transpires that the position was: White Coloured Asian African Total Prosecutions 435 172 9 201 817 Convictions 224 94 6 103 427

IMMORALITY AMENDMENT BILL

On 23 February Mrs. Suzman of the Progressive Party intro duced the Immorality Amendment Bill as a private member's motion. The Bill proposed that sections of the Immorality Act dealing with sexual offences between White and Non-White persons should be deleted. Those dealing with other matters such as brothels, procuration, abduction, prostitution, etc. should remain. Mrs. Suzman pointed out(6) that between 1957 and 1960, 1,798 persons had been convicted for inter-racial sex offences, but a further 3,500 people were charged but not convicted. There was sensational publicity, much misery and degradation, and suicides had resulted. There was always the danger of blackmail. "Thousands of people have been publicly humiliated, have had their careers ruined and their family lives wrecked ... for a crime

(4) Hansard 3 col. 679. (5) Hansard 4 col. 1001. (6) Hansard 5 cols. 1531-42. RELATIONS: 1962 which is only a crime where colour is involved . . . What social conventions, morals, religious and ethical considerations cannot control, I do not believe that the law can control". Social reforms, rather than legislation, were required, Mrs. Suzman said. Mr. J. D. du P. Basson, then a member of the National Union Party, supported Mrs. Suzman, but the United Party moved that the Bill be referred to a Select Committee(7) . The Minister of Justice said, "I have not heard a single argument from the Hon. member which induces me to adopt the attitude that this Act, or any of its provisions, should be repealed"(8) . The debate on the Bill was not resumed.

THE AFRICAN RESERVES

DELIBERATIONS OF THE COUNCIL OF THE INSTITUTE OF RACE RELATIONS, JANUARY 1962

Papers given at the Institute's Council meeting in 1962 in cluded( ): The Principle of Maintaining the Reserves for the African, by Professor Monica Wilson. Economic Development in the Reserves, by Professor D. Hobart Houghton. Border Industries, by Harold Fridjhon. The findings of Council were: "The economy of South Africa is essentially a unity. Council is concerned about the prevailing economic stagnation in South Africa, the increase of unemployment, and the lack of employment opportunities for the growing population. "While supporting decentralisation of industry based on sound social and economic principles, the Institute fears that the Govern ment's policy of separate development will lead to fragmentation of the economy and the prolonging of the present stagnation without offering any acceptable political solution. In particular it fears that the policy of artificially fostering industry in the 'border areas' will result in the maintenance of the industrial colour bars and the restrictions on the mobility of labour which retard economic progress.

(7) Col. 1550. (8) CcA. 1554. (I) RR 9, 4 and 30 of 1962. Republished in Race Relations Journal, Vol. XXIX. No. 1. 76 A SURVEY OF RACE "It has become clear that the agricultural potential of the Reserves cannot support more than one-third to one-half of the existing population at a low level of subsistence, and that large numbers must be displaced if those remaining are to farm effectively and earn a living from the land. "According to the Tomlinson Report at least 300,000 families must find alternative employment. Council considers that they will have little hope of finding this unless the rapid growth of the whole South African economy is resumed. "Although when instituted the Reserves served a useful purpose, they are now an anachronism. However, the practice of reserving land for the use of Africans cannot be abandoned until their econo mic and educational opportunities are equal throughout the Repub lic to those of the Whites. "Council strongly commends efforts to rehabilitate the economy of these areas but points out that the existence of the Reserves as such is diverting attention from the need for the granting of rights to all races in a unified country. "Moreover, emphasis on the Reserves and the concept of separate development of different 'racial' groups in different areas creates uncertainty regarding the future political status of different parts of South Africa and the freedom of movement of goods, capital, and labour. It leads to the expectation of partition which we believe would be disastrous for all races. "The argument that a culture flowers best in isolation is con trary to observed facts. Culture cannot be static in a changing world, and its growth depends on the stimulus of new contacts and ideas. The argument that a separate African culture should be fostered and that Reserves are necessary for its growth is rejected. "Council therefore considers that policy should be directed towards the building of a common society in which the ownership and occupation of land and the access to jobs of all types are open to all".

THE PRIME MINISTER'S VIEWS ON THE FUTURE OF SOUTH AFRICA

A few days after the Institute's Council meeting Parliament reassembled for its 1962 Session, and the Prime Minister made an important policy statement expressing views diametrically opposed to those of the Institute(2). If it were possible to retain one state in which the White man could continue to exercise his historic rule, Dr. Verwoerd said, that

(2) Assembly, 23 January 1962. Hansard 1 cols. 70-72. RELATIONS: 1962 course would be preferred. But a throwing together of different communities into one common society, in a multi-racial state, could not ensure the maintenance of goodwill. The people of South Africa could not accept the consequences of having a multi-racial state unless the Whites, the Coloured and the Indians were prepared to commit race suicide. It was only through a policy of good neighbourliness that there could be any hope of eliminating racial hatred. Separate states must, therefore, ultimately be created for the Bantu, and the greatest possible degree of governmental separa tion must be given to the Coloured and Indians.

SELF-GOVERNMENT TO BE GRANTED TO THE TRANSKEI

The Prime Minister went on to describe his plans for granting self-government and Transkeian citizenship to the Bantu of that territory (3). He foreshadowed the broad outlines of the consti tution that was subsequently adopted by the Transkeian Territorial Authority (described later), and said that legislation dealing with this would in due course be introduced in Parliament. A governing body would be created in the Transkei, he con tinued, which would gradually take over full responsibility for the conduct of affairs there. For the time being the Republic would continue to act as ward. White public servants would train Bantu officials: a five-year programme of replacement was to be drawn up. Whites living in the Transkei would be represented in the Republic, while Transkeian Bantu in the White areas would have their representation in their home country. For the present, the existing boundaries were to be retained, but a lengthy process of consolidation was planned. The "white spots" would gradually be transferred to the territory of the Trans keian government, including, in the course of time, towns such as Umtata. Dr. Verwoerd went on to describe how the work of the Trans keian government would be financed. The direct taxes paid by Bantu under its authority (general and income taxes), collected both within and outside the territory, would be made available. Secondly, the Department of Bantu Administration and Development and the S.A. Native Trust would hand over sums which they at present spent on functions and services over which the Transkeian govern ment would assume control. And for the time being the govern ment of the Republic would contribute an additional sum. "It is difficult to say now what this amount should be, but if it is an amount like R2-million over and above the other funds which I have already mentioned, it will not deter the Government", Dr. Verwoerd said.

(3) Cols. 75-91. 78 A SURVEY OF RACE He then outlined development plans. A five-year plan for agriculture and the extension of roads, water and electricity supplies had already been drawn up, he said(4). The Bantu Investment Corporation, in which the Bantu had already invested R200,000, would prepare programmes to attract White money and initiative. Besides this a special development corporation would be established for the Transkei, to co-ordinate, promote, and accelerate economic activities there. This corporation would be of the nature of a "ward-entrepreneur". It would not itself acquire vested interests, but would utilize White initiative, managerial and training ability, skill, and money, without the profit motive, making use of the services of private firms "who are helpful and obliging but do not expect to acquire private ownership or a business or branch of their own within the Bantu area .. . As the latter (Bantu) learns to play his full r6le at the various levels of development, he will be given the opportunity to take over those undertakings". It was hoped that experienced industrialists would agree to guide and undertake mining development either on an agency basis or as employees of the development corporation or the Transkeian government. "If the Bantu, when they are in full control, wish to invite White firms, that is their affair", Dr. Verwoerd said. The Bantu at present in White areas "will have opportunities, and probably better opportunities, to play a greater r6le in the development there than anything they can enjoy here under the present circumstances .. . For the urban Transkei Bantu a rich field of opportunity is now being opened up." The Prime Minister explained that the relationship between the Minister of Bantu Administration and the Transkeian govern ment would gradually be modified. Eventually he would "exercise a function similar to that of the Minister of External Affairs, and that is to bring about good relations between the states and to undertake negotiations on matters of common interest."

BOUNDARIES OF THE RESERVES

In a further statement, made during April( 5), Dr. Verwoerd said that the boundaries of the Reserves would be altered to some extent in the course of time, as "black spots" and small isolated Reserves were exchanged for White land adjoining Bantu areas. But in places like Zululand, Natal, and the Northern Transvaal it would be impossible to consolidate all the Bantu areas. It would

(4) This plan is described later. (3) Assembly, 13 April 1962. Hansard 11 cols. 3924-33. RELATIONS: 1962 79 have to be accepted as a basic problem that some territorial authori ties would control various dispersed blocks of land.

TOWNS IN THE TRANSKEI

Dr. Verwoerd added that in small Transkeian towns, such as Cala, Bantu officials, clerks, and teachers would gradually take over from Whites. Cala was surrounded by a Bantu area. It would be pointless to develop a separate township there for the Bantu. Already Whites were leaving and the houses were becoming valueless. His policy was that the Bantu should occupy such towns bit by bit. In the course of time there would be similar developments in larger towns, such as Umtata, which were also surrounded by Bantu areas; but in these cases the transition period would be longer. Port St. John's, he said, was not a "white spot", since it was not surrounded by Bantu areas. The sea formed a link with the White state.

STATEMENT BY THE INSTITUTE OF RACE RELATIONS

Early in February Mr. Quintin Whyte, Director of the Institute of Race Relations, said in a Press statement, "While recognizing that the Government's proposals are a logical development of government policy, the Institute rejects these plans for the creation of self-governing, or independent, 'Bantu states' as any real solution to the human problems of the country, economically or politically". Mr. Whyte quoted the findings of the Institute's Council, pointing out that the establishment of such states would cause. the frag mentation and retardation of the economy. He continued, "Nor do the proposals represent any political solution to our racial problem. Two-thirds of the African people live outside the proposed 'states' and it is hardly likely that they will be prepared to regard the right to vote in elections for a 'heart land' parliament as a substitute for the right to franchise where they live and work .. ." While fearing that the proposals, if fully implemented, might ultimately increase racial antagonism, the Institute nevertheless welcomed plans for spending larger sums on the development of the Reserves, for giving greater local responsibilities to Africans, and for training African technicians and administrators, Mr. Whyte concluded. Over the years the Institute had consistently advocated these and similar reforms(6).

(6) Tht full statement was published in the February issue of Race Relations News. 80 A SURVEY OF RACE DEVELOPMENTS IN THE TRANSKEI Proceeding of the Recess Committee of the Transkeian Territorial Authority It was mentioned in last year's Survey(7) that at its 1961 session the Transkeian Territorial Authority appointed a recess committee to investigate the implications of the granting of self-government to the Transkei. During December 1961 the members of this committee visited Pretoria for consultations with the Prime Minister and members of his Cabinet, and thereafter drew up proposals for a constitution for a self-governing Transkei. The constitution was then drafted by a group headed by Chief Kaiser Matanzima, presiding chief of the Territorial Authority and head of the Emigrant Thembu. It was tabled at a meeting held in Umtata at the end of January, when minor amendments were made. The terms of this constitution are detailed later. Briefly, it provides for a Transkeian Legislative Assembly consisting of 64 chiefs and 45 other members elected by Transkeian citizens and persons outside the territory who pay taxes to the Transkeian government. Certain functions will be progressively transferred to this government while others will be reserved for the Republican government. Laws passed by the Legislative Assembly require the assent of the Republican State President. Not all the members of the recess committee were in agreement with this draft constitution. Paramount Chief Sabata Dalinyebo of the Thembu is reported(8 ) to prefer an arrangement in terms of which the Transkei would be a multi-racial state with the Whites and Africans having equal political, economic, and social rights. He would like all members of the Legislative Assembly to be elected, the chiefs constituting an upper House of Review. Para mount Chief Victor Poto of the Western Pondo is stated(9) to advo cate a far greater degree of independence for the Transkei than is proposed. During March the committee again visited Pretoria for dis cussions with the Prime Minister, the Minister of Bantu Adminis tration and Development, and senior officials. The Minister said later(' 0) that the Prime Minister had suggested that the number of members to be elected to the Legislative Assembly should be in creased from 30, as originally proposed, to 45. He continued, "There were one or two chiefs who hinted indirectly for a multi racial constitution ... My Secretary ... said, 'You must under stand clearly that we will not agree to a multi-racial constitution' . ..

(7) Page 98. (8) Rand Daily Mail, 22 February. (9) Ibid, 27 April. (10) Assembly, 9 May 1962. Hansard 15 cols. 5264, 5266. RELATIONS: 1962 81 But for the rest the Secretary did nothing to influence them in any way to do something which they did not want to do". All the members eventually signed the draft consitution. Paramount Chief Sabata said later(") he thought that as a govern ment servant he was obliged to do so. Thereafter, in spite of the prohibition of meetings of more than ten Africans imposed by the emergency regulations for the Transkei, members of the Territorial Authority were officially en couraged to call meetings of tribesmen to discuss the proposed constitution. It is reported( 12) that it was approved at a number of gatherings but was opposed at others, notably by Thembu and Western Pondo. During April a sub-committee of the recess committee held discussions with 64 prominent men from urban areas, most, but not all, of Xhosa extraction. Numbers of suggestions were made for alterations to the constitution, some of these along the lines of the schemes favoured by Paramount Chiefs Sabata and Victor Poto.

Meeting of the Territorial Authority

The 1962 session of the Transkeian Territorial Authority opened on 1 May. Some time before, the Institute of Race Rela tions wrote to the Minister of Bantu Administration and Develop ment and to Chief Matanzima suggesting that regulations pro hibiting gatherings should be lifted to enable the people to discuss the proposals freely. No replies were received. Large numbers of Special Branch detectives patrolled the streets of Umtata during the session. The homes of several Africans were searched. Groups who were opposed to the draft constitution were hampered by the ban on meetings of more than ten persons. In his opening address the Commissioner-General for the Xhosa, Mr. J. H. Abraham, talked of "prophets of doom" who wished to deride any attempt by White men and Black men to develop separ ately in a co-operative and friendly relationship. He said that self determination must come gradually, on the instalment system. The Secretary for Bantu Administration and Development, Mr. C. B. Young, said(13) "All talk of a multi-racial Parliament can be discarded straight away as a still-born conception".

(11) During the proceedings of the Territorial Authority. (12) Rand Daily Mail, 27 and 30 April and 1 May. (13) Proceeding of the Territorial Authority, 1962, page 33. 82 A SURVEY OF RACE Accounts of the procedure at the meeting have been given by Mr. J. C. M. Mbata( 14) and Mr. Allister Sparks(15). Councillor G. K. Makaula tabled a notice of motion calling on the chiefs to present the views of people in their areas to the recess committee so that these, and also the results of discussions with urban Africans, could be included in the committee's report. It had not met since the discussions took place. The rules of the Territorial Authority state that notices of motion tabled during a session must be referred to a revision committee which decides whether there is justification for placing them on the order paper. Paramount Chief Victor Poto, supported by Paramount Chief Sabata and Councillor S. S. Majek., requested an adjournment to allow the revision committee to consider this notice of motion immediately; but the chairman, Councillor C. W. Monakali, ruled that if it was decided to include the motion on the order paper, the views expressed by the people could be considered after Chief Matanzima had presented the recess committee's report. This ruling led to much confusion. Numbers of people appar ently thought that these views would be described before the debate on the constitution began. But Chief Matanzima then began read ing the draft constitution clause by clause, moving the adoption of each in turn. He was swiftly seconded, a few members said "agreed", and, according to Mr. Sparks, "the clauses shot through at the rate of one every fifteen seconds". In this way 23 clauses, including the one rejecting the principle of multi-racialism, were adopted in a single morning. After the lunch break Paramount Chief Sabata asked whether the debate on these clauses was closed. The chairman was urged to return to clause one, but refused, and in this was supported by the Secretary for Bantu Administration and Development. He again refused to allow the views of the people to be stated before the remainder of the constitution was considered. Councillor L. Ndamase, supported by Councillor K. Ndamase and Paramount Chief Sabata, moved an amendment to clause 24, which dealt with the composition of the Legislative Assembly. He proposed that all the members should be elected; but his amendment was heavily out-voted. After all the clauses, and the report as a whole, had been adop ted, the chairman said that the revision committee had accepted Councillor Makaula's motion that the views of the people should be expressed, but that Councillor Makaula was ill and, with the consent of his seconder, had withdrawn the motion. Paramount Chief Sabata rose to say that his people were opposed to the con-

(14) RR 88/62 (15) Rand Daily Mail, 21 May. RELATIONS: 1962 stitution. After the meetings he issued a Press statement to this effect. It was announced during August(16) that a meeting of about 500 Thembu had supported Paramount Chief Sabata's stand, and had appointed a committee to draft an alternative constitution. At the end of that month, however, the chairman of the committee, Mr. L. Majiji, was arrested on a charge of convening an unlawful meeting("). According to various reports(18) Paramount Chief Sabata was informed by officials that his constitutional committee could not meet, since the gathering at which it was elected had been held in contravention of the emergency regulations. Nine of the members then agreed to act as the Paramount Chief's advisers on the con stitutional issue: their assembly would not technically constitute a "gathering", since in terms of the emergency regulations gatherings of ten or more may not be held unless a permit is granted. The constitutional committee recommended, in its report, that the citizenship clause of the constitution be amended to include people of all races in the Transkei; and that the legislative assembly should consist of the 4 paramount chiefs and 105 elected members. On 2 November the members of the Dalinyebo Regional Autho rity, established for Paramount Chief Sabata's area, were summoned to Umtata for talks with the Secretary for Bantu Administration and Development and other officials. They were asked not to talk about the proceedings to Press representatives. Paramount Chief Sabata did so, however. He said it had been decided that the regional authority should be his personal advisory council, with powers to act for him in certain circumstances. It would replace his own traditional committee of advisers. He could not agree with this decision, for he lacked complete confidence in all members of the authority, some of whom were working against what he considered to be the best interests of the Thembu people. The regional authority is composed of the paramount chief, all subordinate chiefs in the area, any heads of district authorities who are not chiefs, one member of each district authority appointed by the Bantu Affairs Commissioner, one member of each district authority appointed by the authorities themselves, and one addi tional member appointed by the paramount chief. At the meeting with departmental officials the regional authority is said to have rejected the report of the constitutional committee.

(16) Rand Daily Mail, 13 August. (17) Ibid, 1 September. (18) Star, 2, 3 and 5 November; Rand Daily Mail, 7 November. 84 A SURVEY OF RACE The Draft Constitution

A Bill, based on the draft constitution, is to be submitted to Parliament in 1963. The following summary of the constitution that was accepted by the Territorial Authority is based on a docu ment prepared by Mr. J. C. M. Mbata( 19). The Transkei will become a separate territory with its own flag, to be flown side-by-side with the Republican flag, and its own National Anthem-Nkosi Sikelel' i-Africa. Its citizens (Africans only) will include all Africans domiciled in the Transkei, those out side who speak any dialect of Cape Nguni and owe no allegiance to any other territorial authority, and Sotho-speaking persons who have connections with the Transkei Sotho. Citizens of the Transkei will not be treated as "foreign Africans" when they are in the Republic. The official language will be Xhosa, but English, Afrikaans and Sesotho will be recognized for governmental, judicial and adminis trative purposes. There will be a Legislative Assembly consisting of the 4 paramount chiefs, 60 chiefs and 45 elected members. It will elect a chairman and deputy chairman. All citizens of the Transkei who are over the age of 21 years will have the franchise: those outside the territory will be registered in appropriate constituencies. All laws passed by the Assembly will require the assent of the President of the Republic of South Africa. He may refer legisla tion back to the Assembly for further consideration. The Cabinet, to be elected by members of the Assembly from amongst their ranks, will at first consist of a Chief Minister who will also be Minister of Finance, and five other Ministers holding the portfolios of Justice; the Interior; Lands, Agriculture and Forestry; Education; and Welfare and Labour. Provision is made for the enlargement of the Cabinet to include three more Ministers. The Republican Parliament will retain control over defence; external affairs; internal security; posts and telegraphs; railways; harbours; national roads; immigration; currency; public loans; customs and excise; and the Transkeian Constitution. It will also continue to deal with agriculture, soil erosion and veterinary ser vices; forestry; land settlement; water conservation and dams; and church, school and trading sites. To the Transkeian government will gradually be transferred the control of magistrates', chiefs' and tribal courts; population registration; registration of births. marriages and deaths; licensing;

(19) RR 109/62. RELATIONS: 1962 85 local African government; the territory's revenue and expenditure; bridges and roads other than national ones; education; welfare services; social pensions and grants; and labour bureaux. Certain other functions will be exercised by the Republican authorities until the Transkei administration is ready to take them over. These include health services and hospitals; economic development; mining; police, and prisons. Land and other public property owned by the Republican government, the Cape Provincial Administration, or the S.A. Native Trust, and held by them in connection with powers to be trans ferred to the Transkeian government, will become the property of that government subject to such reservations as may be determined. The creation of a Superior Court with the status of a Provincial Division of the Republican Supreme Court is envisaged; but the right of appeal to the Republican Appellate Division will be re tained. European staff will continue to be the responsibility of the Republican government, but will be seconded to the Transkeian government for as long as their services are needed. They will, however, be replaced by Africans "as circumstances permit". Provision is made for the creation of a Transkeian Civil Service Commission consisting of the Secretary of the Interior and two other persons who are not members of the Legislative Assembly. This commission will be responsible to the Transkeian Cabinet with whom will rest the final responsibility for the appointment and dismissal of African staff. It is recommended that the existing chieftainship structure be retained. A Paramount Chief in his own area will have a status superior to that of any Cabinet Minister, and the salaries of Para mount Chiefs will not be less than the salaries earned by Cabinet Ministers. The Bantu Authorities structure will also be retained until altered by the Legislative Assembly.

People of Xhosa origin living outside the Transkei

It is of interest that perhaps more than 40 per cent. of the people of Xhosa origin are living outside the Transkei and Ciskei at any one time, some of them as migratory workers. The Minister of Bantu Administration and Development has said that, according to the 1960 census, there are approximately 3,423,000 Africans of Xhosa origin( 20 ). Preliminary 1960 census

(20) Assembly. 5 May 1961, Hansard 15 cols. 5958-9. A SURVEY OF RACE figures showed that there were 1,383,673 Africans in the Transkei (40.4 per cent. of the total of Xhosa origin), and 469,892 in the Ciskei and Herschel (13.8 per cent.). This would leave 1,569,435, or 45.8 per cent., who were in other areas. There are no official figures to indicate how many of these are migrants, temporarily away from home, but large numbers must undoubtedly be resident in the towns or on farms of Whites. Should many of those who are of Transkeian (rather than Ciskeian) origin register, a considerable proportion of the voters in the Transkei will be people who live outside the territory.

Coloured and White people in the Transkei

The Prime Minister made a statement in the Assembly on 13 April about the future of Coloured people in the Transkei (21) . The 1960 census showed 13,716 Coloured in the Transkeian terri tories as a whole, but considerable numbers of these live in dis tricts such as Mount Currie and the part of Matatiele which will remain "White", and numbers more live in the larger towns. There are, for example, 1,109 in Umtata. Dr Verwoerd said, "In the first place there are the Coloureds in the White areas, in the towns that remain White areas. Their position.., is precisely the same as those of the Whites who remain in those areas. They remain under the control of the Republic of South Africa . . . "Then there are the Coloureds who will be in the Bantu controlled area, and here we ... find two types. There is the one type who is on a par with the White traders ... There is another group... who have become absorbed into the Bantu community... (The latter) will probably have to be classified as Xhosa citizens. "Those who have retained their identity (include) a section occupying certain areas as agriculturalists, for example at Rietvlei and Umzimkulu. They present a special problem. . . which it will probably be possible to solve only by a means of resettlement... in another agricultural area that will be under the control of the Department of Coloured Affairs. If that is what they desire, then it will be possible to plan accordingly". The Government has set up a special committee to investigate the possibility of removing Africans from the Western Cape. It is reported( 22) that this committee has considered the "exchange" of some of them for Coloured people in the Transkei. But, on the other hand, Mr. C. I. R. Forteyn, a member of the Coloured Ad-

(21) Hansard 11 cols. 3923-4. (22) Star, 26 April 1962. RELATIONS: 1962 visory Council who lives at Kokstad, has said that if the Coloured people have to move they would prefer to be given land near Kok stad and Umzimkulu, adjoining the Natal border( 23). At the request of a deputation appointed by White settlers in the Transkei, the Prime Minister has agreed to appoint a fact finding commission to investigate their future position(24).

Bantu Authorities in the Transkei

Subordinate to the Territorial Authority in the Transkei are nine regional authorities, 26 district authorities (one of which acts also as a regional authority and is here included under both heads) and 126 tribal or community authorities. After the disturbances that took place in this territory during 1960 and 1961 (25) the Minister of Bantu Administration and Devlel opment said he had appointed a departmental committee consisting of experienced officials, African chiefs, and councillors to go into the whole question of how certain changes in the working of the Bantu Authorities could best be effected for the Transkei.

In terms of the Bantu Authorities Act, in African areas other than the Transkei the chief is head of the tribal authority, and he nominates the majority of the members in accordance with local law and custom, the Bantu Affairs Commissioner appointing the remainder. The members of regional and territorial authorities are selected or elected from amongst the tribal councillors. It is only in the Transkei that ordinary citizens have had any voice in the appointment of councillors. About one-third of the members of tribal authorities are elected by taxpayers acting in consultation with the chief, and subject to Departmental veto. District authorities are composed of all the chiefs in the area, together with four persons appointed by the heads of tribal authori ties, two appointed by taxpayers' representatives on the tribal authorities, and two appointed by the Bantu Affairs Commissioner. The general taxpayers' representatives have no separate vote above this level, that is, in the selection of the members of regional and territorial authorities. The people have demanded a greater voice in the election of councillors, and it is reported( 21) that this is to be granted to them.

(23) Ibid, 30 April. (24) Ibid, 11 June. (25) See 1961 Survey. pages 42-52. (26) Star, 7 August 1962 A SURVEY OF RACE Training of African Administrators in the Transkei

It was announced during November 1961(70 that Messrs. D. S. Stofile and C. W. S. Mncwanga, two senior clerks with legal qualifications, were to be trained as Assistant Bantu Affairs Com missioners. Further posts for African senior clerks, interpreters, and prosecutors were to be created. The course provided for the sons of chiefs at Jongilezwe College near Tsolo was described in last year's Survey( 28 ). From 1963 a one-year administrative course will be available for matri culants. Accommodation will be provided for twenty students. Besides doing theoretical work they will be given practical training in the offices of Bantu Affairs Commissioners, in such matters as handling revenue, records and correspondence; registering births and deaths; court work; and the administration of the Bantu Authorities system(2 9).

THE ADMINISTRATION OF OTHER AFRICAN AREAS

The Ciskei

The African "homeland" in the Ciskei, like all other "home lands" except the Transkei, consists of a number of scattered Reserves. Efforts are being made to consolidate these to some degree by moving people from the "black spots" and smaller Reserves. As will be described in a subsequent chapter, the Govern ment is hoping that "border" industries will be established in the area to the north of East London. In terms of the Native Law Amendment Act, No. 46 of 1962, the S.A. Native Trust exchanged a small area near to this city for another further north where it plans that industrial workers will be housed. Plans for African settlement have met with some opposition from Whites: a meeting of the Border Farmers' League decided to oppose all further purchases of land for African occupation in the Eastern Cape( 30 ). In parts of this area there are large numbers of African squatters for whom homes will have to be found-people who at present have nowhere where they can legally live. Mrs. H. Suzman, M.P., described the plight of squatters in the Cradock district(3 1). The Bantu Authorities system is widely developed but does not yet cover the whole of the Ciskei. In the Glen Grey area, for

(27) Rand Daily Mail, 10 November and 22 December 1961. (28) Page 101. (29) Race Relations News, September 1962. (30) Race Relations News, January 1962. (31) Assembly, 10 May 1962. Hansard 15 col. 5432. RELATIONS: 1962 89 example, the old district council has apparently not been dis established, and no tribal authorities have been set up. Three of the old local councils are still officially in existence. The Ciskeian Territorial Authority was established in March 1961. As at the end of September 1962 there were, subordinate to it, eight regional authorities and 31 tribal or community authorities.

Western Areas

In the Western Areas, too, certain "black spots" have been removed. There was much resentment in November 1961 when the Department expropriated a farm owned by a group of the Ba Hurutshe tribe about 13 miles from Zeerust where, it is reported( 32), they had lived since 1894. They were given three months' notice to leave, promised compensation, and offered alternative land near the Bechuanaland border, adjoining that occupied by their kins men. A few accepted this offer, but nearly 300 at first refused to move and appeared in court charged with wrongful occupation of a farm now belonging to the Department of Lands. The Tswana Territorial Authority, established in April 1961, was formally inaugurated during December of that year. Its first chairman, Chief T. R. Pilane, is reported to have said that all people with self-pride wanted independence. It would not be surprising if his Territorial Authority asked for this (33). As at 30 September 1962 there were seven regional authorities, one tribal authority also acting as a regional authority and 55 other tribal or community authorities in the Western Areas. The system was not yet complete. No regional authorities had been set up in the Ventersdorp, Lichtenburg or Postmasburg districts, and not all the tribal authorities in the Vryburg or Rustenburg areas had been grouped under regional bodies. The local councils in Rustenburg and Kuruman had not been disestablished, although Bantu Authori ties were functioning in the same areas.

Free State

There are two tribal authorities in the Witzieshoek Reserve, both also functioning as regional authorities, while at Thaba 'Nchu there is a regional and also a tribal authority. It remains to be seen under which territorial authority they will eventually be grouped.

(32) Star, 10 November, Rand Daily Mail, 14 November, 1961. (33) Rand Daily Mail, 13 December 1961. A SURVEY OF RACE

Northern Areas

The Bantu Authorities system is \vell developed in the Northern Areas. There are three territorial authorities: the Lebowa Authority for the Northern Sotho; the Matshangana Authority for the Tsonga; and the Thoho-ya-Ndou Authority for the Ba-Venda( 34) . Their areas of jurisdiction are not clear-cut, for all three authorities have subordinate bodies in the Letaba district: and both the Tsonga and Venda authorities have regional authorities in the Sibasa district. In Pilgrims Rest (Bushbuckridge area) there is one regional authority forming part of the Tsonga Territorial Authority; another regional authority not as yet linked with any territorial authority; and some groups of people have not yet established tribal authorities. The Venda Territorial Authority has further regional bodies in the Louis Trichardt district; while the Sotho Territorial Authority has regional bodies in the Potgietersrus, Pietersburg, Lydenburg, and Groblersdal areas. By mid-November 1962 there were 13 regional authorities, 5 tribal authorities also acting as regional authorities, and 105 other tribal authorities in the Northern Areas. An important cause for initial delay in applying the system was the fact that the inhabitants belong to a variety of tribes who live interspersed with one another. In places such as the Bush buckridge area large numbers of Africans have been moved to facilitate the establishment of tribal authorities. Various "black spots" have also been eliminated. Three pre viously separated groups of Bakopa have recently been moved to a new tribal area to the north of Groblersdal. One of these groups, consisting of some 1,200 families, was transferred during June. The people were allocated 11,000 morgen in exchange for 6,200 morgen, and given full tribal ownership instead of merely occupation rights. In such cases cash compensation is made for improvements and "inconvenience"; transport is provided for the people and their possessions, including roofs and doors of huts; tents are made available at the new site until huts can be erected there; and water supplies are ensured( 35 ). Some removal schemes have been resisted. A group of Bapedi tribesmen, for example, who were told to move from a farm near Middelburg to Sekhukhuneland, sixty miles to the north, at first refused to go, being reluctant to leave a farm where they had lived for more than seventy years(36).

(34) Government Notices 1274 of 10 August 1962 and 1863 of 9 November 1962. (35) Digest of South African Aflairs, 9 July, and Rand Daily Mail, 28 March and 6 June 1962. (36) Rand Daily Mail, 28 March and 2 May 1962. RELATIONS: 1962 91 At the time of writing no Bantu Authorities were functioning in the Bapedi area of Sekhukhuneland, where the tribal authority was disestablished in 1957 after serious disturbances had occur red (37). Two local councils apparently still existed, in the Letaba district.

Natal

An inter-departmental committee has been examining land holdings of the State, White farmers, and Africans in Natal and Zululand. According to the Minister of Bantu Administration and Development(38 ) about 307,468 morgen must still be found in this province to provide the full quota promised to the South African Native Trust in 1936, plus some 73,383 morgen to compensate for the removal of "black spots". Press reports(39) state that the overall plan is to create wide White corridors from the north to the south of Zululand and to the bays that can be developed as harbours; to re-settle the area that will be irrigated after the Pongola dam has been completed; to eliminate "black spots"; and to move the people from smaller Reserves to areas adjoining the main blocks of Black territory. This may involve moving 200,000 Africans. Even if such a plan were carried out the African areas would still be widely dispersed. Various Ministerial statements have dealt with aspects of these plans. The Minister of Bantu Administration and Development announced in the Assembly on 11 May that there was no thought of handing over Kosi Bay or Sordwana Bay to independent states. The latter was to be developed as an important harbour. These bays would be linked to White areas by White corridors. The Minister of Lands said(4 0 ) that, while the camping site at Sordwana Bay is on State land, the road to it passed through South African Native Trust land. "Some arrangement or other will have to be made there", he added. On 15 June the Minister of Labour, on behalf of the Minister of Lands, said in the Senate( 41) that the Natal Parks, Game and Fish Preservation Board was to receive State lands known as the Corridor, Okuku and Fuleni in exchange for the Mkuzi game reserve, but squatters in these areas would first have to be removed. They lie to the west and south of the Umfolozi game reserve, and will form part of the proposed White corridor from north to south.

(37) See 1957-58 Survey, pages 72-76. (38) Assembly, 13 February 1962, Hansard 4 col. 992. (39) Rand Daily Mail, 21 January and Sunday Times, 21 January and 22 April 1962. (40) Assembly, 13 March 1962, Hansard 11 col. 3990. (41) Senate, Hansard 18 col. 5335. 92 A SURVEY OF RACE The Mkuzi game reserve is apparently to be handed over to the Native Trust. Some Africans have lived in the Okuku area for many years, while others in the area are said to be "illegal squatters" who have moved in recently. All these people were served with eviction orders during May, but many of them failed to move. Eventually the police destroyed a number of huts. On 3 July the Chief Bantu Affairs Commissioner for Natal said that people living illegally in about 120 kraals would have been moved to new homes by the end of that week( 42). The Pongola Dam is being constructed in a narrow valley in the Lebombo Mountains in northern Zululand, just to the south of Swaziland. According to the Minister of the Interior( 43) the dam will make it possible to irrigate about 54,000 morgen in Zulu land. Some 37,000 Africans are living on this irrigable land. The Minister of Lands said( 44) that part of the area will be allocated to Africans and part to Whites, but small African Reserves in the proposed White portion will be removed. Thousands of squatters on State land to be sold to Whites will also have to move. As mentioned in previous issues of this Survey(45), there are very few Whites in the area at present. The portion of northern Zululand known as Tongaland was never conquered by Whites. In 1896 the Africans there signed an agreement in terms of which they were granted British protection, and the following year the territory was annexed to the colony of Natal. It is reported( 46) that the people claim that it should not have been included in the Union in 1910.

The Minister of the Interior reported to the Senate (47) that an inter-departmental committee had recommended that an experi mental farm be established in the irrigable area to investigate cul tivation problems and diseases and pests of the crops for which the land is considered suitable. According to the Press( 48) plans have been discussed by the Department with local farmers for the removal of about 20,000 Africans from "black spots" in the Ladysmith and Dundee areas. The Department has also been negotiating with missions for the removal of Africans from scattered mission stations in "White" areas. At the time of writing the Anglican mission, Evangelic

(42) From reports in Sunday Times, 4 February, Star, 26 June, and Rand Daily Mail, 3 and 7 July 1962. (43) Senate, 16 March 1962, Hansard 8 cols. 2120-1, also 23 March, Hansard 9 col. 2413. (44) Assembly, 13 March, Hansard 11 col. 3990. (45) e.g. 1959-60, page 111. (46) Sunday Times, 22 April. (47) Senate, 16 March 1962, Hansard 8 col. 2121. (48) Rand Daily Mail, 30 May. RELATIONS: 1962 93 Lutheran mission, and Roman Catholics had lodged objections to such schemes( 49 ). Alternative land will have to be found for large numbers of "illegal" squatters from the Umlazi Mission Reserve, near Durban. Comparatively slow progress has been made with the establish ment of Bantu Authorities in Natal, partly because of opposition to the scheme and partly because in certain areas the Department is first undertaking removal schemes. It has been stated that a territorial authority will be established before the end of 1962. As at the end of September 1962, 9 regional authorities and 95 tribal or community authorities had been established. There were as yet no tribal authorities in the Melmoth area, or in Mahlabatini or Hlabisa in Zululand, in the Inanda, Polela and Impendle districts of southern Natal, and in parts of the mid lands, Newcastle and Estcourt for example. In other areas, for example Umvoti, Umlazi, Ixopo and num bers more there were some tribal authorities, but as yet no regional bodies. The local councils at Umlazi and Msinga had not been dis established. On 23 October an African appeared for the first time as a law official on the Bench in Natal. He is Mr. C. W. S. Mncwango, Assistant Bantu Commissioner at Nongoma.

TOTAL NUMBERS OF BANTU AUTHORITIES

To summarize, by mid-November 1962 there were 6 territorial authorities, for the Xhosa in the Transkei and in the Ciskei,%the Tswana in the Western Areas, and the Tsonga and BavendaLand many of the Northern Sotho people in the Transvaal. According to the original plan such bodies have still to be established for the Southern Sotho, Zulu, and Swazi groups. There were 47 regional authorities, 8 tribal authorities also acting as regional authorities, 415 other tribal authorities, and, in the Transkei, 26 district authorities. In numbers of districts the scheme was incomplete.

THE HIGH COMMISSION TERRITORIES

At the time of Union, in 1910, it was envisaged that the three High Commission Territories would eventually be transferred to South Africa. As recently as June 1956, at the close of a Common (49) Sunday Times, 23 and 30 September and Rand Daily Mail, 2 October 1962. 94 A SURVEY OF RACE wealth Prime Ministers' Conference, the Commonwealth Relations Office issued a statement to the effect that the South African repre sentatives had reiterated their Government's desire for the transfer of these territories, but that no agreement with Britain had been reached. The Tomlinson Commission (50) , of which the present Minister of Bantu Administration and Development was a member, envisaged that it might eventually be possible, if the High Commission Terri tories become part of South Africa, for the Bantu areas to be consolidated into seven main blocks according to the "cultural historical cores" of the people. The Commission pointed out that the "heart-land" of the Southern Sotho people was Basutoland, that of the Tswana, Bechuanaland, and that of the Swazi, Swaziland; and recommended that territorial authorities for these groups should be based on the territories mentioned. When the Tomlinson Report was being debated in the Assembly during 1956 Dr. Verwoerd, then Minister of Native Affairs, expressed the Government's opposition to the development of industries in the Reserves by White capital and under White control. He continued, "That is also the reason why we must be so serious in our efforts to bring the Protectorates ...under the guardianship of the Union, because Natives in the Protectorates are exposed to precisely that same policy"(5). Since 1956, however, the Government has realized that it is useless to continue hoping that Britain will hand over control of these territories to South Africa. When opening the Nationalist Party Congress in September 1962 Dr. Verwoerd said that the in corporation of the High Commission Territories into the Republic was not practical politics. But it would be possible to establish good relationships provided that Britain and the administrations of the territories wanted co-operation and friendship 52 ). It has not been announced how this will affect the establish ment of territorial authorities for the Southern Sotho and Swazi groups. Negotiations for a modification of the boundary between Swaziland and the Republic are said to be in progress( 53). South Africa would like to acquire land around Gollel, in the south-east of Swaziland, which will be inundated or irrigated by the Pongola dam. The Swazi want to buy certain farms adjoining the western border of their territory, between Piet Retief and Oshoek.

(50) Commission on the Socio-Economic Development of Native Areas within the Union of South Africa. Report released during March 1956. U.G. 6111955. (51) Assembly, 20 January 1956, Hansard 1 col. 192. (52) Rand Daily Mail, 5 September 1962. (53) Star, 5 September 1962. RELATIONS: 1962 95 THE EXTENT OF THE RESERVES

The Reserves consist, firstly, of the scheduled areas which are, in the main, the areas occupied by Africans at the time when the Natives Land Act of 1913 was passed (there have been certain changes). The exact extent of these areas is not accurately known because much of the land has never been properly surveyed, but they measure approximately 10,729,433 morgen.

Secondly, between 1913 and 1936 Africans acquired about 1,440,137 morgen in areas recommended by various commissions for "release" to them.

The Native Trust and Land Act of 1936 provided that 7j million morgen of land (the released areas) should gradually be added to the Reserves. According to the 1960-61 Report of the Controller and Auditor-General (5 4) , as at 30 March 1961 the fol lowing areas had been added: Morgen Land owned by the Crown and since vested in the Native Trust ...... 1,787,147 Land purchased by the Trust ...... 2,673,465 Land purchased by African tribes ...... 387,838 4,848,450

The Government will have to acquire additional land, besides the balance of the 7 million morgen, for the resettlement of Africans who are removed from "black spots". According to an official publication( 55) the total area of these "black spots" before removal schemes began was 173,199 morgen.

The Minister of Bantu Administration and Development said in May 1962(56) that by then the people had been removed from 22 "black spots" in the Transvaal, more than 17,000 morgen in extent; from 24 in the Cape measuring 32,736 morgen; and from 22 in Natal (area not stated). Earlier, in March, he said(5 7) that 251 "black spots" still existed, with a total area of 73,383 morgen. One Section of the N,-tive Law Amendment Act, No. 46 of 1962, made it clear that the Native Trust has the right to purchase a commonage or portion thereof which a local authority wishes to sell. This would apply to towns in the Reserves such as Umtata.

(54) Part III R.P. 10/1961. page 503. (55) Bantu, July 1961. (56) Assembly, 9 May 1962, Hansard 15 col. 5274. (57) Assembly, 23 March 1962, Hansard 9 col. 3075. 96 A SURVEY OF RACE FIVE-YEAR PLAN FOR DEVELOPMENT OF THE RESERVES

During January 1962 the Minister of Bantu Administration and Development made reference in the Assembly to a five-year plan, which had been commenced in April 1961, for the develop ment of the Reserves. This plan was not tabled: the Minister said that Members of Parliament could see it in his office if they wished. The information given below has been compiled from various sources(58). The Government proposes spending Rl14,342,269 during the period 1961-2 to 1965-6. This sum excludes amounts to be spent on health, education and other services, and on commercial and industrial development. The following schemes are planned: 90,155 houses to be built in 33 villages; 5,000 further plots to be prepared for sale to Africans; houses for staff, stores and workshops to be built; 2,761 miles of roads and 71 bridges to be constructed; a further 14,911 morgen of land to be irrigated, and 8,743 families settled there; 1,329 dams and 1,531 boreholes to be provided; 7,859 miles of contour banks to be constructed; 72,428 miles of grass strips to be planted; 30,000 miles of boundary and soil conservation fencing to be erected; 12,704 morgen to be developed as non-commercial forests to provide firewood and building materials; 30,561 morgen to be developed as commercial forests; 10,000 morgen to be planted with fibres; 129 new dipping tanks to be constructed; 38 additional stock pens to be provided for stock sales. The anticipated expenditure on these items is: R Houses and development of villa8ges .. 75,949,500 Staff accommodation, stores, worrkshops 2,122,900 Roads and bridges ...... 3,349,650 Irrigation...... 6,945,200 Dams and boreholes 3,946,040 Contour banks and grass strips 1,150,000 Afforestation...... 8,999,108 Fencing 9,901,332 Fibre cultivation ...... 1,777,703 Dipping tanks...... 156,600 Auction pens for stock 44,236 R 114,342,269

(58) Bantu, March 1962; Digest of South African Affairs, 29 January; article in the Cape Times republished in Race Relations News, February; Star, 27 January. RELATIONS: 1962 97 It is also planned that 231 additional milk producing schemes will be organized on a self-financing basis. The Rand Daily Mail(59) drew attention to the large proportion of the total sum that is to be spent on the development of villages, some of which will merely replace existing townships which are considered to be too near to White areas. This subject is dealt with in a subsequent chapter.

EXPENDITURE FOR THE CURRENT YEAR

In his Budget speech( 60 ) the Minister of Finance said that until a few years previously the grant to the South African Native Trust Fund for the purchase of land and the development of Bantu areas had been voted on the Loan Account. In 1958 it was transferred to the Revenue Account on the ground that it did not result in the acquisition of permanent assets by the central government as such. But, the Minister said, a very large proportion of this expenditure did in fact result in the creation of permanent assets for the State in the wider sense. The present generation of taxpayers should not be asked to bear the whole burden. For this reason part of the money required would be drawn from the Loan Account and the remainder from the Revenue Account. During the year 1961-2 a sum of R17,500,000 had been pro vided as a grant-in-aid to the Native Trust, of which some R5,500,000 would probably be unspent. Development plans were now being accelerated, however, and the Department expected to require R25,200,000 during 1962-3 for the following purposes: R2,000,000 for the purchase of land; R8,100,000 for establishing villages; R1,800,000 for irrigation and water supplies; R1,700,000 for soil reclamation; R2,000,000 for forestry development; R1,900,000 for buildings such as agricultural schools and youth camps; R1,000,000 for machinery, equipment and electricity supply; R6,600,000 for general development. (A sum of RI00,000 was not accounted for.) It would, thus, be necessary, the Minister said, to supplement the unspent balance of R5,500,000 by voting R19,700,000, of which R10,000,000 was included in the Loan Estimates and R9,700,000 on the Revenue Account.

(59) 16 April 1962. (60) Assembly, 21 March 1962. Hansard 9 cols. 2940-1. 98 A SURVEY OF RACE AGRICULTURAL DEVELOPMENT

Betterment Schemes

At the Council meeting of the Institute of Race Relations in 1962, Professor D. Hobart Houghton described rehabilitation schemes in progress in proclaimed "betterment areas" in the Reserves(61). The locations are divided into areas for human habitation, arable purposes, and pasturage; stock limitation is enforced; water supplies provided; and anti-soil-erosion measures adopted. The arable and grazing area is then re-allocated to those inhabitants who previously had land rights. Those who previously had neither land nor cattle receive a hut site and garden only, or are encouraged to move to a rural village. He was impressed, Professor Hobart Houghton said, by the care, the tact and understanding shown by many agricultural officers. Plans were discussed at each stage with the inhabitants and suggestions were welcomed. In such cases, and where African leaders were sympathetic, good progress was being made; but in some areas there was opposition from ultra-conservative peasants or from leaders who had come to associate agricultural rehabilitation with the whole policy of separate development, to which many were resolutely antagonistic.

Land holdings

The ultimate aim was to divide the population into full-time farmers and full-time non-agricultural workers, giving each farmer an economic land unit. But no compulsion was being exercised, and land-holders were not being dispossessed. This was a desirable policy, but it meant that effective land reform would be a slow process. At present only a small minority could be given economic plots. The whole task was a vast and intricate one, and seemed likely to be more difficult than the Tomlinson Commission estimated. Experience in the King William's Town area indicated that the land could be expected to give support to only a little more than one third of the existing population. Professor Hobart Houghton said that he was dubious about the policy of keeping as many people as possible on the land, even under the improved conditions suggested by the Tomlinson Com mission. If land was to be used in the most productive way large farms of 400 morgen or more were required, with competent farmers in charge-not small peasant holdings of about 40 morgen. Pro duction costs were higher on small than on larger units.

(61) RR 4/1962. RELATIONS: 1962 99 The Commission had estimated that approximately 300,000 families, numbering 1,800,000 persons, or 50 per cent. of the existing population, would have to find alternative employment in order to provide adequate land-holdings for those destined to become full time farmers. It seemed that this was an under-estimate, and that almost two-thirds of the present population and all natural increase would have to find employment in secondary and tertiary activities. No amount of agricultural reform would alone solve the problem of poverty in the Bantu areas. The Government was not as yet granting freehold title to the arable holdings, because the whole land tenure situation was in transition. Mr. Harold Fridjhon suggested in a paper given at the same meeting(6 2 ) that a local adaptation of the Kibbutz system, as prac tised in Israel, might meet both the cultural needs of tribal Africans and their economic requirements. It would give the social security provided to some extent by the tribal system, and would also develop a sound basis for economic agriculture.

Irrigation Schemes

Irrigation schemes have been extended during the year under review. Among these are Dinglydale near Pilgrims Rest, Shimbo at Sibasa, Coetzeesdraai and other schemes near Groblersdal, and several smaller ones in the Transkei. Professor Hobart Houghton said that several further schemes for the Transkei are under consider ation, but that the topography of much of the land in that territory and in the Ciskei makes large-scale irrigation impossible. A project is being developed in Sekhukhuneland; and in Zulu land, the Pongola dam, when completed, will make it possible to irrigate large tracts of land that will be owned mainly by Whites, but certain African areas will benefit too.

Crops and Stock

The Minister of Bantu Administration and Development said in January( 63) that the production of grain in the Bantu areas had been increased by 25 per cent. during the past few years. But most of these areas are far from self-supporting. According to the Deputy Minister( 64 ), 733,000 bags of maize were imported into the Transkei during 1961. As will be described later, there has

(62) RR 30/1962. (63) Assembly, 25 January 1962, Hansard 1 col. 178. (64) Assembly, 2 February 1962, Hansard 2 col. 509. 100 A SURVEY OF RACE been a state of near-starvation in Reserves of the northern Transvaal and Zululand during 1962 because of severe drought. Fibre plantations are being extended. The Director of Bantu Development said in July(6 5) that a pilot scheme at Butterworth in the Transkei had been converted to a full commercial project with an initial production of 800 to 1,000 tons of phormium tenax a year. The Transkei had a potential of more than 4,000 tons a year. Mauritius hemp is being cultivated at Cloe near Pietersburg and in the Kranskop district. An official report(66) states that Afri can farmers are being encouraged to replace grass strips by fibre plants in areas that are climatically suitable, in order to provide a cash crop. It is estimated that yields of up to three tons per morgen of phormium tenax will be possible, worth about R126 per ton. If maize was produced on the same land by primitive methods the yield would be only two or three bags, selling at R1.49 a bag. The production of sugar cane is being encouraged in certain African areas of Natal, for example the Groutville Mission Reserve. Citrus and sub-tropical fruits are grown under irrigation in the north-eastern Transvaal, and at other irrigation schemes vegetables and wheat are produced. It is planned to grow cotton in the Ciskei. A very large afforestation project is being developed on the Zululand coastal plain. Smaller schemes are in progress near Louis Trichardt, in various parts of the Transkei, and elsewhere. Africans are encouraged to breed better stock. The Minister of Bantu Administration and Development announced(67) that during 1961, in the Transkei, 8,544 head of cattle were sold, realizing R368,000, and seven million pounds of wool were disposed of. A number of cattle breeding stations are now being run by African staff, he said. Trained African agricultural assistants are teaching farmers to improve the quality of their wool clip and to do classing and shearing. As Professor Hobart Houghton pointed out, however, the large majority of African peasants produce very little for sale. In general their only cash crops are birdseed, wild oats, wool, a few vegetables sold in nearby towns where these exist, and meat and hides. Pro fessor Monica Wilson added that market or export crops are essen tial for successful agricultural development. As African agriculture is improved, she said, unless a common marketing system is adopted the Africans may come into competition with White farmers. Development would then be retarded.

(65) Rand Daily Mail. 16 July 1962. (66) Digest of South African Affairs, 29 January 1962. (67) Assembly. 15 January 1962, Hansard 1 col. 178, and Senate, 2 May, Hansard 12 col. 3166. RELATIONS: 1962 101 INDUSTRIAL AND MINING DEVELOPMENT IN THE RESERVES

There has so far been very little industrial development within the Reserves. A recently-established concern is the Vulindlela furniture factory near Umtata, which was built and equipped by the South African Native Trust at a cost of R58,000. Its net profits for 1960-61 amounted to R13,780. In mid-1962 there were 64 African employees at the factory and numbers of others working in sawmills at Tsolo and elsewhere( 68 ). There is a small engineering plant in Kokstad and a cane furni ture factory at Hammanskraal, north of Pretoria. In March 1962 fifty African building contractors, employing numbers of others, were engaged on building houses in rural villages( 69). An African brickmaker at the new village of Ga-Rankuwa, near Pretoria, had more than a hundred African employees( 70 ). Assistant African mechanics are helping to service road plant in Umtata, Africans are being trained as bridge-builders and road overseers( 71), and fencing work in the Reserves is given out to private African con tractors. In mid-1962 there were almost 160 of these at work in the Transkei, each employing a gang of about ten men(72 ). The Department plans to stimulate home industries, and has appointed a full-time official to deal with this. Under the auspices of the Bantu Investment Corporation a hand weaving and spinning factory has been opened near Umtata, which will produce mats, curtaining and upholstery, making use of local wool and goat hair. In June 1962 some fifty Africans, mainly women, were being employed. It is planned to make spinning wheels available to women of the neighbourhood, many of whom have had the necessary training at mission schools, to enable them to do piece work(7 3). An inter-departmental committee was appointed in September 1962 to investigate the most effective means whereby mining can take place in the Reserves for the benefit of the Africans and the development of their areas (74) . At present White companies lease mineral rights, paying royalties to the African local authority. As was mentioned earlier, the Prime Minister hopes that experienced industrialists will agree to guide and undertake mining development in the Transkei, either on an agency basis or as employees of the development corporation or the Transkeian Government.

(68) Digest of South Afr'can Affairs. 29 January and 6 August 1962. and Report of the Controller and Auditor General, 1960-61 Part III, R.P. 10/1961, page 507. (69) Bantu, March 1962. (70) Minister of Bantu Administration and Deve'opment, Assemb'y, 9 May 1962, Hansard 15 col. 5290. (71) Digest of South Atrican Affairs, 29 January. (72) Director of Bantu Development, Rand Daily Mail, 16 July 1962. (73) Rand Daily Mail, 25 May; and Digest of South African Affairs, 25 June 1962. (74) Government Notice 1512 of 21 September 1962. 102 A SURVEY OF RACE Dr. Verwoerd's plans to make use of White initiative, mana gerial ability, skills and money in the Reserves without the profit motive were described as being completely unrealistic in a leading article in the FinancialMail on 2 February. To expect that business men would be prepared to devote time and energy and capital without reward "to bolster up the vision of a Bantustan was a vain hope indeed". The Government should, instead, adopt the plan suggested by the Tomlinson Commission: of allowing White entrepreneurs into the Reserves subject to certain terms and con ditions, the article stated(7 5).

COMMERCIAL DEVELOPMENT

On 2 February 1962 the Deputy Minister of Bantu Adminis tration and Development said( 76) that the share capital of the Bantu Investment Corporation had been increased by R1,000,000. It had made profits of R13,794 in 1960 and R6,894 in 1961. According to the General Manager, Africans (mainly Bantu Authorities) had invested R448,000 with the Corporation by May 1962("). The Deputy Minister went on to say that at the end of 1961 the Corporation had 29 White and 111 African employees. By then it had made the following loans: 82 loans, amounting to R93,886, to individuals for the ex tension of existing business undertakings; 67 loans, amounting to R190,978, to individuals or partner ships for new businesses; 3 loans, amounting to R144,000, to corporate bodies. The Minister said later( 78) that the loans made during 1961 were: Type of business Number Total amount of loans R General dealers .. 44 111,780 Boarding house ... 1 400 Butcheries .... 8 10,353 Building contractor 1 6,000 Caf6-eating houses ...... 6 4,224 Dressmakers ...... 2 1,800 Millers ...... 2 2,142 Bus service .... 1 4,000 Attorney .... 1 600 Shoemaker ...... 1 280

(75) See 1955-56 Survey, page 146. (76) Assembly, Hansard 2 cols. 494-6. (77) Race Relations News, June 1962. (78) Assembly, 23 March 1962, Hansard 9 cols. 3081-2. RELATIONS: 1962 103 In a statement made during September 1962(79) the Director of the Corporation said that only 1-1 per cent. of the applications for loans had been approved. Many of the applicants were illiterate or had passed Standard II only, and were not considered to be capable of managing large businesses. One Section of the Native Laws Amendment Act, No. 46 of 1962, empowered the Bantu Investment Corporation to assist Africans in urban areas or rural townships which are surrounded by or adjoin a Bantu rural area and which are declared by the Minister to be Bantu areas for purposes of the Bantu Investment Corporation Act of 1959. The Minister said(8 0) that this would make it possible to assist African businessmen in towns like Umtata. It was not intended to assist people in towns in White areas. During 1962 the S.A. Native Trust bought a large trading station in the Mount Frere district of the Transkei from its previous White owner and leased it to an African, who was granted a loan from the Bantu Investment Corporation to buy stock(81). The Minister announced that by May 1962 the Corporation had lent R361,000 to six Africans to take over White businesses in African areas 82). According to the statement by its Director, quoted above, the Corporation is running a mill, a bakery, a soft-drink factory, two wholesale firms and twelve retail firms. These are at present under White management, but Africans are being trained to take over in due course. The Corporation employs officials who visit African traders to help them with book-keeping systems and sales techniques. Official reports state(8 3) that early in 1962 there were 316 African traders in the Transkei, and Africans owned about 300 bus services there, with 400 vehicles. One man runs a fleet of nine buses. Fair numbers of private taxi or lorry drivers ply for hire. The Prosperity Life Insurance Company, founded ten years ago by a group of leading Africans in the Transkei, is expanding its interests and capital. The Corporation has recently opened an African savings bank in Umtata, staffed by African tellers and with an African account ant(8 4). It is planned that three trade fairs should be held in African areas during 1963. Industrial and commercial firms in South

(79) Star, 21 September. (80) Assembly, 10 April 1962, Hansard 11 col. 3645. (81) Star, 4 July. (82) Senate, 2 May, Hansard 12 col. 3163. (83) Minister, Senate, 2 May 1962, Hansard 12 col. 3165, and Digest of South African Affairs, 29 January and 6 August. (84) Race Relations News, April. 104 A SURVEY OF RACE Africa and overseas will be invited to display their goods. These fairs will be privately organized, but the Department has stipulated that all profits must be paid to the Corporation and that Whites wishing to attend must obtain special permits. The original scheme was to have one large show in the Johannesburg townships; but the Minister would not agree to this(85).

REGISTER OF URBAN AFRICANS POSSESSING VARIOUS SKILLS

The Minister said during October(8 6) that a register would be compiled of Africans of each ethnic group living in Johannesburg who possessed the necessary skill and experience in administration or branches of tertiary activities to enable them to serve their own groups in the Bantu homelands. He did not envisage that it would be necessary to compel these men to go: they would be only too willing to take advantage of new opportunities. A number of enquiries had already been received. A Director of Bantu Resettle ment was to be appointed, who, with senior officials, would form a standing committee to advise and help such Bantu.

RURAL VILLAGES

Rural villages are being developed to house Africans who are displaced from the land or from urban areas. Regulations for the control of these villages were gazetted in November( 87). According to official statements(8 8 ) villages exist or are being established at the following places: Cape: Zwelitsha and Dimbaza (King William's Town), Kaya lethu (Alice), Xama and Sotho (East London). Natal: Umlazi (Durban), Bisi (Umzimkulu), Duck Ponds (Newcastle), Magabeni (Umbumbulu), Mondlo (Nqu tu), Mphungamhope (Babanango), Ncotshane (Pon gola), Ngwelezana (Empangeni), Sundumbili (Eshowe), Vulandondo (Ladysmith). Transvaal: Ga-Rankuwa (Pretoria), Leboneng and Temba (Ham manskraal), Mankweng, Nanedi and Sabayeng (Pieters burg), Elandsdoorn (Groblersdal), Hlogotlou (Nebo), Lenyenye, Nkowakowa and Moetladimo (Tzaneen), Mphaphuli and Shayandima (Sibasa), Senwamokgope (Soekmakaar), Thulamahashe (Bushbuckridge), Vaaltyn (Potgietersrus). Free State: Selosesha (Thaba 'Nchu).

(S5) Rand Daily Mail, 27 April. (86) Star, 4 October. (87) Proclamation R 293 of 16 November. (88) Minister, Assembly. 13 February, Hansard 4 cols. 993-4, and 8 May, Hansard 15 cols. 5141-2. Bantu, September. RELATIONS: 1962 105 At least twelve other villages are now being planned, notably at Eshowe, Hammarsdale, and Umbogintwini in Natal. The five year development plan provides for the building of 33 villages, with 90,155 dwellings, between 1961 and 1965. At the end of 1961 a total of 6,437 dwellings had been built in these villages, including 1,632 erected by Africans themselves. In addition, 1,252 sites had been sold and 1,126 leased to Africans. The estimated number of residents was 23,000. Some of the newer townships or villages will serve mainly to house workers in urban areas. An example is Umlazi, near Durban, which is described later. Others will serve new "border" industries. Ga-Rankuwa village is being developed rapidly to house workers employed in the new industrial area to the north-west of Pretoria. In several cases townships will cater partly for workers in new "border" industries and partly for Africans to be displaced from existing housing schemes which are to be removed: here examples are Mdanzane, to the north of East London, and Duck ponds near Newcastle. A few villages cater mainly for workers employed in a particular industry. These include Zwelitsha, built a number of years ago mainly for employees of the Good Hope Textile Factory near King William's Town, and Sumbumbili at Mandeni to the north of Durban, to be developed to house workers at the S.A. Paper and Pulp Factory. Several of the villages will be substitutes for existing "locations" which are to be moved. This is the case at Vaaltyn, Potgietersrus(89). These townships will eventually have an economic foundation. But many of the villages are merely dormitories for the families of landless migrant labourers. The Department hopes that in the course of time commercial and small industrial undertakings will be established-there are already a few traders in some of these villages. At present, however, the residents are mainly dependent on remittances sent by absent workers. Professor Hobart Hough ton's description of conditions at Kayalethu was described in last year's Survey(90 . In the paper referred to earlier(91) Professor Hobart Houghton said, "These new urban centres will become slums littered by the fragments of broken families and oppressed by poverty unless industries in or near their homes are rapidly established". Even at Zwelitsha, he added, where there is work for most of the men, there is a serious lack of subsidiary employment opportunities for women and girls.

(89) Rand Daily Mail, 16 April. (90) Page 114. (91) RR 4/1962. A SURVEY OF RACE The Department is building large numbers of dwellings of various sizes, making use of African contractors and building92 workers. These may be leased or purchased by Africans( ). If sites are purchased, qualified freehold title is granted. The Bantu Investment Corporation makes loans, in approved cases, of 90 per cent. of the total value of the land and proposed building to Africans who prefer to build for themselves. The period of re demption is determined in accordance with the applicant's income and age. Building plans and specifications are made available for a small charge (93) .

"BORDER" INDUSTRIES

Policy

As Professor Hobart Houghton pointed out, administrative, industrial and commercial undertakings so far established within the Reserves provide employment for an extremely small minority only of more than 300,000 families who will have to find non agricultural employment in order that adequate land-holdings may be allocated to the rest. "With the growth in the activities of the Bantu Investment Corporation", he said, "a more rapid rate (of industrial and commercial expansion) may be expected in the future, but nothing adequate to the need for employment opportunities is likely to take place within the Bantu areas in the foreseeable future. It would appear that the Government looks rather to its 'border' industries policy to provide employment on a large scale". In accordance with this plan, industries will be developed in "White" areas bordering on the Reserves, the African workers being housed in villages within their own areas. The Minister said in May(94 ) that the Permanent Committee for the Location of Industry and the Development of Border Indus tries had concentrated its attention mainly on four areas-the Natal midlands, the Hammarsdale area in Natal, the district to the north-west of Pretoria, and the Eastern Cape. Speaking at a symposium held in Johannesburg the following month Dr. S. P. du Toit Viljoen, chairman of the Board of Trade and Industries, said that textile production was well suited to border areas and would not, or only marginally, compete with existing metropolitan industry. The iron and steel industry would continue to exist in metropolitan areas, but related industries, such as pig iron, could develop in border areas. These areas would,

(92) Examples of prices charged were given in the 1961 Survey, page 113. (93) Rand Daily Mail, 9 December 1962. (94) Senate, 2 May, Hansard 12 col. 3162. RELATIONS: 1962 107 the most suitable for chemical industries, in many cases, also be 95 which would often attract other industrial complexes( ).

Financial assistance to industrialists

It was stated in the 1961 report of the Permanent Committee, tabled in Parliament, that at the end of that year 143 enquiries and 64 applications relating to the establishment and expansion of industry in the border areas had been received. Of the applications, 37 had been rejected, 8 withdrawn, 12 were receiving attention, and 7 applicants had been assisted. Assistance granted in these seven cases involved the employ ment of 72 Whites and 1,239 Africans and total investment of nearly R3,000,000. Assistance to the amount of R850,000 had been granted, at economic rates of interest, in the form of factory build ings and loans. The applications still under consideration involved a total investment of approximately R12,000,000 and the employ ment of more than 900 Africans. The financial assistance is made available by the Industrial Development Corporation. Dr. H. J. van Eck, chairman of this Corporation, said in September( 6) that it was then committed to R2,530,000 on land and buildings for ten factories and R3,300,000 on loans and investments for seven factories. It had also bought land at Rosslyn and at Hammarsdale in Natal where industries would be set up. The type of assistance available was described in an earlier volume of this Survey(97).

Industries established

Rosslyn is about twelve miles north-west of Pretoria. The Government lent R200,000 to the Peri-Urban Areas Health Board for the provision of water, electricity and other services for the 88 industrial sites, which are served by railway branch lines. Besides buying the land, the Industrial Development Corporation will erect buildings for sale or lease to industrialists, including a flatted factory building for manufacturers of small goods. The Department of Bantu Administration and Development is employing Africans to build the Ga-Rankuwa township for the housing of industrial workers. By the end of September 1962 some 650 four-roomed dwellings had been erected and 950 more were planned, also a hostel for employees with homes in other areas.

(95) Star, 27 April. (96) Rand Daily Mail, 26 September. (97) 1959-60, page 119. A SURVEY OF RACE Two factories are shortly to commence production at Rosslyn, one making plastic buttons and the other superconcrete pipes. Similar developments are taking place in the new East London King William's Town industrial area. Preliminary work has begun on the African township of Mdanzane. One of Lancashire's largest textile concerns is to establish a large factory nearby to manufacture poplin, other fine cotton fabrics, and yarn. It is hoped that pro duction will commence in 1964. This is considered to be an excel lent area for textiles: the Good Hope Textile Factory, which now employs about 200 White technicians and supervisors and about 3,000 Africans, a large proportion doing skilled work, is some 30 miles from the site of the proposed new concern. A sewing machine factory may also be established. A clothing and a sewing machine factory are already operating at Hammarsdale, which is between Durban and Pietermaritzburg, and other concerns are to be established there.

Railway rating policy

The Railways' rating policy at present is to carry raw products at cheap rates. This stimulates their manufacture in the older industrial areas, as near as possible to markets. The Government has appointed a committee to investigate what changes will be necessary to promote decentralization.

Wage policy

The Prime Minister has said (98) that the principle of wage differentiation in border areas would be maintained in so far as this was justified by the lower productivity of labour and the lower cost of living in these areas. Trade unionists have been very much concerned over the fact that the wages paid to clothing workers at Hammarsdale, and to moulders and machine operators in the sewing machine factory there, are considerably lower than the rates for similar work payable in Durban. In a paper read at the 1962 Council meeting of the Institute of Race Relations (99), Mr. H. Fridjhon said that the border area scheme was basically dependent upon a perpetuation of the low wage structure in South Africa, which was already having an in hibiting effect on industrial development because it artificially limited consumer purchasing power.

(98) Statement on 2 June 1960. (99) RR 30/1962. RELATIONS: 1962 109 Further recent comments on the border areas policy

In a paper published in Optima(100 ) Drs. T. J. D. Fair and L. P. Green pointed out that the areas so far selected for border industries are ones where the Reserves impinge on existing urban centres. The success of industries established in these localities may be assured, but the degree of dispersal involved is very limited. Mr. Fridjhon quoted an estimate by Professor W. A. Lewis that an amount of R2,000 per man to be employed is necessary to capitalize industry in underdeveloped countries. It seemed that this figure might be applied with a fair degree of accuracy in South Africa. Extremely large sums would, thus, be required to provide jobs in industry for wage earners who will have to support families removed from the land in the Reserves.

OTHER AFRICAN AFFAIRS

URBAN BANTU COUNCILS

The terms of the Urban Bantu Councils Act were described in last year's Survey(l). The Minister of Bantu Administration and Development said during May that the first urban councils would be established early in 1963. No representatives of Territorial Authorities have as yet been appointed in urban areas; but there are numbers of representatives of individual chiefs.

INFLUX CONTROL AND THE "PASS LAWS"

Convictions under the "pass laws"

In reply to a question in the Assembly on 9 February 1960 the Minister of Justice gave the following statistics relating to con victions of Africans for offences under influx control regulations 2 and "laws and regulations known as the pass laws"( ): 1955 ...... 337,604 1956 ...... 356,812 1957 ...... 565,911 1958 ...... 396,836 1959 ...... 413,639 1960 ...... 340,958

(00) March 1962. (1) Page 119. (2) Hansard 3 col. 838 110 A SURVEY OF RACE In a previous issue of this Survey(3), the Commissioner of the S.A. Police is reported to have said, on 12 August 1960, that "the police no longer conduct specific reference book raids, and arrests are no longer made merely for non-possession of reference books, provided satisfactory explanations are given that reference books were in fact issued to the Bantu concerned, or some alternative credential, such as the address of their employers, is offered and substantiated".

This policy may account for the decline in the number of convictions in 1960.

Proposal to remove Africans from the Western Cape

The "Eiselen Line" policy has been described in a former issue of this publication(4). Briefly, in January 1955 Dr. W. W. M. Eiselen, then Secretary for Native Affairs, said that it was the Government's policy eventually to remove all Africans from the Western Province, since this was the natural home of the Coloured people, who had the moral right to ask to be protected against competition by Africans in the labour market. He outlined the steps that the Government proposed taking, and said that further industrial expansion in the Western Province would have to be controlled carefully. Official policy was that the labour require ments of industries there should in time be based on the carrying capacity of the Coloured people alone. Their natural rate of growth was increasing rapidly. In a statement made at the time( 5) the Cape Chamber of Com merce said that any attempt to carry out this policy would cause grave economic disruption. There was no likelihood whatsoever of the Coloured workers being able to fill the labour requirements of agriculture, industry, and commerce. The introduction of Afri cans had led to an all-round expansion and to the promotion of Coloured to higher semi-skilled jobs.

Many of the steps forecast by Dr. Eiselen have been taken. Influx control has been strictly applied in the Western Cape; African wives who do not qualify to remain there in terms of Section ten of the Natives (Urban Areas) Consolidation Act have been sent away to the Reserves, together with their children; unemployed African men have been endorsed out; and the numbers of "foreign" Africans have been reduced.

(3) 1959-60 Survey, page 106. (4) See 1954-55 Survey, Page 90. for details. (5) e.g. The Manufacturer, February/March 1955. RELATIONS: 1962 111 The Minister of Bantu Administration and Development said in the Assembly on 30 March 1962(6) that the Africans endorsed out of the Western Cape since January 1959 had numbered: Women Men Cape Town municipal area .. 5,066 9,206 Cape Divisional Council area 909 3,377 Rest of Western Cape . . .. 1,276 6,377 In spite of this, the African population of the Western Cape has grown in recent years. The percentage increase in the number of Africans in the Cape Town metropolitan area from 1951 to 1960 is much the same as the figures for the Witwatersrand and for Durban. On 20 August 1962 Dr. Verwoerd announced(7) the appoint ment of a special Cabinet committee to advise the Government on this matter. It would be assisted by two further committees, he said, one consisting of heads of the Government Departments con cerned and the other of representatives of Western Cape organiza tions affected by the policy. The Government would remove the Africans "gradually and judiciously", the Prime Minister continued. The scheme would go hand-in-hand with the development of the Transkei. People would not be removed to an area where there was no prospect of their making a living.

Proposal that the Southern Transvaal be treated as one unit

The Transvaal Chamber of Industries, supported by various municipalities concerned, has again suggested that the municipal areas of the Witwatersrand, Pretoria, Vereeniging, and Vanderbijl park should be treated as one unit for the purposes of influx control. The expansion of industry has resulted in the gradual movement of factories to new areas, sometimes just across municipal boundaries. In such cases African workers often have to resign their jobs be cause of the difficulties of influx control, transport, and housing. Unless they can find alternative employment in the urban area where they are registered they may then be endorsed out. Indus trialists suffer because they have to train new workers( 8).

Fully urbanized Africans in and around Johannesburg

In a report released during August 1962( 9) the Council for Scientific and Industrial Research gave results of a survey conducted (6) Hansard 10 col. 3542. (7) e.g. Star of that date. (8) Rand Daily Mail, 7 September. (9) Star, 17 August. 112 A SURVEY OF RACE between 1 April and 31 December 1961 amongst more than a thousand mine labourers, employees of public authorities, and in dustrial workers in and around Johannesburg. It was found that 70 per cent. of these men could be looked upon as industrialized workers who had never reverted to rural employment. Investigations were made of the proportion who could be con sidered to be permanently urbanized. Men so classified were those who had lived in town for at least five years, had their families with them, had no land rights in a Reserve and never visited the rural areas. About half of the workers fell into this category. It was found that 90 per cent. of the mine labourers had no wish to undertake any other form of employment. Basically these men remained peasants, preferring the rural way of life. Tours of mine employment were interludes compelled by economic circum stances. Of the industrial sample, 16 per cent. had an early history of mining, probably having used the mines as a jumping-off point. These men were more self-reliant than the miners and less in need of the sheltered environment of the compounds.

African women in urban areas

Revised Native Labour Regulations issued in 1959, and the implications for African women, were described in the 1958-59 Survey('0). In recent months local authorities have been applying the regulations more strictly. Women who qualify to remain in urban areas in terms of Section ten of the Natives (Urban Areas) Consolidation Act do not need permission to take up employment, but the onus of proving that she falls into this category rests on a woman herself. All other women do need work permits. Local authorities, acting on their own, may issue such documents to women who entered the town before a date which is administratively determined: in Johannesburg it is 10 March 1959. But in the case of a woman who entered later than this, the local authority may not issue a permit without the concurrence of the Government Regional Employment Commissioner. It is, thus, necessary for all African women in urban areas, whether they qualify to remain or not, to possess documentary

(10) Pages 104-107. RELATIONS: 1962 113 proof of their right to live or work in the town concerned. From 1 February 1963 all African women will be required to possess reference books in which, where appropriate, work permits will be incorporated.

Employment of "foreign" Africans

The Froneman (inter-departmental) committee has completed a report on foreign Africans in South Africa and has suggested ways of tightening the control of illegal immigration; but details have not been made public. According to various statements(11) there may be as many as 650,000 Africans from other territories living and working in the Republic. With their families they may number more than a million. The Minister said that many do not admit they are foreign, hence census reports do not give a true reflection of the position. Large numbers are recruited for the mines: at the end of 1961 members and contractors of the Witwatersrand Native Labour Association were employing 73,615 from the High Commission Territories, 100,240 from the East Coast and 89,149 from countries to the north-a total of 263,004(12). These must all return home on completion of their contracts of service. Other foreign Africans in South Africa may be granted permits to work in rural areas to the north of the Orange River. They may not be employed in towns without the written authority of the Secretary for Bantu Administration given with the concurrence of the local authority concerned. Those already working in towns when this provision of the law came into effect were permitted to stay as long as they remained with the same employer and did not return to their homes on holiday for periods longer than six months. The Government recently decided( 13) that any who do go home for holidays or for any other purpose will not be allowed to return. Foreign Africans who have entered the country illegally in recent years are warned by officials to return. Should they be found in urban areas they are first prosecuted and if pronounced guilty are given severe sentences. In provinces other than the Cape south of the Orange River, if they have no money for the fare home they may be given temporary permits to remain, and are then placed in employment in a rural area and required to deposit a proportion of their earnings each month with the immigration

(11) Minister of Bantu Administration and Development, Assembly, 2 February 1962, Hansard 2 col. 504, and Senate, 9 February, Hansard 2 col. 596, also Rand Daily Mail, 28 August. (12) From annual report of Association for 1961. (13) Star, 8 October. 114 A SURVEY OF RACE authorities. When the necessary sum has been accumulated these authorities procure the passage and send the Africans home. If a man does not return after having been warned to do so a warrant for his arrest and removal is issued, the cost of transport being met so far as possible from any money in his possession. If necessary a rail warrant may be issued by the Government. Foreign Africans are not allowed to enter any employment in the Western Cape, however, and can thus not earn the money to leave. Numbers of them have married South African women and have families. The Institute of Race Relations, the Black Sash and others have been assisting such people, many of whom are found to be penniless.

Tanganyikans and Nyasas

In January 1962 the S.A. Government agreed to repatriate, at its expense, a group of about 40 Tanganyikans who were destitute in Cape Town. They were sent off by sea, but had to disembark at Durban to await entry permits to Tanganyika. The authorities planned to send them in the meanwhile to the transit camp for foreign Africans at Nigel; but, fearing that they would be detained there indefinitely, they successfully resisted this move. The Minister said( 14) that the average cost per head of repatriating them from Durban was about R46. It is understood that the Tanganyikan authorities discovered subsequently that they did not in fact all qualify to enter that territory. It has recently been decided that the S.A. Government will pay the fares for the men and their dependants, but that these people will have to wait at the Nigel transit camp until authority for repatriation is obtained from Tanganyika. A spokesman of the Nyasaland Government is reported to have said in Johannesburg in June (15) that there are at least 50,000 Nyasas holding permits to work in South Africa. These permits expire automatically when the holders lose their jobs, and are not renew able unless the man concerned has been in South Africa for many years. When a permit expires the holder has to report to the authorities immediately and is then given fourteen days to leave the country. If he fails to do so he is arrested and is generally fined R20 (or 90 days) for a first offence and R50 (or 120 days) for a second offence. Many do not have the money to leave at such short notice, and some go "underground" to earn a living, possibly by illegal means.

(14) Assembly, 30 January. Hansard 2 col. 351. (15) Rand Daily Mail. 13 June. RELATIONS: 1962 115 Basket-makers of Korsten

The story of the "basket-makers of Korsten" has been told in earlier volumes of this Survey(16). They were an industrious, law abiding group who came from Southern Rhodesia in the 1940's and settled in Port Elizabeth, where they ran a cabinet-making, furniture, basket-making and tinsmithy business. Some married South Africans, and by 1955 there were about 2,000 members of the community. In that year the Minister of Native Affairs ordered them to return to Rhodesia at their own expense, but they pleaded that they could not afford to do so. After lengthy negotiations they were allowed to remain temporarily. During 1960 the Southern Rhodesian Government agreed to their return. Four leaders were taken to see their new home. Finally, in June 1962, rail coaches were brought to a branch line near their settlement in Port Elizabeth, police surrounded the area, and they were repatriated in batches at the South African Govern ment's expense, being sent initially to a transit camp at Plumtree 17 ).

Arrests of politicians from the High Commission Territories

In January 1962 Dr. A. Zwane, a medical practitioner and political leader in Swaziland, was arrested in Zeerust while in transit from Bechuanaland and charged witb failing to produce a reference book. He was in possession of a British passport and a travel permit issued by the Swaziland authorities. Dr. Zwane appeared in the magistrate's court, but his case was remanded and he was allowed out on bail. He lodged a protest with the British High Commissioner. According to a Press reportU8 ) the Minister of State at the Foreign Office said in the House of Commons that his Government had brought the matter strongly to the attention of the South African Government. The charge against Dr. Zwane was withdrawn by the Attorney-General of the Transvaal. A few days later six men from Basutoland, in transit from Swaziland, were arrested in Ermelo for not having permits to be out after the curfew hour. A senior police officer intsructed that they be released(19).

Control of influx of Africans from the High Commission Territories

It has recently been decided that when Africans from the High Commission Territories are ordered to return, they will be given a (16) 1954-55, page 70; 1955-56, page 88; 1957-58, page 56. (17) Minister of Bantu Administration and Deve'opment. Star, 6 June, and Assembly, 12 June, Hansard 20 cols. 7624-5, also Star, report, 5 June. (18) Rand Daily Mail, 30 January. (19) Ibid, 27 January. 116 A SURVEY OF RACE month's grace to make personal arrangements. If their circum stances warrant it the British authorities will assist with their fares. The Minister of Foreign Affairs said in February( 20 ) that the Government was still prepared to offer employment opportunities within the Republic to the inhabitants of these three territories, provided that the employment needs of South Africa's own citizens were not thereby prejudiced. Provision would have to be made for some form of influx control and or employment control, the Minister stated. Further mention of this matter is made in the last chapter.

THE LEGAL STATUS OF AFRICAN WOMEN

Registration of customary unions

The Native Laws Amendment Act, No. 46 of 1962, amended the Native Administration Act of 1927 by empowering the State President to make regulations providing for the registration of customary unions. their annulment or dissolution. Different regu lations may be made in respect of different areas or different customs. When introducing the Bill( 21" ) the Minister of Bantu Adminis tration and Development said that the Government was acting carefully and with great citcumspection, but hoped that it would eventually be possible to make compulsory the registration of all customary unions. Opposition speakers pointed to the evils of casual unions and the difficulties experienced by widows of customary unions. The Minister was urged to appoint a full-scale commission to investigate the legal rights of women (22) . The Minister said, "I have already given instructions for a special investigation to be made ... to ascertain what can be done so that the Bantu women may again take their rightful place . . . to ensure that marriage particularly is put on a sound basis . . . I am very scriousiy considering at the moment whether we should not appoint a departmental committee to go into this whole matter" (2:1). The Institute of Race Relations submitted a memorandum to the Minister proposing that a statutory commission be appointed to inquire into the whole matter of the legal status of African women, as a preliminary step to the reform of the marriage system and related institutions-systems of property rights, guardianship

(20) Assembly. 26 February, Hansard 6 col. 1597. (21) Assembly. 5 March 1962, Hansard 7 col. 2039. (22) Cols. 2089-90, 3636. (23) 10 April, Hansard 11 col. 3637. RELATIONS: 1962 117 of children, etc. The Minister's private secretary replied, "This is a matter in which the Honourable the Minister takes a personal interest".

Compensation for African Widows

During 1960 Mr. J. P. Cope, M.P., a member of the Progressive Party, drew up a Bill to make it clear that an African woman married by customary union is entitled to sue for damages in the event of her husband's death through negligence on the part of a third person. This measure was not proceeded with at the time in Parliament, and Mr. Cope lost his seat at the 1961 general election. During 1962 Mr. M. L. Mitchell of the United Party introduced the Bantu Widows' Compensation Bill as a private member's motion. It had the same objects as those of Mr. Cope's measure. In his Second Reading speech(2 4), Mr. Mitchell drew attention to the fact that when an African worker is killed on duty-perhaps through his own negligence-his wife can recover compensation under the Workmen's Compensation Act, whether the marriage took place by African custom or under the common law. An African woman married under the common law can sue for damages for loss of support if her husband is killed through negligence or through an unlawful act on the part of a third person, but, except in very limited circumstances, a woman married by customary law may not. Damages may be paid to her only if the case is heard in a Bantu Affairs Commissioner's court, and only if the third person is an African. If her husband's death arose from a motor accident she can in any case not claim, since the action would lie against a White insurance company. Marriages by African customary law were recognized under the Native Administration Act, Mr. Mitchell pointed out. The first Nationalist speaker said( 25) that this matter had his sympathy, but the Bill was premature. There should first be legal clarity as to what a Bantu marriage is. The debate was adjourned and was not resumed. A representative of the Institute of Race Relations gave evi dence on this question of compensation before the Commission of Enquiry into Compulsory Motor Vehicle Insurance. In its report( 26) the Commission recommended that the necessary steps be taken to

(24) Assembly. 16 March 1962, Hansard 8 col. 2769. (25) Col. 2780. (26) R.P. 32/1962, page 56 A SURVEY OF RACE enable any Bantu woman married by customary union to recover damages that may be awarded under the Act in the event of her husband's death having been caused through the negligence of a third party. The Commission stated that representatives of the General Committee of the 1942 Motor Vehicle Insurance Act Agreement said in evidence that they would have no objection.

TAXATION OF AFRICANS

Native Laws Amendment Act, No. 46 of 1962

This Act amended the Native Taxation and Development Act of 1925 by providing that, subject to such conditions as may be prescribed, any person may at the request of a Bantu in his employ retain, for the payment of any tax or rate to which the Bantu is liable, such part of his emoluments as may be requested by him. The Secretary for Bantu Administration and Development was empowered to authorize any Bantu authority, council or board, or any chief, headman or other person, to collect any tax or rate levied. The Minister was empowered, out of moneys appropriated by Parliament for the purpose, to remunerate a Bantu authority, council or board (but not any individual) for its work in this con nection. The Minister said(27) that such an arrangement would assist greatly in making the collection of taxes more satisfactory. At a conference on Bantu Education held in Johannesburg during July 1962(28) the Regional Director of Bantu Education for the Southern Transvaal said that the taxes collected from Africans were about R5-million a year short of what should be paid. Further reference to the Native Laws Amendment Act is made under the administration of the Ciskei; the extent of the Reserves; commercial development in the Reserves; and the legal status of African women 2 a).

Taxes paid by Africans

According to the report of the Controller and Auditor-General for the year ended 31 March 1961 (30), during that year Africans paid the following sums:

(27) Assembly, 5 March 1962, Hansard 7 col. 2038. (28) Organized by the National Council of Women (Johannesburg branch) and National Council of African Women. (29) Pages 88, 95, 103 and 116. (30) Part III, R.P. 10/1961, pages 504, 520, 522, 527. RELATIONS: 1962 119 R 7,278,008 General tax ...... Local tax and quitrent...... 489,196 General levy in the Transkei...... 204,990 Regional levies in the Transkei .. 3,536 Tribal levies ...... 568,286 R8,544,016

These figures do not include amounts paid in normal and provincial income taxes, hospital levies, large contributions towards the costs of education, stock rates, or by way of indirect taxation. The Minister of Finance said in the Assembly(3 1 ) that in the year 1959-60 a sum of R96,000 was paid by 2,603 Africans in normal and provincial income taxes.

COLOURED AND ASIAN AFFAIRS

THE ,DIFFERENT "NATIONS" IN SOUTH AFRICA

In the Assembly on 13 April 1962 the Prime Minister said(), "One must distinguish between ... citizenship of a country and ... what the components of a homogeneous nation are. There is no doubt that the Coloureds are citizens of this country. There is just as little doubt that they are not part of this homogeneous entity that can be described here as 'the nation' ... In South Africa ... various groups of the population who in the nature of things are different nations possess citizenship ... For a long time we (Whites) regarded ourselves as English and Afrikaners, etc. With the establishment of the Republic the unification of these two components into one nation became a possibility, and it is for that possibility that I plead. But, after all, the unification of both White population groups into one nation need not necessarily be accompanied by a further unification into one nation together with the Bantu".

PROPOSED COLOURED "PARLIAMENT"

The constitution of the Council of Coloured Affairs, which has twelve elected and fifteen nominated members, was described

(31) 23 February 1962, Hansard 5 col. 1476. (1) Hansard 11 col. 3923. 120 A SURVEY OF RACE in the 1958-59 issue of this Survey(2). It is an advisory body, although statutory provision does exist for administrative functions to be assigned to it. In a statement made to this Council on 12 December 1961 ( ) the Prime Minister said that it was his intention to create a more representative body which could be described as a Coloured parlia ment. It would have full executive and legislative powers over certain affairs of the Coloured people. There would be an exe cutive committee, which might be termed a cabinet, with four members controlling, respectively, rural settlements and technical training; local authorities; education; and welfare and health services. The Coloured parliament would have its own civil service, and the taxes, both direct and indirect, paid by Coloured people would be made available to it. The Department of Coloured Affairs, which was to take over the control of Coloured education from the provinces, would act as a channel through which rights and powers would pass to the Coloured community. The duties of the Minister of Coloured Affairs would in time become analogous to those of a Minister of External Affairs. It was announced in October 1962(4) that the Government had briefed a Cape Town advocate, Mr. J. A. F. Nel, M.P., to draft a constitution for the Coloured "parliament".

INDIANS TO BE REGARDED AS PERMANENT INHABITANTS

Two important policy statements were made by the Minister of Indian Affairs in Parliament during 1962(5). It had become clear, he said, that the repatriation scheme had failed. The Government had, accordingly, decided that it had no choice but to regard the Indians as permanent inhabitants of the country.

DEPARTMENT OF INDIAN AFFAIRS

A specific policy, and planned action, were necessary, the Minister continued. A Division of Asiatic Affairs had been set up early in 1961. But it soon became obvious that the problems of the Indian and Chinese people differed. It was then decided to leave Chinese affairs under the control of the Department of the Interior and to create a separate Department of Indian Affairs, which was established in August 1961.

(2) Page 153. (3) Report by Dr. R. E. van der Ross, and Star, 12 December. (4) Star, 3 October. (5) Senate. 8 February, Hansard 3 cols. 503-520, Assembly, 17 May, Hansard 16 cols. 5814-9 RELATIONS: 1962 121 The Minister said that he had held discussions with a number of Indian leaders in their personal capacities. The Indian National Congress had been willing to co-operate, but its support was "very limited". Consultative committees were being set up through out the country with members appointed by the Indians themselves. The only requirement was that they must be representative of work ers as well as of commercial interests. From these bodies a central consultative committee would be constituted. There was a suffi cient number of Indian leaders who, even if they disagreed with certain aspects of the Government's policy, nevertheless realized that there was adequate common ground for co-operation in con sultations. The difficulties Indians experience when wishing to travel within South Africa were described in last year's Survey(6 ). The Minister said that restrictions had recently been eased. Provision had been made for Indians to obtain travel documents in emer gencies'on Sundays and public holidays. Men who often under took business trips across provincial boundaries no longer had to obtain permits on every occasion: documents valid over a period were obtainable. Furthermore, when a family was travelling to gether, instead of applying for a separate permit for each member the head of the family could now obtain a document covering them all. The Bureau of Social Research of the Department of Education, Arts and Science, in co-operation with the Indian university college, was to undertake a socio-economic survey of the Indians, the Minister continued. In addition, his Department, working with the Department of Labour, was investigating employment oppor tunities. About one-fifth of the Indians were directly dependent on trade. Amongst the rest of the working-age population, num bering some 400,000, there was serious unemployment. No reliable statistics existed, but it had been estimated that there were as many as 25,000 unemployed Indians in Durban. In the semi-skilled and unskilled spheres of work employers tended to give preference to the Bantu; but the Tamil community had sprung from people who were known throughout the world for being good manual labourers. The Department would have to investigate what could be done to eliminate factors such as poor housing or feeding which might be hampering the employment of Indians as labourers. Indians would be given the opportunity of investing money in industries, the Minister said. His Department was investigating the possibility of absorbing more of them into the government and municipal departments to render service to their own people.

(6) Page 142. A SURVEY OF RACE Attention would be given to the speedy development of Indian residential areas and housing, making the maximum use of Indian building workers. In such areas all public services and tertiary activities would be undertaken by the people themselves. The control of Indian education would in due course be trans ferred to the Department of Indian Affairs, and, eventually, to the proposed Indian Council. His Department would take over welfare services for Indians as from 1 April 1963, the Minister announced. A training scheme for Indian social workers would be provided. Laws affecting Indians were to be revised, he added. Amending legislation would probably be introduced in Parliament in 1963. Departmental offices have been opened in Durban and Johan nesburg.

LOCAL GOVERNING BODIES IN COLOURED AND ASIAN GROUP AREAS

Consultative and management committees

The Group Areas Act previously empowered the responsible Minister to establish governing bodies in Non-White group areas, to consist wholly or mainly of members of the race concerned. The Minister could not exercise these powers without the con currence of the appropriate Administrator, who was required to consult any local authority concerned. If a group area for which such a governing body had been set up was wholly or partly within the area of jurisdiction of a local authority, the body would exercise its powers subject to this local authority's supervision and the latter would retain any powers that were not vested in the governing body. The Group Areas Amendment Act, No. 49 of 1962, elaborated these provisions and increased the Minister's powers. When introducing the Bill at its Second Reading the Minister of Community Development said(7) that it provided for the creation of machinery for the training of Non-Whites (other than Africans) to a stage where full responsibility for local government in their own areas may be bestowed on them. The new measure provides that the Minister may, after con sultation with the Administrator of the province concerned (no longer with the Administrator's concurrence and after consultation with any local authority involved), establish, for any Non-White

(7) Assembly, 27 February 1962, Hansard 6 col. 1638. RELATIONS: 1962 123 group area or for any two or more such areas, either a consultative committee. or a management committee, constituted in accordance with regulations issued by the Minister, and consisting wholly (no longer "wholly or mainly") of members of the racial group for which the area has been set up. The regulations will lay down what matters must be referred to consultative committees. No local authority exercising jurisdiction in the area concerned may take any decision in regard to such matters unless it has consulted the committee and given due con sideration to any comments it may wish to make. Alternatively, or at later stage, a management committee may be set up. The Minister may make regulations (which may differ in different areas) as to the manner in which any management com mittee is to be constituted, including the election of some or all of its members, the qualifications required for voting or becoming members, the powers and functions of the management committee, and, in consultation with the Administrator (who must consult the local authority), as to the powers, functions and duties of a local authority in any portion of its area of jurisdiction in which a man agement committee has been established. An Administrator may be authorized, after consultation by him with a local authority concerned, to confer additional powers on consultative or manage ment committees. A management committee will exercise its powers and func tions under the supervision and control of the local authority, subject to such conditions as the Administrator may determine. The Minister may make regulations providing that persons who become qualified as voters for a management committee, and who at the date on which they become so qualified were not regis tered as voters for the election of members of a local authority, shall not be registered as municipal voters. The Minister said in the Assembly(8) that the rights of Coloured persons who were already registered as municipal voters at the date when a management committee was established would not be affected so long as they retained their qualifications, but the ex pansion of Coloured and Asian municipal franchise rights would have to be limited to their own group areas. It appeared from the Minister's remarks in the Senate, when the Bill was being debated there(9), that if a registered Coloured voter in Cape Town, for example, disposed of all his property there and transferred his residence and business interests to the Coloured township of Athlone, after a management committee was established

(F) Cols. 1639, 1641. (9) Senate, 25 April, Hansard 11 col. 2792. 124 A SURVEY OF RACE at Athlone he would lose his vote for the election of members of the Cape Town City Council. The Minister said( 10 ) that the number of Coloured men on the municipal voters' rolls in the Cape was unknown, since the race of voters was not indicated on the rolls. It was estimated that there were about 7,650 in Port Elizabeth, East London, Beaufort West, Goodwood, Grahamstown, and King William's Town, but no estimate for Cape Town could be given. In Natal, where no further Coloured or Asian people had been enfranchised since 1956, only about 500 were on the municipal rolls. In the whole of the Cape Province there were only 12 Coloured City Councillors. 6 of them in Cape Town. The Minister gave the assurance 11 ) that draft regulations framed under the Act would be submitted to the four Provincial Executive Committees and the four Municipal associations before they were finalized and published.

Coloured and Asian local authorities

The 1962 Act provides that the Minister may appoint a com mittee to investigate the desirability or otherwise of establishing a local authority for any area for which a management committee has previously been established. Such an investigating committee will consist of not less than five persons, of whom one will be nominated by the provincial Administrator, and one by a local authority with jurisdiction in the area (provided that the local authority makes the nomination within ten days after being requested to do so). After the committee's report has been received, the Minister, following consultation with the Administrator, may direct that a local authority of a type specified by him be established in a Coloured or Asian group area. The State President may in such cases repeal or amend any law relating to the requirements for membership of local authorities. Such proclamations must be tabled in Parliament, and unless approved within ninety days will cease to have the force of law.

Parliamentary debate on these clauses

Before the Second Reading Debate was commenced, the United Party contended (12) that Parliament was not competent to consider the Bill, since the provisions described above were a breach of the (10) Senate. cols. 2795, 2660, Assembly, col. 2024. (1) Assemb'y, col. 2258. (12) Assembly. 27 February, Hansard 6 cols. 1626-31. and Senate 16 April, Hansard 10 col. 2437. RELATIONS: 1962 125 powers of provincial councils. In terms of South Africa's consti tution, provincial councils were empowered, with the State Presi dent's consent, to make ordinances dealing with municipal institu tions, and it was laid down that Parliament might not abolish or abridge the powers of provincial councils except by petition of a council concerned. No such petition had been received. The Speaker of the House of Assembly and the President of the Senate in turn ruled(' 3) that Parliament was the sovereign legislative authority. In their opinion, provincial councils did not possess the exclusive right to legislate in regard to municipal insti tutions. Mr. J. D. du P. Basson, then of the National Union Party, maintained ( 14) that the Coloured people of the Cape did not need, as the Minister had asserted, to be trained in the art of local govern ment, proceeding by stages from consultative committees onwards. Many of them had for years served with distinction on various government bodies. Mr. D. E. Mitchell (U.P.) and Mrs. H. Suzman (Progressive) pointed to the difficulties that were likely to be encountered in the sub-division of responsibility for municipal services. Coloured group areas, they said, were likely to be mainly dormitory areas, deriving little revenue from business premises (the main source of revenue of local authorities). How would Coloured management committees or municipalities be able to finance the provision of services, industrial development, etc. ? These speakers objected to the wide powers to make regulations which were being conferred on the Minister. Such regulations could easily be altered unilaterally. Government ought to take place by legislation and not by regulation, they maintained(15). Earlier, when the Prime Minister was addressing the Council for Coloured Affairs(16), he said that Coloured local authorities would be able to contract with existing suppliers for power and water, as many White towns did. Undertakings which provided local community services would be established in the Coloured residential areas, but provision would be made for Coloured people to establish industries in the general industrial areas of the towns.

INDIAN AND COLOURED TOWN COUNCILLORS

At the Natal municipal elections in September 1962 Mr. E. M. Moolla of Stanger defeated his White Nationalist opponent by 100

(13) Assembly, col. 1633, Senate, col. 2485. (14) Assembly, col. 1802. (15) Cols. 1654-9, 1830-6. (16) Star, 12 December. 126 A SURVEY OF RACE votes to 28 in an 80 per cent. poll. Only 12 of the voters were Indians, the rest being White. Mr. Moolla is the only Indian town councillor, and has served, at different periods, for 15 years. As is mentioned earlier, there are 12 Coloured councillors in the Cape.

COLOURED DEVELOPMENT CORPORATION ACT, No. 4 of 1962

This Act provided for the establishment of a Coloured Develop ment Corporation to encourage and promote the advancement of Coloured people, in Coloured mission stations and Reserves and Coloured group areas, in the fields of industry, trade and finance. The State President was empowered to appoint a Board of Di rectors. The Board may itself establish undertakings, or acquire them from non-Coloured persons. It may give financial or technical help to Coloured people, and establish or assist in establishing Coloured companies. Except if the President so authorizes, the share capital will be R500,000, divided into 500,000 ordinary shares. Only the State may become a shareholder. The Corpor ation may accept donations and may raise or borrow money. The Hon. S. F. Waterson of the U.P. urged that Coloured people should be helped as part of the general community, and not as a separate group(17). Mr. A. Bloomberg (Coloured Repre sentative) said(i8) that he and his colleagues would support the Second Reading. Nevertheless, they regretted that the measure was not part of a plan to assist small businessmen of all races. He asked the Minister to consider the appointment of one or two Coloured leaders to the Board of Directors. Mrs. H. Suzman (Progressive) said that the Bill tackled a symptom and not a cause: she suggested that restrictions on Coloured people caused by job reservation, group areas, etc. should be removed, and the R500,000 be used to provide further vocational training projects for Coloured students (19). The Minister of Coloured Affairs maintained(2 °) that there was no danger of creating a separate economy and said that the directorate of the Corporation would consist of Whites with the necessary experience, business knowledge and acumen. The names of members appointed to the Corporation's Board of Directors were announced on 10 April. The chairman is Dr. M. S. Louw, head of a number of financial institutions.

(17) Assembly, 29 January 1962, Hansard 2 col. 318. (18) Cols. 322-9. (19) Cols. 336-8. (20) Cols. 393-4. RELATIONS: 1962 127 Dr. Louw is reported( 21) to have said at a Press Conference in London during September that the Corporation had already made loans to Coloured people to start bottle stores, butcheries and general dealers' businesses in Coloured areas. He had suggested, Dr. Louw added, that this Corporation should be given the pros pecting and mining rights in certain diamond-bearing Coloured reserves in Namaqualand. He envisaged the establishment of a mining company in which Coloured people would hold about 25 per cent. of the shares. All profits would be used for the advance ment of their community.

COLOURED MISSION STATIONS AND RESERVES

A description of the Coloured 22 mission stations and reserves was given in last year's Survey( ). Further information about development schemes was given in a publication entitled The Coloured People of South Africa, issued by the Departments of Information and Coloured Affairs. In the Steinkopf Reserve in Namaqualand the people have raised capital to establish a co-operative. Many of them are small stock farmers; some cultivate dates; but a majority of the men have to earn a living outside. The Department of Coloured Affairs is providing more boreholes and concrete dams at Steinkopf and the other reserves in this area. In the Ebenezer Reserve, further to the south, the dune-veld is used for cattle farming. The Department has irrigated 150 two morgen plots where intensive cultivation is practised. Some resi dents are fishermen and others work in rock lobster factories at Lamberts Bay and Doom Bay. More boreholes have been sunk in the Mier settlement, where the residents are stock farmers or grow lucerne and vegetables. Most of the younger people from the Mamre and Genadendal Reserves, in the south-western Cape, work outside the reserves. The Department has begun to lay out villages where the people will eventually have property rights. At Enon, near Port Elizabeth, some of the men make a living by selling poles and firewood from indigenous forests, but most heads of families work in nearby industrial centres. Mixed farming is possible at Thaba Patchoa in the Thaba 'Nchu district. Many Coloured farmers supply milk to the cheese factory at Tweespruit, and an area of 400 morgen of fertile land is used for maize and wheat production.

(21) Rand Daily Mail, 27 September. (22) Page 140. 128 A SURVEY OF RACE During 1960 and 1961 the Department erected 73 miles of cattle-proof or vermin-proof fencing and 57 miles of camp fencing in various Coloured areas. The total area of all these reserves is just under two million morgen. The Preservation of Coloured Areas Act of 1961 provided that any area which has been granted to or set aside for Coloured people, or which is a traditionally or locally acknowledged Coloured area mainly occupied or owned by them, may be brought under the provisions of the Mission Stations and Communal Reserves Act( 23). Proclamation 68 of 30 March 1962 stated that the rural area of Suurbraak in the Swellendam area, which is traditionally a Coloured area, would be reserved for them.

LEGISLATION RELATING TO INDIANS

In October 1962 the Institute of Race Relations submitted a memorandum( 24) to the Department of Indian Affairs, describing certain legal disabilities experienced by Indians and urging that these be removed. The Institute pointed out that some of the relevant legislation was enacted as a protective measure, but was now ana chronistic. The distinction made in Natal between "Indian Immigrants" and "Passenger Indians" was no longer of practical value. In the schedule for the birth of Indian immigrants, no provision was made for a surname. This caused complications which had multiplied over the years, with the result that many births remained unregis tered because the information required was unobtainable. A child of Immigrants who was adopted by Non-Immigrants could not automatically take their surname. The iaws relating to the marriages of Indian immigrants, too, were confused. It had become evident that the validity of many such marriages was virtually impossible to determine unless tested by a court. Rights of inheritance and of compensation in the event of death were affected. One of the parties to a marriage like this could evade responsibilities by applying for it to be nullified. The Institute recommended: (i) that the distinction between Indian Immigrants and Pas senger Indians no longer be maintained; (ii) that legislation relating to the registration of births, marri ages, and deaths of Indians be consolidated and brought into line with that for Europeans;

(3) See 1961 Survey, page 136, for implications. (24) RR 146/1962, RELATIONS: 1962 129 (iii) that a law be enacted to validate all marriages between Indian Immigrants and Passenger Indians not covered by previous validation acts, and that provision be made that no marriage can be invalidated on grounds of status; (iv) that all new births be registered according to the European method of nomenclature, and that provision be made for an interim period (not less than 5 years) during which each former Immigrant family should re-register and establish a surname. This should be done by family applications covering all the members of the family, and such regis tration should be free of charge. The Institute recommended, also, that a South African Indian who married outside the country should be able to bring his wife and children to the Republic. It considered that free inter provincial movement should be allowed, between the Cape, Trans vaal, and Natal as a first step. If this was not acceptable, permits of longer duration should be issued to professional and business men. Indians born in the Native States of India and domiciled in South Africa were stateless persons: this and related anomalies should be removed. In view of the introduction of identity cards, Transvaal Indians should no longer be required to take out separate registration documents. The payment of Government grants and pensions should be decentralized, on the same basis as for members of other racial groups.

REGISTER OF ASIATICS

The Minister of Indian Affairs announced( 25) a few days subsequently that during the next Session of Parliament the Govern ment would repeal Transvaal laws which required male Asians to apply for their names to be included in a register. Identity cards issued under the Population Registration Act would meet the requirements. Meanwhile, no further Transvaal registration cer tificates would be issued.

(25) Star, 23 October 130 A SURVEY OF RACE

LIQUOR

LIQUOR AMENDMENT ACT, No. 72 of 1961

The provisions of the Liquor Amendment Act of 1961 were described in last year's Survey('). Briefly, it removed restrictions on the purchase of alcohol by Coloured people and Asians, made it lawful for Africans of the age of 18 years or over to buy liquor from bottle-stores, and empowered the Minister of Justice to grant licences for the sale of liquor in African townships, for on- or off consumption. It stated that Non-Whites would commit an offence if they consumed or were in possession of liquor on private premises. without the consent of the owner or lawful occupier.

BANTU BEER ACT, No. 63 of 1962

In moving the Second Reading of the Bantu Beer Bill, the Deputy Minister of Bantu Administration and Development said that the measure consolidated all laws relating to Bantu beer(2), and brought the provisions into line with those of the Liquor Act of 1961. It would no longer be an offence to be in the possession of this beer (except on certain private premises without the consent of the owner or lawful occupier). Police raids would become unnecessary except in relation to offences similar to those existing under the Liquor Act(3). The Bill does not apply in rural Bantu areas, where existing regulations issued under the Native Administration Act remain in force. Upon the request of a local authority, made after reference to advisory boards and/or urban councils, the Minister may declare that this local authority has the exclusive right, subject to exceptions mentioned below, to manufacture and sell Bantu beer in its area. Domestic brewing is then not allowed, but off-sales for home con sumption are permitted. If a local authority already had such a monopoly when the Act came into operation, this was deemed to be an exclusive right under this Act. The Deputy Minister said that 59 local authorities already had monopolies and had incurred much expense in providing breweries and beerhalls( 4).

(1) Page 146. (2) This is what is more usually and correctly known as kaffir beer. (3) Assembly, 3 May 1962, Hansard 14 cols. 4921-2. (4) Col. 4925. RELATIONS: 1962 131 Permits for off-sales have been rendered unnecessary, and there is no limitation on the quantity that can be bought. It is mentioned above that there are certain exceptions to a local authority's exclusive right to manufacture and sell beer. The Minister, after consultation with the local authority, may authorize an employer who regularly employs and houses 25 or more em ployees of or over the age of 18 to brew on his premises reasonable quantities of beer to be supplied to them free of charge. An employer already so authorized when the Act comes into operation could continue to do so. Any employer may acquire beer from a local authority for sale on its behalf to his employees. Nominees of employers may be authorized to sell beer to the employees, obtaining it either from the local authority, or, if the employer has been authorized to manufacture beer, from the latter. The Deputy Minister said he anticipated that if numbers of employers or their nominees did sell beer as agents for the local authorities, the provision of beerhalls in business areas would become unnecessary( 5). A second exception is that even if a local authority has an exclusive right to manufacture beer, licensed liquor dealers may acquire beer from the local authority for sale to members of any racial group. No special trading licence is required for this. The Deputy Minister said that Bantu beer cannot be bottled and stored like other liquor, for it turns sour and becomes stronger. Private enterprise would, at the present stage, be unable to gauge correctly what the demand was likely to be, and, actuated by the profit motive, private brewers might brew excessive quantities. Local authorities had considerable experience in this field. For the time being, therefore, private enterprise (except for certain employers) could not be allowed to manufacture beer for sale.(6) Beer brewed for sale by a local authority or an employer must, when manufactured, not exceed the strength of 3 per cent. by weight of absolute alcohol. A local authority may sell it only on a site or in premises approved by the Minister; may not sell to persons under the apparent age of 18; and, with the Minister's approval, may debar women from the whole or part of the premises. The maximum selling price is fixed by the Minister after an enquiry at which the local authority is entitled to be heard. If the nominee of an employer has been authorized to sell beer, the Minister, after reference to the nominee and the employer, may fix the maximum selling price. Previous provisions in regard to the disposal of profits apply. The Deputy Minister said that

(5) Col. 4928. (6) Cols. 4923-4. A SURVEY OF RACE the motive was not to make large profits but to remove restrictions on the availability and possession of the Bantu's traditional drink. He added that in cases where local authorities, under the new Liquor Act, had applied for permission to sell White liquor to Africans in the townships, the Department had stipulated that Bantu beer must also be on sale. Some of these authorities had not previously sold beer, but it would be unnecessary for them to establish breweries, since they could buy beer from other local authorities; moreover, there was now a commercial preparation that could be used as a basis for the brew(7). If a local authority so requests, the Minister may withdraw the exclusive right to manufacture and sell beer. The Deputy Minister said that in various towns-Durban, Kroonstad and East London, for example-the dual system operated, home brewing being allowed side-by-side with municipal sales, and this system worked well. Other local authorities might wish to adopt it(8 ). If the dual system operates, or if the local authority does not sell beer at all, anyone is entitled to brew Bantu beer for domestic consumption, and so, too, is any employer for supply free of charge to his employees. No permits are needed. There is no control of the strength of this beer (nor of beer sold by licensed liquor dealers). But no one is permitted to sell the beer unless he has been authorized to do so. The control of the sale of sprouted grain is abolished. No one may be in possession of Bantu beer on private premises without the consent of the owner or lawful occupier (other than an occupier who is an owner's employee). This does not apply in African townships or hostels, or on premises where the sale of beer has been authorized. The Minister may make regulations dealing with the following matters: the powers and duties of the police and officials in regard to the search for beer manufactured or sold in contravention of the Act; the confiscation of such beer; the control of premises where beer is manufactured or supplied; and the manufacture and com position of beer. It is an offence to sell beer unless authorized to do so; to manufacture or sell beer in contravention of the Act; to sell it in contravention of conditions laid down; to hinder the police in the execution of their duties under the Act; and for women to enter premises which are closed to them. Maximum penalties for a first conviction are a fine of R50, or three months' imprisonment, or both, or such imprisonment

(7) Cols. 5036, 4926. (8) Col. 4926. RELATIONS: 1962 133 without the option of a fine. For second or subsequent convictions they are R100, or six months', or both, or imprisonment without the option.

LIQUOR AMENDMENT ACT, No. 89 of 1962

The Liquor Amendment Act of 1962 made it possible for Coloured persons and Asians to hold licences for the sale of liquor from premises in their own group areas, or in areas predominantly occupied by persons of their own racial group. Such licences, to be granted by the Minister of Justice or someone acting under his directions, must be renewed annually.

Numerous conditions apply: (a) The granting of a licence must be recommended by the National Liquor Board after consideration of all relevant information, representations, objections and police reports. (b) The Minister of Justice must first consult with the Minister of Coloured Affairs or the Minister responsible for the interests of the Asians concerned, as appropriate. (c) No authority is issued in an urban area unless the local authority has first been consulted. (d) A licence may be granted only to the nominee of any association having not less than 10 Coloured or Asian persons as share holders or members, and on condition that no single share holder or member holds or has contributed more than 40 per cent. of the capital. (e) Authority may be granted for sales for on- or off-consumption; but off-sales may be conducted only by persons who are also holders of authority to sell for consumption on the same premises.

(f) The Minister may specify what kinds of liquor may be sold, and may lay down conditions or restrictions, which he may subsequently alter. It is an offence to fail to comply with the conditions or restrictions. The Minister may revoke an authority he has granted, and his decision will be final. (g) The holder of an authority must pay to the Receiver of Revenue such fee, not exceeding R140, as the Minister of Justice, after consultation with the Minister of Finance, may in each case determine. (h) Lists of all authorities granted must be tabled in Parliament. A SURVEY OF RACE ACTION TAKEN IN TERMS OF THESE LAWS

The Minister of Justice said in February(9) that the National Liquor Board had received 2,005 applications to sell liquor in African areas. According to the Press(' 0), about 500 licences were issued, in the main to local authorities, mines and other employers of large numbers of Africans. The Taung Regional Authority was authorized to sell liquor in its area of jurisdiction (Taung and Barkly West), and Africans were granted licences for hotels at Zwelitsha and Mtunzini, bottle stores at Mahlabatini and in a reserve in the Potgietersrus district, and an hotel and bottle store at Umlazi. It was stated that four applications from Africans were refused because they did not comply with the provisions of the Act. The Minister said in May(11) that 80 per cent. of the net profits made by local authorities would have to be paid to the Department of Bantu Administration and Development for use in the general interests of Africans, and the remaining 20 per cent. spent by the local authorities on social or recreational amenities or social welfare services for Africans(12 ). The Brewers' Institute of South Africa ran courses for municipal and other officials, who in turn trained African barmen and sales men, with the object of promoting civilized drinking habits. It was pointed out by the Rand Daily Mail on 27 July that Section 94 of the Liquor Act of 1928 as amended had not been repealed. This renders it an offence for anyone except a licensed dealer to supply liquor to an African. The effect is that a White host may not offer a drink to an African guest, but may permit this guest to bring his own supply and to offer it to persons of any race except, presumably, another African. It would appear, if the law is interpreted strictly, that Africans in their own areas may not offer drinks to other Africans, but may do so to persons of other racial groups who have permission to be in the area concerned. The Liquor Amendment Act of 1961 and Bantu Beer Act of 1962 came into operation on 15 August 1962. There had been much speculation about the likely results; but the Non-White people are reported to have bought liquor, and to have consumed it, in moderation. Government Notice 1510 of 21 September removed the restric tions which had existed in the northern provinces on the sale of methylated spirits to Coloured people and Asians. Africans still require permits.

(9) Assembly, Hansard 4 col. 1203. (10) Sunday Times, 17 April, Star, 1 August. (i1) Assembly, 1 May, Hansard 14 col. 4720. (12) Section 19 (3) of Act 25 of 1945. At the end of a financial year up to two-thirds of the amount retained by local authorities, if not spent in the ways indicated, may be used for housing schemes. All expenditure must be approved by the Minister of Bantu Administration and Development. RELATIONS: 1962

GROUP AREAS AND HOUSING

GROUP AREAS AMENDMENT ACT, No. 49 OF 1962

The provisions of the 1962 Group Areas Amendment Act which deal with the establishment of local governing bodies in Coloured and Asian group areas have been described in an earlier chapter. Other Sections are described below.

Functions of Department of Community Development

The Amendment Act provides that the Group Areas Act and the Group Areas Development Act will be administered by the recently created Department of Community Development instead of, as in the past, the Department of the Interior. The Minister of Community Development said that the two boards would function as organs of his Department, all their ad ministrative work being carried out by the Departmental Secretary. His Department would undertake township planning and would concern itself, in co-operation with other departments, with job opportunities and social, cultural and education facilities; but the actual provision of housing would be undertaken by the Housing Commission in co-operation with local authorities. Housing and Community Development fell under the same Ministry(').

General provisions in regard to group areas

It is provided in the Amendment Act that a permit authorizing the occupation of land or premises may be issued subject to a con dition that the person to whom it is issued shall, on or before the date upon which he commences to occupy such land or premises, vacate any other land or premises specified in the permit. The Minister said(2 ) that this was really a concession. It would enable a businessman likely to become a disqualified occu pant of an area to apply voluntarily beforehand for a permit to operate in his own group area or in a special central trading area, if this existed. Otherwise, when he eventually became disqualified, he would have no means of livelihood. Permits would be given on condition that the applicant vacated his present premises. (1) Assembly. 27 February 1962, Hansard 6 cols. 1634-5. (2) Senate, 25 April 1962, Hansard 11 cols. 2889, 2896-7. A SURVEY OF RACE Under the Amendment Act, the definition of "affected pro perty"( 3) in the Development Act is broadened to include any "defined" property which, on the date of the proclamation making it defined, is used wholly or partly for a purpose other than the particular purpose specified in the proclamation. If, for example, an area or a particular property is "defined" for business use, premises there which are used solely for business purposes will not be affected. Some relief is granted to various categories of persons, for example Non-White occupants of White-owned properties in a White group area, and owners or occupants of property used for residence, or partly for residence and partly for business, in an area defined for business use. If such properties were "affected" at the date of commencement of the Amendment Act, the owners may within two months of this date request that they be not dealt with as "affected properties". When new group or business areas are proclaimed after the promulgation of the Amendment Act, properties such as those described above, situated in these areas, will not be regarded as "affected" unless the owner specifically requests within two months of the date of the group areas procla mation that they be treated as "affected". In each case the Minister may allow a longer period. In cases where improvements other than the erection or alter ation of buildings are, with the Board's approval, made after the basic date(4) on land which is affected, or in cases where the value of an affected property is increased in consequence of zoning under town planning schemes, the owner may apply for the basic value to be redetermined. If a building is damaged or destroyed after the basic date, but before the basic value of an affected property has been determined, the property will be valued as it exists at the date on which the basic value is eventually determined.

REGULATIONS UNDER THE GROUP AREAS DEVELOPMENT ACT

Revised regulations under the Group Areas Development Act, dealing with details of the administration of this Act, were published as Government Notice R734 of 11 May 1962.

POLICY IN REGARD TO INDIANS The Minister of Community Development is reported( 5) to have said in September 1962 that the Government had decided (3) i.e. property owned and/or occupied by a person who is not qualified under the Act to do so. (4) i.e. the date of the relevant proclamation. (5) Star, 6 September. RELATIONS: 1962 137 that, so far as possible, the present generation of Indian traders would not be deprived of their livelihood in terms of group areas proclamations. For the time being the emphasis was to be on residential segregation. In large towns provision would be made for specified areas for Indian trade; but isolated Indian shops must be moved. Where it was practicable, the Minister continued, Indian residen tial areas would be proclaimed adjoining areas where they had been settled for a long time. There would also be regional townships such as Lenasia. The policy was that Indian areas should not adjoin African townships, and that trade should not be created for Indians among the Coloured or poorer Whites. Non-White areas must not surround White towns, as this would prevent expansion. The Development Board has caused consternation by deciding to expropriate ground in Pietersburg on which there is a mosque, and some stands in Piet Retief on which there is a school and rooms used for purposes of worship. The Muslims in these towns have reiterated their belief that buildings and sites that have been used for worship are sacred and cannot be sold or utilized for any other purpose. The areas concerned have been zoned for Whites. The Chair man of the Group Areas Board said in June 1958(6) that permits, which would not have to be renewed annually, would be granted to Muslims for the occupation of mosques in White group areas for as long as these were required for worship. But there would come a time when these mosques would fall into disuse, as Indian group areas with their own places of worship were developed, and the permits would then be cancelled.

PROSECUTION OF SPORTING BODY UNDER GROUP AREAS ACT

The trial and acquittal of seven White, Coloured, and Indian soccer players, who had taken part in a mixed match in Durban, is described in the penultimate chapter.

GROUP AREAS FOR WHITES, COLOURED AND ASIANS

Further proclamation for Johannesburg, April 1962

In terms of a further proclamation, No. 83 of 13 April 1962, many more of Johannesburg's suburbs were zoned for Whites; land was added to the Coloured group area in the extreme west; and a border strip was set aside between the White and Coloured areas. (6) Star, 26 and 30 June 1958. 138 A SURVEY OF RACE Large numbers of Non-White people live in some of the suburbs allocated to Whites-Doornfontein, New Doornfontein, Ferreiras dorp, etc. In an article published in April(7) Dr. Ellen Hellmann said that at the time of the 1951 census there were more than 5,000 Indians and close on 6,000 Coloured people in these areas. Their numbers have probably grown considerably since then. The total Non-White populations of these areas will be known only when the Development Board completes a list of affected properties. Many thousands of Non-White people, besides those referred to above, will have to leave their homes in terms of earlier group areas proclamations for Johannesburg. In the Assembly on 27 April(s) the Minister of Community Development gave figures showing the sizes of the areas so far set aside for Whites, Coloured, and Asians in and adjoining Johannes burg. He said that further areas for possible Coloured occupation were being investigated. If his figures are compared with prelimin ary population statistics for the metropolitan area, as revealed by the 1960 census, the following is the position: Number of Extent of area set Area per Group persons aside for each group person Whites ...... 389,690 53.10 sq. miles 422 sq. yds Coloured .. 56,951 5.53 sq. miles 301 sq. yds Asians ...... 27,069 3.31 sq. miles 379 sq. yds (Indians only)

In studying these figures several things should be borne in mind: (a) Of the Whites in the metropolitan area, 29,496 were living out side the municipal boundaries in 1960. Most of the places where these people live, for example Randburg, have been proclaimed White. The effect is to increase considerably the area available per White person. (b) A great many more Non-Whites than Whites will have to move. (c) Some of the Coloured group areas are as yet only partly developed, while others will have to be rebuilt. (d) The Indian group area is between 19 and 22 miles from the centre of the city. Furthermore, it may have to serve the Indians of certain West Rand towns, and scattered traders in peri-urban areas, as well as the Indians of Johannesburg.

(7) Rand Daily Mail, 25 April 1962. (8) 27 April, Hansard 13 col. 4527. RELATIONS: 1962 139 Proclamation for Johannesburg gazetted in September

Another proclamation for Johannesburg, No. 227 of 28 Septem ber, applied Section 16 (3) (b) of the Group Areas Act to large numbers of stands in the adjoining suburbs of Fordsburg, Burgers dorp, and Newtown, which are situated in the extreme south-west of the business area of the city. The effect is that occupation by a member of any racial group can be controlled by permit. These suburbs are at present cosmopolitan in nature. Parts of them are almost entirely occupied by Indian traders, but large numbers of Coloured people and a minority of Whites live there too. According to a statement by the Secretary for Community Development(9), this is to become an inter-racial business area, developed mainly as an "Oriental bazaar" of appeal to tourists. As a condition of permits, traders will have to maintain stipulated standards. But the area will be set aside for commerce only: flats above business premises will not be allowed. The large numbers of Indians now living there will have to move their homes to the Indian group area. This decision will afford some relief to Johannesburg Indians; but it will certainly not be possible for all the present traders to establish businesses in the area concerned. Apart from the fact that it is not large enough, Indians point out that the prices of stands will be prohibitive if only business premises may exist there, and development "upwards", with offices and flats above the shops, is not allowed (10).

Effects of the Johannesburg proclamations

The Johannesburg proclamations now cover most of the city. It is only in a few small areas, such as Pageview (near Burgersdorp) and certain land to the south of the main city area, that the future is uncertain. The broad effect is that nearly all of the municipal area is zoned for Whites and that only a very small minority of Whites will be called upon to move. The Coloured people will all have to live in their group areas in the extreme south-west of Johannesburg and on land adjoining this which is outside the municipal boundary. These areas are described later. It was decided in 1956 that almost a thousand Coloured families would eventually have to leave Albertville, the best of the

(9) Star, 13 October. (10) Star, 16 October. 140 A SURVEY OF RACE Coloured suburbs, which was made an undated White area. It is separated from the Coloured group area by Sophiatown and New lands, which were also allocated to Whites. Proclamation 121 of 25 May 1962 stated that as from that date Albertville was an area for White occupation and ownership. The effect is that as from 25 May 1963 householders can be given three months' notice to leave, and Non-White traders twelve months' notice. Coloured families residing at Martindale, adjoining Sophiatown, were served with such notices early in 1962. The only group area set aside for Indians is Lenasia, between 19 and 22 miles from the centre of the city. The City Council is anxious that there should be a more accessible area, within the municipal boundaries, mainly for Indians who cannot afford the time or money necessary for daily travel to Lenasia. It has urged that Indians should have Pageview (which in 1956 was made an undated White area), and that another conveniently sited residential area should be developed for them. According to evidence given before a committee of the Group Areas Board in March 1962, there were then 4,119 Indians, 869 Malays, 59 Chinese, 477 Col oured, and 4 Arabs living in Pageview, and 95 per cent. of the stands were Indian-owned( n ) . About 60 Indian and Chinese shop keepers received orders to leave Martindale by the end of April 1962, but as a result of repre sentations made by them and by the Department of Indian Affairs they were given a year's grace. No area has been allocated to the Chinese people of Johannes burg. Unless they are granted permits authorizing them to live in areas set aside for other groups there are few premises that they can legally occupy. A case which came before the magistrate's court in October 1962 brought out the fact that many Chinese people prefer to continue in unlawful occupation of their homes, risking prosecution, rather than trying to obtain permits which may be refused( 2).

Coloured group areas in Johannesburg

Coloured people will retain the suburb of Coronationville, where about 600 families are fairly satisfactorily housed, and the Newclare area, much of which will have to be rebuilt. There are 8,000 or more Coloured families in Johannesburg at present awaiting re-housing, and this list will grow as group areas proclamations become effective. Many are living in shacks at Newclare, or in basements or garages, or in a disused African

(11) Rand Daily Mail, 7 March. (12) Star, 3 October. RELATIONS: 1962 141 mine compound at Langlaagte, or in seriously overcrowded homes where they are sub-tenants. The Africans are being moved from Western Native Township, adjoining Newclare, and this will eventually be rebuilt as a modern Coloured township. But for the present the 2,000 houses there in which Africans previously lived are being used, as they become vacant, to shelter Coloured families evicted from buildings else where in the city and those from the worst of the Newclare slums. There is also an emergency camp for Coloured at the old Diepkloof reformatory. The City Council is developing a township called Riverlea at Langlaagte, near Coronationville. At the time of writing 623 pleasant economic houses had been built, for sale or rental, and more than 200 stands had been serviced for sale to people who prefer to build for themselves. It is planned, as a next step, to provide sub-economic housing for poorer families at Riverlea Ex tension. Much of Newclare will then be rebuilt, and eventually a new housing scheme will be constructed at Western Native Town ship. In 1956 two undeveloped areas called Bosmot and New Monte leo, adjoining Newclare to the west but outside the municipal boundaries, were allocated to Coloured people. A new township called Bosmont is being created there by the Department of Com munity Development. A 160-house scheme is being undertaken, and about 500 more houses will be built later. Stands are available for sale. This township is intended for families displaced under group areas proclamations, for example from Albertville and Martin dale. But a minimum deposit of R200 is required for a house, which many families cannot afford to pay. The Department does not rent these houses. Some of the people who had to leave Martindale were for this reason unable to register for homes at Bosmont. They had been used to more spacious accommodation than the emergency dwellings to which they could not take all their furniture(13). Even when all the schemes being undertaken or planned at present have been completed there will still be a serious shortage of housing for the Coloured people of Johannesburg.

Lenasia

There are various distinct sections within Lenasia. Two of them provide temporary accommodation for Indian families awaiting rehousing. One of these is the Old Camp, run by the City Council,

(13) Star, 17 April 1962. 142 A SURVEY OF RACE where about 50 huts have been subdivided so that each can accom modate two families. The second, the New Camp, is administered by the Department of Community Development. Some 100 families are living there in old army huts. There has been much dissatis faction with living conditions. In another section of the township about a hundred people have built their own homes on freehold stands. In general they are of high quality. The Department of Community Development is developing two housing schemes. One, called Greyville, at present provides austerity housing of two types for 100 families. The rooms are extremely small, and there are no ceilings, no hot water, and only one interior door. Tenants of the larger dwellings pay R16.90 a month in rental, but have to pay for water and light as well. Elec tricity charges are high throughout the township: the total amount payable per month for rent and services may be as much as R22. In the second scheme, called Rainbow Valley, there are at present about 250 pleasant houses of five different types, and more are being built. Indians may buy these houses, depositing at least R200 and paying the balance within 30 years. Monthly amounts payable, including water and light, may be about R40. There is ample school accommodation available for present needs. These schools were erected to cater, also, for large numbers of Indian children from the city who have to travel perhaps fifty miles daily. The Indians of Lenasia have several grievances. (a) The township is much too far from the city. It takes about 40 minutes to go in by bus and from 50 minutes upwards by train, depending on the number of stops. A monthly rail ticket costs R5.75. Many of the wage-earners are waiters, who work irregular hours and earn an average of about R40 a month. Even if several members of a family are working it is difficult to afford the rent and almost impossible to find the time or money needed to travel backwards and forwards daily. Some of the waiters come home only once a fortnight. (b) There has been much delay in the provision of services. A small police patrol tours the township, but no police station has yet been provided, and there is as yet no street lighting. Burglaries occur: the men have formed a civic guard for their own protection. So far there is no clinic, and the nearest Coloured and Indian hospital is 15 miles away (although a nearer African hospital does accept emergency Indian cases). There is only one telephone-a public one-only one tarred road, and waterborne sewerage has not yet been installed. A post office is only now being built. RELATIONS: 1962 143 (c) Few recreational or cultural amenities exist at Lenasia. There is no library or cinema. The only sporting fields are those at the schools.

Group Areas in Vereeniging and Vanderbijlpark

Proclamations Nos. 195 to 197 of 24 August 1962 dealt with the area surrounding Vereeniging. There are three towns there that form a triangle: Vanderbijipark in the west, Vereeniging in the east, and Residentia, forming the apex of the triangle, near Evaton in the north. Practically all of the built-up portions of these towns have been reserved for Whites. According to Press reports(14) there are 173 Indian and 14 Chinese families in Vereeniging, totalling 868 people. Indians own 113 businesses in the magisterial district, of which about 20 are along the main street of the town, in the central shopping area. Some of them have been there for fifty years. More than 500 Indians live at Residentia, where they own 36 shops. At the time of the 1960 census there were 87 Asians in Vanderbijlpark. The Coloured population was not stated in these reports; but in 1960 there were 1,152 Coloured people in Vereeniging and Vanderbijl park. It was said in evidence before the Group Areas Board that there are about 300 Coloured at Residentia. In terms of the proclamations, the Coloured will have to move to an undeveloped area called Mafube, about 8 miles north of Vereeniging. The Indian group area will be north of this again, at Dadaville and part of Mafube, to the east of the main road to Johannesburg. There are already a few Indian-owned houses at Dadaville. The Chinese area will adjoin that of the Indians.

It was announced that the Department of Community Develop ment is considering the establishment of an Indian trading area in a block at the south end of the town of Vereeniging. About 19 Indian traders are there now.

This plan has met with opposition from three sides. The Non Whites do not want to move. White residents of Meyerton and De Deur, villages just to the east of the Non-White group areas, have objected to having Non-Whites next to them. The Vereeniging Chamber of Commerce has protested on the grounds that the plan is indefensible morally as well as being economically unwise(15 ).

(14) Sunday Times, 26 August and 14 October. (15) Star, 24 August. 144 A SURVEY OF RACE Group areas on the East Rand

It was mentioned in last year's Survey( 6) that in terms of a proclamation issued in October 1961 the African townships of Stirtonville and Galeview in Boksburg were declared Coloured areas, while most of the rest of this town is set aside for Whites. The Africans will be moved further out to a new township called Vosloorus, being developed in the Natalspruit complex, where those from Germiston and Alberton are accommodated. A regional township for about 3,000 Coloured families from Benoni, Germiston, Boksburg, Edenvale, Kempton Park, and Bedford View is to be established at Stirtonville and Galeview. Bedford View, Edenvale, and most of Kempton Park have already been declared White areas. The Boksburg municipality is building good-quality houses for sale to the better-off Coloured people in part of their group area, on the northern shore of Cinderella Dam, where a pleasure resort for Coloured will be developed. According to the Minister for Community Development( 7), another Coloured group area may be proclaimed later in the Springs-Geduld area, further east. The Group Areas Board has been considering the establish ment of a regional township for the Indians of the East Rand, but its plans have not been made public*.

Group areas in Pretoria

The group areas proclamation for Pretoria was described in the 1957-58 issue of this Survey(18). Inter alia, all the Indians will have to move their homes to an area called Claudius, about eight miles south-west of the city, where a township known as Laudium is being developed. It is likely that the old "Asiatic Bazaar" will become a mixed trading area, but Indians operating in the centre of the city will have to move their businesses. In any case the "Bazaar" is probably too small to accommodate them all and is not centrally situated. The City Council is erecting houses at Laudium, and those Indians wishing to do so may build for themselves. An investiga tion by the Liberal Party(' 9) indicated that, in general, the Indians appreciate the improved housing, for they had previously been living in extraordinarily overcrowded conditions. But many of

(16) Page 161. (17) Assembly, 14 June 1962, Hansard 20 cols. 7958-9. *See Addendum. (18) Page 105. (19) Extracts published in Rand Daily Mail, 28 May. RELATIONS: 1962 145 them are finding it difficult to meet the charges of between R20 and R30 a month for rent, electricity and water. Liberal Party workers questioned 60 of about 100 families who have moved to Laudium, and found that 38 per cent. have a total family income of R30 and under; 36 per cent. an income of between R30 and R40; and 24 per cent. between R40 and R60. Because of the high rentals the poorer families are forced to cut down on food. The City Council is developing another housing scheme in the Coloured group area at Eersterust.

Group areas in other Transvaal towns

In terms of a proclamation issued in 1961, the 40 Indian families of Nylstroom, totalling about 200 people, will have to move to a new undeveloped site 1- miles out of town. Most of them are descendants of pioneers who arrived before the South African War. They own 16 general stores and 4 caf6s in the business centre(20). The Indians of Swartruggens, in the Rustenburg district, who were moved from the centre of the town about twelve years ago to an area near the station, are in terms of a 1962 proclamation to be moved again to a place nearly a mile out of town. They own . about eleven businesses (1) A proclamation for Piet Retief was gazetted on 25 May. About sixty Indian families and smaller numbers of Coloured will have to move to a site 11 miles out of town. Perhaps as much as half the trade of the town is at present in Indian hands, much of it consisting of small-scale, casual purchases by Whites and Africans which would cease were the Indians forced to move their businesses. As is mentioned earlier, the Development Board has caused great consternation by expropriating stands on which an Indian school, a building used for worship, and the home of the priest have been established. The Klerksdorp proclamation was published during 1959, and the Indians were subsequently informed that they would have to leave the White part of the town by 7 November 1963. The Town Council planned to establish a township called Sakhrol in the Indian group area, where the people would build for themselves with assistance from the Council in cases of need. It was reported in May( 2 2) that, because of their opposition to the move, the Indians had refused to give information about their housing needs.

(20) Sunday Times report, 11 March. (21) Star, 12 October. (22) Star, 4 May. 146 A SURVEY OF RACE Group areas for Whites and Indians have been proclaimed in Amersfoort. The township of Marthinus Wesselstroom in the Wakkerstroom district has been declared a White area. An addi tion has been made to the Coloured group area in Pietersburg( 23).

Group areas in the Cape

The group areas proclamations for Cape Town and Port Elizabeth were described in last year's Survey(24). During the year under review the Coloured group area at Schotsche Kloof in Cape Town was slightly enlarged. In February the Minister of Community Development described the housing schemes that were being provided for Coloured people(2 5). His Department, he said, was building 500 dwellings at Duinefontein, and the Cape Town City Council was erecting 8,000 at Bonte heuvel, one-fifth of which would be allocated to people who had to be resettled in terms of group areas proclamations. Other authorities or organizations were providing 3,000 more houses at Bellville, Heathfield, and Retreat. Ultimately 3,300 Coloured families would have to move from Goodwood: of these, 1,900 would be settled in Bishop Lavis Township, and the rest would be rehoused within the next few years. A further area has been set aside for Coloured in Goodwood and Parow, south of the railway line to the interior.

A Departmental official said in October( 26) that a hundred houses were to be built in the Indian group area of Cape Town. It was mentioned last year that certain areas in Port Elizabeth had not yet been zoned. The future of the lower part of South 2 End has still not been decided. According to Drum( 1) there are 8,478 Coloured people, 5,189 Whites, 1,565 Asians, and 635 Africans living in this area. Non-Whites own 1,009 of the sites, and have established large numbers of businesses. Five mosques and several temples, schools, and churches have been built there to serve the Non-White population. 28 The Secretary for Community Development said in October( ) that it was possible that the Perl Road area in Port Elizabeth might be declared a general business area. It is some distance from the main shopping centre of the city. If this plan is adopted it will afford relief to some of the Indian traders; but it seems doubtful

(23) See 1959-60 Survey, page 156, for details of the Pietersburg proclamation. (24) Pages 166 and 170. (25) Assembly, 27 February 1962. Hansard 6 cols. 1636-7. (26) Rand Daily Mail, 5 October. (27) April issue. (28) Star, 13 October. RELATIONS: 1962 147 whether all of those to be displaced from areas like North End and Sidwell, which have been zoned for Whites, will be able to establish new businesses successfully in the Perl Road area. Details of the numbers of Non-Whites who will have to move from certain parts of the city were published in the February and April issues of Race Relations News. During the year under review group areas for Whites and for Coloured were proclaimed in Stellenbosch, Queenstown, Middelburg, Fort Beaufort, Riebeek Kasteel, Bedford, Laingsburg, Venterstad, Prince Albert, Willowmore, Joubertina, Williston, and Caledon. Small areas in Queenstown and Caledon have been "defined", the effect being to freeze the existing position pending a decision as to rights of ownership and occupation. In Vryburg areas have been set aside for Whites, Coloured and Indians. It was reported last year(2 9) that part of Noorder Paarl had not been zoned. During August this area was divided between the Coloured and White groups.

Group areas in Natal

The group areas proclamations for Durban have been described in previous issues of this Survey(30 ). One of the remaining gaps was filled in during December 1961, when it was decided that the Coloured people will retain their housing scheme at Sparks Estate. The proclamation gazetted in 1958 allocated Cato Manor to Whites. According to a recent survey by the Natal Mercury31 ), there are 40,000 Indians living at Cato Manor, occupying 21,000 acres worth R40,000,000. Many have been there for as long as 80 years. It was announced in June( 32) that the Government was reconsidering the zoning plan. The Minister of the Interior said in 1959(33) that about 2,000 Coloured people and an undetermined but very large number of Africans were living in this area. The Africans are being moved out, and this has caused financial loss to Indians who previously rented rooms or dwellings to them. Some of these Indians have in consequence been unable to pay their rates; forced sales in execution have taken place; and low prices have been obtained because Whites were unwilling to buy and Indians could not do so. According to the Natal Mercury survey, the Indians who will have to leave the Durban suburbs of the Berea, Riverside, Prospect Hall, Rossburgh, Sea View, Bellair, and Hillary now occupy about

(29) 1961 Survey, page 172. (30) e.g. 1961 Survey, page 175. (31) Quoted in Race Relations News, May. (32) Rand Daly Mail, 23 June. (33) Assembly, 27 February 1959, Hansard 5 col. 1639. 148 A SURVEY OF RACE 1,600 buildings of a rateable value of R4,000,000. The market value, however, would be nearer R75,000,000, it was stated. 34 The Secretary for Community Development said in October( ) that the Department had not yet given attention to the problems relating to Indian business in Durban. It was concentrating first on trying to improve the residential facilities. Work has been continued on the housing schemes in Durban that were described in last year's Survey(35). A Departmental official said in October(3 6) that dwellings for Indians were also being built in Pietermaritzburg, Stanger, and Tongaat. During 1962 group areas for Whites and Coloured were pro claimed in Vryheid, and for Whites, Coloured, and Indians in Ladysmith and Newcastle.

HOUSING SCHEMES FOR AFRICANS

Accommodation available in the larger cities

In an article entitled "The Private Budget of the Urban Native", published in the September 1962 issue of Optima, Professor 0. P. F. Horwood of the University of Natal gave the statistics quoted below, which he had obtained from municipal or other authorities. They show the position in May. Municipal housing Family Single Municipality No. of persons, Houses Persons Hostels, etc. Johannesburg .. 56,614 361,250 22,250 3 Germiston.. .. 13,896( 1) 87,710 4,901 Springs .... 5,992 49,500(40) 2,370 Benoni .... 11,813 78,290 2,290 Pretoria .... 17,957 154,640 4,660 38 Durban .... 18,147( ) 85,000 17,760 Port Elizabeth .. 20,213 99,900 4,340 Cape Town .. 3,678(39) 22,790 18,100 East London .. 8,356 49,280 750 Bloemfontein .. 5,620 47,650 3,180 Total ...... 162,286 1,036,010 80,601

(34) Star, 13 October. (35) Page 178. (36) Rand Daily Mail, 5 October. (37) Excluding temporary hutments. (38) Includes 865 houses at Umlazi Mission Reserve and family housing on 2.300 sites at the Cato Manor Emergency Camp. (39) Inc!udes 1,128 "site and service" dwellings in emergency camp. (40) Includes 6,400 persons living in owner-built dwellings. RELATIONS: 1962 149 Compounds, licensed Municipality premises, Other Totals domestic servants Johannesburg .. 149,190 81,920(41) 614,610 Germiston.... 27,300 119,920 Springs .... 50,360 102,230 Benoni .... 9,920 90,500 Pretoria .. 29,280 188,580 Durban .... 79,100 40,000(42) 221,860 Port Elizabeth .. 6,930 111,170 Cape Town .. 11,000 19,000(43) 70,890 East London .. 10,650 60,680 Bloemfontein .. 9,070 59,900 Total ...... 382,800 140,920 1,640,340

Housing schemes in progress

The housing in urban areas that was provided for Africans in 1962 consisted, in the main, of extensions to schemes undertaken earlier. These were described in some detail in last year's Survey. The resettlement plan is being continued by the Peri-Urban Areas Health Board at Alexandra Township, Johannesburg. Ten ants who were resident in the township at the time of a census taken in February 1958, but are employed in Johannesburg itself, are being moved to Meadowlands or Diepkloof. According to the manager of the Board( 44) more than 40,000 will have been moved by the end of 1962. Those who work in the Germiston area will be rehoused at Natalspruit or Tembisa. In time, only stand holders and people who are employed in Randburg or in the peri urban areas to the north of Johannesburg will be permitted to live at Alexandra. The Johannesburg City Council has continued moving Africans from Western Native Township (which is to be a Coloured area) to new homes at Moroka. A large new township called Ga-Rankuwa is being developed by the Department of Bantu Administration and Development, which employs African contractors. It is situated about 22 miles to the north-west of Pretoria, and will serve the "border" industrial area being created nearby. Africans who owned freehold property in Lady Selborne or other Pretoria townships now zoned for Whites will also qualify to go to Ga-Rankuwa. Plots are being sold there for an average of R40, and four-roomed houses for about

(41) Persons in Diepkloof, Meadowlands and hostel. (42) Estimated population of Cato Manor Emergency Camp (reduced from 100,000 in past 3 years). (43) Outside municipal townships. Being moved to Nyanga West. (44) Rand Daily Mail, 28 June. 150 A SURVEY OF RACE R520. Departmental loans are available, repayable over 40 years(45). The name of the township to the east of Pretoria has been changed from Vlakfontein to Mamelodi. The Department has decided to build a township, to be called Mdanzane, which will serve future "border" industries to the north of East London. It is planned that in time the Africans living in Duncan Village and West Bank Location, in East London, will be moved to Mdanzane. Work is continuing on the new housing scheme in the Umlazi Mission Reserve, near Durban; and the Department is planning another scheme in the Zwartkop Reserve near Pietermaritzburg.

The Umlazi squatters

About 10,000 African "squatters", many of whom are legally employed in Durban, are living in a shanty-town at Malakazi, near Umlazi. The Minister of Bantu Administration and Development said in June( 46) that some of them would be allocated houses at the new Umlazi township. Those who will qualify are: (a) old Umlazi residents who had to vacate their allotments when the area was developed for township purposes; (b) other displaced families who belong to the tribe in whose area the township is situated; (c) Zulu persons who are legally employed in the southern portion of Durban. Others in legal employment will be accommodated in the town ships of Durban or at Umbogintwini. "Illegal" squatters will be repatriated, the Minister said.

Arrear rentals

It was mentioned earlier that numbers of Indians cannot afford to pay the monthly charges levied in the township of Laudium, near Pretoria. The position throughout the Republic is even more difficult for Africans. Their living conditions have been greatly improved by the provision of new housing schemes, but with few exceptions economic rents are charged. Over a period of years Africans are expected to repay the loan granted for the housing scheme, including lower primary schools and interior services, and the interest on this loan.

(45) Digest of South African Affairs, 22 January. (46) Assembly, 5 June, Hansard 19 cols. 7026-7. RELATIONS: 1962 151 The majority of urban Africans cannot afford to pay the rents and the necessary transport costs, unless they spend much less on food than the minimum that is considered to be necessary for health. The malnutrition which results is described later. Many families are persuaded to enter into hire purchase commit ments which are beyond their means. People who become ill, or are temporarily unemployed, fall into arrears with their rents. According to various reports the arrears in Johannesburg were R230,000 in March 1962, and had mounted to R428,000 by June. In cases of real hardship the rents are remitted; but Mr. P. R. B. Lewis, the chairman of Johannesburg's Non-European Affairs Committee, maintains that numbers who can afford to pay do not do so unless action is taken against them(47 ). From information given by Mr. Lewis and by the City Trea surer (48 ) it transpires that in February 1962 there were 57,827 tenants in the Johannesburg townships. During 1961 a total of 30,769 summonses were issued against Africans who had failed to pay their rents a month after these became due. For various reasons some of these summonses were not served; but 23,498 people were prosecuted. Of these, 7,744 signed admissions of guilt and paid their rents and fines which totalled R6,347. The remain ing 15,754 Africans were sentenced to prison with the option of fines which, in all, amounted to R18,553. There were 3,821 arrests of people who failed to answer summonses; and 93 "confirmed offenders" were evicted from their homes. Large numbers of those who were given the option of a fine could not pay both this and the rent owing; they had thus to serve prison sentences of varying terms up to 30 days. As a result, many lost their jobs. During early 1962 the Liberal and Progressive Parties conducted a campaign against the system of criminal prose cutions for failure to pay. It was announced in April(4 9) that in future the Johannesburg City Council would treat its African tenants in the same way as it did Whites. Except in cases of real hardship, when the rent might be remitted, action would be taken against those who failed to pay within the first seven days of the month. There would be no further prosecutions, but people who frequently failed to pay would be evicted. Where possible, stop orders would be imposed on the wages of workers who were in arrears. More superintendents would be appointed in order that the personal circumstances of families could be better known. Poorer families would be required to share houses, even if this meant overcrowding.

(47) Rand Daily Mail, 7 February. (48) Ibid, and Star, 17 March. (49) Star, 26 April, 1962. 152 A SURVEY OF RACE Africans in numerous other towns are also in arrears with their rent. At the end of January those in Pretoria owed R105,843. In that city, suspended sentences are imposed conditional on the arrears being paid. People who fail to do so may be evicted(5 1). At the same date the Africans of Kwa Mashu, Durban, were R134,000 in arrears (51) . Employers there are asked to recover amounts due by way of stop-orders, and if this and other methods fail, legal proceedings are instituted.

Transport services

In cases where African townships are a long distance from the centre of the city the State subsidizes train fares. A tariff of R2.20 a month is frequently charged, whereas an economic fare might be double this. But even this amount is a heavy burden on African workers. Many of them have to pay additional sums for bus fares at both ends of the train journey. In the official estimates for 1962-63(52) an amount of R3,500,000 was set aside to cover the loss on the operation of railway passenger services to and from African townships. The equivalent amount for the previous year was R2,000,000. The Railways have still not been able to provide sufficient rolling-stock. During 1962 the Rand Daily Mail ran a series of articles describing the serious overcrowding on the trains taking workers to and from Johannesburg. In order to reach their homes at the end of the day, passengers cram the trains from window to window; they travel on the buffers between coaches; they hang on to the side of the trains on the outside.

(50) Race Relations News, February. (51)Ibid. (52) R.P. 1 and 41 of 1962. RELATIONS: 1962

EMPLOYMENT

RESERVATION OF WORK

Determinations in force at the end of 1961

At the end of 1961, five determinations existed which reserved work for persons of specified racial groups. These were: No. 2, 1957, reserving for Whites the driving of motor transport vehicles in the Durban municipal cleansing depart ment; No. 4, 1958, reserving for Whites the posts of firemen and traffic policemen above the rank of constable in the Cape Town area, and placing restrictions there on the employment of Coloured ambulance drivers and attendants and traffic constables; No. 5, 1959, reserving for Whites the operation of lifts in certain types of buildings in Johannesburg, Pretoria, and Bloemfontein; No. 6, 1959, reserving for Whites skilled work in the building in dustry in urban areas of the Transvaal and Free State other than in African townships (as is mentioned below, certain exemptions have been granted); No. 8, 1960, for the clothing industry. This is a complicated measure, the object of which is to prevent the per centage of Whites employed by any employer, or of Whites and Coloured together, from falling below the percentages that obtained at set dates. Determination No. 1, an earlier measure relating to the clothing industry, was held to be ultra vires. Nos. 3 and 7 reserved for Whites certain (mainly operative) types of work in the iron, steel, and metallurgical industry, but were suspended until December 1962 because a new industrial council agreement was made in terms of which considerably higher wages were prescribed for the work concerned. Employers may use Non-White labour in these occu pations provided that they pay them at the same rates as Whites earn. The Minister of Labour said(1) that if wage rates are fixed at a level sufficiently high to attract Whites, then "the White man, with his superior knowledge, must be able to retain that work against the Non-White with his inferior civilization". (1) Senate, 12 April 1961, Hansard 10 cols. 2954, 2993, 2996. 154 A SURVEY OF RACE Certain exemptions have been granted from Determination No. 6, which relates to the building industry in the Transvaal and Free State. In terms of Government Notice 709 of 11 May 1962, employers in Bloemfontein may allow Non-Whites to drive vehicles of an unladen weight not exceeding 7,700 lb.; but this exemption will cease to operate if a White driver of a vehicle weighing between 6,000 and 7,700 lb. is replaced by a Non-White. Government Notice No. 1287 of 17 August granted the same exemptions in the Transvaal. Again, the reason was that the wage rates for these drivers were increased. Further exemptions make it possible for Coloured artisans to be employed in the building trade in their group areas. The Native Building Workers' Act of 1951 provided for the employment of African artisans in African townships. It was stipulated in the determination for the clothing industry that, in the Transvaal, whenever posts of supervisors, foremen, choppers-out, or markers-in are vacated or created, the work must be reserved for Whites('). This has caused difficulties for employers, as White workers are not always available, and has resulted in hardship for skilled Coloured workers who may have left the factories in which they were employed at the time when the deter mination came into force. In June the Star reported the case of Mr. Arthur Lollan, who was head cutter in a Johannesburg concern but left because he disliked his employer. No other factory could employ him as a cutter. After some weeks, however, the Depart ment of Labour agreed to grant an exemption to any employer wishing to make use of his services, on the ground that there were no Whites registered as unemployed in this trade(3) .

Determinations published in 1962

No. 9 During 1961 the Town Council of Springs decided to use lorries instead of mule-carts for transporting rubbish, refuse, and night-soil, and to employ African drivers. As objections were lodged with the Department of Labour, an investigation by the Industrial Tribunal was ordered, and the Government then published Determination No. 9, which states that the work of driving these vehicles in the industrial areas or White suburbs of Springs must be reserved for Whites. It was reported(4) that, as a result, twelve Africans were replaced by White drivers.

(2) See 1959-60 Survey, page 180, for further details of this determination. (3) Star, 22 May. 8 June and 19 June. (4) Rand Daily Mail, 26 February. RELATIONS: 1962 155 No. 10 Following a dispute between the City Tramways Company in the Western Cape and the Tramway and Omnibus Workers' Union over the employment of Coloured drivers and conductors, Deter mination No. 10 was gazetted. This provides that on not less than 24 days in any month at least 84 per cent. of the drivers and con ductors employed by the company must be White persons.

No. 11 Complaints were received by the Department about the in creasing extent to which Africans were being employed as drivers on the Free State goldfields. Determination No. 11 laid down that in certain industries in this area the drivers of vehicles of an unladen weight of 10,000 lb. or more must be White persons. The industries concerned are cement products, meat, mineral water manufacturing, quarrying, brick-making, sale of sand, stone-crushing, and the transportation of goods.

No. 12 Determination No. 12 relates to the wholesale meat trade on the Witwatersrand and in Pretoria. It reserves for Whites various skilled types of work, including the driving of motor vehicles of an unladen weight of 10,000 lb. or more.

Investigations in progress

Four types of investigations have been referred to the Industrial Tribunal. Firstly, it has been directed to investigate whether mea sures are desirable to protect Whites against inter-racial com petition in: (a) the building industry in Natal and the Cape; (b) the trade of barman in the chief towns of Natal. Secondly, it is investigating whether measures are desirable to protect Whites and Coloured against inter-racial competition in: (a) the motor assembly industry; (b) the operating of machinery used for road construction, levelling of ground, or removal of earth in the Transvaal, Free State and Natal. Thirdly, the Tribunal is examining the desirability of measures to safeguard employees generally against inter-racial competition in: (a) motor transport driving in Durban; (b) the footwear industry; (c) the furniture industry. 156 A SURVEY OF RACE And finally, it is considering whether measures should be taken to protect Coloured and Indian workers against African competition in: (a) the laundry, dry cleaning, and dyeing trade in the Western Cape and Natal; (b) the liquor and catering trade in the Western Cape and Natal; (c) occupations in private hotels and boarding houses in the Western Cape and Natal.

The textile industry

During 1961 the Tribunal completed an investigation of the situation in the textile industry. It reported that wages were low in the middle and lower categories of work, partly as a result of competition from the East and from South America. In any case, Whites did not find this work congenial. The allegation of dis placement of Whites by Non-Whites had not been substantiated. A job reservation determination would neither attract nor stabilize White labour, the Tribunal concluded. The Minister of Labour accepted this view(5).

WAGES OF UNSKILLED WORKERS

Ministerial policy

In the Senate on 19 March 1962(6) the Minister outlined the Government's policy in regard to the wages of unskilled workers. These, he said, should be improved by means of gradual and selective increases. Whenever possible, wage determinations, es pecially for unskilled labour, would be reviewed at intervals of not more than five years. When investigations were referred to the Wage Board, preference would be given to industries in which large numbers of unskilled workers were employed. Departmental offi cials would insist that the rates laid down for these workers in wage determinations were incorporated in industrial council agree ments, unless exceptional circumstances prevailed. Such circumstances might exist, the Minister continued, in new industries in developed areas, also in industries in undeveloped or underdeveloped areas. Care must be taken not to obstruct, or to render impossible, the establishment of these industries by forcing entrepreneurs to pay the substantially higher wages applicable in older concerns.

(5) Minister of Labour, Senate, 20 March 1962, Hansard 9 col. 2274. (6) Ibid, cols. 2186-9. RELATIONS: 1962 157 He was in favour, the Minister said, of the existing system of minimum wage fixation as opposed to the prescription of a national minimum wage. It would not be practicable to apply minimum wage legislation to private domestic service, nor to agriculture, and the economic consequences of doing so to the mining industry would call for very serious consideration. Moreover, if the wages of unskilled workers in secondary and tertiary industries were raised suddenly to the level advocated as a result of various cost-of-living studies, the country's wage bill would increase by an amount larger than the existing annual rise in the national income. Other workers would seek compensatory increases; there would be a drastic expansion of purchasing power; and the inevitable consequence would be a higher cost-of-living. This might leave the unskilled worker in the same, or even a worse, position than he now was. Furthermore, the disturbance of the economic equilibrium would probably cause large-scale unemployment.

Comments by the Chairman of the Wage Board In June 1962 Professor W. F. J. Steenkamp, Chairman of the Wage Board, contributed an article to the South African Journal of Economics in which he pointed out that the differential between unskilled and skilled wages, which was far greater in South Africa than it was in Europe or the United States, rose in South Africa in the twelve post-war years. During the war there was a sharp rise of over 50 per cent. in the real average wages of Africans employed in private manufac turing and construction. The real wages of Whites rose by 18 per cent. during these years. But from then until 1957-58 there was practically no increase in African wages, whereas those of Whites rose by nearly 36 per cent. Since 1957-58, and in particular 1959-60, the increase in real average incomes had been slightly higher for African than for White employees. In metropolitan commerce, too, the real wages of Africans stagnated in the post-war era, actually declining in all the main areas except Cape Town and Johannesburg between 1953 and 1960. Since then they had risen sharply. In some areas and trades, however, the decline in real wages had continued, for example for flat-workers, those engaged in brickmaking and quarrying, and, until recently, for municipal workers in Pretoria. (Since this article was published the wages of brick workers have been raised-from R17.33 to R26.87 a month in Johannesburg, for example, with further increments payable). The improvement of living conditions should be a continuous process, Professor Steenkamp wrote, not only for social and 158 A SURVEY OF RACE political considerations, but also for economic reasons. If wages have to be raised suddenly, following a period of stagnation, eco nomic dislocation may result. It was mentioned in last year's Survey(7) that Mr. G. C. V. Graham, Chairman of the Cape Midland Chamber of Commerce, had urged that the wages of semi-skilled and unskilled workers should be stepped up by 50 per cent. in 5 stages of 10 per cent. increases, credit facilities being made available by the Government during the first stage, but thereafter becoming unnecessary. The workers would be likely at first to spend more on consumer goods, but new wants would be generated and the benefits would eventually spread over the whole economy. Professor Steenkamp does not consider such sudden increases in wages to be practicable. It would be some time, he said, before the benefits of the increased purchasing power were experienced by heavy industries, and establishments operating on a slender profit margin would be forced out of operation, causing unemployment. Moreover, Professor Steenkamp continued, if South Africa wanted to foster economic advancement in the under-developed African Reserves while maintaining growth in the developed sector, and if it was planned to create work-opportunities for the hundreds of thousands of unemployed and under-employed, the long-term emphasis should be on the encouragement of capital accumulation and investment rather than on the promotion of any very large immediate increase in consumption. But whatever one's concepts or conclusions about wage policy might be, Professor Steenkamp stated, surveys of African family earnings and needs, coupled with such things as estimates of in fant mortality and life expectancy among Africans, did reveal standards of living that called for improvement in the shortest possible time. Between 1951 and 1959 the real national income rose by an average of 3.9 per cent. a year. If this could be stepped up to 5 per cent., and if the real wages of Africans were increased at a similar rate, the average African household income would exceed the poverty datum line within a decade, Professor Steenkamp maintained, even if there were but one worker per family.

Wage levels

The Minister of Labour said during June(s) that, according to estimates by the Chairman of the Native Labour Board, the average minimum earnings of unskilled workers in commerce and industry had increased from R22 a month in 1959 to R30 in 1962.

(7) Page 202. (8) Assembly, 12 June 1962, Hansard 20 col. 7742 RELATIONS: 1962 159 In the official Bulletin of Statistics, figures are given showing the average numbers employed in certain sectors of the economy and the annual totals paid in salaries and wages. In the table that follows, the writer has made certain calculations from the figures for 1960 and the provisional figures for 1961:

Numbers employed and average wages Private manufacturing Number employed Average salaries and wages per head 1960 1961 1960 1961

Whites...... 208,900 210,100 R1,826 R1,897 Coloured and Asians 125,800 125,400 R 571 R 579 Africans ...... 357,000 356,000 R 348 R 375 Private construction Whites...... 22,300 21,500 R1,890 R1,939 Coloured and Asians .11,300 12,300 R 753 R 787 Africans ...... 70,500 69,600 R 338 R 362

Percentage changes, 1960 to 1961 Private manufacturing Number employed Average salaries and wages Whites Plus 0.6 Plus 4 Coloured and Asians Minus 0.3 Plus 1 Africans ...... Minus 0.3 Plus 8 Private construction Whites...... Minus 3.7 Plus 3 Coloured and Asians Plus 8.8 Plus 4 Africans ...... Minus 1.3 Plus 7 On an average, the employment of Whites in private manufac turing and of Coloured and Asians in private construction increased during the year, but otherwise the employment figures declined. The average wages of those employed increased in all cases, but at a faster rate for Africans than for others. Nevertheless, the average earnings of Africans remained low: R31.25 a month in private manufacturing and R30.17 in private construction. Mr. W. J. P. Carr, the Manager of Johannesburg's Non European Affairs Department, is reported( 9) to have said in Febru ary that 80 per cent. of the 58,000 African families living in the South-Western Townships of the city had family incomes of less than R40 a month, the average being R39.25. It was mentioned in last year's Survey( 0 ) that, although the Johannesburg City Council pays higher wages to its 20,000 African (9) Rand Daily Mail, 9 February. (10) Page 200 160 A SURVEY OF RACE employees than those stipulated by the Wage Board, and, moreover, subsidizes the rentals of poorer families, it has been criticised for not doing more. The National Institute of Personnel Research, which was asked to investigate the matter, conceded that it might not be practical politics for the Council to raise the minimum wage immediately to a "living" one of R48 a month, however realistic this figure might be. It added, "However unethical the practice of paying a wage which is less than a family needs to live decently, we have carefully calculated a sub-minimum wage which would go some way towards relieving the extreme poverty in which a pro portion of the Council's labour force lives." It recommended that a minimum wage of R35 be paid to unskilled workers, with con siderable increases for graded workers. During 1962 the Council raised the wages of its lowest paid workers, numbering about 10,000, from R26 to R29.08 a month. Incentive bonuses of varying amounts are granted wherever appli cable; and these men have accommodation in the city for the small sum of 87 cents a month. The wages of about 5,000 workers in the next category have been raised from R27.70 to R30.51 monthly, plus incentive bonuses where possible. Further increases are con templated("l).

BENONI COST OF LIVING STUDY

The Bureau of Market Research of the University of South Africa has conducted a sample survey of 424 African households in the Daveyton and Wattville townships of Benoni, the results of which were published in August( 12). The survey covered roughly 1 in 25 households. It was found that about 66 per cent. of the heads of house holds were unskilled workers, 27 per cent. semi-skilled or skilled, 4 per cent. of the professional classes, and 3 per cent. administrative or clerical workers. The average size of a household was 6 persons, but there were 5 in the average family. This indicated that the sixth was generally a lodger. The average monthly earnings of heads of families who were unskilled workers was R31.02, while those of all heads of families was R36.31. There were, on average, 1.74 wage earners per house hold. The average monthly income of all households was R46.55. For some reason which has not been explained these income figures are considerably higher than those obtained in studies in Pretoria, Durban and Johannesburg(1 3).

(11) Star, 15 December 1961. (12) Rand Daily Mail, 30 August. (13) See 1961 Survey, pages 195-8 and 1959-60 Survey, page 184. RELATIONS: 1962 161 The Bureau found that the percentages of the family income spent on various items averaged: Food ...... 42.4 Clothing and footwear 7.4 Housing .... 10:2 Fuel and light 6.0 Transport ...... 5.0

71.0 The remaining 29 per cent. was spent on tax and "non-poverty datum line" items such as furniture, household equipment, medical care, education, church contributions, insurance, dry-cleaning, repairs, remittances to relatives, tobacco, liquor, reading and writing materials, recreation, and fines.

NORMAL AND PROVINCIAL INCOME TAXES

The number of persons who paid normal and provincial income taxes in 1959-60, and the amounts they paid, were(14) : Number of persons Amounts receiving assessments paid R Whites 945,205 135,998,000 Coloured 95,341 2,043,000 Asians ...... 21,609 1,593,000 Africans ...... 2,603 96,000 As is mentioned in an earlier chapter(15), Africans also pay general and local taxes, special levies or rates imposed by Bantu authorities, and education levies.

TRADE UNIONISM

A detailed account of trade unionism in South Africa was given in last year's Survey(16). As was mentioned, the main co ordinating bodies are the right-wing South African Confederation of Labour (which has three constituent bodies); the central Trade Union Council of South Africa (Tucsa) which gives assistance to the Federation of Free African Trade Unions (Fofatusa); and the left-wing South African Congress of Trade Unions (Sactu). Large numbers of unions have not affiliated to any of these bodies.

(14) Minister of Finance, Assembly, 23 February 1962, Hansard 5 col. 1476. (15) Page 119. See 1959-60 Survey, page 126, for an explanation of the system of African taxation. (16) Pages 202-213. 162 A SURVEY OF RACE The membership of the Confederation is almost entirely White. At its formation in 1954, Tucsa decided that, in existing circum stances in South Africa, it would confine membership to registered unions, thus excluding African ones. It is the largest of the co ordinating bodies. In 1961 its members were about 66 per cent. White, 27 per cent. Coloured, and 7 per cent. Indian. Sactu, which is a member of the Congress group(l7), is a non-racial body, the members of which in 1961 were about 73 per cent. African, 23 per cent. Coloured, 3 per cent. Indian, and 1 per cent. White. The Government decided some years ago that the two workers' representatives from South Africa to conferences of the International Labour Organization should be drawn from the Confederation and Tucsa. Each body would submit a panel of three names, indicating its first preference, and the Minister of Labour would make the final selection. One year the delegate would be from the Confedera tion and the adviser from Tucsa, and the following year the reverse would apply. Sactu has consistently complained to the credentials committee of the I.L.O. that neither of these two bodies is truly representative of South African workers. As was mentioned last year(' 8), at its 1961 conference, by 163 votes to nil with 89 abstentions, the I.L.O. decided to advise South Africa to withdraw from membership until such time as it abandoned its apartheid policy. (The constitution of the I.L.O. does not provide for expulsion). South Africa's Deputy Secretary for Labour announced that his country had no intention of complying with the terms of this resolution. There have been repercussions within South Africa during the year under review. At its conference in March, Tucsa decided to amend its constitution to permit properly constituted African unions to become affiliated, even though these unions are not offi cially recognized. Opinion was divided: 83 delegates voted for this move, 10 against, and there were 9 abstentions. It appeared, from various reports, that some delegates feared that if Tucsa continued to exclude African unions, the I.L.O. might refuse to accept the credentials of its members. Many delegates were genuinely anxious to promote the unity of all workers and to assist Africans. Others, again, were afraid that, if the resolution were adopted, there would be a loss of White members to the right wing unions. Since then, four of the African unions that were members of Fofatusa have become affiliated to Tucsa. There has been a cer tain loss of White membership; but, on the other hand, at least one powerful "mixed" White and Coloured union that was pre-

(17) See page 48. (18) Page 294. RELATIONS: 1962 163 viously independent has joined Tucsa. The organization has con tinued to press for the legal recognition of properly constituted African unions. During April, Tucsa and the Confederation were asked to submit the usual panels of names from which persons to attend the 1962 I.L.O. conference would be selected. It was Tucsa's turn to have a delegate, and that of the Confederation to have an adviser. Tucsa sent in one name only-that of Mr. Edgar A. Deane, the leader of the Coloured Furniture Workers' Industrial Union and a former Cape Town City Councillor. The Confederation sub mitted three names, indicating that its first choice was Mr. R. Bloemink, its vice-chairman. Mr. Bloemink was chairman of a constituent body, the South African Federation of Trade Unions, and leader of the South African Association of Municipal Employees. The Confederation protested to the Minister about the nom ination of Mr. Deane. After meeting delegations from this organ ization and from Tucsa, the Minister said that before he made any decision he would like the two co-ordinating bodies to reach unanimity. Tucsa held to its choice; but at a special meeting members of the Confederation failed to agree. The Federation (one of its three constituent bodies) was prepared to withdraw its objection to Mr. Deane, but the others were not. The Confederation decided, however, that if the Minister did allow Mr. Deane to go it would not lodge an objection with the credentials committee of the I.L.O., and it would permit Mr. Bloemink to attend as Mr. Deane's adviser. On 11 May the Minister of Labour announced that the Govern ment had been placed in a very difficult position. Mr. Deane could attend on this occasion as the workers' delegate; but the Minister would ensure that a deadlock did not occur again. In future he would invite both co-ordinating bodies to submit panels of names, and from these the Government would select genuinely acceptable representatives.

EMPLOYMENT IN VARIOUS SECTORS OF THE ECONOMY

Agriculture

South Africa's 33rd agricultural census gives employment figures on farms owned by Whites, Coloured, and Asians during the month of June 1959(19). They were as follows:

(19) Report on Agricultural and Pastoral Production and Sugar Cane, Timber and Wattle Plantations, 1958-59, R.P. 21/1961. 164 A SURVEY OF RACE Coloured White and Asians Africans Occupiers and members of their families .... 143,666 9,042 Domestic servants .... 118 22,354 125,217 Regular employees .... 13,821 101,680 748,712 Seasonal workers .... 1,673 142,377 681,672 Occasional workers. .. 1,370 16,450 21,145

The report subdivides these totals into men and women, but not into adults and juveniles. Thus, although details are given of the total cash wages paid, and of the total value of payments made in kind, it is impossible to arrive at accurate average figures. In any case these vary greatly from area to area. Information is given about the production of maize and kaffir corn, and the number of cattle, sheep, and goats owned, by Whites and by Africans in the reserves and on farms of Whites, during the year ended 31 August 1959. It is stated in the Annual Report of the Soil Conservation Board for 1960-61 (20) that during that year, for the first time, Africans who owned farms in freehold were assisted by a soil conservation committee, in the Ixopo area of Natal, to plan their farms scien tifically. The Department of Bantu Administration and Develop ment concentrates its activities in this regard on farms in the reserves. Isolated instances of the ill-treatment of African farm labourers are still reported. During April 1962, for instance, four White men in the Bethal area of the Transvaal appeared before the courts following the death of a man they had employed. They were found guilty of assault with intent to do grievous bodily harm, and were sentenced to five strokes each and to varying terms of imprison ment, ranging up to 3 years( 21). In another case, in the Dundee area of Natal, four White men were convicted of culpable homicide. Two of them were sent to prison for 12 years, the others receiving lesser terms of imprisonment, suspended in one case( 22 ). Some years ago numerous instances were reported of the ill treatment of labourers in the Bethal area. As a result, Africans were unwilling to work there. The Federated Eastern Transvaal Farmers' Group, which has about 100 members, has been trying to restore confidence. It employs recruiting agents, and works in close co-operation with Government inspectors in order to ensure that living and working conditions are satisfactory. Workers are paid R8 a month and receive a minimum weekly ration of 2 lb.

(20) R.P. 38/1962. (21) Rand Daily Mail, 13 April (22) Star, 4 June RELATIONS: 1962 165 meat, 8 oz. sugar, 2 lb. pumpkin or potatoes, 16 lb. mealie meal, 1 lb. beans, 1 oz. salt, and 4 pints of milk. This voluntary labour is supplemented by convicts from nine farm prisons(2 3). The results of studies of the incomes of African families on farms in other areas were described in earlier issues of this Survey(2 4).

Mining

According to the official Bulletin of Statistics, during 1961 there were on average 65,209 Whites, 3,862 Coloured, 465 Asians, and 540,483 Africans employed in mining and quarrying. Members and contractors of the Witwatersrand Native Labour Association, which recruits much of the labour employed in gold mines and certain collieries, were employing 413,928 Africans on 31 December 1961: a larger number than a year previously( 25 ). They were drawn from the following territories: Territory Number Percentage South Africa ...... 150,924 36"46 High Commission Terri tories ...... 73,615 17.78 East Coast ...... 100,240 24.22 Tropical Territories. .. 89,149 21.54 413,928 100"00

In 1960 the Minister of Mines supplied information about minimum and average cash wages paid per shift on gold mines and coal mines in the Transvaal and Free State during the previous year(2 6). If his figures are converted to the decimal system, and if monthly wages are calculated by allowing for an average of 26 shifts per month, the result is: Monthly cash wages Underground Surface workers workers Minimum ...... R7.80 R5.85 Average: Gold mines R12.22 R8.84 Coal mines Rl1.05 R9.10 In addition to these cash wages, African workers receive free housing, food, medical attention, and certain other benefits.

(23) Rand Daily Mail, 9 January. See 1959-60 Survey, page 267, for a description of the farm prison system. (24) 1958-59, page 238, and 1957-58, page 169. (25) Annual report of the Association for 1961. (26) Assembly, 15 March 1960, Hansard 9 cols. 3385-7. 166 A SURVEY OF RACE In his chairman's statement to shareholders of the Anglo American Corporation during June 1962(27), Mr. H. F. Oppen heimer said that experiments had been conducted on three of the Group's gold mines to determine how Africans could be given increased recognition for exercising higher skills and improving efficiency without affecting profits to any material extent, and to examine whether, by use of conventional efficiency methods, the number of workers employed could be reduced and the wage levels of the rest raised. The jobs done by Africans had been classified to distinguish between different levels of skills and between the particular aptitudes required for various types of work, Mr. Oppenheimer said. New categories had been created. Training programmes had been improved; individuals were placed in the work for which they were best qualified and suited; and definite lines of promotion had been laid down. African personnel assistants and welfare workers were being trained and employed. As a result, it had proved possible to raise the average monthly starting cash wage from R7.80 to R10.40. Men with ability and long service could earn up to R28.60, while experienced supervisors were paid R30. In all cases the workers received free housing, food, and medical attention. This scheme was to be extended to other mines as training programmes were expanded. Mr. Oppenheimer added, however, that these measures in themselves, although most beneficial, did not make it possible to increase the wages of all classes of workers to the level considered to be desirable. Professor Hobart Houghton has pointed out( 28) that the wages of migrant workers will have to be reconsidered. In many cases these men are no longer merely augmenting the family income derived from subsistence farming but are supporting landless families who are wholly dependent upon the remittances they send. The wage problem on the mines is complicated by the fact that so many of the workers are drawn from outside the boundaries of the Republic.

Manufacturing and Construction

The Report of the Department of Labour for 1961(29) states that on 31 December 1961 there were 211,490 Whites, 124,232 Coloured persons, 36,209 Asians, and 414,047 Africans employed in factories.

(27) Rand Daily Mail, 7 and 8 June. (28) Article in S.A. Journal of Economics, September 1961. (29) R.P. 43/1962. RELATIONS: 1962 167 According to the Bulletin of Statistics, during 1961 there were averages of 21,500 Whites, 12,300 Coloured and Asians, and 69,500 Africans employed on private construction. Average salaries and wages have been given earlier( 30). Totals of 3,153 skilled African building workers and 564 official learners had been registered by the end of 1961(31) .

Commerce

Mr. Paul Mosaka is one of Johannesburg's leading business men, having developed a funeral insurance company, a dry-cleaning concern and a garage. Early in 1962 he applied for sites to open branches of the funeral company in African townships of Pretoria, Bloemfontein, and Waterval Boven. As the local authority in Bloemfontein was agreeable, he invested capital in a mortuary there. He was then informed by the Department of Bantu Adminis tration and Development that, in future, trading rights in African urban areas were to be restricted to Africans who qualified to reside in the area concerned. Furthermore, Africans could not establish more than one business each in their home towns. The letter stated, "It is not the intention to create capitalistic Bantu enter prises in White areas. Moneyed Bantu ought to be directed to the Bantu homelands where they may invest their capital on a permanent basis". Africans were given trading rights in urban areas as a "privilege" only, it was stated. Mr. Mosaka was informed that he could, if he wished, establish a funeral undertaking in the rural township of Selosesha at Thaba 'Nchu, but would not be permitted to do so in Bloemfontein. In his reply he pointed out that this township had not yet been established (32). A few weeks later Mr. Ephraim Tshabalala was refused per mission to extend his business interests from Mofolo in Johannes burg to another township there (33). During February the National Development and Management Foundation ran a course in Johannesburg to train Africans in the fundamentals of business management and administration. Mr. Abdul A. Adams of Cape Town is the first Coloured man in South Africa to be elected as an associate member of the Char tered Institute of Secretaries; and Mr. A. M. Mayaba, an employee of the Transkeian Territorial Authority, has passed the final exam

(30) Page 159. (31) Report of Department of Labour, R.P. 43/1962. (32) Rand Daily Mail, 16 April. (33) Ibid, 9 June. 168 A SURVEY OF RACE inations of this Institute. During June the Dairy Board appointed Mr. M. B. Khumbuzu to be a liaison officer, his task being to pro mote the sales of butter amongst Africans. This is the first post of its kind created by a control board. Coloured businessmen in Cape Town have founded the Con solidated Finance Corporation (Pty) Ltd., which intends establishing savings banks and building societies. On the instructions of the local Road Transportation Board, the owner of a taxi company at Bellville in the Cape, who holds a licence to operate taxis for White customers, has had to dismiss two experienced Coloured drivers.(34)

The Public Service

Provisional 1961 employment figures for the Public Service, as given in the Bulletin of Statistics are: Whites Coloured Asians Africans Railways and Harbours 110,385 10,187 696 93,189 Post Office ...... 32,033 2,569 69 7,641 State Public Service .. 77,567 8,323 648 101,212 Between 1960 and 1961 a change took place in the composition of the labour force employed by the Railways. The numbers of Whites, Coloured, and Asians increased, by 924, 377, and 71 respectively; but there was a decrease of 3,489 in the number of Africans. (3 In the Senate on 11 May 1962 5) the Minister of Labour gave statistics relating to Non-Whites employed in State and provincial services. (Provincially-employed teachers, nurses and others were not included in the figures given above, which were extracted from the Bulletin of Statistics.) The Minister said that the position was as follows: Coloured Indians Africans Number employed .... 29,373 4,190 178,994 Lowest annual pay .... R136 R136 R48 Highest annual pay.. R2,920 R3,800 R3,200

The issue of Bantu for September 1962 contained an article about the training and conditions of employment for African policemen. Recruits must be literate in at least one official language and have, as the minimum qualification, a Standard IV certificate. In practice, most of them have a high school education, and fair numbers have matriculated. They are given an intensive six months'

(34) Sunday Times, 27 October. See 1961 Survey, page 220, for the background to this. (35) Hansard 13 cols. 3583-4. RELATIONS: 1962 169 course at a college near Benoni, where nearly a thousand recruits are trained each year. Among the subjects they study are criminal investigation, statutory and common law, and criminal procedure. Trainees receive R272 a year, which is the starting salary for constables. Three years after qualifying they may write examina tions for promotion to the rank of sergeant, and later may take further examinations entitling successful candidates to become senior sergeants or chief sergeants. The maximum salary for a chief sergeant is RI,080 a year. All ranks receive free uniforms and medical attention, and free rail warrants to take their families away on leave. Instructors are paid special allowances.

The Professions

During August the Natal Inland Medical Association planned to hold a dinner party in Pietermaritzburg, and invited all members, White and Non-White. In the event no Non-White doctors attended; but certain White members raised objections to mixed social functions. The Minister of Indian Affairs and of Bantu Education, who is leader of the Nationalist Party in Natal, is reported to have said, "If professional associations do not observe social segregation, the Government will have to investigate the matter and take whatever steps it considers necessary". It was advisable, he continued, for such associations to divide themselves into separate racial sections. This would enable the leaders of each section to hold meetings to discuss professional matters but would eliminate opportunities for social mixing(36). Earlier in the year the South African Psychological Association decided to admit Non-White members, following which the Prime Minister resigned as an honorary member. A break-away group then formed the all-White Psychological Institute. It is reported that the first president of this Institute discussed with the Prime Minister the question of compulsory segregation in all societies, but that the latter was not in favour of legislation to this effect at the present stage(37). On 5 November, however, at a meeting of the Library Asso ciation held in Pretoria, the Minister of Education, Arts and Science said it was Government policy that scientific and professional associations with mixed membership should divide into parallel bodies( 38). The Non-White association should be linked with the national body by affiliation, naming one or two representatives to attend "periodic and defined" national executive meetings. In

(36) Sunday Times, 26 August. (37) Star, 13 August. (38) It must be pointed out that this policy has as yet no legal sanction. 170 A SURVEY OF RACE this way channels of contact could be established for the exchange of ideas and for "knowledge crystallized at congresses and confer ences attended by Whites" to be conveyed to the Non-Whites. Towards the end of 1961 Mr. S. S. A. Sikakane, an African attorney, was instructed by the Department of Bantu Administration and Development via the City Council to leave his premises in the central area of Johannesburg by the end of the month and to move to one of the African townships. He and other African attorneys, advocates, and articled clerks pointed out that if such orders were enforced their practices would be destroyed. The rules of the magistrate's court required attor neys to have offices within three miles of the court. Local clients were away from the African townships during the day; and those from other areas would find it difficult to come for consultations as they would need permits to enter the Johannesburg townships. A deputation from the Johannesburg Side Bar, together with a representative of the City Council, urged Departmental officials to allow Mr. Sikakane to retain his offices in town. The order requiring him to move was subsequently withdrawn. It is reported 39) that the Minister of Justice is considering the introduction of a Bill in terms of which an Advocates' Admission Board would be set up, consisting of the Chief Justice, six advocates of the Supreme Court, and a representaive of the Department of Justice. Applicants for the right to practise at the Bar would have to satisfy the Board that they possess a Bachelor of Laws degree from a university in the Republic; that they are South African citizens; that they are proficient in both official languages; and that they are not communists as defined in the Suppression of Commun ism Act. The last-mentioned proposal was opposed by repre sentatives of the Bar Council at an interview with the Minister. On 15 October Dr. A. D. Lazarus, principal of Sastri College in Durban and president of the Natal Indian Teachers' Society, appeared before a board of enquiry appointed by the Natal Adminis tration. Five charges of professional misconduct were laid against him, arising out of speeches he had made, and articles he had written, which were alleged to contravene an order of the Provincial Director of Education. This order stated that teachers must exercise every care to make no public statements which might embarrass the Administration or which might be construed as criticism of the declared policy of the education department. He was found guilty on three counts. At the time of writing the findings of the board of enquiry had been sent to the provincial authorities. Their decision had not been made public.

(39) Rand Daily Mail, 3 September 1962. RELATIONS: 1962 171 The issue of Bantu for March 1962 reports that in 1959 there were 67 African medical practitioners, 18 interns, and 7,500 nurses in South Africa. A large tuberculosis hospital is to be built at the new township of Umlazi, Durban, and will be staffed entirely by Africans (40). Dr. M. V. Gumede has been appointed District Surgeon for the district of Mapumulu in Zululand. In terms of Government policy, a highly qualified African doctor was refused an appointment to the Livingstone Hospital for Non-Whites in Port Elizabeth because in this post he would have had several Whites working under him. Until recently there have been no facilities for Non-Whites to train as pharmacists in South Africa, although they could do so by going to Britain. During 1961, for example, Miss M. A. Pillay obtained the degree of Master of Pharmacy in London. But in 1962 Departments of Pharmacy were established at the university colleges of Fort Hare and the North, and preliminary training in four science subjects was made available at the University College of Zululand. Students will take a three-year academic course and serve two years' apprenticeship in Non-White hospitals. A similar department will be established in 1963 at the University College for Indians. Mr. Solomon Lefakane is the first African to qualify as a civil engineer, having trained at the University of the Witwatersrand. He is now employed at Daveyton Township, Benoni.

UNEMPLOYMENT

Whites, Coloured, and Asians

The unemployment statistics published by the Department of Labour include only White, Coloured, and Asian work-seekers who have registered at departmental offices. Those who do register and cannot be placed are instructed to report regularly at a central or branch office. If they do not do so by the 10th of a month their names are removed from the lists until they again report. If they have contributed to the Unemployment Insurance Fund for the necessary periods they may claim benefits when they visit the department's offices. It appears certain that large numbers of unemployed persons do not register. These probably include many people who have exhausted the benefits due to them; numbers who could not find work when they left school and have never contributed to the Fund; casual or seasonal workers; and others who feel that they are unable to afford the transport costs involved in reporting, or

(40) South Afrtca, Department of Information. August 1962. 172 A SURVEY OF RACE who have waited so long that they conclude they are unlikely to receive help. Persons who are working short-time or slack-time are not included in the statistics. The numbers of registered unemployed White, Coloured, and Asian workers rose to a peak in February 1962. Since then many of the Whites have found work; but the Minister of Labour said in June( 41) that the figure for Coloured and Asians was then the highest ever registered. Extracts from tables given in the Bulletin of Statistics are: Coloured and Month ending Whites Asians Total December 1960 12,855 11,112 23,967 September 1961 17,057 14,736 31,793 December 1961 16,095 15,074 31,169 February 1962 18,025 15,980 34,005 April 1962 ...... 16,497 16,317 32,814 It would appear that these statistics are misleading so far as the Indians are concerned. In June the Minister of Labour said (42) that there were then 3,859 Indians in Durban who were registered as unemployed. But four months earlier the Minister of Indian Affairs had reported (4 3) that, although no accurate information was available, estimates of the number of unemployed Indians in that city were as high as 25,000. His plans to assist these people have been described in an earlier chapter.

Africans

Official statistics in regard to Africans are no real indication of the seriousness of the situation. The Bulletin of Statistics states that there were 67,743 registered unemployed Africans at the end of December 1961. On the other hand, in an article quoted earlier, Professor W. F. J. Steenkamp, the Chairman of the Wage Board, said that in June 1962 there were about 160,000 unemployed African men in the towns, plus an unknown number of women. Mr. W. J. P. Carr, the Manager of Johannesburg's Non-European Affairs Depart ment, told the Council of the Institute of Race Relations in January 1962 that there were then about 9,000 unemployed African men and 5,000 women in Johannesburg alone. It was essential for these women to find work in order to balance the family budget, Mr. Carr said.

(41) Assembly, 12 June 1962. Hansard 20 col. 7733. (42) Assembly, 8 June 1962. Hansard 19 col. 7419. (43) Senate, 8 February 1962, Hansard 3 col. 510, RELATIONS: 1962 173 Professor Steenkamp maintained that work would have to be found, too, for more than 2,000,000 Africans who will have to be moved off the land in the Reserves if efficient agriculture is to become possible there, plus about 200,000 male "squatters" in rural areas, plus at least 60,000 young people who reach working age each year. In addition, many of the 400,000 to 500,000 migratory labourers are under-employed. There is said to be much unemployment in the Transkei and other African areas because of the strict control of influx to the towns, and in the Northern Transvaal and Zululand because of drought which has caused many farmers to reduce their labour force. Figures quoted earlier in this chapter show that between 1960 and 1961 the numbers of Africans employed by the Railways and in private manufacturing and commerce fell by over 5,000. There was an almost equivalent increase in the numbers of Africans from the Republic who were working on the mines. Figures for other sectors of the economy are not available. It appears clear, however, that the employment situation has not improved. It was reported in July(44) that there were 500 African girls on a waiting list for work that is maintained by the Johannesburg municipal Youth Employment Section, their standards of education ranging from the lower grades up to matriculation. Jobs could be found for an average of nine a month only. At the time of writing the Institute of Race Relations was engaged in a survey of the experiences of about 360 Coloured, Indian, and African boys and girls who left Johannesburg schools after Standards VI, VIII, and X at the end of 1961. The results had not been finalized; but it had become abundantly clear that it was the young people with the better standards of education who had experienced particular difficulty in finding congenial work.

SHORTAGE OF SKILLED MANPOWER

In a Press statement made in April(45), the Minister of Economic Affairs talked of the shortage of scientists and skilled technicians in South Africa. He is reported to have said that if the Republic wished to maintain its economic development on a high level it would have to strengthen and extend its training institutions and attempt to attract trained workers from overseas.

(44) Rand Daily Mail, 27 Ju:y. (45) Rand Daily Mail. 28 April. 174 A SURVEY OF RACE

EDUCATION

NATIONAL EDUCATION ADVISORY COUNCIL ACT, NO. 86 OF 1962

Terms of the Act

It was mentioned in last year's Survey that the Union Edu cation Advisory Council Bill, originally introduced in Parliament in 1960, passed its first reading in 1961 and was then referred to a Select Committee. Minor changes were made by the Committee and, subse quently, as a result of the Parliamentary debate; but the principles of the Bill remained unchanged despite arguments raised by mem bers of the Opposition who served on the Select Committee and by tens of thousands of people who signed protests, and despite the numerous amendments that were moved by the Opposition during the debate. The Act, as finally passed, provides for the establishment of a National Education Advisory Council, to consist of so many members, but not less than fifteen, as the Minister of Education, Arts and Science may from time to time determine. All the members are appointed by the Minister. Each Provincial Administrator recommends one person who has special knowledge of educational matters in that province. There must also be one member with special knowledge of the functions of the Department of Education, Arts and Science. The rest must be persons who have distinguished themselves in the field of education, or who, in the Minister's opinion, are otherwise specially qualified in some aspect of the work of the Council. All members will be appointed for such period, not exceeding five years, as the Minister may in each case determine. Salaries will be decided upon by the Minister in consultation with the Public Service Commission. A member must vacate office, inter alia, if he be comes a Senator, Member of Parliament, or Member of a Provincial Council, or if the Minister deems it desirable that he should do so. The Minister will designate the chairman and two vice-chair men, who will form an executive and will be responsible for the administrative work. The Minister may, in his discretion, appoint two additional members of the Council to be members of the executive. RELATIONS: 1962 175 The function of the Council will be to advise the Minister, or any other Ministers concerned, in regard to the policy to be applied in connection with education. In consultation with the Department of Education, Arts and Science, provincial education departments, educational organizations, and persons concerned with educational matters, the Council will endeavour to determine the broad, funda mental principles of sound education for the country as a whole; to promote co-operation generally in the field of education; and to co ordinate educational policy with a view to adapting the education system to the needs of the country, but with due regard to the advi sability of maintaining such diversity as circumstances may demand. It will endeavour to uphold and promote the prestige of the teaching profession. It will serve exclusively as a co-ordinating and advisory body, having no executive power. No proposed legislation relating to the education of White persons (other than provincial ordinances dealing with the appro priation of funds) shall be introduced in Parliament or in a Pro vincial Council except after prior consultation between the Minister and any other interested Minister or Administrator, and after the Minister has obtained the views of the Council thereon. The Council may appoint committees of its members. After consultation with the Administrator or any other Minister concerned, and on the recommendation of the Council, the Minister may appoint a committee consisting of a member of the Council as chairman and two other persons to carry out such investigations in regard to one or more particular schools as the Minister may direct. Access to a school may be obtained with the consent of the Provincial Superintendent General or Director of Education, or the Secretary of Education, Arts and Science in the case of a school not falling under provincial control. It was pointed out by members of the Opposition during the debate (') that these officials would be unlikely to deny access to members of a Government-appointed committee. The Council must furnish an annual report, including any minority reports, which will be tabled in Parliament and in Pro vincial Councils.

Opposition to the Bill

As was done in the case of the Group Areas Amendment Bill, when the National Education Advisory Council Bill was introduced the United Party queried whether the House was competent to consider the measure in the absence of appropriate petitions from

(1) Assembly. 21 June 1962, Hansard 21 col. 8600. 176 A SURVEY OF RACE Provincial Councils, since it was proposed to derogate from their powers. Again the Speaker ruled that Parliament was the supreme legislative authority( 2). Members of the Opposition described the widespread fears amongst the English-speaking section that the Council would try to mould all children to a pattern thought desirable by the Nation alists. Objections were raised to the fact that the Minister was to be empowered to appoint all the members of the Council and of its executive committee. It was pointed out that, in evidence given before the Select Committee, teaching and other recognized edu cational bodies had urged that they be allowed to nominate certain of the members. Great exception was taken to the Section providing for inves tigations to be conducted at individual schools, including subsidized private schools, by a committee of the Council appointed by the Minister. With one minor exception, all the numerous amendments moved by the Opposition were negatived.

Appointment of the Council

On 14 October the Minister announced the composition of the Council. Its chairman is Professor C. H. Rautenbach, Rector and Vice-Chancellor of the University of Pretoria. There are two vice-chairmen: Professor H. J. J. Bingle, Dean of the Faculty of Education at the University of Potchefstroom, and Professor G. J. Jordaan, Rector of the Pretoria Teachers' Training College. Twenty six other persons have been appointed as members.

EDUCATION PANEL

The Witwatersrand Council of Education, in conjunction with the Ernest Oppenheimer Memorial Trust, has set up a panel of 37 leading educationalists to investigate education in South Africa.

PRIMARY AND SECONDARY EDUCATION FOR AFRICANS

Bantu Education Account

The estimated revenue of the Bantu Education Account for 1962-63 is(3) :

(2) Assembly, 6 and 8 June 1962, Hansard 19 cols. 7175 and 7415. (3) Estimates of Expenditure and Revenue from the Bantu Education Account, Year ending 31 March 1963, R.P. 9/1962. RELATIONS: 1962 R Fixed Statutory appropriation from General Revenue 13,000,000 Four-fifths of African general tax...... 6,400,000 Miscellaneous receipts: boarding fees, etc. . 600,000 R20,000,000 Estimated expenditure in 1962-63, other than on the Depart mental erection or purchase of buildings, is: R Salaries, wages and allowances 3,154,000 General administration...... 973,900 Supplies, services, and maintenance of buildings 601,500 Bursaries and loans to pupils 30,500 School feeding...... 70,000 Subsidies: Bantu community schools ...... 13,101,600 Other State-aided schools 1,963,600 Night and continuation classes 2,000 Financial assistance to community schools for capital expenses...... 240,000 Maintenance of university colleges ...... 1,080,900 Redemption of loans from Loan Account ...... 182,000

R21,400,000

For the first time the salaries and expenses of the Minister of Bantu Education and four assistants, amounting to R35,000, are a charge on the General Revenue Account rather than on the Bantu Education Account( 4). Included in the vote for supplies and services are two very small amounts of R6,700 for books for pupils, and R4,100 for school libraries. The subsidies for night and continuation classes have been decreased from R46,000 in 1958-59 to R2,000 in 1962-63. During the same period the expenditure on school feeding was gradually pruned from R893,686 to R70,000. Although the amounts voted for financial assistance to com munity schools for capital development have increased over the years, the sum available is insufficient. African educationalists report that school boards struggle to raise their half of the money needed for erecting new higher primary or secondary schools, only to be told in many cases that the Department has no funds available for contributing the second half. Over a period of years the Africans themselves pay for the building of lower primary schools.

(4) Estimates of Expenditure to be Defrayed from Revenue Account, Year ending 31 March 1963. R.P. 1 and 41/1962, pages 170 et seq. 178 A SURVEY OF RACE It will be noted that the estimated expenditure exceeds the income, and this has occurred previously, being practicable because money was being carried forward from previous years. As at 31 March 1961 the Account had a balance of R1,535,948; but the Department expects that by 31 March 1962 this amount will have been reduced to R500,000( 5). In an attempt to balance the budget, expenditure on many desirable items has been greatly reduced, and African parents have been called upon to contribute to building costs, school funds, and the salaries of necessary additional teachers, and to provide writing materials and nearly all the books that are required by their children. In spite of this, it would appear that the Bantu Education Account cannot for long remain solvent while the State contribution is pegged at R13,000,000 a year. Moreover, this account is each year increasingly in debt to the General Loan Account for sums advanced for buying mission properties, building departmental schools, and erecting the new university colleges. The Controller and Auditor-General has given the following summary of the position as at 31 March 1961(6): R Net debt, 31 March 1960 ..... 2,336,184 Add capital expenditure on university colleges(7) ' " 1,519,716 Add expenditure on erection and purchase of schools 494,888

4,350,788 Less redemption instalment ...... 81,720

Net debt, 31 March 1961 ...... R4,269,068

Per capita expenditure

As was mentioned in last year's Survey(8) the expenditure per African pupil in State and State-aided schools gradually rose to R17.99 in 1953, but since then has declined steadily. According to calculations by the writer from available material the figure was R12.46 in 1960-61.

African participation in the control of schools

The Minister of Bantu Education said in May 1962( 9) that he had decided to establish Bantu advisory councils on which

(5) R.P. 8/1961. (6) R.P. 9/1961. page 279. (7) Including expenditure in 1959-60, transferred to Loan Account. (8) Page 228. (9) Assembly. 16 May 1962, Hansard 16 cols. 5785, 5777. RELATIONS: 1962 179 Bantu educationalists from the various national units would serve. He added that more than 500 school boards and 5,000 committees were then functioning. In July the National Council of Women (Johannesburg) and the National Council of African Women organized a conference on Bantu Education, which was held in Johannesburg. Numerous speakers said that, while appreciating that it was not only highly educated people who possessed integrity, common-sense and ad ministrative ability, they nevertheless felt that members of school boards and committees should possess some educational qualifica tion, even if only literacy. In a paper delivered at this conference(1 0), Mr. F. S. M. Mncube said that the school board and committee system-and the education of the children-was suffering because so many of the best educated people were unwilling to serve on these bodies. Those who did so, in the endeavour to be of help to their people, were often subject to hurtful criticism. Several of those present said that men who otherwise might be willing to serve were discouraged from doing so because of the Department's right to veto the membership and decisions of committees and boards-a right which has been exercised.

Special classes

No special classes for retarded children have as yet been pro vided. In a Press interview given in June('), Dr. H. J. van Zyl, the Deputy-Secretary for Bantu Education, said that each year about 2,300 African children leave school from the Sub-Standards and 1,800 do not return after Standard II. In many cases this is because they cannot cope with the normal school syllabus. Up to a tenth of the children in any population need special training, he added. The Department has established a psychological section to study retardation. It hopes that, from 1963, school boards will set aside teachers and classrooms to provide training for backward children, and that in due course it may be possible to subsidize this work and to develop special schools.

Mother-tongue instruction

Since 1959 the mother-tongue has been used as the medium of instruction throughout primary schools. It is used as the medium for religious teaching in secondary schools, and for physical

(10) "'Bantu School Boards and Bantu School Committees." (11) Rand Daily Mail, 23 June 1962. A SURVEY OF RACE education and music if the teachers are qualified to do so. In principle, half the remaining secondary school subjects must be taught in English and the other half in Afrikaans; but because few teachers are sufficiently bilingual, in practice the tuition in these schools is given mainly in English. During the year under review there has been much criticism of the use of the mother-tongue medium throughout primary schools. African languages lack terminologies for describing modern scien tific concepts, and their numerical systems are clumsy. The De partment has continued to devise and issue terminologies as various parts of this task are completed; but, as Mr. J. C. M. Mbata pointed out in a paper given at the conference mentioned earlier(12), as a result children are learning new terms which are not under stood outside the classroom. Because the work of devising terminologies is still in progress, and also because of the high cost of producing books in a variety of African languages, there is still an extremely small range of text books for pupils, and of reference books for teachers. Dr. Ellen Hellmann has drawn attention to the fact that, by dividing children on an ethnic basis and providing instruction through the mother-tongue throughout the primary school, the Department may be creating a linguistic nationalism. Mr. G. W. Sneesby has described(' 3) the steady decline in the standard of English in African schools. Three languages are being taught in primary schools by teachers who are often adequately equipped to teach one of them only-the African language of the area. It was announced in July(14 ) that an all-African commission, with two White assessor-members, had been appointed to inquire into the standard of teaching the two official languages in the Transkei; to make recommendations for the raising of levels of achievement in the Transkei in particular and in the system of Bantu education in general; and to inquire into the related matter of the application of the home-language medium in primary schools. In a memorandum submitted to this commission at the request of the Institute of Race Relations0'5), Dr. W. G. McConkey pointed out that the principle of dual-medium education has been rejected for White children. It seemed obvious, therefore, that the adoption of triple-medium education for African secondary pupils had not been motivated on educational grounds.

(12) Entitled "Language Medium". (13) "The Vernacular in Bantu Education in the Union of South Africa". Overseas Education, July 1961. (14) Rand Daily Mail, 28 July 1962. (15) RR 134/1962. RELATIONS: 1962 181 Dr. McConkey recommended that Xhosa should be the only language used in schools in the Transkei for the first two years of school life. As this territory had a long and valuable tradition of English learning, this language should be the next to be introduced, in Standard I. Afrikaans should be introduced in Standard III; and English should be used as the partial medium of instruction by Standard V and as the main medium from Standard VI, Dr. McConkey considered.

Examination results

According to information obtained from various sources(1", there were 45,654 successful African entrants for the Standard VI examination in 1961. The number of failures was not stated. In 1961 there were 9,119 candidates from State and State-aided schools for the Junior Certificate examination, of whom 4,970, or 54 per cent., passed. This was a more satisfactory result than had been achieved for a number of years. The pupils from Catholic schools did better than those at community schools: 500 entered and 360, or 72 per cent., passed. Entrants from private schools were the most successful in the matriculation examination, too. The percentages of passes in 1961 were 16.8 in community schools; 24.9 in State schools; 31.1 in all private schools; and 50 per cent. in Catholic schools considered separately. Of the successful candidates from State and State-aided schools, 76 obtained a matriculation exemption (the standard required for admission to degree courses), while the remaining 139 obtained school leaving certificates. In discussing the results, the Minister said that besides having the advantages of boarding facilities and a high proportion of well qualified White teachers, the private schools were able to select the best scholars from the whole country, whereas State schools had to serve a certain neighbourhood. Some of the reasons for poor matriculation results were given in last year's Survey( 17). One of the main difficulties is that there is a shortage of secondary school teachers with adequate qualifica tions, particularly for subjects such as English, Afrikaans, mathe matics, and science. The Department is trying to improve the position by organizing in-service refresher courses and courses in the teaching of mathematics, sciences, and the official languages.

(16) Minister of Bantu Education, Assembly. 2 March 1962, Hansard 6 col. 1875: also 16 May, Hansard 16 cols. 5780-84. Also information from Mr. K. B. Hartshorne and from the Southern African Catholic Bishops' Conference. (17) Page 234. 182 A SURVEY OF RACE The examination results were better in 1961 than they had been in the two previous years. Until 1962, candidates had to pass either English or Afrikaans on the higher grade to qualify for matriculation exemption. It has been decided that from 1963 they may obtain such an exemption if they pass an African language on the A grade and both official languages on the lower grade. This will make it possible for more candidates to pass in the African language and in English B; but Afrikaans B will continue to be a stumbling block. Africans will write a Bantu Matriculation Examination; but if they pass the required combination of subjects will qualify for the full matriculation exemption granted by the Joint Matriculation Board. Even if the standards in Afrikaans B can be improved, it seems that this decision will not provide a satisfactory solution. Africans will need to be really proficient in at least one of the official languages if they intend proceeding to the medical school or to a university college, especially if, at college, they intend studying professional or technological subjects.

Farm schools

According to the State Information Office(18), 110 new lower primary and 84 combined lower and higher primary schools on farms were registered during 1961. People wanting to start such schools often experience difficul ties. A school may not be registered, and is thus illegal, if there are fewer than twelve pupils. On many farms there are not as many as twelve children of school age resident on the property. But if children from neighbouring properties are to be admitted, all the owners of adjoining farms must be agreeable: if even one objec tion is received by the Department permission is, apparently, refused. Children wishing to attend must obtain written consent from the farmer on whose land they live, and also from the owner of the land on which the school is situated. Even if all these con ditions are met, subsidies to cover teachers' salaries may be refused for the time being because of the general shortage of funds. The large majority of the 1,698 farm schools that existed in 1960 were one-teacher lower primary schools. Of the 172,761 pupils, 89 per cent. were in lower primary classes(19).

(18) Digest of South African Affairs, 11 June 1962. (19) From "The Financing of Bantu Education", by F. J. de Vil'iers, then Secretary for Bantu Education. RR 64/1961. RELATIONS: 1962 183 Educational statistics

The Minister of Bantu Education has said( 20) that the number of secondary and high schools for Africans increased from 94 in 1949 to 288 in 1960. In the latter year 36 of them were high schools (proceeding as far as matriculation). There were then 9 Catholic high schools and 21 secondary schools. According to the State Information Office( 21), 361 new schools were registered in 1961, of which 4 were secondary schools, 25 higher primary, 118 combined lower and higher primary, and 214 lower primary. These figures include new farm schools. A departmental official is reported( 22) to have said that in 1962 there were nearly 1,750,000 African pupils, representing about seven-tenths of the potential school-going population. Calculating from information given by the Minister( 23 ) it would appear that in 1961 the distribution of the pupils was 72.2 per cent. in lower primary classes, 24.9 per cent. in higher primary classes, and 2.9 per cent. in post-primary classes. Information about the numbers of Africans possessing various educational qualifications was given by the Minister of Bantu Education and the Minister of Social Welfare and Pensions in the Assembly in March and April 1962(24). They said that there are about 2,000 African graduates in South Africa; 15,200 with the matriculation certificate or its equivalent; 75,000 with the Junior Certificate or equivalent; and 295,600 who have passed Standard VI.

Disturbances at African schools

During the period under review there have been further dis turbances at African schools, but these were considerably less widely spread than in the previous year. Five of the senior boys at Healdtown were expelled in June following alleged insubordination. Boys living at a Presbyterian Church hostel attached to a high school at Bulwer are said to have thrown stones at three members of staff and at the buildings, in August, after the hostel superintendent had punished three of them for missing an evening roll-call and hiding away to smoke. The police were summoned to restore order(25).

(20) Assembly, 9 February 1960, Hansard 4 cols. 1153-4; and 16 May 1962. Hansard 16 col. 5779. (21) Digest of South African Afjairs. 11 June 1962. (22) Rand Daily Mail, 15 March 1962. (23) Assembly, 6 March 1962, Hansard 7 col. 2060. (24) Hansard 6 col. 1875, and Hansard 13 col. 4529. (25) World, 27 June and Star, 20 August. 184 A SURVEY OF RACE More serious trouble occurred in May at the Mariazell (Catholic) High School, near Matatiele in East Griqualand. It was reported 26) that after a few boys had been expelled for mis conduct the rest went on strike, broke numbers of windows, and tried to burn down the school library. The police were called in. Afterwards, 83 students were expelled. The gravest disturbances took place at the Kilnerton High School, near Pretoria. The unrest that occurred in 1961 was de scribed in last year's Survey( 27). According to various reports( 28), three visitors' cars were damaged during a school concert in June 1962, presumably by students. In July the police were summoned to investigate an alleged case of assault by pupils outside the campus, following which the boys went on strike for a day. A few weeks later a boy who had been punished for assault asked for a transfer to another school. It is said that the rest concluded that he had been expelled, and decided to boycott their classes. The school was closed temporarily, the students being allowed to apply for readmission. They were taken back but continued to be insubordinate. In September the boys visited the girls' hostel, and it is stated that several girls were assaulted. Three boys were then expelled for alleged criminal offences. Soon afterwards, two more were sent away for stirring up trouble. The Regional Director of Bantu Education warned the students against further misbehaviour; but 152 boys in Forms I to IV then went on strike, used knives and sticks in attacks on senior students who wished to continue with their studies, and set fire to a motorcar belonging to a master. Again the police were called in. On the recommendation of the school committee these 152 boys were expelled and were blacklisted (that is, they will not be accepted at any other school). The Secretary for Bantu Education said his department was convinced that "various elements outside the school were respon sible for the rebellious attitude of the pupils".

AFRICAN TEACHERS

It was reported in last year's Survey(29) that in 1960 there were 24,175 subsidized teaching posts and 3,485 unsubsidized posts in schools for Africans. In the issue of Bantu for September 1962 it was stated that 98 per cent. of the teachers are Africans. Of the unsubsidized posts mentioned above,' 1,913 were in private Roman Catholic schools, 1,102 in aided community schools,

(26) Rand Daily Mail, 23 May. (27) Page 240. (28) Star, 15 August and 13 October; Sunday Times, 14 October. (29) Page 229. RELATIONS: 1962 185 58 infarm or mine schools, and 412 inschools which the Department isso far unable to assist. Because of the shortage of funds the Department cannot pay the salaries of adequate numbers of teachers for the community and farm schools, and in many areas African parents are contributing to the pay of additional members of staff. In an address given in July 1962(30) Mr. M. Prozesky, Regional Director of Bantu Education for the Southern Transvaal, said that during 1961 African parents in his area had spent more than R50,000 in this way. He stated, too, that not 25 per cent. of the African teachers in secondary and high schools have degrees, although many have passed some degree courses. The courses of training available to African teachers are: (a) the Lower Primary Certificate, open to women only, which is a three-year post-Standard VI course; (b) the Higher Primary Certificate, for which students study for two years post-Junior Certificate; (c) the two-year post-matriculation Bantu Education Diploma, for which five degree courses in Arts, or four in Sciences, plus professional training, are required; (d) the one-year University Education Diploma, taken concurrently with or after a full degree course. In 1962 the numbers of students taking these courses were( 31) Men Women Total Lower Primary ...... - 1,791 1,791 Higher Primary ...... 805 1,232 2,037 Bantu Education Diploma.... 100 9 109 University Education Diploma 23 4 27 928 3,036 3,964

At the conference on Bantu education which was held in Johannesburg in June 1962 concern was expressed over the fact that so few students were taking the senior courses. Mr. Prozesky said that a departmental committee was considering whether it would be feasible from 1963 to accept no further candidates for the Lower Primary certificate. Although there have been certain alterations of African teachers' salary scales according to the type of post held, and some improve ments for teachers holding senior posts, the basic salaries for those with lower qualifications have remained much the same for 16

(30) "Education for the Bantu in Operation". (31) Minister of Bantu Education and Development, Assembly, 15 June 1962, Hansard 20 col. 8052. 186 A SURVEY OF RACE years. Cost-of-living allowances have, however, been increased from time to time(32) . The Deputy Minister of Bantu Adminis tration said in March(33) that improved salary scales had been framed but the Department could not afford to introduce them. No further consideration could be paid to the matter until arrear taxes had been collected.

TECHNICAL EDUCATION FOR AFRICANS

The opening of the Kwa Ford technical secondary school for Africans in Port Elizabeth was mentioned in last year's Survey(34). Students who have passed Standard VI may be enrolled for a three year Junior Certificate course, during which they take four general educational and two specialized subjects. The specialized subjects available include joinery, carpentry, cabinet-making, electro technics, and general mechanics. Drawing and draughting are to be added in 1963. Students who have already passed the Junior Certificate and wish to take technical subjects may be admitted to the second year of the course. A similar school is shortly to be opened in Johannesburg, to provide technical training in electrical wiring, mechanics, plumbing, cabinet-making, tailoring, or leatherwork. A third such institution is being built at Nongoma in Zululand, eventually to cater for 260 pupils, who will be able to study sign-writing, plumbing, brick making, leatherwork, mechanics, building, or electric wiring. Boarding facilities will be provided. Vocational subjects may still be studied at various secondary schools that cater, in the main, for students taking academic courses. The Johannesburg Municipality continues to run the Vocational Training Centre at Orlando. The curriculum includes general educational subjects such as English, Afrikaans, and arithmetic, and a choice of technical courses in building construction, car pentry and joinery, plumbing, and drain-laying. From 1962 an electrical wireman's course was commenced, to train young men for future service with the Council's Electricity Department in the African townships.

NIGHT SCHOOLS AND CONTINUATION CLASSES FOR AFRICANS

Revised regulations for African night schools and continuation classes were published in Government Notice R 26 of 5 January 1962. No major changes were made to the earlier ones, described

(32) Detailed information about existing salary scales was given by the Minister in the Senate on 23 February 1962, Hansard 5 cols. 1111-1118. (33) Assembly, 23 March 1962, Hansard 9 col. 3078. (34) Page 252. RELATIONS: 1962 187 in the 1957-58 issue of this Survey(35). Night schools provide primary education, whereas continuation classes cater for post primary students. As stated earlier, the amount provided for the subsidization of these classes has been gradually decreased from R46,000 in 1958-59 to R2,000 in 1962-63. According to information given by the Minister of Bantu Education in the Assembly(36), in 1962 there were 47 night schools and continuation classes operating in "White" areas, with 2,218 pupils. An average fee of RI per pupil per quarter was charged in night schools, while students at continuation classes paid, on an average, R2 admission fee and 20 cents per subject per quarter. These classes were: Number of. Town Niglht Continuation Run by: scho ols classes Johannesburg 14 3 City Council, YMCA, two private individuals, Isaacson School Com mittee, Swedish Mission. Cape Town 5 Cape Non-European Night School Association. Pietermaritzburg - City Council and various churches. Umtata...... 4 Sir H. Elliot Hospital, St. John's College, Tembuland Hospital and a private person. Kimberley 2 De Beers Consolidated Mines. Pretoria ...... - Iscor. Grahamstown - Albany School Board. Durban ...... - Catholic Church. Lydenburg - Penge Asbestos Mine. Witbank...... - Van Dyksdrif Mine. Christiana - Municipality. Boksburg - Boksburg-Benoni Hospital. Krugersdorp - Durban-Roodepoort Mine. Germiston - Modderfontein Factory. Lower Umfolozi - Privately run. 14

No figures were given for the classes being conducted in African areas, nor for the African enrolment at correspondence colleges. Classes in African urban residential areas or rural areas must be run by African school boards or committees: help by White volun tary workers is no longer permitted. In 1961 the General Manager of Railways gave instructions that a night school for dockworkers run by the Cape Non-European Night School Association, in the harbour area, was to be closed.

(35) Page 204. (36) Reply given on his behalf by the Deputy Minister of Economic Affairs, 4 May 1962, Hansard 14 col. 4946; and by the Minister of Bantu Education himself, 29 May, Hansard 18 cols. 6663-6. A SURVEY OF RACE It had previously been staffed by White volunteers who taught about 70 students in classes ranging from Sub A to Standard VI. Following repeated representations by the Association, the Depart ment of Bantu Education has agreed to the revival of this school, on condition that it is staffed exclusively by African teachers.

SCHOOLS FOR COLOURED AND ASIAN CHILDREN

Control of education for Coloured and Indians

(a) The Government's decisions

The Minister of Coloured Affairs said on 13 June 37) that his department already controlled Coloured vocational and technical education, special and reform schools, and the university college that had been established for Coloured students. He announced that legislation would be introduced in 1963 to provide for the gradual transfer of primary and secondary education for Coloured children from the provinces to his department. Churches would be permitted to continue their educational work, he stated. "If, in the course of time any changes appear to be desirable, negotiations with the bodies concerned will be conducted . . . "The expansion and improvement of his education will create new opportunities for the Coloured", the Minister continued. Central control "will facilitate the achievement of uniform sylla buses cast in the same mould as the existing syllabuses ... Atten tion will be given very soon to the ideal of the application of com pulsory school attendance, the salaries of Coloured teachers . . . The Government wants to give the Coloured a larger share in the management of their own education". In the course of a policy statement made in the Senate in February(38 ), the Minister of Indian Affairs said that the control of Indian education would in due course be transferred to his department.

(b) Opposition to this decision

In June the Cape Western Region of the Institute of Race Relations issued a statement( 39) in which it pointed out that by making this decision in regard to the education of Coloured children

(37) Assembly, 13 June 1962, Hansard 20 cols. 7893-5. (38) 8 February, Hansard 3 cols. 503-520. (39) RR 104/62. RELATIONS: 1962 189 "the present Government is flying in the face of the wishes of its Coloured people themselves, the churches, and educationalists from all ranks of citizens." No commission had advocated such a step, it was said. It could only be concluded that the desire to imple ment the apartheid policy, rather than educational principles, was motivating the Government in its plan to transfer control from pro vincial departments "of proved experience and efficiency .. . to a Coloured Affairs Department which cannot claim either knowledge or experience".

The Institute of Race Relations published a further statement by Mrs. M. L. Grant, urging that provincial control be retained( 40).

An Inter-Church Joint Committee on Coloured Education was formed in 1962, representative of the African Methodist Episcopal Church, the Church of the Province of South Africa, the Congre gational Union, Lutheran Church, Methodist Church, Moravian Church, Nederduitse Gereformeerde Mission Church, and Roman Catholic Church. This committee issued a statement( 41) in which it registered strong opposition to the proposed transfer of control. It said, "We are opposed to any policy which might introduce a differentiation of quality and content in education, and would press, therefore, that the education of Coloured children should remain a part of the general educational policy .. . Rather than set up a new administrative body with the very considerable addi tional costs, it seems far more sound economically for the central government to make additional funds available to the Provincial Administration".

An Anti-Transfer Action Committee has been formed in Cape Town.

Some of the fears and suspicions of the Coloured people were indicated in a syndicated Press article by Mr. Maurice Hommel( 42). "The Coloured Affairs Department," he wrote, "specially instituted to administer the lives of the Coloured people within their inferior and subordinate status, will become the new controlling authority of Coloured education, and under its aegis the education of the Coloured people will be dovetailed into the general pattern of their social, economic and political life as directed by this special depart ment of state .. . A good many Coloured people .. . believe, with the United States Supreme Court, that separate educational facilities are inherently unequal".

(40) RR 105/62. (41) See Race Relations News, July. (42) e.g. Star, 17 August. 190 A SURVEY OF RACE Educational statistics (a) Cape In a speech made at the opening of a session of the Cape Provincial Council, the Administrator of the province said that the 1962 enrolment in schools for Coloured and Asian children was 282,314: an increase of 15,800 since the previous year. There were 8,935 teachers in these schools. These figures differ slightly from statistics given in the Report of the Cape Department of Education for 1961, probably because they reflect the position at different dates during the years. According to this report there were 1,491 schools for Coloured and Asian children in the Cape in 1961, as follows: Training schools .... 10 Aided mission schools .. 1,247 Special schools...... 12 High schools ...... 36 Secondary schools .... 11 Primary schools ...... 140 Private (unaided) schools 35

1,491

In the fourth quarter of the year the average number of pupils on the roll was 268,191 in state and state-aided schools and 3,479 in private schools. Of these, 17,349 were in Standards VI to X inclusive. (Some of the rest were, presumably, pupil teachers). In the state and state-aided schools there were 8,385 certificated teachers (3,518 of them women), and 180 who were uncertificated (including 127 women). Private schools employed 88 qualified and 37 unqualified teachers. As was described in last year's Survey(43), an energetic school building programme is in progress in the Cape; but the accommo dation is still inadequate. According to Press reports( 44), when the schools reopened in 1962 about 400 children had to be turned away from schools in Bonteheuvel in Cape Town, and 160 in Athlone, because there was no room for them. Schooling has been made compulsory for Coloured and Asian children between the ages of 7 and 14 years inclusive in areas where there are enough schools. So far, it is compulsory in Kimberley, Cradock, Simonstown, Keiskamahoek and King William's Town( 45).

(43) Page 241. (44) Rand Daily Mail, 23 January. (45) From The Coloured People of South Africa, issued by Departments of Information and Coloured Affairs. RELATIONS: 1962 191 (b) Natal

Results of educational surveys conducted in the Cape, Free State, and Transvaal were summarized in the 1961 Survey, where it was stated that similar information in regard to Natal would be given in a subsequent issue. The material that follows has been contributed by Professor Hansi Pollak. Education is compulsory for White and Coloured children in Natal from the age of 7 until they pass Standard VI or complete the school year in which their 15th birthday occurs. There is still insufficient accommodation for education to be made compulsory for Indians, in spite of the large sums of money they have them selves raised for the erection of schools. It is estimated that in 1960 there were about 1,500 Asian children of school-going age who were not in school. According to provincial authorities, all the Coloured and Asian children who applied for admission to secondary classes in 1961 were admitted. The numbers of schools in 1960 were: State State-aided Private Total Asians Primary ...... 16 210 - 226 Secondary('1). 4 3 - 7 High 12 - - 12 Coloured Primary ...... 26 11 1 38 Secondary 1 1 - 2 High 2 1 - 3 61 226 1 288

Besides these, there were 12 private Indian religious and vernacular schools. The group areas proclamations for Durban have been de scribed in earlier issues of this Survey(4 7 ). A proclamation covering large parts of this city was published in 1958; some of the gaps were filled in 1961; but the central area has not yet been zoned. After the promulgation of the first proclamation Dr. S. Cooppan calculated that 35 schools, with 9,000 Indian children, were situated in areas that have been allocated to Whites or Coloured. There were 43 Indian schools with 16,000 pupils in the areas then unzoned. Since Dr. Cooppan made this investigation further proclamations have been issued, and the early decision that Cato Manor should be allocated to Whites is being reconsidered. Dr. Cooppan's figures are, thus, not up to date; but they do indicate that, as a result of the group areas policy, large numbers

(46) Secondary schools provide tuition to the Junior Certificate level. (47) 1957-58, page 110; 1961, page 175. 192 A SURVEY OF RACE of new schools will have to be built in Indian residential areas. Dr. Cooppan pointed out that the Indian community had raised the money for building all the 35 schools that became affected in 1958. Two of these were then private institutions, and the rest state-aided. The premises, if put on the market, would realize very small sums. Statistics in regard to other Natal towns are not available; but in many of these a similar situation obtains, although fewer schools will be affected. The number of pupils in state and state-aided schools in Natal in 1960, and their distribution between the standards, was: Class Asian Coloured Number Percentage Number Percentage Sub-Standard A 17,357 16.5 1,868 16.0 Sub-Standard B 15,736 15.0 1,633 14.0 Standard I 14,147 13.5 1,508 12.9 Standard II 13,480 12.8 1,411 12.0 Standard III 12,919 12.3 1,361 11.6 Standard IV 10,521 10.0 1,222 10.5 Standard V 8,317 7.9 1,046 9.0 Standard VI 6,152 5.9 923 7.9 Standard VII.. 3,000 2.9 366 3.1 Standard VIII 1,800 1.7 185 1.6 Standard IX 828 0.8 98 0.8 Standard X 542 0.5 50 0.4 Unclassified 182 0.2 23 0.2 Totals .. 104,981 100.0 11,694 100.0

Besides these pupils, there were 1,997 Asians and 28 Coloured at private primary schools. The distribution of pupils between state and state-aided schools was: State State-aided Asian...... 24,123 80,858 Coloured 8,460 3,234 The numbers of boys and girls were: Boys Girls Asian-primary 54,534 44,277 Asian-secondary 4,603 1,567 Coloured-primary.. 5,427 5,568 Coloured-secondary 411 288 Of the children who wrote the Junior Certificate examination at the end of 1960, 63.63 per cent. of the Asians and 76.40 per cent. of the Coloured passed. Equivalent figures for the Natal Senior Certificate examination were 29.07 per cent. for Asians and 38.00 per cent. for Coloured. RELATIONS: 1962 193 In 1960 there were two farm schools for Coloured, but none for Asians. No special schools (for retarded children) had been established. Coloured primary pupils receive free books and equipment, but Indians must provide their own. The average expenses to be met by parents annually, per child attending a state school, are: Indians Coloured Item Primary Secondary Primary Secondary School fees .... 60c R 2 30c R 1 Text books .. .. R5 R12 - R12 Writing materials, etc. R2 R 3 - R 3 Pupils attending state-aided schools pay higher school fees than those mentioned above: to the possible extent, on average, of RI or slightly more a year. This affects Indians more than it does the Coloured community, since a higher proportion of Indian children is enrolled in aided schools.

Costs to the province, per pupil at school (including redemption of loans and overheads), are: State State-aided White...... R158 ? Coloured ...... R 96 R58 Indian ...... R 68 R47 In the year 1960-61 the provincial administration set aside R2,400 for bursaries for Coloured pupils, and R12,000 for Indians. In 1959-60 it allocated R55,766 for school feeding for White children, R194,882 for Indians, and R25,423 for Coloured. The province contributes 11 cents per pupil per school day in primary schools, subject to a means test of an income ceiling of R2 per week per family member. About 55,680 Indian and 7,260 Coloured children benefit from school feeding. Transport facilities are provided for children who have to travel long distances to school. The playing fields available are, in general, inadequate. Coloured schools are comparatively well equipped; but, until recently, the Indians had to bear the full costs of necessary supplies, with the result that their schools had the barest minimum of equipment. In 1962, however, the Natal Education Department agreed to make grants towards the costs of equipment, maintenance, sanitary services, and water supplies. The numbers of teachers in schools for Indian and Coloured children in 1960 were: White Coloured Indian Principals ...... 22 31 232 Assistants ...... 103 358 2,947 194 A SURVEY OF RACE Of these teachers, 29.3 per cent. employed in Indian schools and 9.9 per cent. in schools for Coloured had neither a professional certificate nor a degree. The percentages with both of these quali fications were 9.7 in Indian and 6.5 in Coloured schools. Indians may study at the Springfield Training College in Durban, and Coloured at the Bechet College, in the same city. They may take the Natal Teachers' Senior Certificate (2 years post-Junior Certificate), or the Natal Teachers' Diploma (2 years post-matriculation), or the Natal Teachers' Senior Diploma (3 years post-matriculation). The numbers of pupil teachers in 1960 were: Indians Coloured Men Women Men Women Teachers' Senior Certificate - 123 1 28 Teachers' Diploma ...... 233 40 23 8 Teachers' Senior Diploma .. 16 2 - Examples of salary scales in other provinces were given in last year's Survey. The following scales, paid to assistant male Indian teachers, are quoted for purposes of comparison: Matriculation plus teaching certificate: R780 x 60-Rl,800 x 80-RI,960. Degree plus teaching certificate (teaching in primary school) ...... R960 x 60-R1,800 x 80-R2,120 The numbers of Coloured and Indian students attending tech nical colleges in 1961 were: Indians Coloured Men Women Men Women M. L. Sultan Technical College, Durban ...... 2,451 2,118 - Natal Technical College for Coloured, Durban . .. - - 151 254 Technical College for Coloured, Pietermaritzburg . - - 60 Pietermaritzburg Indian Tech nical Institute ...... 215 158 The M. L. Sultan Technical College, to the capital costs of which an Indian Trust made generous grants, had six branches in 1960, in Durban and elsewhere in Natal. It provides courses in technology, commerce and secretarial work, domestic science, and catering, on a full-time or part-time basis. The other colleges work on a part-time basis only. The technical college for Coloured in Pietermaritzburg caters for appren tices in the building trade. The other two provide technical and commercial training, and a variety of individual courses in different subjects. RELATIONS: 1962 195 (c) Transvaal and Free State Detailed information about the education of Coloured and Asian students in the Transvaal and Free State was given in last year's Survey(48 ).

ENROLMENT AT UNIVERSITIES The enrolment at universities in June 1960, as given in the annual report of the Department of Education, Arts, and Science for 1961, was( 49): Universities Whites Coloured Asians Africans Cape Town ...... 4,771 396 140 27 Natal ...... 2,963 57 650 189 Orange Free State.. 2,031 - - Potchefstroom .. 1,781 - - Pretoria ...... 7,397 - - Rhodes ...... 1,453 - - Stellenbosch ...... 4,435 - - Witwatersrand .. .. 5,180 29 188 52 University Colleges(50 ) Western Cape .... - 161 - Fort Hare ...... - - - 360(51) The North...... - - - 87 Zululand...... - - - 41 Correspondence classes University of South Africa 7,923 235 624 1,145 37,934 878 1,602 1,901

No comprehensive statistics are as yet available for later years. The University College for Indians is not included in the table, as it opened in 1961: official reports state that it had about 120 students in 1961 and 440 in 1962(52). Since 1960 the numbers of Non-White students at the universities have dwindled. Those at the university colleges other than Fort Hare have grown: but it should be pointed out that a high proportion of these students are non-matriculated, and are taking diploma courses. The following was the position at the African colleges in 1962(53). Students College Matriculated Non- Total matriculated Fort Hare...... 196 46 242 The North 100 97 197 Zululand ...... 62 32 94 (48) Page 243. (49) R.P. 24/1961. (50) Material from 1961 Survey, page 258, is included. (51) Including small numbers of Coloured and Indian students. (52) Digest of South African Affairs, 28 May 1962. (53) Minister of Mines for Minister of Bantu Education, Assembly, 22 July 1962, Hansard 17 col. 6095. 196 A SURVEY OF RACE DEVELOPMENTS AT THE UNIVERSITIES AND COLLEGES

Universities

South Africa's membership of the Association of Universities of the British Commonwealth will be terminated at the conference of this body in July 1963. Its representatives will, thus, not be present when matters such as the standards of various courses, and the recognition by one university of degrees granted by others, are discussed. In 1962, as in previous years, a number of highly qualified members of staff of South African universities have accepted posts overseas. Vacant posts exist on establishments which in any case were generally too small; professors and lecturers have large classes to handle and little time for research. The Rev. G. Bam of the Nederduitse Gereformeerde Church, speaking at a meeting arranged by the National Union of S.A. Students, is reported( 54) to have said that his Church had not opposed the establishment of the African colleges, but was not, and never had been, in favour of debarring Non-White students from the Universities of Cape Town, the Witwatersrand and Natal. The Moderator of the Church in the Cape had pleaded with the Prime Minister to leave these universities open, he said. It was announced by the Minister of Bantu Education in March 55) that five African students had sought admission to the previously open universities in 1962. He had allowed only two to enrol, to take diploma courses, in nursing and music respectively, at the University of Cape Town. No similar information about Coloured and Asian students has been published. The situation at the University of the Wit watersrand, however, illustrates how the numbers attending the open universities are dwindling 56). In 1961 and 1962 those ad mitted for the first time were: 1961 1962 Coloured ...... 6 3 Asian...... 79 50 African ...... - The total Non-White enrolment at this university was as fol lows for the years stated: 1960 1962 Coloured ...... 29 27 Asian...... 188 157 African ...... 52 25

(54) Rand Daily Mail, 4 April 1962. Representations made by other organizations are described in earlier issues of this Survey. (55) Assembly, 2 March 1962, Hansard 6 col. 1869. (56) Information from Wits Student, 17 August 1962. RELATIONS: 1962 197 This enrolment will decrease abruptly as present students com plete their courses and as further faculties are established at the Non-White colleges. Of the 50 Asians admitted for a first time in 1962, for example, 13 are studying engineering, which they cannot do elsewhere. The University of the Witwatersrand has been able to arrange separate facilities, demanded by the Government, for train ing limited numbers of Non-White dentists. Four Asians and one Coloured student were admitted to this course in 1962. Ex-Chief A. J. Luthuli, who was awarded the Nobel Peace Prize for 1960, was in 1962 elected Lord Rector of Glasgow Uni versity, and honorary president of the National Union of South African Students. He is still confined by the Government to the Lower Tugela district of Natal, and, as he is forbidden to attend gatherings, his speeches or writings may not be published in South Africa unless special permission is obtained. Two Coloured students have been elected to important posi tions at the University of Cape Town: Miss Elizabeth Thaele is the head woman student there, and Mr. Kenneth Parker has become managing editor of the student newspaper. Mr. Dennis Brutus was elected to the Students' Representative Council of the Uni versity of the Witwatersrand.

University Colleges for Africans According to Ministerial statements( 57), the staff of the uni versity colleges for Africans in 1962 was made up as follows: Fort Hare College of College of the North Zululand White professors ...... 14 10 4 African professors 1 1 White lecturers ...... 36 26 19 African lecturers ...... 12 6 3 Administrative and technical staff 28 13 6 The estimated expenditure in 1962 was: Fort Hare College of College of the North Zululand R R R Salaries ...... 313,300 186,000 150,600 Other expenditure ...... 166,700 174,100 89,400 The numbers of students receiving State loans were 79 at Fort Hare, 85 at the College of the North, and 35 at the College of Zululand(58).

(57) Minister of Bantu Education, Assembly, 30 March, Hansard 10 col. 3541; and Minister of Mines for Minister of Bantu Education, Assembly, 22 May, Hansard 17 col. 6095. (58) Minister of Bantu Education, Assembly, 11 May, Hansard 15 col. 5450. A SURVEY OF RACE The Government has, for the time being, made a departure from the policy of ethnic grouping by allowing Zulu students wishing to study law or theology to go to Fort Hare, and Xhosa students who want to train as social workers to go to the College of Zululand. A first student from South-West Africa was admitted to the College of the North in 1962. This college has been authorized to accept a limited number from other African territories; but they will have to pay higher fees than the rest because their education will not be subsidized by South Africa's Bantu Education Department. A Federal Theological Seminary of Southern Africa is being established near Alice, on land granted by the Church of Scotland. Those combining in this venture are the Church of Scotland (with which the Bantu Presbyterian Church and the Presbyterian Church of Southern Africa are associated), the Church of the Province of South Africa, the Methodist Church, and the Congregational Union (with which are associated the London Missionary Society and the American Board of Missions). Africans of all ethnic groups will be eligible for admission. Courses in pharmacy have been, or are to be, established at all three African colleges. Since the policy of the ethnic grouping of students was adopted, the enrolment at Fort Hare has declined sharply. In 1959 there were 319 African, 100 Indian and 70 Coloured students(5 9). As stated above, there were 242 students in 1962. In an article con tributed to the journal of the South African Bureau of Racial Affairs in September 1962, Dr. J. J. Ross, the rector of the college, said that, with limited exceptions, non-Xhosa students were no longer admitted. But, besides this, the number of Xhosa-speaking students had decreased. Dr. Ross considered that the reasons were poor matriculation results in recent years; unrest at Lovedale and Healdtown; and, possibly, a reaction against the transfer of the college to Government control. The University College of Fort Hare Transfer Amendment Act, No. 75 of 1962, provided that the administration of the college employees' pension fund would be transferred from the college council to the Department of Social Welfare and Pensions. Three students attending the University College of the North, who had commenced their studies by taking correspondence courses with the University of South Africa, graduated in May 1962, Mr. Eric Nkondo being awarded a B.A.(Hons.) in Sociology, and the others B.A.'s. More than 40 students had by then received diplo mas. Some of those who began their university courses at the University Colleges of the North and of Zululand, when these institutions opened, are now in their third year of study.

(59) Report of Department of Education, Arts and Science. U.G. 79/1960. pages 39-40. RELATIONS: 1962 199 Second-year social science students from the College of the North have spent a month in Johannesburg doing practical training under the guidance of the chief welfare officer of the Public Utility Transport Corporation, a large firm which has developed a wide range of welfare services for its many African employees and their families. The final year of the course will be devoted mainly to practical work.

University Colleges for Coloured and Indians

In the financial year 1962-63 the State voted R472,136 for the running expenses of the University College for Indians, and R376,100 for those of the (Coloured) University College of the Western Cape(60). In terms of Proclamation 70 of 30 March 1962 the adminis tration of the Indian college was assigned to the Minister of Edu cation, Arts and Science, and that of the Coloured college to the Minister of Coloured Affairs. Permanent buildings are being erected for the University Col lege of the Western Cape, in Modderdam Road, in the vicinity of the D. F. Malan airport. There is to be a hall to seat 1,000 people, an administrative block, blocks for arts, science, and education, a library, hostels, a swimming bath and gymnasium, a students' cafeteria, and sports fields with a pavilion for 2,000 spectators. Until these buildings are ready the classes are being conducted in premises formerly used as a school. Degree courses in arts, science, commerce, and education are available, and diploma courses in librarianship, social science, commerce, and teaching. Students from the Dutch Reformed Mission Church's Theological School do academic studies at the college. The fees payable annually are R16.50 for enrolment and sport, R56 for tuition, and R7 per examination. A certain number of bursaries has been provided by the provincial education depart ment (loans for student teachers), and by private firms and organiza tions. The University College for Indians continues to operate in buildings formerly used by the Navy on Salisbury Island in Durban Bay. Of about 40 members on the teaching staff, 6 are Indians(61). Hostels have now been provided for students. Degree courses are available in arts, science, social science, commerce, administration, and pharmacy; and from 1963 further degree courses will be offered in education, fine arts, and hygiene.

(60) Official Estimates of Expenditure from Revenue Account. R.P. 1 and 41 of 1962. (61) Digest of South African Affairs, 28 May 1962. 200 A SURVEY OF RACE There are diploma courses in librarianship, social science, and teach ing, and, if circumstances warrant it, diploma courses in law will be provided. External courses are available in numbers of subjects. Students can obtain degrees by part-time study; but their choice of subjects is limited. The fees payable annually are R12.50 for registration and sport, R56 for tuition, and R7 per examination. Science students pay laboratory fees of R2 a year, and hostel fees amount to R150. Provincial loan bursaries are available for student teachers. There are, as yet, no Students' Representative Councils at these two colleges. In September, leaders of the National Union of South African Students (NUSAS) requested the rector's permission to meet the students of the Indian college in order to discuss the possibility of their becoming affiliated. As the NUSAS repre sentatives were told that they could not do so unless their organiza tion dropped its opposition to university apartheid, they left without accomplishing their purpose( 62 ).

BURSARIES

Numerous private bursary funds operate in South Africa to assist Non-White students. The largest of these is probably the Isaacson Foundation Bursary Fund, housed at the offices of the Institute of Race Relations, which helps Africans, mainly from the Witwatersrand. Loan bursaries, which are interest-free, are made available to post-matriculation students, and grants to pupils needing assistance to complete the matriculation examination. As few urban schools go as far as the matriculation level, many children have to attend boarding schools outside the towns, and the cost is often prohibitive unless financial help is available. Since 1955, when the fund began operating, 478 loans or grants have been made, to an amount of R59,796. The largest of the official bursary schemes is operated by the Department of Education, Arts and Science, to assist Non-White students at the Natal Medical School. An amount of R14,000 was voted for this purpose for the financial year 1952-53.

(62) Sunday Times report, 30 September. RELATIONS: 1962

HEALTH AND NUTRITION

VITAL STATISTICS

Provisional vital statistics for 1961 for the White, Coloured, and Asian sections of the population, as given in the official Bulletin of Statistics, are: White Coloured Asian Birth rate per 1,000 of the popu lation ...... 25.0 47.9 41.2 Death rate per 1,000 of the popu lation ...... 8.8 15.9 7.6 Natural increase rate .. .. 16.2 32.0 33.6 Infant death rate per 1,000 live births ...... 27.6 126.8 43.3 There are no comparable statistics for Africans, since all births and deaths are not registered. Dr. F. W. Quass, the Director of the National Nutrition Research Institute, has said that estimates of the African infant death rate in various parts of the country range from 100 to 400(l).

MALNUTRITION AND DEFICIENCY DISEASES

As will be described below, a recent drought in South Africa has aggravated the extent of malnutrition; but even before the onset of drought there was an extremely high incidence, among Africans and Coloured people in particular, of deficiency diseases such as kwashiorkor, pellagra, scurvy and gastro-enteritis. Mal nourishment coupled with other factors has caused widespread tuberculosis and eye diseases. The Minister of Health said in June 1962 it was estimated that in the vicinity of Cape Town there were no less than 22,000 children suffering from kwashiorkor( 2). According to a Press report( 3) the Professor of Paediatrics at the University of Cape Town stated in September he estimated that 54 per cent. of the Coloured children of that area were underweight. He based this conclusion on obser vations made over several years at the Red Cross War Memorial Children's Hospital.

(1) Rand Daiiy Mail, 5 September 1962. (2) Assembly, 8 June, Hansard 19 co!. 7465. (3) Rand Daily Mail, 8 September. 202 A SURVEY OF RACE At least 100 African children die every year of kwashiorkor in the Baragwanath Hospital in Johannesburg. Each year about 900 malnourished children are admitted there, while 2,000 more are treated as outpatients( 4). During the period July 1958 to June 1959, the King Edward VIII Hospital in Durban admitted 1,102 Non-White children who were suffering from kwashiorkor. Of these patients, 394 died. For every child admitted with a deficiency disease, about 30 more are treated as outpatients( 5). The Medical Officer of Health in Port Elizabeth is reported(6) to have said in September that, on an average, 50 Non-White children died monthly in the Livingstone Hospital because of mal nutrition. It was estimated that more than 6,000 pre-school African children in that city were suffering from gross malnutrition. Experts from the World Health Organization who recently investigated the incidence of kwashiorkor in the Valley of a Thou sand Hills in Natal reported( 7) that this disease affects the principal organs of the body; but the symptoms are not entirely physical. A generally retarded mental condition can be observed in almost every sufferer. Children with kwashiorkor are often completely apathetic, and lacking in initiative and powers of concentration. The Department of Health announced in July that kwashiorkor was to become a notifiable disease. Two doctors working at the Swiss Mission at Shiluvane in the Northern Transvaal estimated in September that the incidence of pellagra had increased tenfold in this area during the past two years(8). In an address given in October at a congress of the Institute of Public Health, Dr. T. D. L. Hansen of the University of Cape Town said that of 5,000 children treated for gastro-enteritis in one hospital during 1961, at least 2,500 were protein deficient(9). It is reported( 10 ) that an average of 40 babies a day suffering from gastro-enteritis are admitted to the Red Cross Hospital in Cape Town. Each summer about 2,000 "dehydrated" African babies receive emergency treatment at the Baragwanath Hospital, Johannesburg. Enteritis has caused a severe loss of body fluids and salts(11).

(4) Rand Daily Mail, 28 June. (5) From memorandum by Faculty of Medicine, Natal University. Quoted in Race Relations News, August. (6) Rand Daily Mail, 8 September. (7) See Race Relations News. June. (8) Rand Daily Mail, 2 September. (9) Ibid, 17 October. (10) Statement by Dr. 0. D Wollheim, Race Relations News. July. (W ) Rand Daily Mail, 9 November. RELATIONS: 1962 203 According to the Medical Officer of Health for Pretoria, some authorities estimate that tuberculosis kills 40 people a day in South Africa. There were 58,491 cases reported during 1961(12). Dr. F. K. Mitchell, president of the Institute of Public Health, said at the October congress of this organization that malnutrition plays a part in the high death rate from bronchitis and pneumonia, and in the serious complications of measles, in Non-White children. Less dramatic, but by no means least important, is the retardation and stunting of growth which results from malnutrition in the growing years of childhood( 13 ). In a book recently published by the Institute of Race Rela tions( 4 ), Mr. Carl Keyter quoted from findings of overseas ex perts(' 5). Whereas the effect of dietary deficiency in children is manifested by retarded development, loss of weight, physical and emotional disturbances, he said, the adult's reaction is laziness, inactivity, indifference to environment, depression and apathy. What this means in loss of production and national income is incalculable. A survey he had conducted in Pretoria among 600 unskilled African workers, Mr. Keyter continued, indicated that 70 to 80 per cent. were probably suffering from dietary deficiency in one form or another. They might be unjustly accused by their employers of being "lazy" or uninterested in their work. About 30 per cent. of the workers questioned had markedly inadequate diets and would be especially prone to absenteeism through illness. In the addresses quoted above, Dr. F. K. Mitchell said that malnutrition was South Africa's Public Enemy Number 1. Dr. Hansen added that there was a national emergency in child health. The replies obtained by the National Nutrition Research Insti tute to a questionnaire sent to medical practitioners in 1961 were summarized in last year's Survey (16). This Institute intends con ducting a further study to determine the extent and degree of mal nutrition among all race groups in South Africa.

RECENT DROUGHT AND ITS EFFECTS

There has been a serious drought in large parts of South Africa. In some areas, particularly the Northern Transvaal and Zululand, crops have failed for three successive years. By September and October of 1962 many dams and rivers had dried up,land the grazing on numerous farms had become exhausted.

(12) Ibid, 28 June. (13) Ibid, 16 October. (14) Industrial Feeding of African Workers. (15) Scrimshaw, N. S. and Bhar, N.: Federal Proceedings (U.S.A.) 18, 82. (16) Page 262. 204 A SURVEY OF RACE Conditions were bad enough for many Whites; but infinitely worse for the Africans in Reserves in the drought-stricken areas. In large areas of the Northern Transvaal the veld grass disappeared, leaving only thick powdery dust. Women were forced to walk for miles under the scorching sun to fetch water from muddy streams which they shared with the cattle. Many men, ordinarily employed on farms, were out of work because of the drought, and few people had cash to buy foodstuffs from traders. During September Mr. Neil Alcock of the Nutrition Corpor ation of South Africa and Mr. Carl Keyter, then of the Institute of Race Relations, toured the Northern Transvaal visiting mission hospitals and having discussions with farmers, government and municipal officials, local Africans and others. They were told that in the area around the Jane Furse Hospital in Sekhukhuneland at least 20 per cent. of the people were in a state of advanced mal nutrition. Hospitals in the areas visited were overcrowded with patients suffering from pellagra, scurvy or kwashiorkor. It was found that in large parts of the Northern Transvaal the people were able to have only one meal a day, or every second day, consisting generally solely of mealie meal. Meat was eaten about once a week, or sometimes once in several weeks. Wild vegetables, with which the Africans were accustomed to vary their diets, had withered away. In one area visited the people could not even afford mealie meal and were living on wild berries. The situation had been severely aggravated by the drought, but the investigators found that malnutrition was apparently a permanent condition, due to poverty and to widespread ignorance of food values.

SURPLUSES OF FOODSTUFFS

Side-by-side with this malnutrition there have been surpluses of agricultural products in South Africa. According to the Star( 17), the Minister of Agricultural Economics and Marketing said in August that there was a surplus of 22,000,000 pounds of butter. Of this, 4,000,000 pounds would be exported to Britain at a loss, but other countries would not take it, even at the subsidized price. The local price was reduced from 35 cents to 30 cents a pound in December 1961; and later the Dairy Board employed an African public relations officer to advertise the product in African areas at 25 cents a pound. It was also sold at this price to welfare organizations and firms running canteens. In the earlier part of the year thousands of surplus citrus fruits and bananas were dumped, to rot.

(17) 15 August. RELATIONS: 1962 205 There has been a surplus of maize because of the high guaranteed price. The Press reports(18) that in August there were about 23,000,000 bags in storage, awaiting export. Between R10,000,000 and R12,000,000 is spent annually from the price stabilization fund on subsidizing maize that is exported at a loss. The Minister of Agricultural Economics and Marketing said in February( 19) that products exported at a price below the domestic price during the past twelve months had included butter, cheese, mutton, eggs, maize, kaffircorn, groundnuts, raisins, sultanas, tobacco, and chicory. Should Britain enter the Common Market, further marketing problems may arise in South Africa.

MALNUTRITION RELIEF WORK BY THE GOVERNMENT

A committee, consisting of representatives of Government departments, agricultural control boards, and major municipalities, has been appointed to investigate the extent of malnutrition among Africans, and the possibilities of developing markets among them for agricultural produce. The Department of Health is planning a health education programme, initially to combat malnutrition and tuberculosis. 20 It was announced by the Minister of Health on 18 May( ) that a departmental committee had been set up to investigate the control and management of health services in African areas, the extent and efficiency of these services, and the implications of any changes which might be considered necessary. During 1961 the Government instituted pilot schemes in Cape Town, Pretoria, Durban, and East London, in terms of which powdered skimmed milk was made available at a reduced rate of 15 cents a pound to the municipalities for distribution to needy pre-school children of all races. The Government provided a subsidy of 5 cents per pound, and whenever possible the local authorities collected the balance of 10 cents from the families. Some local authorities themselves contributed half of this amount. It is reported that clinical tests conducted at the Pretoria General Hospital by the Council for Scientific and Industrial Research proved that a pound of this milk per child per week was sufficient to prevent malnutrition 2 1). Calculations by the Faculty of Medicine at the University of Natal show that it costs R 1I a

(18) Star, 15, 17 and 24 August, also Rand Daily Mail, 13 November. (19) Assembly, 9 February. Hansard 3 cols. 854-5. (20) Assembly. Hansard 16 col. 5914. (21) Bantu, September, and statement by Secretary for Health. Star, 17 September. 206 A SURVEY OF RACE week to treat a hospital patient suffering from kwashiorkor, whereas this disease can be prevented by an expenditure of 15 cents a week( 22 ). Other local authorities have been invited to participate in this milk distribution scheme. Municipalities may also obtain supplies of subsidized butter and cheese for sale to underprivileged families. The Dietetic Section of the Division of Soil Conservation has published a suggested minimum daily diet for African workers(2 3). A sum of R45,000 was made available by the Government for public works in the Northern Transvaal and Zululand( 24). The use of machinery has been curtailed there, and instead men and women are being employed on road construction, the clearing of bush, and works to combat soil erosion, the men being paid 50 cents a day, and the women 22 cents. During August the Department of Bantu Administration and Development introduced feeding schemes in four Reserves near Potgietersrus: Mapela, Bakenberg, Vaaltyn and another. These were organized by the tribal authorities, which named needy cases and appointed cooks. Needy pre-school children, school pupils, pensioners, and nursing mothers were fed daily on enriched soup and a cooked dish of whole grain mealie meal. Each was asked to bring a stick of firewood every day, further wood being sent from Trust farms. Mealie meal and enriched soup powder have been distributed in other drought-stricken areas, Sekhukhuneland for example; a tanker was sent to deliver water to the Mapela location; and new boreholes were sunk in several places.

WORK BY LOCAL AUTHORITIES AND VOLUNTARY BODIES

Various voluntary organizations have been working for num bers of years to relieve malnutrition: among these are the African Children's Feeding Scheme and the Save the Children Fund in Johannesburg, the Cape Flats Distress Association and the Penin sula School Feeding Association in Cape Town; Durban's Mal nutrition Relief Committee; the Mayor's Committee in Port Eliza beth; and schemes run by the Pretoria and Bloemfontein Joint Councils. The African Children's Feeding Scheme in Johannesburg feeds 11,500 local African children five days per week; supplying each with two slices of brown bread spread with enriched peanut butter and a pint of skimmed milk. A nominal fee of a cent is usually charged; but children referred to the committee by health or welfare authorities do not need to pay.

(22) From figures given in Race Relations News, August. (23) Star. 30 July. (24) Ibid, 10 August, and Rand Daily Mail, 23 June. RELATIONS: 1962 207 Durban's Malnutrition Relief Committee has been distributing more than 8,000 pounds of powdered milk a month to children of all races through the City Council's mother and child clinics. A small charge is made if parents can afford to pay this. It has been estimated that, as a result of this scheme, the African infant mor tality rate dropped by 30 per cent. in a year(25). In Port Elizabeth the Mayor's School Feeding Committee supplies about 10,000 children of all races with a fortified biscuit each and a cup of skimmed milk every school day. When there are local surpluses of fruit, this is distributed to the children. The Red Cross Society in this city gives soup to 4,500 Coloured children three times a week(26). The Johannesburg City Council spends about R60,000 a year on giving milk powder free of charge to African children. Here, as in Durban, there has been a dramatic decrease in the infant death rate, partly due to the feeding and partly because of improved housing conditions. It is reported that this rate had fallen to 92 by 1961: one of the lowest in the country 27). Several private firms have recently developed cheap high pro tein foods. Many industrial employers run canteens or feeding schemes for their African workers. The Public Utility Transport Corporation, which operates in Johannesburg, Pretoria, and Durban, reports that by means of its feeding and other welfare schemes it has, in five years, reduced the loss of man-hours due to sickness by 50 per cent., and the accident rate by 32 per cent.( 28). These and other feeding services were in existence before the onset of the recent drought, which aggravated the extent of mal nutrition to crisis proportions in many areas. Various new or ganizations have been formed in response to this need. The first of these was the Potgietersrus Bantu Relief Committee, which has received much assistance from the Save the Children Fund, the Lions International Service Club, and many private individuals. It has been supplying about 4,500 local Africans with a slice of brown bread spread with peanut butter each day, and a mug of puzamandhla-a drink consisting of fortified mealie meal mixed with water. Gifts of surplus fruit and other foodstuffs have been received. The organizers hope to keep the scheme in operation at least until the rains bring new crops. A Waterberg Bantu Relief Committee has provided urgently needed dams and boreholes in the Groblersdal area. The Anglican

(25) Star, 3 October. (26) Rand Daily Mail, 8 September. (27) Ibid, 5 September. (28) Star, 9 November. 208 A SURVEY OF RACE Archdeacon of Pietersburg started two feeding schemes in his area. Relief work in Northern Zululand was organized by the churches. The World Council of Churches has contributed more than R17,000 towards this relief work. The Institute of Race Relations published two booklets by Carl Keyter: Feeding Customs and Food Habits of Urban Africans, and Industrial Feeding of African Workers. These are designed to encourage employers to establish feeding schemes for their workers, and to provide advice as to the best methods of doing so and the pitfalls to avoid.

ESTABLISHMENT OF KUPUGANI

In May 1962 a conference was held of representatives of various committees running local feeding schemes. It was decided to establish the Nutrition Corporation of South Africa, Ltd., a non profit making company which trades under the name of Kupugani (a simplified version of the Zulu term for "uplift yourself"). The object of this company is to arrange for surplus foodstuffs to be diverted to those suffering from malnutrition. The two moving spirits in the venture were Dr. Oluf Martini and Mr. Neil Alcock. Kupugani plans to raise funds by attracting 100 foundation members and 100,000 ordinary members. It will issue debentures which will in effect amount to donations. For a start, various private philanthropists financed the work. Local committees have been formed in the larger cities and in numbers of towns and villages in the drought-stricken areas. As one of its continuing activities the organization plans to buy milk direct from farmers at a price slightly above what they would receive were the milk sold to dairies or factories for the production of butter, cheese, or condensed milk. This milk will be resold to undernourished people through missions and welfare organizations. The selling price will allow for a small margin to cover transport and administrative expenses, but will yet be well below the normal retail price. Cheap high protein foods will be bought in bulk and distributed through similar channels. Kupugani plans to employ health educators, and if possible to run centralized kitchens in industrial areas where employers can obtain foods for their canteens and workers can buy food to take home to their families. The organization hopes periodically to buy from control boards or producers, at a low cost, fruit which might otherwise be destroyed, produce which might be exported at a loss, and surpluses of meat, eggs or vegetables. By selling those foods at the lowest possible RELATIONS: 1962 209 prices to people who could not afford them at conventional prices, Kupugani hopes to popularize them and open up new internal markets. During September and October the Rand Daily Mail appealed for funds for Africans in distressed areas, succeeding in raising about R15,000. This money was handed to Kupugani, which was then able to despatch several tons of food immediately to missions and voluntary committees for free distribution to Africans suffering from malnutrition.

WELFARE

CONSOLIDATING ACTS The Old Age Pensions Act (No. 38/1962), the Blind Persons Act (No. 39/1962), the War Veterans' Pensions Act (No. 40/1962), and the Disability Grants Act (No. 41/1962) were consolidating measures.

NEW RATES FOR SOCIAL PENSIONS In terms of the 1962-63 Budget, amounts of R18.00 a year for Whites, and R1.80 a year for Africans, were added to the bonuses payable to social pensioners. The rates payable annually for old age pensions were then: Whites Coloured Asians R R R Maximum basic pension 144 72 60.00 Additional pension ...... 84 42 34.80 Bonus .. 66 24 20.40 Maximum free means allowed .. 180 90 72.00 Maximum pension plus free means not to exceed ...... 474 228 187.20 White old age pensioners are allowed additional free means of R24 a year in respect of each dependant child. Africans are paid at various rates according to their places of residence: City rate Town rate Rural rate R R R Maximum basic pension 24.00 18.00 12.00 Additional pension ...... 13.50 13.50 13.50 Bonus...... 4.80 4.80 4.80 Maximum free means allowed 24.00 18.00 12.00 Maximum pension plus free means not to exceed 66.30 54.30 42.30 210 A SURVEY OF RACE Blind pensions are similar, except that Whites are not allowed additional means for dependant children. Disability grants are the same as old age pensions, except that all Africans, wherever they live, are paid at city rates. Non-White war veterans receive the same amounts as do old age pensioners of the racial group concerned; but there is a higher maximum pension for Whites.

SOCIAL PENSIONERS

According to information given in the Assembly by the Minister of Social Welfare and Pensions and the Deputy Minister of Bantu Administration and Development('), the numbers of people receiving old age and war veterans' pensions in 1962 were: White Coloured Asian African Old age ...... 86,756 47,619 6,927 217,615 War veterans ...... 25,165 1,573 59 675 It was stated that 14,331 Africans were receiving blind pensions, and 61,834 Africans were being paid disability grants. The num bers of White, Coloured and Asian pensioners in these categories were not given. Detailed information as to the position in 1960 was included in last year's Survey(2). Persons of all racial groups may qualify for maintenance grants(3), and Whites and Coloured may receive family allowances. There is no recent published information as to the rates, the number benefiting, or the total amounts paid. Members of all races may qualify for workmen's compensation and for pneumoconiosis benefits. Membership of the unemploy ment insurance fund is not open to those earning more than R2,500 a year nor to Africans earning less than R546 a year or employed as casual or seasonal labourers, mine workers, domestic servants, or agricultural workers. It would appear that considerable numbers of Africans who are entitled to workmen's compensation benefits do not in practice receive these. When a worker is injured his employer lodges his claim for compensation, and it may be some months before the award is paid. Meanwhile, the man may have changed his job. Because of the mobility of unskilled labour this frequently happens in the case of African workers.

(1) 9 February, Hansard 3 col. 853; and 17 April, Hansard 12 cols. 4098-9. (2) Page 269. (3) In footnote 13 on page 269 of last year's Survey it was incorrectly stated that Africans and Asians do not qualify for maintenance grants. RELATIONS: 1962 211 If the employee has left by the time that the money is paid, the usual procedure is for the employer to return it through the local office of the Department of Labour. Unless the worker makes enquiries it is then retained in the office of the Workman's Com pensation Commissioner for a year, after which the name of the person entitled to the award is published in the Gazette. If the money is not claimed within a month it is then forfeited. From time to time pages of names of Africans to whom sums are due appear in the Gazette. Officials of an engineering firm on the Rand regularly scan such lists; find out, through the municipal Bantu Affairs Department, the whereabouts of former employees who are entitled to benefits; and notify the new employers of these men. They urge that municipal or government departments should undertake this relatively simple task on behalf of all Africans who have changed their employment by the time that awards are made( 4).

RECREATION THE ARTS

Several exhibitions by Non-White artists have earned favour able comment by leading art critics during the year under review. Again Cecil Skotnes at the Polly Street Art Centre in Johannesburg was responsible for discovering and fostering the talent of some of the artists: Ephraim Ngatama, for example, who held a one-man exhibition of water colours in September, and Sydney Kumalo, who exhibited sculpture at a Johannesburg gallery in May. A three-man exhibition was given in Johannesburg in March by the painters Gerard Sekoto and Louis Maqhubela and the sculptor Lucas Sithole. During the same month the Coloured artist Peter Clarke exhibited his paintings and drawings. Works by the sculptor Louis Maurice have been shown in Cape Town. In April Amos Langdown of Paarl was awarded a grant of R700 by the Coloured Affairs Department to enable him to continue his art studies in Amsterdam. Recently published books by Africans from the Republic in clude Let My People Go, by ex-Chief A. J. Luthuli; A Review of Zulu Literature by Professor C. L. S. Nyembezi; and The African Image by Ezekiel Mphahlele. The 1962 Samuel Edward Mqhayi prize for literature was awarded to Mr. E. A. S. Lesoro for his anthology of poetry entitled Mnitsa (Lucky Charm). Todd Matshikiza, who is now working in London as a television script-writer, published an autobiography called Chocolates for My Wife.

(4) Rand Daily Mail, 11 July. 212 A SURVEY OF RACE The singer Ben "Satchmo" Masinga, who continues to play with Union Artists, wrote a musical variety show, Back in Your Backyard, in which he played the lead. Johaar Mosaval, the Malay dancer from Cape Town, has been promoted from soloist to principal dancer with the Royal Ballet Touring Company, London. During 1962 he was given leave to take the lead in a new ballet, The Square, by David Poole of the University of Cape Town, which was presented by the Eoan Group.

EQUITY RESOLUTION

At its annual general meeting in June 1962 Equity, the British actors' union, voted in favour of a ban on performances by its members to segregated audiences. At the time of writing this resolution still had to be considered by Equity's governing body. Meanwhile, the previous policy continued to apply: that a certain number of appearances in South Africa should be before Non Whites, and that these performances should be under the same conditions as those given to White audiences.

AFRICAN SCHOOL LIBRARY SCHEME

The work of the African School Library Scheme, initiated by the Southern Transvaal Region of the Institute of Race Relations in May 1961, has expanded rapidly. Gifts of large numbers of books have been received from Australia, Britain, and many or ganizations and private individuals in South Africa. The Australian National Council of Women and the Lady Ranfurly Library Scheme in Britain have undertaken to pay shipping costs, and a South African firm is transporting the books to Johannesburg free of charge. A voluntary committee in Johannesburg sorts and classifies the books, making up libraries for African schools. By early November 1962 it had distributed 33 libraries, containing about 28,000 books.

SPORT

The Government's views on inter-racial sport

Statements made by Cabinet Ministers in 1956 and 1960 on the question of inter-racial sport were summarized in last year's Survey(5). Several further policy statements have been made during the year under review.

(5) Page 272. RELATIONS: 1962 213 On 9 February 1962 the Minister of the Interior said( 6) that as far back as 1956 his predecessor had "explained that the policy of separate development expressed the South African custom that Whites and Non-Whites should organize their sporting activities separately; that there should be no inter-racial competitions within our borders; and that the mixing of races in teams to take part in competitions within the Republic and abroad should be avoided. This ... is still the policy of the Government". A few weeks later the Minister amplified this statement. He is reported(7) to have said that the Government could not approve of the participation by mixed White and Non-White teams from the Republic in world sports tournaments or competitions. Conversely, mixed teams from other countries could not be allowed into South Africa. Separate White and Non-White teams from South Africa would be allowed to compete in international meetings held outside the country's borders, provided that the organizers were not trying thereby to make the Government abandon its policy of separate development. The Minister continued, "It must be understood that all attempts to evade or undermine the South African custom in neighbouring territories by inviting or inducing White and Non White teams to play one another across the border (or by inviting mixed teams from South Africa) in what are clearly not international competitions but only competitions organized specifically to do there, with South African sportsmen as participants, what is not permissible in South Africa itself, will be viewed in an unfavourable light. "As regards the administration and control of sports activities, it would be in accord with the Government's policy if Non-White associations were to exist and develop alongside the corresponding White associations. The latter associations could then act as co ordinating bodies between the associations at top level, and serve as representatives in the corresponding world bodies". On 18 May the Minister of Education, Arts and Science read to Members of Parliament a letter which had been sent by his department to all the leading sporting bodies in the country( 8). This stated: "Several cases recently occurred where invitations were extended to overseas sportsmen and sports teams to participate in events in South Africa without previous consultation with the Government. This department, as the department responsible for physical education, wishes to impress on your association the neces sity of consulting with the Department of the Interior before ex tending such invitations.

(6) Assembly, Hansard 3 col. 839. (7) Star, 31 March. (8) Assembly. Hansard 16 cols. 5911-3. 214 A SURVEY OF RACE "In the first place, visitors from most countries must obtain visas from the Department of the Interior. Each case is decided on its merits, and if prospective hosts will, before extending an invitation, or giving publicity to a possible invitation, ensure that the persons concerned will be admitted to South Africa, they will obviate embarrassment both for the Government and for them selves. They may thus also save their prospective guests disappoint ment and the expense of preparing for a visit which has to be can celled later. "For these reasons the department appeals to all national sports associations and their affiliated bodies to co-operate with the Government in this important matter, and to consult the Depart ment of the Interior before entering into negotiations which may eventually lead to an invitation to overseas sportsmen or teams to visit the Republic".

South Africa's representation on the International Olympic Committee

As has been mentioned in previous issues of this Survey, the International Olympic Committee has for some years been con cerned about the existence of racialism in South African sport. The South African Olympic and National Games Association is composed of representatives of a number of national bodies in the various codes of sport. In an endeavour to reach a compromise between different points of view this Association decided in 1959 to encourage its constituent bodies, which were representative of White sportsmen, to invite Non-White sporting bodies to affiliate to them. If the controlling committee in any particular code of sport then selected a Non-White player from an affiliated body as a candidate for the Olympic Games, the choice would be supported by the South African Olympic Association. Some Non-White sporting bodies have become affiliated to the corresponding White ones: for example, the S.A. Bantu Football Association to the (White) Football Association of South Africa. But other Non-White organizations have refused to become sub servient affiliated bodies, and have held out for membership of the national associations on a basis of full equality. In 1959 these organizations formed the S.A. Sports Association, pledged to work for the full and direct international recognition of all South African sportsmen. In the light of the Minister's statements, described above, it appeared doubtful whether a Non-White sportsman would be allowed to travel overseas as a member of a combined Springbok Olympic Team, even if his organization had become affiliated to RELATIONS: 1962 215 the White one in control, and if this White organization had selected him for participation in the Games. It was reported in April( 9) that the S.A. Amateur Athletic Union decided to seek an interview with the Minister of the Interior to point out that each country participating in the Olympic Games could send one team only. In terms of the constitution of the international body it would not be possible for South Africa to send separate White and Non-White teams. In June the International Olympic Committee warned the South African Olympic Association that its membership would be suspended unless an assurance could be given that any Non-White sportsman of adequate ability to represent his country would be permitted to do so. Should this suspension be decided upon, no member of a club represented through its national body on the South African Association could participate in the Games. On 9 July the (non-racial) S.A. Sports Association (SASA) sent a circular to its affiliated bodies suggesting that it should be dissolved, and a S.A. Non-Racial Olympic Committee (SANROC) be set up in its place. After such a committee had been in existence for a year it would qualify to apply for membership of the Inter national Olympic Committee. This plan was carried out in October 1962. SANROC intends submitting to the International Com mittee, at the latter's meeting in 1963, that it should be recognized as the body to represent South Africa, and that the S.A. Olympic and National Games Association should be expelled. The former Springbok cricketer Owen Wynne is reported( 10 ) to have suggested that a Sportsmen's National Convention be held with the object of forming a single Olympic Association in South Africa which would be representative of sportsmen of all racial groups.

Athletics

Early in 1962 the body controlling athletics in Mozambique decided to organize a contest in May in which South Africa and the Federation would be invited to participate. Each country could enter two athletes for each event. It was made clear that South Africa could send one team only. The (White) S.A. Amateur Athletic Union, to which is affiliated the S.A. Bantu Athletic Association, announced in April that its selections would be based on merit. Should a Non-White athlete be selected he would be awarded Springbok colours. It was

(9) Rand Daily Mail, 23 April. (10) Parade, 3 August. 216 A SURVEY OF RACE decided that there should be White trials at Queenstown on 23 April, and Non-White trials at Welkom on 28 April, attended by the same selectors. None of the Non-White competitors bettered the performances of the Whites selected for first-string positions; but two Africans improved on the times of the White shadow reserves. Bennett Makgamathe ran the 3 miles in 14 mins. 38 secs.-13.8 secs. faster than the White reserve Frank Altman. Humphrey Khosi won the half-mile in 1 min. 53.3 sees, which was a tenth of a second less than the time taken by the White reserve for this event. On the same afternoon Frank Altman, competing elsewhere, ran the 3 miles in 14 mins. 34.2 sees. It was announced a few days later that, in view of this, he would be selected, and that the S.A. Amateur Athletic Union had decided against the inclusion in the team of either Makgamathe or Khosi. Sports commentators(i") pointed out that, if official times other than those achieved at Queenstown and Welkom were to be taken into account, there were several Africans who should have been selected as second-strings in their events. Makgamathe had that year run the 3 miles in 14 mins. 22.6 sees. At the Welkom meeting he had lacked the challenge of close competition. Furthermore, it was said, John Qithi and Edward Sethsedi ranked second in South Africa in their events, Qithi having run the half-mile in 1 min. 52.9 sees. and Sethsedi the mile in 4 mins. 14.7 sees. These men, and the half-miler Benoni Makela, had run badly judged races at Welkom through over enthusiasm. The six miler, Johannes Metsing, had done so too. Four other African athletes have attracted attention during the past year. At the Gold Fields annual athletic meeting for Africans, held in May, Elliot Shale ran the 100 yards in 9.5 sees.: a time that has been bettered by only two White South Africans. John Mokoena ran the 220 yards in 21.5 sees.: seven-tenths of a second outside the South African record(12). At the opening of the Stil fontein track in the Western Transvaal in April, S. Finger won the 440 yards in 49.4 sees,. and P. Malehase cleared 6 ft. 33 ins. in the high jump.

Soccer

It was mentioned last year(13) that, at a meeting held in Septem ber 1961, the executive committee of the Federation of International Football Associations (FIFA) decided to suspend the Football

(11) e.g. Star, 30 April, Sunday Times, 29 April. (12) Rand Daily Mail report, 21 May. (13) Page 276. RELATIONS: 1962 217 Association of South Africa (FASA) because of alleged discrimina tion in South African soccer. It was decided that the question of whether further disciplinary measures should be taken would be discussed at a biennial conference to be held in Chile in May 1962. As a result of FASA's suspension, South Africa cannot invite overseas teams to play within her borders, nor can she send teams abroad to compete with any clubs that are in good standing with the international body. As far back as 1955 the bodies controlling Non-White soccer in South Africa complained to FIFA that FASA was not truly representative of the country's players. FASA offered affiliation to the Non-White bodies, promising to do all it could to assist them. The S.A. Bantu Football Association decided to accept the offer; but other groups held out for full membership and not merely subservient associate status. Among these were Coloured and Indian bodies which later merged to form the S.A. Soccer Federation, and the S.A. African Football Association. These bodies became affiliated to the S.A. Sports Association which, as stated earlier, has been campaigning for non-racialism in sport, and for the full and direct international recognition of all South African sportsmen. During the year under review several groups, including the Durban and District Bantu Football Association (representing 130 clubs), have allied themselves with those who accept affiliation to the White controlling body, FASA. It was reported in January( 14) that the Manager of South Africa's National Football League (the White professional body) had, during a visit overseas, discussed the situation with the president of FIFA, and had become convinced that there was little chance of South Africa's suspension being lifted unless genuine and positive attempts were made to encourage Non-White soccer players. Later that month it was announced 15) that FASA was forming a top-level committee, on which Whites and Non-Whites from affiliated bodies would have equal numbers of representatives. This committee would decide points of policy within the framework of the laws and customs of the country. Non-White delegates would attend FASA meetings, with full debating and voting powers. If FIFA permitted South Africa to participate in the next world cup competition, its team would be selected purely on a basis of merit. Whites would compete with Non-Whites outside the borders of the country. On 26 February a match was arranged in Maseru, Basutoland, between two leading teams from South Africa: the (African) Black Pirates and the (White) Germiston Callies. It was watched by a

(14) Star, 8 January. (15) Sunday Times, 28 January. 218 A SURVEY OF RACE good humoured crowd estimated to number 9,000, mainly Africans. The Germiston Callies won by 3 goals to nil. Among the outstand ing African players were Jacob Mekwe, Ishmael Moloi and Marwick Moshoeshoe. A multi-racial soccer team called Coastals, with White, Indian and African members, was formed in Durban. It is reported 16 ) that Special Branch detectives warned the four regular White members that they would be in trouble if they continued to play in the team, but that the latter ignored the warning. Another mixed team, the Lincoln City Club, had previously been formed in Pietermaritzburg. Then, in February and March, the Minister made the statements which are summarized earlier. In consequence, FASA refused permission for a Free State Northern Districts White team to play a combined Basutoland team at Maseru during April(17). Earlier, in October 1961, the mixed Lincoln City Club had played a match against an Indian team at Currie's Fountain, Durban, in an area zoned under the Group Areas Act for Indian occupation. Two White and five Coloured members of the mixed team were charged with having contravened the provisions of a proclamation issued under the Group Areas Act(18). This proclamation provides, inter alia, that, except under permit, no racially disqualified person may be present on premises as a member or guest of any club, or for the purpose of partaking of refreshments ordinarily involving the use of seating accommodation as a customer in a restaurant or tea room. Charges were also laid against the president and the secretary of the Indian soccer club which leased the ground at Currie's Fountain for having invited disqualified persons. The trial of these men is described later. FASA decided to include the President of the Bantu Football Association, Mr. B. P. Morola, in its delegation appointed to attend the meeting of FIFA, held in Chile in May. It is reported( 9) that Mr. Morola told FIFA that restricted facilities in the past had prevented Non-Whites in South Africa from reaching the standards that had been attained by White players. His association, which had more members than had the S.A. Soccer Federation, considered that the best way for them to obtain expert training and coaching facilities was by affiliating to FASA. Representatives of the S.A. Soccer Federation were unable to obtain travel documents; but Mr. Robert Resha, who had left South Africa some months previously, appeared on behalf of this organization.

(16) Sunday Times, 4 February. (17) Star, 26 April. (18) See 1957-58 Survey, page 91. Proclamation 255/1960 amended the earlier one. (19) Star, 24, 25 and 28 May. RELATIONS: 1962 219 According to Press reports, the president of FIFA stated that FASA had made good progress since its suspension; but it was decided that this suspension would remain in force until racial discrimination in soccer had been eliminated. FIFA offered to send a delegation to South Africa to study the situation, and, if possible, to help. The S.A. Soccer Federation has applied for affiliation to FIFA; should this application be granted, FASA would be excluded. The whole matter will be reconsidered by FIFA at its meeting in Tokyo in 1964.

Result of prosecution under the Group Areas Act

A Durban magistrate acquitted the nine men who were charged under the Group Areas Act, whereupon the State took the case on appeal. A full Bench of the Natal Supreme Court headed by the Judge President of that province, Mr. Justice Milne, dismissed the appeal. Mr. Justice Milne is reported( 20 ) to have said that a club, to be affected by the proclamation, must be a club with its own premises. The Durban City Sports Grounds Association, which had leased the grounds at Currie's Fountain, was not the kind of club that the legislature had in mind, because it was an association of sports clubs. The provisions of the proclamation were aimed at clubs having individual members. The players had not sat down together for refreshments as customers in a club, restaurant or tea room.

Rugby

Maoris have for a number of years been eligible for selection in the New Zealand All Blacks teams that play at home or in tours of countries like Britain or Australia. They have been excluded from teams touring South Africa. This caused much criticism in New Zealand in 1960, and, as a result, the Rugby Union of that country decided in April 1962 that all future teams would be fully representative. The attitude of South Africa in regard to visas for possible Maori members of visiting teams will determine whether or not the country's rugby relations with New Zealand are to continue. An organization that was affiliated to the S.A. Sports Asso ciation has been created to fight for non-racialism in South African rugby.

(20) Rand Daily Mail, 22 October. 220 A SURVEY OF RACE Cricket

It was reported last year( 21) that when the Imperial Cricket Conference met in July 1961 it decided to defer the question of whether South Africa should retain its membership after having left the Commonwealth. In the meanwhile, matches between South Africa and other member-countries would rank as "unofficial tests", but could possibly become official retrospectively. A series of "unofficial tests" took place in South Africa against New Zealand early in 1962. The attendance, and the takings, were lower than was usual for test matches. Australia has pressed for the decision of the Imperial Cricket Conference to be altered; but at a meeting in July 1962 this organization decided that South Africa's position should remain unchanged( 22). Two of South Africa's leading White cricketers, Neil Adcock and Roy McLean, were members of a multi-racial Commonwealth XI that toured several countries early in 1962. One of the other members was the Coloured player Basil D'Oliviera, a South African who at present is a pro in England. The team did not visit South Africa. The S.A. Cricket Board of Control is a multi-racial body, mainly Non-White, which has been pressing for international recognition to the exclusion of the (White) S.A. Cricket Association.

Boxing

An account was given in last year's Surveyj( 23) of the decision of the S.A. Amateur Boxing Association, and the affiliated S.A. Non-European Amateur Boxing Association, to foster the parallel development of this sport, and to set up a liaison committee with equal numbers of members from the two associations, under the chairmanship of the head of the White body. The multi-racial tournament held in Bulawayo in December 1961 was described. - The S.A. Amateur Boxing Association announced in 1962(24) that, provided they were of international standard, Non-Whites from affiliated bodies would be selected to compete in amateur championships in the United States in March of the following year. The Whites and Non-Whites selected from South Africa would compete as individuals, not as a team, and separate trials would be held. Affiliated associations (which are the provincial bodies in the case of Whites) would have to meet half the expenses of any of their members who were selected.

(21) Page 277. (22) Rand Daily Mail, 19 February and 19 July. (23) Page 278. (24) Star, 6 June, 8 August, and 7 November 1962. RELATIONS: 1962 221 Not all of the Non-White associations have become affiliated to the S.A. Amateur Boxing Association: there are rival groups wNhich support the policy of the S.A. Sports Association. In its list of the ranking of boxers for 1961, the American magazine, The Ring, placed the South African featherweight Enoch Nhlapo fifteenth in the world. He was the only South African to be included in the list( 25).

Golf

In December 1961 the Umbogintwini Golf Club granted per mission for the Natal Open Non-White tournament to be played on its course. After some of the golfers had already arrived the Minister of Community Development ruled that the tournament could not be held on this course, since it was in a White area. He reversed this decision, however, after receiving representations from a Natal Member of Parliament. But he would not allow the well known Indian golfer, Sewsunker "Papwa" Sewgolum, to play in the Natal Open golf championships held in February( 26). Later, in April, the Northern Transvaal Golf Sub-Union, acting on behalf of the Irene Country Club, requested Ministerial permis sion for Non-White championships to be played on the Irene course. The Minister of Bantu Administration and Development refused to allow Africans to compete there. It would be insulting, he said, to let them use the course but to deny them use of the club-house facilities. In terms of a proclamation issued under the Group Areas Act( 27) they could not be admitted to the club-house as guests. The proposed tournament would be the thin end of a wedge opening the road to mixed sports meetings. Furthermore, the Minister said, allowing such a tournament would mean shirking the responsibility for providing sporting facilities for the Bantu. If the Northern Transvaal Golf Sub Union and other bodies were anxious to help, they could donate money with which a course for Bantu could be built at a suitable place, where tournaments could be held in a spirit of "dignity instead of inferiority"(2 8). The Minister of Community Development added that when the application was received he instituted an enquiry, at which it was intimated that if Africans were excluded the Coloured, Indian and Chinese players would not continue with arrangements for the championships. As his colleague had refused a permit for the

(25) Rand Daily Mail report, 28 December 1961. (26) Star, 23 and 26 December 1961, and Rand Daily Mail, 2 February 1962. (27) No. 255/1960, referred to earlier. (28) Press statement, 17 April, and Assembly, 24 April, Hansard 13 cols. 4279-80. 222 A SURVEY OF RACE Bantu, it was, therefore, impracticable for him to grant one for the others(29). A few days earlier, in a Press statement(3 "), the Minister of Community Development said that he was anxious to encourage Non-Whites to play golf; but separate facilities must be made avail able for them, these facilities complying with the demands of cham pionship standards. His department was negotiating to that end with provincial golf unions. The Government had contributed a sum of R3,000 towards the costs of a course for Coloured people at Athlone. Until such time as proper facilities were available for Coloured people and Indians, the Minister continued, he would continue to consider applications for them to use courses belonging to White clubs. Permits might be granted if, after proper investigation, he was satisfied that the arrangements would not have undesirable consequences and that suitable accommodation was available for the Non-White players. According to the Rand Daily Mail of 25 April, the Cape Town City Council has voted R29,000 towards the costs of the Athlone course, and the public have donated R4,000. Large amounts will be needed in addition to these, for a full course costs about R90,000 to build (excluding the machinery and the club-house) and some R5,000 a year to maintain. Both the Minister of Community Development and the Minister of Bantu Administration and Development gave permission for the Eastern Province Non-White Open championship to be played on the Walmer course, Port Elizabeth. At the time of writing, negotiations were in progress for the use of the Kloof Country Club, Durban, for the Natal Non-White Open championship; and for the South African championships to be held on a course in Port Elizabeth.

Tennis The non-racial Southern African Lawn Tennis Union has applied to the International Lawn Tennis Federation for recognition. This could be granted only if the (White) S.A. Lawn Tennis Union were excluded from membership.

Swimming According to the S.A. Sports Association(31), following pro tests it had made to the United States Amateur Athletic Union, a

(29) Assembly, Hansard 13 cols. 4280-1. (30) Star, 17 April. (31) Press statement issued on 24 August. RELATIONS: 1962 223 proposed tour of South Africa by an American universities' swim ming team was cancelled on the ground that this tour would have been conducted on a basis of racialism. The Johannesburg City Council decided in January to allow Japanese and Chinese people to use its municipal swimming baths. Teams of Japanese swimmers and gymnasts toured South Africa in February. Although they had been welcomed in other centres, the Pretoria City Council's management committee decided not to allow the swimmers to use the Hillcrest baths, which are of international standard, because the Japanese people had not been declared "White" by the South African Government. The President of the S.A. Amateur Swimming Association is reported( 32) to have said that this decision would prejudice the par ticipation of South African swimmers in the 1964 Olympic Games in Tokyo. He sent apologies to the Japanese Consul-General in South Africa and to the swimming authorities in Japan; and he stated that if Pretoria's decision were not rescinded, visits to that city would in future be excluded from the itineraries of overseas swimming teams. Next day the management committee reversed its ruling. As stated in an earlier chapter, several Japanese businessmen have visited South Africa to negotiate trade agreements. After the Pretoria incident there was a series of questions in Parliament about the status of people of this race. The Government decided that they were to be "Other Asiatics" for the purposes of the Population Registration Act, but would be treated as Whites for the purposes of the Group Areas Act. The Pretoria management committee then decided that the Japanese gymnasts could give a demonstration in a municipal hall. Use of municipal facilities would be authorized in cases where the sporting fixtures and contestants were recognized by the Govern ment(33).

Softball

A national softball tournament was held in Pretoria in February. The Border women's team included six Chinese members. Because the Pretoria management committee would not allow these players to use municipal grounds, the Border Softball Association withdrew its teams.

(32) Rand Daily Mail, 2 February. (33) Star, 2 February. 224 A SURVEY OF RACE Hockey

During 1962 a Chinese women's hockey team in Port Elizabeth applied for membership of the Women's Hockey League. The League's secretary asked for the Government's views; and as a result the application was refused.

Motor racing

The Metropolitan Motorcycle and Car Club in Cape Town arranged races to be held at the Killarney track, in March, and proposed including an event for Coloured drivers. The opinion of the Group Areas Board was sought. A reply was received from the Minister of the Interior who said that the Government could not give its blessing and would prefer the event to be removed from the programme. This caused considerable public concern, especially as Coloured drivers had spent weeks preparing for the race. The Club decided to carry on with its original plan and to allow the Coloured partici pants use of the circuit for a preliminary practice. Officials pointed out that the Non-White community was at present unable to provide the organizational machinery necessary for separate race meet ings( 34).

HOLIDAY RESORTS AND FACILITIES

The Digest of South African Affairs for 25 June 1962 reported that an inter-departmental committee had recommended the pro vision of seaside amenities for Coloured, Indians, and Africans at Strandfontein on the coast of False Bay, to the east of Muizen berg. The African area would be fairly near to the African town ship of Nyanga. A ten-year development programme, to cost R1,200,000, was suggested. Sanitary and camping facilities, and children's playgrounds, had already been provided at Strandfontein for Coloured people. This beach area is a considerable distance from the city of Cape Town and from all of the Non-White residential areas except Nyanga. The Government has recently altered decisions by the Cape Town City Council and the Administrator of the Cape, respectively, to develop beaches for Coloured people at Granger Bay, Cape Town, and at Hartenbos, near Mossel Bay. In the latter case a White organization which owned adjoining land had lodged objections

(34) Rand Daily Mail, 27 and 30 March 1962. RELATIONS: 1962 225 with the Minister. A less conveniently situated beach than Harten bos is to be allocated to Coloured people. Woodstock beach in Cape Town will be set aside for Coloured bathers: this is not as attractive as Granger Bay. During the year under review the Institute of Race Relations published Holiday and Travel Facilitiesfor Non-Whites in South Africa, by Carl Keyter. This gives information about available hotels, hostels, beaches, sports fields, parks, camping sites, swim ming baths, cinemas, social centres, organized tours in various centres; and travel facilities.

EXTERNAL AFFAIRS

MOVEMENT TO AND FROM THE HIGH COMMISSION TERRITORIES

On 18 May the Minister of Foreign Affairs stated(1 ) that it was the Government's intention to take the necessary measures for controlling or regulating the movement of persons between the Republic and the High Commission Territories. It was announced in October(2) that tourists visiting Basuto land required passports. Strictly speaking, they should have visas too, but this was not yet being enforced. A special "pass" system might be introduced to regulate the movements of the thousands of Basotho who crossed the borders of their territory daily to shop in towns within the Republic. Tourists visiting Swaziland or Bechuanaland were advised to take passports or some other documents of identification.

POLITICAL REFUGEES FROM SOUTH AFRICA

Early in November a Coloured man and two Herero from South-West Africa, who are reported to have been offered scholar ships to study in America, left without travel documents and tried to reach Dar-es-Salaam by an overland route. They were arrested in Southern Rhodesia and sentenced to a fine of R20 or 2 months' for illegal entry. After serving half the prison sentence they paid RIO each, and were then sent back to South Africa by train under Rhodesian police escort.

(1) Assembly, Hansard 16 col. 5922. (2) Rand Daily Mail, 3 October. 226 A SURVEY OF RACE The train route passes through Bechuanaland. On their arrival at Gaberones in that territory the three men were released by the Bechuanaland police and were granted temporary residence permits. A spokesman for the British authorities stated that they had com mitted no offence in Bechuanaland and, therefore, were in illegal custody at the time of their release. Sir John Maud, the British Ambassador to South Africa and High Commissioner for the High Commission Territories, is reported to have said that he took full responsibility for the release of these men(3). A few days later 27 Coloured and African people from the Republic, who stated that they had been offered bursaries for study in other countries, tried to journey overland to Dar-es-Salaam. They, too, were arrested in Southern Rhodesia for having no travel documents. In this case they were summarily deported, escorted as far as the Bechuanaland border by Rhodesian police, and then left to continue the journey without escort. They alighted at Palapye in Bechuanaland, but the Bamangwato African Authority of this area denied them permission to remain. They then pro ceeded to Gaberones, where the British authorities granted them temporary residence permits and provided tents for sleeping accom modation. Twelve more African students from the Republic, who stated that they had been granted bursaries for study in America, joined the others on 14 November. Shortly afterwards Messrs. Gilbert Hani and Jacob Mpembe arrived. They had been banished from their homes in Cape Town to the St. Marks District of the Transkei, but escaped to Bechuana land. According to Press reports at least another ten Africans came from the Republic. They all assembled at Francistown, awaiting an aircraft which was sent from Tanganyika to fetch some of them. Further mention of African political exiles is made in an earlier chapter( 4).

SOUTH AFRICAN MEMBERSHIP OF INTERNATIONAL ORGANIZATIONS

In January 1962 the Senegal Government refused to grant visas to South African delegates to a meeting in Dakar of the International Telecommunications Union. On the following day it was announced that South Africa would not attend a forthcoming session of the Commission for Technical Co-operation in Africa South of the Sahara (C.C.T.A.), to be held at Abidjan in the Ivory

(3) Ibid, 8 November. (4) See page 21. RELATIONS: 1962 227 Coast, because certain African states had threatened to move, during the meetings, that the Republic be expelled from this body. About a month later the South African Government decided that it would not send delegates to a meeting at Addis Ababa of the United Nations' Economic Commission for Africa, on the ground that the inclusion on the agenda of an item dealing with racially discriminatory practices "would undoubtedly be seized upon to undertake protracted and hostile discussions of domestic political issues"(5). It was mentioned last year(6) that at its meeting in 1961 the International Labour Organization passed a resolution asking South Africa to withdraw from membership until such time as it abandoned the apartheid policy. (The constitution of the Organi zation does not provide for expulsion.) The presence at the 1962 meeting of a Coloured delegate from South Africa() probably caused some member countries to modify their view on this matter for the time being; but it is reported( 8) that Ghana again, without success, called upon South Africa to withdraw. South Africa terminated its membership of UNESCO in 1956 because the Government objected to certain publications issued by this body which dealt with the question of race. Hence the Re public was not invited to a UNESCO Pan-African meeting, held in Madagascar in September, to discuss higher education in Africa. A regional conference of the United Nations' Food and Agri cultural Organization was held in Tunis in November. When an official from South Africa rose to speak on the agricultural situation in the Republic the delegations from Ghana and Guinea left the conference hall. On their return a resolution was passed calling for the expulsion of South Africa. Eighteen states under African rule voted in favour of this resolution; Tunisia abstained; and Britain, France, Rhodesia and South Africa opposed it. The Director-General of the FAO pointed out, however, that a regional conference had no power to expel a member state: if the sponsors of the motion so wished they could raise the matter at the general conference in 1963. After a temporary withdrawal to consult with the Government in Pretoria the leader of South Africa's delegation announced that he and his colleagues were fully entitled to remain and intended doing so. Representatives from the eighteen states that had voted for the resolution walked out as the South African delegate rose to speak, and, on their return, stated that if the South Africans did not leave they would withdraw.

(5) Rand Daily Mail, 20 February. (6) Page 294. (7) See page 163. (8) Rand Daily Mail, 12 June. 228 A SURVEY OF RACE The chairman then decided to close the conference, five days before it was due to end. He is reported( 9) to have said that these events had proved that co-existence between delegations from South Africa and other African countries had become impossible. Next day the Department of Foreign Affairs in Pretoria stated that South Africa would not permit itself to be expelled from any organization in which it had the right to participate. Should it decide to resign from any international body it would do so of its own choice, for reasons which it considered to be in the interests of the country(' 0). In a paper given at the Council meeting of the Institute of Race Relations in January 1962(11) Mr. G. G. Lawrie talked of the distressing loss of opportunities. Although South Africa's technical and scientific achievements in many fields were outstanding, he said, the country was, for political reasons, unable to make the contribution to the advancement of other African territories which these achievements justified.

POLITICAL AND ECONOMIC BOYCOTTS

The Minister of Economic Affairs stated in the Assembly on 23 January(12) that boycotts of South African goods had been imposed by Soviet Russia, Communist China, India, Malaya (excluding Singapore), Antigua, Barbados, Jamaica, British Guiana, Surinam, Ethiopia, Ghana, Liberia, Nigeria, Sierra Leone, and the Sudan. Since January Tanganyika and the Somali Republic have de cided to do so too. Like certain others of these countries, the Somali Republic has barred South African ships and aircraft from its territory and has stated that no South African citizens except political refugees may enter. On the other hand, it is reported t13) that Egypt rescinded an earlier decision to ban the entry of South African goods and their trans-shipment at Egyptian ports. It would appear that the boycotts have not been strictly en forced in all cases, and that most of the South African exporters who have so far been affected have found alternative markets for their goods. In other circumstances, however, South Africa might have looked to a large increase of trade with the developing African states to the north.

(9) Rand Daily Mail, 6 November. (10) Star, 6 November. (11) "The Republic of South Africa and the External World." RR 212/1961. (12) Hansard 1 col. 38. (13) Sunday Times, 21 January. RELATIONS: 1962 229 UNITED NATIONS' CONSIDERATION OF SOUTH AFRICA'S RACIAL POLICIES

It will be recalled( 14) that in April 1961 two motions were placed before the United Nations' Special Political Committee and, subsequently, the General Assembly. The first, introduced by African states, condemned the apartheid policy and called for diplo matic and economic sanctions against South Africa. The second, originally submitted by Afghanistan, Ceylon, India, Indonesia, and Malaya, sought to condemn South Africa for continuing with policies based on racial discrimination and to call upon member states to take what separate and collective measures they con sidered appropriate and in conformity with the Charter to bring about an abandonment by South Africa of these policies. The first motion was passed by the General Assembly by 42 votes to 34, with 21 abstentions, thus failing to gain the necessary two-thirds majority. The second resolution was passed by 95 votes to 1. South Africa and two other states did not participate in the voting. Two similar motions were debated in November 1961. This time the sponsors of the sanctions resolution added a clause request ing the Security Council to consider expelling South Africa from the United Nations. Various clauses were added to both motions by way of amendments, for example one by the U.S.S.R. calling on member states to refrain from supplying arms or military assistance to South Africa. Supporters of the sanctions motion tried to obtain a two-thirds majority for it by proposing that there should be no separate votes on individual clauses, the motion being considered in its entirety. This move was defeated by a narrow margin of five votes. This time the sanctions resolution obtained more support but still did not gain the required majority: the voting was 48 to 31, with 22 abstentions. The second motion was passed by 97 votes to 2 (South Africa and Portugal), with 1 abstention. Amending clauses did not gain adequate support, and fell away. In September 1962 South Africa's Minister of Foreign Affairs announced 15) that his delegation would not attend the debate on his country's policies by the Special Political Committee but would be present for subsequent discussions in the General Assembly. Again the African states called for sanctions and for South Africa's expulsion, while other countries sought support for a motion similar to that adopted the previous year: that member states should take such separate and collective action as was open to them to induce South Africa to abandon its racial policies. (14) See 1961 Survey, page 285 et seq. (15) e.g. Star, 25 September. 230 A SURVEY OF RACE In the Special Political Committee, and, subsequently the General Assembly, there was a move led by Latin America to thwart the plan of the African states to have the sanctions motion considered as a whole. A motion by Colombia that there should be separate voting on individual clauses was rejected by 52 votes to 49, with 5 abstentions, in the Assembly (4 delegations were absent). The Assembly adopted the sanctions motion by 67 votes to 16, with 23 abstentions. This motion deplored "the failure of the Government of the Republic of South Africa to comply with the repeated requests and demands of the General Assembly and of the Security Council and its flouting of world public opinion by refusing to abandon its racial policies". It strongly deprecated the "continued and total disregard" by South Africa of its Charter obligations and its "determined aggra vation of racial issues by enforcing measures of increasing ruthless ness involving violence and bloodshed". The Assembly affirmed that the continuance of these policies seriously endangered inter national peace and security. The resolution recommended that member states should: (a) break off diplomatic relations with South Africa, or refrain from establishing such relations; (b) close the ports of each state to all vessels flying the South African flag; (c) enact legislation prohibiting the ships of each state from entering South African ports; (d) boycott all South African goods and refrain from exporting goods, including all arms and ammunition, to South Africa; (e) refuse landing and passage facilities to all aircraft belonging to the South African Government and companies registered under laws of the country. The Security Council was asked to consider the expulsion of South Africa from the United Nations. The resolution also called for the establishment of a special committee, to be nominated by the President of the Assembly, to keep South African racial policies under review when the Assembly is not in session and to report to the Assembly, the Security Council, or both, as might be appropriate from time to time. Those who voted against this resolution were: Australia, Belgium, Britain, Canada, France, Greece, Ireland, Japan, Luxem bourg, the Netherlands, New Zealand, Portugal, South Africa, Spain, Turkey, and the United States. RELATIONS: 1962 231 Abstentions were cast by Argentina, Austria, Bolivia, Brazil, Chile, Colombia, Costa Rica, Denmark, Dominican Republic, El Salvador, Finland, Guatemala, Honduras, Iceland, Italy, Nica ragua, Norway, Panama, Peru, Sweden, Thailand, Uruguay, and Venezuela. Absent were the Central African Republic, Ecuador, Gabon, and Paraguay. Speakers from Britain and other countries that opposed the motion made it clear that they disapproved of South Africa's racial policies but did not agree with the imposition of sanctions. The resolution is not mandatory on member states.

SOUTH-WEST AFRICA

Development plans

It was reported in February(' 6) that, provided final details could be settled satisfactorily with the Portuguese authorities, a R2,400,000 scheme would be undertaken to bring water from the Cunene River, on the Angola border, to the arid Ovamboland Reserve, which is occupied by about 240,000 Africans. Eventually there would be 170 miles of waterways, pumping stations, and a hydro-electric plant: canals 60 miles long had already been dug. The Government planned to set up a full system of Bantu Authorities in this Reserve. Seven tribal authorities were already functioning. Links might be established with the Africans of the Kaokoveld, to the west, and of Okavangoland, in the east. On 7 September the Prime Minister announced("7 ) that he had appointed a commission of experts to draft a five-year plan for promoting the material and moral welfare and the social progress of the people of South-West Africa, and more particularly the Non-Whites. The background, traditions, and habits of the Africans would be taken into consideration. This commission would submit recommendations on agri cultural, mining, and industrial development; on health services and education; on the participation by Africans in the conduct of their own affairs; and on any other matter considered to be of importance. It would report from time to time on tasks that it would like to see undertaken immediately. The chairman of this commission is Mr. F. H. Odendaal, the Administrator of the Transvaal, and its members are Dr. H. J.

(16) Rand Daily Mail, 2 February. (17) Ibid, 8 September. 232 A SURVEY OF RACE van Eck, chairman of the Industrial Development Corporation; Professor H. W. Snyman of the Faculty of Medicine of the Uni versity of Pretoria; Professor J. P. Bruwer of the University of Stellenbosch for his knowledge of African education and ethnology; and Dr. P. J. Quin, an expert on agriculture and nutrition. Mr. H. J. Allan, a former Chief Bantu Affairs Commissioner of South West Africa, is to give special assistance to the Commission.

Proceedings at the International Court of Justice

As stated in last year's Survey(18), in November 1960, in their capacities as former members of the League of Nations, Ethiopia and Liberia instituted an action against South Africa in the Inter national Court of Justice. They accused South Africa, inter alia, of failing to promote to the utmost the material and moral well being and social progress of the inhabitants of South-West Africa, thus violating the terms of the mandate. In administering the territory, they stated, South Africa had practised apartheid, and had applied legislation and administrative decrees which were arbitrary, unreasonable, unjust, and detrimental to human dignity, and which suppressed rights and liberties of inhabitants which were essential to their orderly evolution towards self-government. The Court was asked to rule that the mandate is a treaty in force; that South Africa remains subject to the international obli gations set forth in the Covenant of the League of Nations; that the United Nations' General Assembly is legally qualified to exer cise the supervisory functions previously exercised by the League; and that South Africa is under an obligation to submit to the super vision and control of the General Assembly regarding the mandate, to submit annual reports, and to transmit petitions. A preliminary hearing was commenced in October 1962 to consider a contention by South Africa that the Court has no com petence to decide on these matters. The four prime objections raised by South Africa are as follows: (a) Because of the dissolution of the League of Nations, the man date is no longer a treaty or convention in force. (b) Neither Ethiopia nor Liberia is any longer "another member of the League", as the mandate required if they are to have any legal standing. (c) There is no dispute, in the sense contemplated in the mandate. (d) There is, in any event, no dispute which cannot be settled by negotiation, within the terms of the mandate.

(18) Page 288. RELATIONS: 1962 233 Appointment of new United Nations' Committee on South-West Africa

It was reported in last year's Survey(19) that in July 1961 South Africa refused access to South-West Africa to the United Nations' Committee appointed by the General Assembly. This committee had been instructed to make investigations and to report back with recommendations for granting the territory a wide measure of self-government, leading as soon as possible to complete inde pendence. In November, however, South Africa's Minister of Foreign Affairs told the Trusteeship Committee that his Govern ment intended inviting three people of international standing, probably past presidents of the General Assembly, to visit South West Africa in their personal capacities. Their impressions and opinions of conditions in the territory would be published in full by the South African Government. The General Assembly decided in December 1961, by 90 votes to 1, with 4 abstentions, that a seven-nation committee, appointed by the President of the Assembly, should visit South-West Africa before 1 May 1962 to investigate conditions and to prepare for general elections to be based on full adult suffrage and held under United Nations' supervision. This committee would be charged, in consultation with South Africa, with achieving the repeal of all apartheid legislation, the release of political prisoners, and the evacuation of all South African troops. It was stated in the resolution that an increasingly explosive situation was being created which, if allowed to continue, would endanger international peace and security. The President of the Assembly nominated Brazil, Burma, Mexico, Norway, the Philippines, Somalia, and Togo to serve on the committee. Appointed representatives of these countries met in April and elected Mr. Victorio D. Carpio of the Philippines as chairman and Dr. Salvador Martinez de Alva of Mexico as vice chairman. Members of the committee then applied for visas to visit South-West Africa.

Visit of Mr. Carpio and Dr. de Alva

Later in April Dr. Verwoerd announced that, without in any way compromising South Africa's contention that the matter was sub judice, he would be prepared to enter into an informal review of the question at issue between South Africa and the United Nations. He would invite the chairman and vice-chairman of the United Nations' committee to visit South Africa as guests of the Government. If, as a result of discussions, it appeared to be

(19) Pages 289-292. 234 A SURVEY OF RACE desirable for these men to visit South-West Africa to acquaint themselves with the territory and its peoples, a visit would be arranged. Mr. Carpio and Dr. de Alva welcomed this invitation as a first practical step towards finding a way out of the impasse. They arrived in Pretoria early in May and held long discussions with Dr. Verwoerd, Mr. Eric Louw (South Africa's Minister of Foreign Affairs), Mr. Brand Fourie (the Republic's Ambassador to the United Nations), and other senior officials. On 7 May Dr. Ver woerd placed an official aircraft at their disposal to enable them to visit South-West Africa "to see whatever they wished and to ) . meet whomever they pleased" (20 After a ten-day tour of this territory the United Nations' representatives paid a brief visit to the Transkei, returning to Pre toria for further discussions with Dr. Verwoerd and others. There after, on 27 May, a joint communique was issued. Because of illness Mr. Carpio did not attend the final stages of the talks; but, according to numerous reports( 21), he was kept fully informed and he approved the draft communique. It was stated, in this document, that Mr. Carpio expressed to Dr. Verwoerd and Mr. Louw the appreciation of the visitors for all the arrangements made and for the free and uninhibited oppor tunities given to them to meet with all sections of the population of South-West Africa desiring to contact them. On the question of further visits, particularly by all the members of the special committee, Dr. Verwoerd said that before the matter was considered it would be best to await the report by Mr. Carpio and Dr. de Alva, and its reception by the General Assembly. He added that, as was indicated in the invitation extended to Mr. Carpio and Dr. de Alva, South Africa could not be expected to receive a committee that had instructions to act in a way that would compromise the juridical position of the Republic. Mr. Carpio and Dr. de Alva "stated that in the places visited they had found no evidence and heard no allegations that there was a threat to international peace and security within South-West Africa; that there were signs of militarisation in the territory; or that the indigenous population was being exterminated". No case of detention of political prisoners had been brought to their atten tion during their visit. "They had, however, received allegations that a few persons had been repatriated to Ovamboland or else where because of political activities." Dr. Verwoerd agreed with suggestions by the visitors "that changing conditions required a more rapid advance in economic

(20) Prime Minister's statement as reported in the Rand Daily Mail, 8 May. (21) e.g. Sunday Times, 27 May. RELATIONS: 1962 235 and social development of the Non-European population". He described the Government's five-year development plan. "As regards the problem of insufficient land for the increasing Non European population in the southern portion of South-West Africa, the Prime Minister outlined the methods by means of which addi tional land could be made available" . . "In reply to an inquiry whether South-West African political exiles would be allowed to return to the territory, the Prime Minister stated that no person had been exiled by the Government. In habitants of South-West Africa who left the territory would be at liberty to return. If, however, any of them should have contra vened the law, the appropriate judicial authorities would have to consider, on their return, the relevant circumstances in each case." The remainder of the joint communiqu6 dealt with possible assistance from overseas experts with development plans and possible financial assistance from international agencies. It concluded, "Other matters were raised and, after discussion, were noted for further consideration".

Subsequent statements by Mr. Carpio and Dr. de Alva

Immediate reactions in South Africa, as summed up in the Star of the following day, were that the statement had been carefully drafted to avoid any suggestion of a difference of opinion on matters of principle, such as the political future of the Non-Whites of the territory. The report of Mr. Carpio and Dr. de Alva to the General Assembly might well contain conclusions going far beyond the terms of this statement, it was said. But Dr. Verwoerd's action in extend ing the invitation was welcomed as a possible first step towards breaking the deadlock that had been reached with the United Nations. Mr. Carpio spent a few days as a patient in a Pretoria hospital, then left to take up a new post as Ambassador for the Philippines to Egypt. Shortly after his arrival in Cairo he denied that he had approved of the joint communique; said that his visit to South West Africa had been too short for definite conclusions to be drawn; and rejected reports that he had said the situation in the territory was not a threat to world peace(12 ). Later that month the Philip pines Foreign Office instructed Mr. Carpio to resign as chairman of the United Nations Committee on South-West Africa. Mr. Jacinto Borja was appointed in his stead to represent the Philippines on this body.

(22) Star, 8 June. 236 A SURVEY OF RACE A report to the committee by Mr. Carpio and Dr. de Alva was made public on 28 July. Briefly, they stated: (a) Because of the vigorous application of the apartheid policy in all aspects of life, the Africans of South-West Africa were racially segregated, discriminated against, and deprived of all basic human rights and fundamental freedoms. (b) The South African Government had evinced no plans to change its policies in this regard. (c) African people of the territory would like the United Nations to take over the administration and to make preparations for the granting of freedom to the indigenous population as soon as possible. (d) Short of the use of force or other compulsive measures within the purview of the Charter, there seemed to be no way of implementing the resolutions of the General Assembly. (e) If within a short space of time the South African Government did not comply with these resolutions, consideration should be given to the revocation of the mandate, if need be by im posing sanctions to induce South Africa to agree to this.

Decisions by the United Nations

In August the Special Committee, by four votes to three, de clared the joint communiqu6 issued in Pretoria to be of "no binding effect" on the United Nations. Although reservations were ex pressed by the representatives of Norway and Brazil, the com mittee approved the recommendations for the revocation of the mandate, if necessary by the application of sanctions against South Africa. These recommendations were subsequently endorsed by the United Nations' 17-member Committee on Colonialism, in spite of objections by Britain and Italy to the sanctions clause. The matter then passed to the Trusteeship Committee. The African and Asian delegations tabled a draft resolution which excluded reference to sanctions: in any case, the General Assembly, after debating South Africa's racial policies, had recommended about a week earlier that member states should apply diplomatic and economic sanctions against South Africa. In a slightly amended form the Afro-Asian resolution was passed by the Trusteeship Committee by 96 votes to nil. Portugal abstained, South Africa did not take part, and 12 countries were absent. RELATIONS: 1962 237 The resolution reaffirmed the "inalienable right of the people of South-West Africa to independence and national sovereignty", and condemned South Africa for its continued refusal to heed United Nations' resolutions. The situation in the territory was deemed "a serious threat to international peace". The General Assembly was asked to request the Acting Secre tary-General "to take all necessary steps in order to establish an effective United Nations presence in South-West Africa as a first step to prepare the territory for independence." The resolution asked the General Assembly to urge South Africa to refrain from the forcible removal of the indigenous people from their homes and from using the territory as a base for armed forces. It was resolved that the Special Committee on South-West Africa should be terminated and that supervision of the affairs of the territory should be transferred to the Special Committee on Colonialism which would be asked to report to the Assembly on how the terms of the resolution would be carried out. The United States moved that, instead of saying that the situation in the territory was a threat to international peace, the resolution should state that the situation might lead to such a threat. This was defeated by 57 votes to 24, with 14 abstentions. Those who voted for the resolution which was adopted in cluded Britain, the United States, the U.S.S.R., Holland, France, Norway, Belgium, Sweden, Canada, Australia, New Zealand, Israel, Greece, and Italy. At the time of writing, this resolution had not been considered by the General Assembly. A SURVEY OF RACE

ADDENDUM

PAARL RIOTS

According to various Press reports, at least 325 Africans are to be tried on allegations of murder arising from the rioting in Paarl, described on page 16. When three of them appeared in the Supreme Court, Cape Town, on 3 December counsel for the prosecution asked that the case be postponed pending further investigation of the activities of Poqo('). At the time of writing the Commission of Enquiry had com menced its sittings.

GENERAL LAW AMENDMENT ACT: FURTHER STATEMENTS BY THE INSTITUTE OF RACE RELATIONS

In a statement issued to the Press during November the Hon. 0. D. Schreiner, President of the Institute of Race Relations, expressed his conviction that the system of house arrest is an infringement of the Rule of Law. His statement read: "The world is striving to establish the Rule of Law everywhere. It is important to understand what is meant by it. "It does not mean that laws should not be harsh or unfair. Some harsh and unfair laws infringe the Rule of Law; others, also undesirable, do not. "The Rule of Law means that law should rule; in other words, that the life, liberty, property, freedom of speech and movement of the individual should not be endangered or restricted by State action save in accordance with a general precept applicable to all persons in circumstances set out in the law, the applicability of the general precept to a particular person being decided by a court of law. "A law can itself infringe the Rule of Law. That is because whatever will be enforced by the courts is law in form, even though it provides no general precept. So a statute providing that the persons whose names appear in a schedule are to be executed, imprisoned, or restricted in their speech or movement or be deprived of their property would be a law in form and would have to be enforced by the courts; but it would not be a general precept providing that anyone who did certain acts would be

(1) See page 3. RELATIONS: 1962 239 liable to suffer certain consequences. Such a statute would be effective law but would infringe the Rule of Law. "Similarly, if a law provided that a Minister of State or an official could by an order direct the execution, imprisonment or restriction of movement of persons selected by him, this law and action under it would infringe the Rule of Law. The infringement would be more flagrant if there were no appeal or other form of control. "Infringements of the Rule of Law can be excused in cases of emergency, where the safety of the State or the maintenance of peace and good order require immediate action. The temporary nature of the emergency is crucial. "An order covering a period of years cannot be justified on grounds of emergency. It must be possible within a much shorter period to embody general precepts in a statute and so secure the punishment through the courts of law of persons contravening those precepts. "House arrest, in which the person in question is, without conviction by a court of law, required for many years to confine himself to his own home is a clear infringement of the Rule of Law. Where the restriction is for 24 hours in the day the person is confined as if in a gaol without being provided with food, services, and protection". In a further statement, which, he said, represented the attitude of the Institute, the Hon. 0. D. Schreiner condemned acts of sabotage and those who engaged in them. "Violence is no way to resolve issues and sabotage subverts the normal processes by which changes are brought about in a civilized society", he said.

FURTHER INSTANCES OF SABOTAGE (See page 53). It is reported that towards the end of November saboteurs damaged a pylon near Benoni, bringing down power lines, and blew up a kiosk linking signal boxes on the main railway line near Johannesburg. On 4 December telephone and telegraph wires linking Port Elizabeth with other main centres were cut, and a telephone booth in Cape Town was wrecked by an explosion.

HOUSE ARRESTS (Sequel to report ending on page 52). On 1 December Mr. P. Duma Nokwe was served with an order confining him to 12-hour house arrest and prohibiting him 240 A SURVEY OF RACE from leaving Johannesburg and from entering any area set aside for Coloured or Asians. He had previously been prohibited from attending gatherings. Ten days later Mr. N. I. Honono of Umtata was placed under 12-hour house arrest, forbidden to attend gatherings, and ordered to report to the police daily. Messrs. Harmel and Hodgson were informed that they might leave their homes for three hours daily for the express purpose of seeking bona fide employment, but that during these hours they must report to the police. Mrs. Sonia Bunting of Cape Town applied to the Supreme Court for an order setting aside the notice in terms of which she was under house arrest. She said in an affidavit that the prohibi tions imposed on her were such that for the next five years she would be harshly, ruthlessly and cruelly punished without know ledge of the charges preferred against her, without trial, and with out being given the opportunity of making any representation, regardless of never having been convicted of any offence. This application was dismissed with costs. The Judge Presi dent is reported to have said that the affidavit and notice of motion amounted in the first place to a submission that no reason able man would have couched the notice of house arrest in the terms used. "I am in no position to test this submission", the Judge President continued ... "I don't know the exigencies that require the restrictions in the notice. Even if I knew everything the Minister does - and I certainly do not - the discretion as to whether to apply the power vested in him is not entrusted to me as a court of law. "I can interfere with the Minister's decision in only two ways: if the Minister has misconstrued the power under which he is acting; or if it is demonstrated that he has used his powers in a male fide manner. But the onus of showing that the Minister has not used his discretion properly is on the person who makes such an allegation. The Minister must be presumed to have acted in a proper manner until the contrary is shown. There is nothing on the papers before me which goes towards showing that the Minister has gone outside the wide powers given to him or that he has exercised his discretion in a male fide manner".

FURTHER BANS ON PERSONS (See report ending on page 24). Mrs. Violet Weinberg of Johannesburg, who is Vice-President of the Federation of S.A. Women, has been served with an order prohibiting her for five years from leaving Johannesburg; from RELATIONS: 1962 241 entering any Coloured, or African area or any factory premises; from communicating in any way with any listed or banned person other than her husband, and from attending gatherings. The Rev. D. C. Thompson of Springs, chairman of the S.A. Society for Peace and Friendship with the Soviet Union and president of the S.A. Peace Council, has been forbidden for five years to attend gatherings, including those of a social nature. A result of these orders is that statements or writings by the two people concerned may not be published unless with the consent of the Minister of Justice or for the purposes of proceed ings in any court of law. By mid-December 1962 there were 108 persons affected by this provision of the General Law Amendment Act. (See page 46).

BANNING OF "NEW AGE"

In terms of Proclamation 309 of 30 November the printing, publication, or dissemination of the weekly newspaper New Age was prohibited. It became an offence to possess past copies of the paper. The S.A. Society of Journalists, the Liberal Party, and the S.A. Congress of Trade Unions issued statements of protests, pointing out that New Age had never been prosecuted for con travening any law. The president of the S.A. Society of Journalists said that, while his society did not identify itself with the views or policies of this or any other particular newspaper, it upheld the right of papers to state their views within the provisions of the law as interpreted by the courts. As described on page 38, the Minister of Justice sought, through the General Law Amendment Act, to prevent banned papers from reappearing under new names. The Act provided that, unless the Ministers of the Interior and Justice otherwise direct, the registration of a newspaper will lapse if it is not pub lished at least once a month; and further, that no new newspaper may be registered unless the proprietor deposits with the Minister of the Interior such amount, not exceeding R20,000, as the Minister may determine, or unless the Minister certifies that he has no reason to believe that it will at any time be necessary for him to prohibit the paper. The editor and a leading member of the staff of New Age had registered another paper called Spark before these new provisions of the law came into effect, thus did not need to deposit a sum determined by the Minister of the Interior. Spark was subsequently published sufficiently often to comply with the law. After the 242 A SURVEY OF RACE banning of New Age it was announced that the new paper would appear weekly.

FURTHER PROSECUTION OF NEWSPAPERMEN

When the case mentioned on page 63 was heard Mr. Hjul was found guilty of publishing an article in Contact that, in terms of the emergency regulations for the Transkei, was intended or likely to subvert or interfere with the authority of the State or its officers. He was fined R200. Leave to appeal was granted. The owner and the editor of the magazine Drum, a journalist on the staff, and a member of the Bantu News Agency appeared in court on a similar charge. The magistrate is reported to have said that, according to uncontradicted evidence, the article on which the charge was based contained some exaggerations, inaccuracies and untruths. But as it had not been shown that the accused were responsible for the distribution of the magazine in the Transkei they would be acquitted.

GROUP AREAS ON THE EAST RAND

It is stated on page 144 that a regional township for the Coloured people of towns on the East Rand is to be established in Boksburg. Proclamation 305 of 30 November created a group area in Benoni for the Indians of the East Rand, and declared Alberton to be an area for White occupation and ownership. RELATIONS: 1962

SOME RECENT PUBLICATIONS ON ASPECTS OF RACE RELATIONS IN SOUTH AFRICA PUBLISHED BY THE INSTITUTE OF RACE RELATIONS (a) BOOKS AND PAMPHLETS Realism in Race Relations, by the Hon. 0. D. Schreiner (Presidential Address). A Survey of Race Relations, 1961, by Muriel Horrell. Industrial Feeding of African Workers, by Carl Keyter. The Meaning of Race, by Philip V. Tobias. 32nd Annual Report of the Institute, 1960-1961. (b) FACT PAPERS Holiday and Travel Facilitiesfor Non- Whites in South Africa, by Carl Keyter. Feeding Customs and Food Habits of Urban Africans, by Carl Keyter. Fact Paper No. 11. Classification of Institute Publications. (c) JOURNAL Vol. XXVIII No. 4. Concept of Federalism,by Dr. M. H. Silk. Government Policies towards Indigenous Groups, by Elizabeth E. Hoyt. Prejudice, by E. Brett and H. Hahn. World Council of Churches at New Delhi, collated by F. J. van Wyk. Vol. XXIX No. 1. The Principle of Maintaining the Reserves for the African, by Prof. Monica Wilson. Economic Development in the Reserves, by Prof. D. Hobart Houghton. Border Industries, by Harold Fridjhon. The Gezira Scheme, by M. 0. Beshir. A Review of Recent and Proposed Legislation, by Quintin Whyte. (No further issues of the Journalwere issued during 1962.) (d) OTHER PUBLICATIONS Race Relations News-12 issues. Thought (A Journal of Afrikaans Thought for the English-speaking People). Four quarterly issues. (Memoranda issued in Roneoed form are mentioned in the text of this Survey.)

PUBLISHED BY OTHERS (This list makes no pretension of being complete) Ayliff, John and Whiteside, Joseph: History of the Abambo, Generally Known as the Fingos (C. Struik) 1962. Benham, F.: Economic Aid to Under-Developed Countries (Oxford University Press) 1961. Blumberg, Myrna: White Madam (Victor Gollancz) 1961. Board, C.: The Border Region. Natural Environment and Land Use in the Eastern Cape (Oxford University Press) 1962. Cole, Monica M.: South Africa (Methuen and Co. Ltd.) 1961. 244 A SURVEY OF RACE Departments of Information and Coloured Affairs, South Africa: The Coloured People of South Africa (Dagbreek Press for Government Printer) 1962. Doke, Clement and Cole, D. T.: Contributions to the History of Bantu Lin guistics (Witwatersrand University Press) 1961. Hammond-Tooke, W. D.: Bhaca Society (Oxford University Press for Institute of Social and Economic Research, Rhodes University) 1962. Hartmann, Heinz: Enterprise and Politics in South Africa (Princeton University) 1962. Hodgkin, T.: African PoliticalParties (Penguin African Series) 1961. Horwood, 0. P. F.: Is Minimum Wage Legislation the Answer for South Africa? (S.A. Journal of Economics, June 1962). Hunter, Monica: Reaction to Conquest. Second edition with introduction reviewing recent developments (Oxford University Press for International African Institute) 1961. Legum, Colin: Pan-Africanism (Pall Mall Press) 1962. Luthuli, A. J.: Let My People Go (Collins) 1961. Macmillan, R. G., Hey, P. D. and Macquarrie, J. W. (Ed.): Education and Our Expanding Horizons (University of Natal Press) 1961. Malinowski, B.: The Dynamics of Culture Change: An Inquiry into Race Rela tions in Africa (Yale University Press) 1961. Mansergh, Nicholas: South Africa, 1906-1961 (Allen and Unwin) 1962. Marquard, Leo: The Peoples and Policies of South Africa (3rd, revised edition) 1962. Mphahlele, Ezekiel: The African Image (Faber and Faber) 1962. Munger, Edwin S.: African Field Reports, 1952-1961 (C. Struik) 1961. Ncame, L. E.: History of Apartheid (Pall Mall Press) 1962. Nyembezi, C. L. S.: A Review of Zulu Literature (University of Natal Press) 1961. Quin, P. J.: Food and Feeding Habits of the Pedi (Witwatersrand University Press) 1961. Southall, A. W. (Ed.): Social Change in Modern Africa (Oxford University Press for International African Institute) 1961. Steenkamp, W. F. J.: The Bantu Wage Problem (S.A. Journal of Economics, June 1962). Sundkler, B. G. M.: Bantu Prophets in South Africa. Second revised edition (Oxford University Press for International African Institute) 1961. Tatz, Colin M.: Shadow and Substance in South Africa. A study of land and franchise policies affecting Africans (University of Natal Press) 1962. University of Natal, Department of Economics: Studies of Indian Employment in Natal (Oxford University Press) 1962. Warner, H. W. (Compiler): A Digest of South African Native Civil Case Law (Juta) 1961. RELATIONS: 1962 245

INDEX

A

Absence from the Republic without travel documents-39 Advocates, admission of-170 African education-see Bantu marriage-i 16 National Congress-3, 21, 31, 34, 40 political organizations-3, 21, 34, 238 women, compensation for widows-l17 legal rights-116 reference books and work permits-65, 112 Africans, educational qualifications of-183 foreign-113, 225 housing-148 Native Law Amendment Act-88, 95, 103, 116, 118 numbers and distribution-64 urban, political rights-78, 84, 85, 109 proposed register of those with various skills-104 urbanized, in Johannesburg-Ill Also see Bantu Agricultural development in Reserves-98 Agriculture, employment in-163 soil conservation outside Reserves-164 treatment of workers-164 Alexandra Township-149 Anglican dhurch-6 Apartheid policy-76, 119, 169, 212, 213 Ar United Nations' consideration of-229 Art-211 Asians, liquor licences-133 Also see Chinese, Indian, Japanese Athletics-214, 215 Attitudes of Whites-i

B

Banishment of Africans-14, 17, 19 orders in force-19 Banning of ANC and PAC-3, 31 Communist Party-31, 34 Congress of Democrats--4, 48 gatherings-36, 40, 50 . "New Age"-241 organizations-31, 34, 39, 40, 48 persons, change of employment or residence to be notified 34, 39 gatherings, attendance at-23, 32, 36, 40, 46, 240 house arrest-35, 48 et seq., 239 membership of organizations-23, 33, 40 movement, restrictions on-23, 34, 35, 40, 240 246 A SURVEY OF RACE Banning of persons, names can be removed from list-34, 46, 53 publication of-35, 53 reporting to police-34, 39 9. statements, publication of-38, 46, 241 protest meetings against arrests or trials-50 publications-37, 39, 40, 62, 241 South African products-228, 230 Bantu Authorities-87, 93 Beer Act-130 Education, Catholic schools-181, 184 disturbances at schools-183 examinations results-181, 182 expenditure-176, 185 farm schools-182 financing of-176, 185 medium of instruction-179 night schools-177, 186 . . school boards-179 special classes-179 statistics-182, 183 teachers-181, 184 technical and vocational-186 university colleges-195, 197 Investment Corporation-101, 102, 106 Also see African Bar Council-29, 36, 41 Basket-makers of Korsten-- 115 Bavenda Territorial Authority-90 Beaches for Non-Whites in Cape Town-224 Benoni cost-of-living survey-160 group area for Indians-242 Birth certificates-66 Black Sash-42, 43, 49, 114 Black spots-88, 89, 90, 91. 92, 95 Blind pensions-209, 210 Boksburg group areas-144 Books-see publications Border industries-88, 105, 106f, 156 Boxing-220 Boycotts of South African goods-228, 230 Broadcast on Mrs. Joseph-49 Building industry, employment in-159, 167 job reservation-153 wages-159 Bursaries-199, 200

C

Cape Town, beaches for Non-Whites-224 group areas and housing-146 influx control-110 Langa, disturbances-14 Catholic schools-181, 184 Cato Manor-147 Census figures-64 Chinese, race classification-69 Christian Council of South Africa-44 Church of the Province of S.A.-6 RELATIONS: 1962 247 Churches, opposition to General Law Amendment Bill-43 theological seminary for Africans-198 Also see under names of individual churches Ciskei-88, 108 Civil Rights Defence Committee-43 ..9 League-43, 49 Clothing industry, job reservation-153, 154 Coloured Affairs Department-120, 127, 189, 211 Council-119 Development Corporation Act-126 education, control of-188 in provinces-190 university college-195, 199 governing bodies in urban areas-122 housing-137 et seq. liquor licences-133 mission stations and reserves-126, 127 organizations-2, 43 "parliament" proposed-119 people, Government policy-86, 119 regional township on East Rand-144 representation on municipal councils-123, 126 rural areas-126, 127 Transkei, future of Coloured-86 Commerce, employment in-157, 167, 173. Also see Traders in Reserves-102 Communist Party-31, 34 Communism, definition of by statute-31, 36 ,, penalties for furthering aims-39, 40 publication of names of listed persons-53 Community Development, Department of-135 et seq. Compensation for African widows-il17 . victims at Sharpeville and Langa-11 Congress movement-4, 43, 48 of Democrats--4, 48 Trade Unions-29, 161, 241 Youth Alliance-42 "Contact"-22, 63, 242 Cost of living-160 Cricket-220

D

Defence and Aid Fund-13 Department, strengthening of-56 Dentists, training of-197 Deportations-17, 19, 23 Detention without bail for 12 days-13, 36 Diplomatic representation-230 Disturbances- 1, 183 Doctors, African-171 Drivers of buses in Cape Town, job reservation-155 other job reservation determinations-153, 154, 155 Duncan, Mr. Patrick-22, 24, 46, 63 Durban, Cato Manor-147 group areas and housing-147, 150 rents in African townships-152 Umlazi squatters-150 Dutch Reformed Churches-4, 5, 6 248 A SURVEY OF RACE E Economic sanctions-228, 230 Education, Africans-see Bantu Coloured-see Coloured and Indian control of-174 National Education Advisory Council Act-174 universities-see universities Eiselen Line policy-il10 Electoral Laws Amendment Act-72 Emergency regulations, President's powers-31 Transkei-12, 81, 83, 242 Employment-153 et seq. Entertainments, proposed control of-62 Entry into certain African areas-16 Exiles from South Africa-17, 19, 21, 24, 225 External Affairs-225 F Farm labour-163 Farming in Reserves-98 Feeding schemes-205, 206 Films, proposed control--61 Foodstuffs, surpluses-204 Foreign Affairs-225 Africans-113, 225 Fort Hare-197, 198 G Ganyile, Mr. A.-17 Gatherings, banning of-36, 40, 50 definition of-33 persons banned from attending-23, 32, 36, 46, 241 protest meetings against arrests banned-50 General Law Amendment Act-26 protests against-40, 238 Further Amendment Act-55 Geyser, Prof. A. S.-4 Golf-221 Group areas-135 et seq. Amendment Act-122, 135 policy in regard to Indians-136, 139, 242 prosecution of sporting body under Act-137, 218, 219 H Hammarsdale-107, 108 Health Services-171, 205 High Commission Territories, arrest of politicians from-il15 ...... boundaries-94 Ganyile arrested in Basutoland-17 incorporation into Republic impracticable-94 influx control-115, 225 movement to and from-I5, 225 .. y ..4.. refugees from South Africa-17, 21, 24, 225 Hockey-224 Holiday resorts and facilities-225 House arrest-35, 48 et seq., 239 Housing-135 et seq. Human Rights Welfare Committee-20 RELATIONS: 1962 249

Identity cards-65 Immorality-73 ,, Amendment Bill-74 Indians, births, registration of-128 Department of Indian Affairs-2, 120 disabilities-121, 128 education, control of-122, 188 in provinces-190 et seq. university college-195, 199 employment-121, 172 governing bodies in urban areas-122 Government policy-120, 136 group areas-136, 139, 242 (and see under various towns) marriages-128, 129 permanent inhabitants of Republic-120 political organizations-2, 3 register of-129 town councillor-125 traders-121, 137, 139, 144, 146 travel difficulties-121, 129 Industrial development in Reserves-78, 101 9P ,, on borders of Reserves-88, 105, 106iff, 156 Industry, employment and wages in-156, 157, 158, 159, 166, 173 Influx control-65, 109, 112, 115, 273 reference books-65, 112 Institute of Race Relations: Council meeting-7 Human relations conference proposed-8 Projects, African school libraries-212 ,9 assistance to foreign Africans-114 Representations, legal status of African women-il16 Research, employment for Non-White juveniles-173 holiday facilities-225 Indian disabilities-128 industrial feeding-208 Statements, control of Coloured education-188 General Law Amendment Act-45, 238 proposed self-government in Reserves-79 Reserves-75 strengthening of Defence Department-57 International Commission of Jurists-18, 42 Court of Justice-232 Labour Organization-162, 163, 227 organizations, South Africa's membership-226 Irrigation schemes in Reserves-92, 99

Japanese, race classification-68 swimmers-223 Job reservation-153 Johannesburg City Hall, meetings on steps-37, 48 ,, group areas and housing-137, 149, 151 influx control-Ill rents in African townships-151 urbanized Africans-ill wages of municipal African employees-159, 160 Joseph, Mrs. Helen-47, 48, 53 250 A SURVEY OF RACE K Kaffir beer-130 Kathrada, Mr. A. D.-47, 51 Klerksdorp group areas-145 Knapp-Fisher, Rt. Rev. E. G.-6 Kupugani-208 L Land holdings in Reserves-98 Langa-11, 14 Lawyers, Africans in urban areas-170 ,, proposed Advocates Admission Board-170 Lazarus, Dr. A.-170 Legal status of African women-65, 112, 116, 117 Lenasia-141 Liberal Party-2, 43, 49, 62, 144, 241 "Liberation Committee"-21, 40, 56 Libraries for African schools-177, 212 Liquor-i30 Amendment Act-133 supply in African areas-134 Listed persons-publication of names-53 Also see Banning of persons Literature-see Publications Local government in African areas-8, 84, 109 ,, Coloured and Asian areas-122 Luthuli, Ex-Chief A. J.-46, 47, 197

M Mabieskraal-15 Malnutrition-201 Mandela, Mr. N.-3, 47, 49, 52 Manufacturing-see Industrial and Industry Marriage-66, 116, 128, 129 Matanzima, Chief K.-14, 80, 82 Matlala tribe-20 Medical services-171, 205 Meetings-see Gatherings Membership of organizations-blanket prohibitions-33 Also see Banning Methodist Church-6 Migratory labour-165, 173 Mining, employment in-l1l2, 165, 173 in Reserves-78, 101 Motor racing-224

N Natal, African areas-91 National Council of African Women-l18, 179 Women-43, 118, 179 Union of S.A. Students-43, 196, 197, 200 Union Party-1 Nationalist Party-i Native Law Amendment Act-88, 95, 103, 116, 118 "New Age"-38, 52, 241 RELATIONS: 1962 Newspapers-see Publications Night schools-177, 186 Nokwe trial-3 Nurses, African-171 Nutrition-201 Nyasas in the Republic-114 Nylstroom group areas-145

Old age pensions-209 Olympic Games-214 Orange Free State-African Reserves-89 Organizations, banning of-31, 34, 39, 40, 48 blanket prohibition on membership of-33 membership of-23, 33, 39

P Paarl-16, 147, 238 Pan-African Congress-3, 21, 31, 34 Pass laws-109, 112, 115, 225 Passports-22, 39, 225 Pensions and grants-209 Pharmacists- 171 Piet Retief group areas-145 Police, training of African-168 Political parties-1 Pongola irrigation scheme-92, 99 Population census reports-64 registration-65 Amendment Act-70 appeals against race classification- 65, 72 borderline cases-66, 72 Chinese-69 Japanese-68 Poqo-3, 238 Port Elizabeth, group areas and housing-146 trial of those accused of violence-13 Potgietersrus malnutrition relief-206, 207 Poto, Paramount Chief V.-80, 82 Presbyterian Church-6 Press-see Publications Pretoria, group areas and housing--144, 149, 152 "Pro Veritate"-5 Professional bodies, Government apartheid policy-169 Professions, employment in-93, 169 Progressive Party-i, 2. 30, 41, 43, 49, 74, 117, 125 Protectorates-see High Commission Territories Public Service, employment in-168 Publications and Entertainments Bill-59 banning of-37, 40, 62, 241 by Non-White authors-211 "Contact"-22, 63, 242 control of proposed by Government-59, 60 "New Age"-38, 52, 241 of Institute of Race Relations-243 of others on race relations-243 registration of newspapers-38 statements by banned persons-38, 40, 46, 241 S.A. Newspaper Press code-58 252 A SURVEY OF RACE R

Racial classification-see Population Registration Railway services for Non-Whites-69, 152 Railways, employment in-168, 173 Recreation-211 Reference books-65, 112, 113 Refugees from South Africa-17, 19, 21, 24, 225 Removal orders-14, 17, 19 Rentals in African housing schemes-150 Reservation of work-153 Reserves, African-75 agricultural development-98 .. area of-78, 94, 95 boundaries-77, 78 commercial development-102 development plan-96 entry into-16 findings of Institute of Race Relations-75, 79 funds for development-96 future self-government-77, 84 industrial development-78, 101 irrigation-92, 99 land holdings of Africans-79, 98 mining development-78, 101 rural villages-101, 104, 149, 150 Coloured-126, 127 Riots-11, 183 Rosslyn-107 Rugby-219 Rural villages-101, 104, 149, 150 Rustenburg area, unrest-15 S Sabata Dalinyebo, Paramount Chief-80, 81, 82, 83 Sabotage Act-26, 27 . protests against-40, 238 instances of-25, 40, 53, 239 Sabra-l 1 Sanctions against South Africa-228, 230 Schools-see Education Secondary industry-see Industrial, Industry Sekhukhuneland-17, 91 Sharpeville-1 1 Singh case-73 Sisulu, Mr. W.--46, 50, 51, 53 Slogans, painting of on walls-55 Soccer-216 Social science students, African-199 Social welfare-209 Softball-223 Song, racial classification-69 Sotho Territorial Authority-90, 94 S.A. Broadcasting Corporation-49 Bureau of Racial Affairs-11 Congress of Trade Unions-29, 161, 241 Institute of Race Relations-see Institute Sports Association-214, 215, 217, 221 United Front-21, 40, 56 RELATIONS: 1962 253 South-West Africa, development plans-231 .. International Court of Justice-232 United Nations-233 Spear of the Nation-25, 53 Sport-212 acquittal of players charged under Group Areas Act-218, 219 Government's views on inter-racial sport-212 Squatters-88, 92, 93, 150, 173 Surpluses of agricultural products-204 Suzman, Mrs Helen-20, 30, 34, 41, 74, 88, 125 Swartruggens group areas-145 Swimming-222 T Table tennis-22 Tanganyika-21 Tanganyikans in the Republic-il14 Taxation of Africans-77, 118, 161 Taxes paid by various groups-161 to be handed to Non-White controlling bodies-77, 120 Taxi drivers-168 Tennis-222 Textile industry-108, 156 Theatre-212 Trade Union Council of S.A.-28, 161, 162 Trade unions-161 position under General Law Amendment Act-28, 33 Traders-102, 121, 137, 139, 144, 146, 167 Transkei, African administrators-88 Bantu Authorities-83, 87 Constitution proposed-77, 84 development plans-96 disturbances-ll, 12. 14 emergency regulations-14, 81, 83, 242 removal of people by chiefs-14 self-government promised-77, 84 Territorial Authority meeting-81 towns, future of-79 Whites and Coloured, future of-79, 86 Transport facilities for Non-Whites-69, 152 Transvaal, African areas-90 Travel documents-10, 22, 39, 213, 214, 225 Tswana Territorial Authority-89 Trial of African leaders-3 Tsonga Territorial Authority-90 U Umlazi-150 Unemployment- 171 United Nations' consideration of apartheid-229 South-West Africa-233 Food and Agricultural Organization-227 United Party-i, 30, 40, 43, 49, 117, 125, 175 Universities, admission of Non-White students-196 enrolment-195 loss of staff-196 University Colleges for Africans-195, 197 Coloured-195, 199 Indians-195, 199 254 University of Cape Town-196, 197 , the Witwatersrand-196, 197 Urban Africans, political rights-78, 84, 85, 109 proposed register of those with certain skills-104 Bantu Councils-8, 109 population-64 Urbanized Africans in Johannesburg-111

V Vanderbijlpark group areas-143 Van Selms, Professor A.-4, 5 Vereeniging group areas-143 Verwoerd, Rt. Hon. Dr. H. F.-9, 57, 76, 80, 86, 94, 111, 119, 231, 233 Villages in Reserves-101, 104, 149, 150 Visas-10, 22, 213, 214, 225 Vital statistics-201 w Wage levels-158 et seq., 165 ..il border industries-108, 156 Wages of unskilled workers-156 Warmbaths-13 Welfare-209 Western Areas, Reserves-89 Western Cape, foreign Africans-i1l0, 114 ..9 proposal to remove Africans-Il10 White attitudes-i White spots in Reserves-77, 79 Witwatersrand Council of Education-176 Women, African, compensation for widows-il17 legal rights--65, 116 reference books and work permits--65, 112 Workmen's compensation-210 World Council of Churches-6

Z Zululand-91 THE NATURE AND AIMS OF THE S.A. INSTITUTE OF RACE RELATIONS The Institute furthers inter-racial peace, harmony and co-opera tion in South Africa by seeking the truth in all inter-group relations and situations, and by making it known, whether it be popular or unpopular with any Government, party or group. The Institute is not a political body, nor is it allied to or given financial help by any political party or Government. It is not tied to any "ism", is not pro-white or anti-white, or pro-black or anti black. Institute membership is open to all, irrespective of race, colour or creed. The Institute believes that problems can be solved by hard thinking, hard work, and goodwill, on the basis of fact found by dispassionate, objective, scientific enquiry. It is concerned not only with tensions between white and black, but between all groups: Afrikaans- and English-speaking, urban and rural, black and brown and white. It opposes injustice and unfair discrimination. It seeks to further the social, economic and political develop ment of all communities in South Africa.

INSTITUTE OFFICES HEAD OFFICE: Auden House, 68 de Korte Street, Braamfontein (P.O. Box 97), Johannesburg. CAPE TOWN: 203-205 Bree Street. DURBAN: 11-12 Colonization Chambers, 355 West Street (P.O. Box 803). PORT ELIZABETH: 210 Southern Life Building, Main Street (P.O. Box 1257).

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