R}~PORT OF THE COMMITTEE ON SOUTH WEST AFRICA TO THE GENERAL ASSEMBLY
GENERAL ASSEMBLY OFFICIAL RECORDS : THIRTEENTH SESSION SUPPLEMENT No. 12 (A/3906)
NEW YORK, 1958 UNITED NATIONS
REPORT OF THE COMMITTEE ON SOUTH WEST AFRICA TO THE GENERAL ASSEMBLY
GENERAL .ASSEMBLY OFFICIAL RECORDS : THIRTEENTH SESSION SUPPLEMENT No. 12 (A/3906)
New York, 1958 NOTE
Symbols of United Nations documents are composed of capital letters com bined with figures. Mention of such a symbol indicates a reference to a United Nations document. TABLE OF CONTENTS
Pari I
Page I. General . 1
Il. Negotiations with the Union of South Africa 1
Ill. T~e . que~tion of securing fro~. the ~nternational Court of Justice advisory opInIOns In regard to the administration of South West Africa ...... 2
IV. Examination of information and documentation concerning South West Africa 2
V. Examination of petitions and communications relating to South West Africa 2
A.Q uestiIOns re latiating to t he e rizhng t 0 f petition.. , . 2 B. Questions relating to hearings of petitioners . 3 C. Examination of petitions and communications . 4 1. Petitions and related communications concerning conditions in the Territory . 4 2. Other communications relating to South West Africa . 4
Part 11
REPORT OF THE COMMITTEE ON SOUTH WEST AFRICA ON THE QUESTION OF SECURING FROM THE INTERNATIONAL COURT OF JUSTICE ADVISORY OPINIONS IN REGARD TO THE ADMINISTRATION OF SOUTH WEST AFRICA
I. Scope of the study , ,...... 6
Il. General legal basis and relevant acts of administration 6
Ill. Consideration of principle , ,., "...... 8
Part DI
REPORT AND OBSERVATIONS OF THE COMMITEE ON SOUTH WEST AFRICA REGARDING CONDITIONS IN THE TERRITORY
I. General A. Status of the Territory ,,' ,. 9 B. Population of South West Africa , ,., 10
Il. Political conditions A. General ,, ,', .. ,,. 10 B. General elections and representation in legislative bodies , .. , , . 10 C. Administrative policy and methods; application of apartheid . 11
III Page Ill. Economic conditions A. General 15 B. Public finance 16 C. Mining , . 18 D. Agricultural and pastoral production " . 18 E. Land allocation and alienation ,. 20
IV. Social conditions A. General 22 B. Labour 22 C. Freedom of movement , . , , ,. 23 D. Public health 24 E. Native and low-income housing in urban areas 25
V. Educational conditions A. General .. , , , , , . , , , , , , . , , , . , , , , .. ,,,,,, 26 B. Inquiry into education in the Territory ,,,,,. 27 C. Conclusions of the Committee .' .. ", "., , .. 28
VI. Concluding remarks , ,,,. ,. 28
ANNEXES
1. Draft resolution concerning petitions and related communications in regard to South West Africa, proposed by the Committee on South West Africa for adoption by the General Assembly " " .. , , .. , , . , , .. ,'. '. 30
n. Petition dated 24 July 1957 from Mr. jacobus Beukes, Rehoboth Community, to the Secretary of the United Nations, ,,,,.,.,,,,.,.,,.,' ..,,,, .. 30
In. Petition dated 10 August 1957 from Mr. jacobus Beukes, Rehoboth Com- munity, to the Secretary-General of the United Nations . , , ' , , ' , . , ... , , 31
IV. Petition, undated, from Mr. Jacobus Beukes, Rehoboth Community, to the United Nations , .. ".,"", ... " ... "., ... ,.,.,." .. "" .. " .. , 32
V. Petition dated 12 October 1957 and related communications dated 10 January 1958, undated, dated 20 June 1958, and dated 31 July 1958, from Mr. johannes Dausab and others, Hoachanas Native Reserve, to the Committee on South West Africa, the Secretary-General, and Messrs. Harry Bloch and Co., Solicitors, Windhoek 1. Petition dated 12 October 1957 to the Chairman and Members of the Com- mittee on South West Africa ..... , , . , . , , , , . , ' , .. , , , , . 32 2. Communication dated 10 January 1958 to the Secretary-General 35 3. Communication, undated, to Messrs. Harry Bloch and Co., Solicitors, Windhoek , , , , , .. ,.,,., ,,.,,,," ,,,.,,,,.',,,,,,,.,',." 38 4. Communication dated 20 June 1958 to the Secretary-General " 39 5. Communication dated 31 July 1958 to the United Nations., ", 42
JV .. Page VI. Petition dated 27 November 1957 from Chief Hosea Kutako Windhoek to the Secretary-General, and related memorandum from the Re~erend Michael Scott. 1. Petition dated 27 November 1957 from Chief Hosea Kutako to the Secretary-General 48 2. Memorandum from the Reverend Michael Scott ...... 51
VII. Petition dated 22 July 1958 from the Reverend Michael Scott the African Bureau, London, to the Chairman of the Committee on South West Africa and related communication dated 29 July 1958 from Chief Hosea Kutako and Messrs. Chr Tziteza, E. Kauraisa, F. Katirno, L. Muriambihu, and L. Kaomba to the Secretary-General and the Chairman of the Committee on South West Africa. 1. Petition dated 22 July 1958 from the Reverend Michael Scott to the Chair- man of the Committee on South West Africa , , . . 53 2. Communication dated 29 July 1958 from Chief Hosea Kutako, Mr. Chr Tziteza, Mr. E. Kauraisa, Mr. F. Katimo, Mr. L. Muriarnbihu, and Mr. L. Kaornba to the Secretary-General and the Chairman of the Committee on South West Africa. , , '" , ...... 56
VIII. Summary of oral petition submitted by the Reverend Michael Scott at the 94th meeting of the Committee on South West Africa ,. .. 58
IX. Petition dated 13 June 1957 from Mr. Nghuwo Jepongo, Ukuanyarna Tribal Congress, Ovamboland, to the Secretary-General. , .. ',' .. , . .. 59
X. Petitions dated 3 August 1957 from Mr. Toivo Herman Ja Toivo and eighty other Ovambo, dated 22 November 1957 from Mr. S. Shoombe and 100 other Ovambo, and related communications dated 25 June and 29 July 1958 from Messrs. Festus Isaacs, Toivo H. ja Toivo and D. D. Shoome, r1 i,: 1. Petition dated 3 August 1957 from Mr. Toivo Hennan Ja Toivo and )"I eighty other Ovambo, Ovamboland, to the Chairman of the Trusteeship !i) 11 Council , . 60 I, qu 2. Petition dated 22 November 1957 from Mr. S. Shoombe and 100 other Ovambo, Windhoek, to the Secretary-General , I1 61 l, 3. Communication dated 25 June 1958 from Mr. Festus Isaacs, Mr. Toivo H. Ja Toivo and Mr. D. D. Shoombe to the Secretary of the Committee on I! South West Africa ,,' 62 I i 4. Communication dated 29 July 1958 from Mr. Festus Isaacs, Mr. Toivo Herman J a Toivo, and Mr. D. D. Shoombe, Windhoek, to the Secretary I 63 of the Committee on South West Africa ,. I ! : XI. Petition dated 14 May 1958 from Mr. Mburumba Kerina (Getzen), New York City, to the Secretary of the Committee on South West Africa . 63
XII. Petition dated 1 July 1958 from Mr. Mburumba Kerina (Getzen), New York City, to the Secretary of the Committee on South West Africa . . 64
XIII. Petition dated 4 July 1958 from Mr. Mburumba Kerina (Getzen), New York City, to the Secretary of the Committee 011 South West Africa . . . 64
XIV. Petition dated 17 October 1957 from Mrs. Kathe van La benfe1der, Outjo, to the Trusteship Council .,...... 64
XV. Communication dated 6 August 1957 from the Reveren~ Michael Scott, The Africa Bureau, London, to the Chairman of the Committee on South West
Africa ...... , , ., ' ... " ...... 65
v Page XVI. Communication dated 10 August 1957 from the Reverend Michael Scott, The Africa Bureau, London, to the Chairman of the Committee on South West Africa " " ...... 65
XVII. Communication dated 14 January 1958 from the Reverend Michael Scott, The Africa Bureau, London, to the Chairman of the Committee on South West Africa ... , ... , .... , ..... , .. , ...... 66
XVIII. Communication dated 25 July 1957 from Chief Hosea Kutako, Windhoek, to the Secretary-General 66
XIX. Communicationdated 9 September 1957 from Chief Hosea Kutako, Windhoek, to the Secretary-General 66
XX. Communication dated 4 August 1958 from Chief Hosea Kutako, Windhoek, to the Secretary-General 66
XXI. Communication dated 3 December 1957 from Mr. Jacobus Beukes, Rehoboth Community, to the United Nations General Assembly ...... 67
XXII. Communication dated 26 May 1958 from Mr. George M. Houser, American Committee on Africa, New York City, to the Secretary of the Committee on South West Africa and letter dated 8 May 1958 from Mr. Toivo H. Ja Toivo and Mr. D. D. Shoombe, Windhoek, for the Ovamboland People's Congress, to Her Majesty Queen Elizabeth II, London " 68
XXIII. Map of South West Africa 1958 (to be issued as an addendum)
I PART I
I. GENERAL
1. By resolution 749 A (VIII) of 28 November 1953, Nations and the Union of South Africa required that the General Assembly established, "until such time as the Committee should remain in existence for the pur an agreement is reached between the United Nations poses set forth in resolution 749 A (VIII), decided and the Union of South Africa", a Committee on South that the composition of the Committee should be in West Africa, and requested this Committee to: creased to nine members appointed by the Assembly on " (a) Examine, within the scope of the Question the recommendation of the Fourth Committee, and that naire adopted by the Permanent Mandates Commis one-third of the membership should be renewed by the sion of the League of Nations in 1926, such informa same procedure annually. On 13 December 1957, the tion and documentation as may be available in respect Assembly, on the recommendation of the Fourth Com of the Territory of South West Africa; mittee, elected three members to replace Syria, Thailand and Uruguay. The following States were elected: Egypt, " (b) Examine, as far as possible in accordance Indonesia and Uruguay. with the procedure of the former Mandates System, reports and petitions which may be submitted to the 4. The composition of the Committee during its fifth Committee or to the Secretary-General; session was accordingly as follows: Brazil, Egypt (sub " (c) 'Transmit to the General Assembly a report sequently United Arab Republic), Ethiopia, Finland, concerning conditions in the Territory taking into Indonesia, Mexico, Pakistan, the United States of account, as far as possible, the scope of the reports America and Uruguay. The fol1owing representatives of the Permanent Mandates Commission of the served during the session: League of Nations; Bmzil: Mr. Carlos S. Gomes Pereira " (d) Prepare, for the consideration of the General Egypt (subsequenf.ly United Arab Republic): Mr. Assembly, a procedure for the examination of reports Ahmed Osrnan and petitions which should conform as far as possible Ethiopia: Mr. A. H. Alemayehou to the procedure followed in this respect by the As Finland: Mr. G. A. Gripenberg, Mr. Byorn Alholm sembly, the Council and the Permanent Mandates Indonesia: Mr. Imam Abikusno Commission of the League of Nations". Mexico: Mr. Eduardo Espinosa y Prieto Furthermore, the resolution authorized the Commit Pakistan: Mr. Yusuf J. Ahmad, Mr. S. A. Karim tee to continue negotiations with the Union of South Africa, in order to implement fully the advisory opinion United States oj America: Mr. Benjamin Gerig of the International Court of Justice of 11 July 1950 Uruquar): Mr. Enrique Rodriguez Fabregat, Mr. regarding the question of South West Africa, and re Cesar Montero Bustamente quested the Committee to submit reports on its activi 5. At its 88th meeting on 9 January 1958, the first ties to the General Assembly at its regular sessions. meeting of the fifth session, the Committee elected Mr. 2. Since the time of its establishment the Committee Enrique Rodriguez Fabregat as its Chairman, Mr. G. has held annual sessions, the fifth of which is the subject A. Gripenberg as its Vice-Chairman and Mr. Carlos of the present report.' S. Gomes Pereira as its Rapporteur. 3. As originally established, the Committee consisted 6. Between 9 J anuary and 5 September 1958 the of seven members. By resolution 1061 (XI) of 26 Feb Committee held nine meetings. At its 96th meeting on ruary 1957, the General Assembly, considering that the 5 September it adopted the present report to the Gen continuing absence of an agreement between the United eral Assembly.
11. NEGOTIATIONS WITH THE UNION OF SOUTH AFRICA
7. The Committee described in its previous reports able response from the Union Government, which de the results of the efforts which it had made, within clined also-and has continued during the period of the framework of the authority granted to it by the the present report to decline-to co-operate in any way General Assembly, to carry out negotiations with the with the Committee in the discharge of its functions. Union of South Africa in order to implement fully the advisory opinion of the International Court of 8. At its 88th meeting on 9 January 1958, the Com Justice. It recalls that those efforts met with no favour- mittee decided in the light of the fact that, by resolu tion 1143 (XII) of 25 October 1957, the Assembly had 1 For the reports of the Committee on the work of its first, established a Good Offices Committee to undertake second, third and fourth sessions, see Official Records 0/ the discussions with the Government of the Union, to with General Assembly, Nintl, SessioH, Supplement No. 14 (A/2666 hold for the time being any further approach to the and Add.I and Corr.L) ; Tenth SeSSIO!i, Sl£pplemellt No. 12 Union Government which might be made under the (A/2913 and Adds. 1-2) ; Eleventh SeSSiOn, Supplement No. 12 (A/31S1); Twelfth Session, SupplemClit No. 12 (A/3626). Committee's own authority to negotiate. 1 THE QUESTION OF SECURING FROM THE INTERNATIONAL COURT OF JUSTICE ADVISORY In. OPINIONS IN REGARD TO THE ADMINISTRATION OF SOUTH WEST AFRICA
their compatibility or otherwise with Article 22 of the 9. By resolution 1142 B (XII) of 25 October 1957 ~f t~e Covenant of the League of Nations, the Mandate for concerning legal action to ensure the fulfilment South West Africa and the Charter of the United obligations assumed by the Union of South A.fnca 111 respect of the Territory of South We.st Africa, the Nations. General Assembly requested the Commltt~e on South 10. To this end, the Committee appointed at its 88th West Africa to consider further the questl?n of s~cur meeting on 9 January 1958 a Sub-Committee consist ing from the International C~u:t of. justice advisor!, ing of the representatives of Finland, Mexico and the opinions in regard to the adl11l11lstratlOn of the Tern United Arab Republic. The Sub-Committee submitted tury, and to make recommendati.o~s in. the pres~nt a study of the question which served as the basis for report concerning acts of the adml111strabon on which further consideration by the Committee and for a spe a reference to the Court might usefully be made as to cial section of the present report, contained in part Il.
IV. EXAMINATION OF INFORMATION AND DOCUMENTATION CONCERNING SOUTH WEST AFRICA
It In view of the continued failure of the Govern to changes in the basic conditions in the Territory. The ment of the Union of South Africa to submit annual Committee also had before it unofficial information, reports on the administration of the Territory, and in including Press reports and petitions relating to the accordance with rule XXII of its rules of procedure, Territory. In the course of its 89th and 91st to 96th the Committee at the same meeting decided to request meetings, held between 14 July and 5 September 1958, the Secretary-General to submit to it all available re the Committee examined the information and docu cent information relating to South West Africa. The mentation available with a view to preparing a report to Committee had before it a document prepared by the the Assembly concerning conditions in the Territory, Secretary-General (AjAC.73jL.l2) pursuant to its pursuant to sub-paragraphs 12 (a) and 12 ( c) of decision to apply its alternate procedure with regard to resolution 749 A (VIII) and resolution 941 (X), and reports. This document took the form of a supplement taking into account resolution 1056 (XI). At its 96th to the previous year's documentation (AjAC.73jL.1O), meeting on 5 September 1958, the Committee adopted recording such official information as had subsequently its report concerning conditions in South West Africa become available relating to developments in 1957 and (see part III of the present report).
V. EXAMINATION OF PETITIONS AND COMMUNICATIONS RELATING TO SOUTH WEST AFRICA
12. In view of the absence of any change in attitude oral petition is annexed to the present report (annex 011 the part of the Government of the Union of South VIII). Africa with regard to the transmission to the United Nations of petitions received by it from sources within A. QUESTIONS RELATING TO THE RIGHT OF PETITION the Territory, the Committee continued to apply the 16. In its previous report," the Committee drew the alternate procedure of its rules of procedure in examin attention of the General Assembly to the complaint of ing petitions relating to the Territory. a petitioner that action had been threatened against 13. At its 88th and 89th meetings on 9 January and him by the Magistrate of the Rehoboth District if he 14 July 1958, and during the course of its examination wrote furt~er to the Administrator of the Territory. of conditions in the Territory, from its 91st to 96th The Committee considered that the action had serious meetings on 2 to 5 September 1958, the Committee implic~tions as. to the right of peti~ion, since petitioners examined petitions and communications submitted to it are being advised by the Committee, as required by and to the Secretary-General relating to the Territory. alternate rule XXVI (a) of the rules of procedure, to 14. The action taken by the Committee with respect re-submit their petitions to the United Nations through to these communications and petitions, which are an the Government if they have not already done so. The nexed 10 the p;esent report (annexes ll-XXll), is C~mmittee .accordingly suspended the application of reported below 111 paragraphs 25 to 30. The Committee this rule With respect to petitions from the petitioner a.lso c~,!sidered two general questions relating to peti concerned and recommended that the Union Govern uons, I he first concerns the right of petition and the ment should investigate the action taken by the Magis second the problem of the availability of travel docu t:ate and t~~e all steps necessary to ensure that the 111('11 ~s to enable South West Africans to appear for right of petition was maintained in the Territory. hearings granted to them by the United Nations. These matters arc dealt with below in paragraphs 16 to 19 . 17. The Committee believes it appropriate now to and 20 to 24 respectively. inform the General Assembly that subsequent corre spondence from the petitioner concerned shows that he 1S. At its 92nd meeting, the Committee considered has written further letters to the Administrator." He aIld granLed . a request- for an oral hearing by the has not referred further to his previous complaint. I~evcr('nll .Mlchael. Scott, who, accordingly, addressed (See para. 26, below.) _ll~~~~ttee at Its 94th meeting. A summary of his 3 A/3626, paras. 19-23. ~ -;l't' annex \'1 I. 4 See annexes III and XXI. 2 18. A number of other petitions subsequently re by the Committee, and in particular from the following ceived by the Committee from Ovambo Nama and passages in that opinion: Herero inhabitants of South West Africa'contain alle "The right of petition was introduced into the gations relating to the right of petition." Some of these Mandates System by the Council of the League on allege that the Reverend T. H. Hamtumbangela was January 31st, 1923~ and certain rules relating to the removed from Ovamboland to Windhoek for submit matter were prescribed, This was an innovation de ting a petition to the United Nations on behalf of the signed. to render tl:e supervisory function of the Ovarnbo." It is also claimed that people who write to <;:011 nci1 mo:e effectlve:. The Council having estab the United Nations are in jeopardy and that their lished ~he nght. of pebtl?n, and regulated the man letters are stopped." ner of its exercise, w~s, 111 the opinion of the Court, 19. The Committee has insufficient information to competent to authonze the Permanent Mandates enable it to determine whether or not these allegations Com!uission to grant oral hearings to petitioners, are well-founded. If they are not, the Committee ex had it seen fit to do so." ... presses the hope that the Union Government will see "There is nothing in the Charter of the United to it that the right of petition is guaranteed to the in ~Jations, the Covenant of the League, or the Resolu habitants, and that any misapprehensions about the tion of d:e Assembly of the League of April 18th, matter will be dispelled. 1946, relied upon by the Court in its Opinion of 1950, that can be construed as in any way restricting B. QUESTIONS RELATING TO HEARINGS OF PETITIONERS the autl;ority of the General Assembly to less titan 20. The Committee also drew attention in its last that which was conferred upon the Council by the report" to the fact that petitioners wishing to be heard Covenant and the Mandate; nor does the Court find by the United Nations, and actually granted hearings any justification for assuming that the taking over by the Fourth Conunittee at the sixth session of the ~)y the General A~sembly of the supervisory author General Assembly." continued to be refused passports. ity formerly exercised by the Council of the League A second case of the same kind appeared to arise fol had the ~ffect ~f cr,Ystallizil1g the Mandates System lowing the granting by the Fourth Committee at the at the point which rt had reached in 1946."11 twelfth session of a hearing requested by Mr. Jarire 23. The evidently unsuccessful application by Mr. tundu Kozonguizi, a South West African student then Kozonguizi for a passport after he had been zranted in the Union of South Africa. The Fourth Committee, a hearing by the Fourth Committee at the twelfth ses at its 736th meeting on 10 December 1957, referred to sion led to publicity being given in the South African the Committee on South West Africa for consideration Press to the conditions under which a "Native" might a letter dated 28 November 1957, signed in typescript se~ure a passport. According to a report-s relating to with the name of the student, in the following terms: this particular application, a "Native" may be issued a passp~rt l?y t!le Secretary of the Interior following an "With reference to your cables and my replies I investigation 1I1tO the character of the applicant and the have to inform you that the Secretary for the Inter nature and duration of his visit overseas, and provided nal Affairs of the Union of South Africa has, by that he has made provision for his dependants durina i letter, informed me that my application for a pass his proposed absence. An applicant for a passport i~ port to enable me to travel to the United States has required to deposit £100, to be refunded on his return ill been refused. He did not give any reasons for the on the surrender of his passport, in order to provide refusal." return fare in case he is repatriated by overseas author 11 11 21. The Committee must observe that it is for the ities or to provide for his maintenance if he should be (: Union Government to offer an explanation of this come destitute. Certain further requirements, however, case, since the competence to issue travel documents are laid down by the Native Affairs Department of the to inhabitants of South West Africa lies with that Union .Government. It was stated in the same report Government. From the information at its disposal, the that this Department would give favourable considera Committee is able to state that the official reason given tion to "Natives" wishing to travel overseas provided for the refusal of passports to the South West Africans the purpose of their trip fell into three main categories: (representatives of the Herero, Nama and Berg Dama (a) for study purposes, if the study would be of prac ra tribes) granted hearings by the Fourth Committee tical use to the "Native"; (b) for attending confer at the sixth session in 1951 was that "as the hearing of ences of recognized religious denominations; or (c) for the Herero chiefs by the UNO would have been un the purpose of accompanying their employers. constitutional and in violation of the Charter, the Gov 24. In view of these conditions, it appears to the ernment was not prepared to grant facilities for this Committee that the Union Government is not willing purpose.'?" to issue a passport to an inhabitant of South West Africa who has been granted a hearing by the United 22. Any such legal doubts in the matter of oral hear Nations. The Committee wishes again to emphasize the ings, however, ought to have been removed, in the special importance, in the absence of co-operation by Committee's belief, by the advisory opinion of the the Mandatory Power in supplying information about International Court of Justice of 1 June 1956 on the conditions in the Territory, which should be attached question of the admissibility of hearings of petitioners to the full exercise of the right of petition in respect 5 See annexes V, VI, VII, IX and X. of South West Africa. The Committee therefore recom 6 See annexes IX and X. mends once more that the General Assembly urge the 7 See annexes V, IX and X. Mandatory Power to grant petitioners travel documents S A/3626, paras. 24-29. to enable them to appear before the proper organs of D Official Records of the General Assembly, Sistl» Session, Fourth Committee, 204th meeting, 16 November 1951. the United Nations for hearings, when granted by 10 Union Minister of the Interior, speaking in the House of Assembly, 29 January 1952 (Union of South. Africa, Hansard, 11 ICl Reports, 1956, p. 29. \952, col. 343). 12 Cape Times, Capetown, 3 October 1957. 28. With respect to the petition and related communi such organs, and to return thereafter to their places cations from Mr. Johannes Dausab and others in the of residence. Hoachanas "Native" reserve (see para. 27 (d) above), ,' ON OF PETITIONS AND COMMUNICATIONS the Committee noted that the proposed dis-establishment C• Io,XAMINATI communica~ions rec~ived of the reserve and the removal of its inhabitants was 25. The petitions and by brought before the High Court of South West Africa the Committee since its fourth seSSIOn fell into two subsequent to the receipt and classification of the letter main categories; petitions and su~rleme~tary ~~hr~~es~ of 12 October 1957 as a petition. In the circumstances, communications C6ncermng .cOl:dltlOns I~ SO commumcatlO~s the Committee decided at its 89th meeting, in the light Africa; and other considered by the of rule X of its rules of procedure, to make no observa Committee as requiring no action by the General tions or recommendations on this particular question Assembly. until the High Court had given its decision in the matter. 26. III accordance with rule XXVI (a) of the Com The Committee has nevertheless brought to the attention mittee's alternate rules of procedure, c~ples of all .c?m of the General Assembly, in part In of this report, the munications which the Committee classified as petitions further information available on this question since the from sources within South West Africa were retur~ed Committee's report to the Assembly at its twelfth ses to the petitioners for re-submission thr?,!gh the Union sion and has considered the other questions raised by the Government except in the case of petitions from Mr. petitioners during the course of its examination of con jacohus Bel;kes of the Rehoboth .C0t?munity. In t,his ditions in the Territory. case, the Committee decided to maintain the suspension of alternate rule XXVI (a) pending further indications 29. The Committee considered at its 88th, 89th, 94th by the petitioner concerning his freedom to submit peti and 96th meetings a petition dated 17 October 1957 from tions (see paras. 16 to 17). Mrs. Kathe van Lobenfelder concerning the return of her son to South West Africa (annex XIV). At its 96th 1. Petitions and related communications concerning meeting, it decided to request the Union Government conditions in the Territory to give due consideration to the case raised by the pe 27. The Committee decided at its 88th, 89th and 94th tioner. meetings to take the following petitions and related com 2. Other communications relating to South. West Africa rnunications into account during its examination of con ditions in the Territory and it approved a draft resolu 30. In addition to the petitions and related com tion on them which it recommends for adoption by the munications referred to above, the Committee received GeneralAssembly (annex I). a number of communications which it considered re (it) Petition dated 24 July 1957 from Mr. J acobus quired no further action by the General Assembly. The Beukes, Rehohoth Community (annex II). Committee dealt with these communications in the manner described below. (b) Petition dated 10 August 1957 from Mr. jacobus Beukes, Rehoboth Community (annex Ill). (1) C01n1iittnications from the Reverend Michael Scoff: (c) Petition, undated, fr0111 Mr. J acobus Beukes, (a) Letter dated 6 August 1957 (annex XV) ; Rehohnth Community (annex IV). (b) Letter dated 10 August 1957 (annex XVI) ; (d) Petition dated 12 October 1957 and related com (c) Letter dated 14 January 1958 (annex XVII). munications from Mr. J ohannes Dausab and others, Hoachanas (annex V). The Committee decided at its 88th meeting to inform (e) Petition dated 27 November 1957 from Chief Mr. Scott that no further action was thought necessary Hosea Kutako and related memorandum from the Rev on the first two letters listed above, by which he re erend Michacl Scott (annex VI). quested a hearing before the Committee, since he had subsequently made a statement in the Fourth Committee .m Pe!ition dated 22 July 1958 from the Reverend during the twelfth session of the General Assembly. ~hchael SC(!t~ and related communication dated 29 July 1?5~ frrm~ ChIef Ho~ea Kutako and Messrs. Chr Tziteza, . The Committee decided at its 89th meeting to con /',. Kaurnisa, F. Katimo, L. Muriarnbihu, and L. Kaomba sider a memorandum from Mr. Scott relating to the (annex VII). transfer of land in the Aminuis "Native" reserve sub mitted .a~ an enclosure to the third letter, togethe; with (fl) Oral petition by the Reverend Michael Scott at the 94th meeting of the Committee (see annex VIII). the petition dated 27 November 1957 from Chief Hosea Kutako (see para. 27 (e) above). (/1) Petition dated 13 June 1957 from Nghuwo Je POI1Rl\ Ukl1anyama Tribal Congress, Ovarnboland (an (2) Communications from Chief Hosea Kutako nex IX). (a) Letter dated 25 July 1957 (annex XVIII) ; (j) Petitions .dated 3 August 1957 from Mr. Toiv (b) Letter dated 9 September 1957 (annex XIX) ; J!erIlIan ]a TOIvo and eighty other Ovambo and 22 Nu\"elllller 1957 from Mr. S. Shoombe and 1'00 other (c) Letter lated 4 August 1958 (annex XX). (Ivall1hu, and related communications dated 25 J -:rhe Committee decided at its 88th meeting to inform alH~ !'~ .I uly 1958 from Messrs. Festus Isaacs Toivo~~Ie Chief Kutako that It had taken note of the first letter ja 1UIVU and D. D. Shoombe (annex X).' . referre? to above, which appeared intended for the in K Ii) I'p(t,ition dated 14l\1ay 1958 from Mr. Mburumba formation of the Committee. . erma (retzen) (annex XI). With r~gard to the second letter, authorizing the Rev • (1;') l'e~itiOI1 dated 1 July 1958 from Mr Mburumba erend Mlchael Scott to speak in the United Nations Kcrin« (l,dzen) (annex XII). . on behalf of the Hereros, the Committee decided at its (I) Petition dated 4 July 1958 fro M Mb b 88th meeting to inform Chief Kutako that Mr. Scott J."' ( '. .. m r. ururn a I\.enna ( .etzen ) (annex XIII). had. been granted a hearing by the Fourth Committee during the twelfth session of the General Assembly. 4 The Committee also decided, at its 94th meeting, to been previously considered by the Committee and the take note of the third letter referred to above which General Assembly. recognizes Mr. Mburumba Kerina (Getzen) as a spokes (4) Communication dated 26 May 1958 from Mr. man for the Hereros before the United Nations. George M. H ouser, American Committee on Africa, (3) Communication dated 3 December 1957 jro'nt Mr. enclosing a petition from the Ovamboland People's Jacobus Beukes, Rehobotli Community (annex Congress to Her Majesty Queen Elizabeth II (an XXI) nex XXII) The Committee decided at its 89th meeting to in The Committee decided at its 89th meeting to inform form Mr. Beukes that it had taken note of this letter, Mr. Houser that it had taken note of the above-men together with its enclosures, and to advise him that the tioned enclosure, which appeared to be intended only question of the status of the Rehoboth Community had for the information of the Committee.
5 PART II
REPORT OF THE COMMITfEE ON SOUTH WEST AFRICA ON THE QUESTION OF SECURING FROM THE INTERNATIONAL COURT OF JUSTICE ADVISORY OPINIONS IN REGARD TO THE ADMINISTRATION OF SOUTH WEST AFRICA
1. SCOPE OF THE STUDY
31. The scope of the present study is determined by requested the Com111itt~e on South :vest Africa to con General Assembly resolution 1142 B (XII) of 25 sider further the question of securing from the Inter October 1957 concerning legal action to ensure t~e ful national Court advisory opinions in regard to the admin filment of the obligations assumed by the Union of istration of the Territory, and to make recommendations South Africa in respect of the Territory of South West in its next report concerning acts of the administration Africa. In this resolution the General Assembly referred, on which a reference to the Court might usefully be first. to the fact that in its last report on condit!ons in made as to their compatibility or otherwise with Article the Territory, the Committee on South West Africa had 22 of the Covenant of the League of Nations, the Man observed that existing conditions and the trend of the date for South West Africa and the Charter of the United administration represented a situation contrary to the Nations. Mandates System, the Charter of the United Nations, 33. The terms of the operative part of the resolu the Universal Declaration of Human Rights, the advisory tion, as set out in the preceding paragraph, suggest that opinions of the International Court of Justice and the the question may appropriately be dealt with, in the first resolutions of the General Assembly j'" and, secondly, instance, in terms of the legal basis of requests for ad to the fact that in its special report on the legal action visory opinions and of the specific matters relating to question the Committee had referred, inter alia, to the the administration of South West Africa which could, possibility of questions being put to the International on such a basis, be referred to the International Court; Court for its advisory opinion as to whether specific and, in the second instance, in terms of a broader frame acts of the Mandatory State were in conformity with work within which the resolution suggests that the use of l1 the obligations assumed by it. the advisory procedure, in principle, requires further 32. In the light of these facts, the General Assembly study and that the usefulness of referring given ques tions to the Court must be taken into account. 18 A/3626, annex I, para. 161. 14 Official RCCOI'ds of the General Assembly, Twelfth Session, 34. The present study deals with the question along Sflpplc11Ic1JI No. 12A (A/3625), para. 18. these two main lines.
. n. GENERAL LEGAL BASIS AND RELEVANT ACTS OF ADMINISTRATION
35. The possibility from the legal point of view of State to fulfil its obligations as defined in the advisory the General Assembly or other authorized organs of the opinion. United Nations seeking from the International Court 36. The Committee then pointed out that such legal advisory opinions on questions relating to the adminis questions could relate not only to aspects of the super tration of the Territory was, as the General Assembly's vision procedure such as those put to the Court in 1954 resolution itself points out, referred to in the special and 1955 (voting procedure and admissibility of hear report dealing with legal action of all kinds which the ings of petitioners) but that questions might also be put Committee on South West Africa submitted to the As as to whether specific acts of the Mandatory State were sembly at its twelfth session. It may be useful to recall in conformity with the obligations assumed by it under th~t. in that report, the Committee necessarily distin the Mandate, including, for example, whether the status guished recourse to advisory opinions of the Court from of the Territory had been modified in a manner or to a oth~r forms of legal action open to organs of the United degree incompatible with the obligations of the M 42. The second major consideration guiding the feels bound to draw these questions to the attention present study is the question of principle, on which of the General Assembly. General Assembly resolution 1142 B (XII) leaves 44. There appear to be two main aspects which need scope for discussion. The resolution asks the Com to be given consideration. The first relates to the mittee on South West Africa to make recommendations authority of the General Assembly and especially to concerning acts of the administration not merely on its supervisory authority in respect of South West which a reference could technically be made to the Africa. The Assembly may wish to consider whether Court-in which case it might submit the foregoing it can be regarded as useful to refer to the Interna tional Court for further review matters on which the list of acts in the form of recommendations-but 011 judgement of the Assembly has already been exercised, which a reference might "usefully" be made to the and, moreover, exercised under an authority which Court. Moreover, the fact that the Committee is re the Court, in the advisory opinions already given on quested in general terms, in the opening part of the questions of supervision, has recognized as belonging operative paragraph, to "consider further" the question to the Assembly. of securing advisory opinions appears also to leave 45. The second main aspect of the problem involves the matter open for further consideration as to the consideration by the General Assembly whether it principle involved. would wish to embark upon the advisory opinion proce dure concurrently with the other and different courses 43. The Committee does not feel in a position itself of action which it is following towards a solution of to determine questions of principle. Nevertheless, it the problem. I· • PART HI REPORT AND OBSERVATIONS OF THE COMMITfEE ON SOUTH WEST AFRICA REGARDING CONDITIONS IN THE TERRITORY I. GENERAL A. STATUS OF THE TERRITORY and its relationship to the Union of South Africa. The Committee wishes to inform the General Assembly of 46. The status of South West Africa in international further statements made in the Union Senate in May law is that of a Territory under Mandate. This status 1957 by the Prime Minister, which indicated no change ~as co~firmed .b~ the International Court of Justice in up to that time in the position previously adopted by Its advisory opmion of 11 July 1950, an opinion which the Government. The Prime Minister stated: was accepted by the General Assembly. The Mandate, as con~rmed and defined by the Council of the League "... With the disappearance of the League of Na~ of Nations on 17 December 1920, provides in article tions, there is no organization which has any say over 2 that the Union of South Africa as the Mandatory shall South West Africa, except the Union of South Africa; have full power of administration and legislation over that we do not therefore recognize D.N.O.'s claim the Territory subject to the Mandate as an integral that it is entitled to intervene in the affairs of South portion of the Union, and may apply the laws of the West Africa, and that not only are we not prepared Union to the Territory, subject to such local modifica to place South West Africa under the trusteeship of tions as circumstances may require; and that the Manda D.N.O. but that for the same reason we are not pre tory shall promote to the utmost the material and moral pared either to submit annual reports to D.N.O., as well-being and the social progress of the inhabitants. we did to the old League of Nations."?" 47. The integration of the Territory with the Union 50. Replying to a member of the Opposition, the of South Africa has, however, been carried out to such Prime Minister further stated: an extent as to have led the Committee to express the "... Although we adopt the standpoint which his belief in its previous reports that this integration former leader, General Smuts, adopted that the Man ~ay have exceeded the limits imposed by the provi date no longer exists, the Mandate itself laid down sions of the Mandate. Integration has been effected to the old League of Nations that the Union had the not only on the administrative level, where it has, right to govern South West Africa as an integral moreover, been extended since 1955 by the transfer part of the Union. We can, for example, make all of the administration of "Native" affairs to the our laws of application to it and govern it simply as Union; and not only on the legislative level, where a part of the Union and then the Hon. Senator ... if Union legislation not always compatible, in the he so prefers can still adopt the standpoint that it is Committee's opinion, with the material and moral well not incorporated."18 being of the majority of the inhabitants has been applied to the Territory; but also on the political level, where 51. Attention may also be drawn to the positions, as the Territory has been given representation since 1949 reported in the Press, of the two "European" political (exclusively through its "European" community) in the parties in the Territory with regard to the status of the Parliament of the Union. Considering these measures in Territory and its relationship with the Union of South the light of statements made by officials of the Manda Africa. Early in 1958, the Nationalist Party, which tory regarding the status of the Territory, the Committee continued to claim that the Mandate had lapsed and to concluded in its last report that the Mandatory had favour the closer association of the Territory with the failed, and was continuing to fail, to pay due regard to Union, also gave its support to the establishment in the the international status of South West Africa. It con Union and South West Africa of a republic under one cluded, furthermore, that without the consent of the flag. The Opposition party, on the other hand, favoured United Nations and without a proper consultation of the termination of the Mandate and a federation of the the population as a whole under conditions agreed upon Territory with the Union of South Africa.P The "Na with the United Nations, the Mandatory Power was tive" population has no voice in the political institutions carrying out a unilateral process of incorporation of the of the Territory, and no political organization through Territory into the Union of South Africa. which it might express its own views on these matters. However, in all of the petitions and communications re 48. The information now at the disposal of the Com ceived by the Committee from the "Natives" which have mittee shows that the same measures of integration are dealt with the question of the status of the Territory, still in effect and petitioners have complained that the the "Native" people have expressed the desire that the application of these measures is even more extensive. Territory should be placed under United Nations trus The Committee therefore maintains its previous con teeship."? clusions. 49. In its previous report to the General Assembly 17 Senate Debates, 1957, col. 5237-8. 18 Senate Debates, 1957, col. 5534. the Committee drew attention to the statements made 19 The Windho ek Advertiser, 23 and 30 May 1958. by the Prime Minister and other officials of the Union 20 For the most recent of these petitions and communications, Government bearing upon the status of the Territory see annexes V, VII, IX and X. 9 22 B. POPULATION OF SOUTH WEST AFRICA sons. Another group, the Nama, or Hottentot, people of the Hoachanas Native Reserve have complained that 52. As of mid-year 1958, the populati~n of !he Ter,ri the Union Government officials have tried to persuade tory was officially estimated as 539,~0 tnhablta~;s, In them to call themselves "Bantu" although they are a cluding 452000 "Natives", 66,000 Europeans, and light-skinned people." It should be explained that the 21,000 "Coioured" persons. At the tim~ of the 1?51 term "Bantu" and "Native" are used synonymously by census in the Territory, the total population, accordmg the Union Government in referring to "Natives" in to revised census figures, numbered 434,~~1, of who~ South West Africa although there are several groups of 366,885 were "Natives", 49,930 were Europeans, "Natives" in the Territory, including the Nama, who 17,262 were "Coloured" persons and four were are not among the many Bantu-speaking peoples of "Asians".21 Africa. According to Mr. J. Neser, Chief Native Com 53. One of the repercussions of t~e system of .admi~ missioner of the Territory until 1955, the N arna, though istration in the Territory, and particularly the l11ten.sl classed as "Coloured" in the Union, are classed as fication of racial separation measures srnce 1955, 1t1 "Natives" in South West Africa. 2 4 The Namas of volving a more severe control of the "Native" popula Hoachanas ask why they are not given the same privi tion, has been that some groups of t~e "Non~~uropean:: leges accorded to the Rehoboth "Coloured" persons, and population have asked to be recogmzed as .Coloured point out that they have, in fact, been treated as "Col persons. Except in the Rehoboth ,~ommumty:, ,:,;here oured" people on the occasions when they have been they have a status closer to that of Europeans, Col in the Union. They explain to the United Nations, how oured" persons have been regarded as "Natives" under ever, that they are not of the opinion that a certain colour the laws, since, in the absence of other "C01~ured" are~s, is inferior, but question the justice of the Mandatory's they have lived in urban areas or elsewhere III the special "colour bar policy", areas set aside for "Natives", Associ~tion, 55. The Committee reiterates its view that the dis 54. In 1957, the "Coloured" Teachers tinctions of terminology used by the Mandatory Power at its annual congress in Rehoboth, asked that all. Col to distinguish various sections of the population of the oured" persons outside the Rehoboth Commumty be Territory reflect discriminatory policies inconsistent given recognition under the law as "Coloured" per- with both the spirit of the Mandate and with the prin 21 AIAC.73/L.l2, paras. 10-12. It will be noted t~,at throug~, ciples of the Universal Declaration of Human Rights, out the text the Committee has used such terms as European, and recommends to the Mandatory that it redirect its "Non-Enropean", "Coloured" person and "Native" in quotation policy with a view to according fundamental human marks As explained in its previous reports, it has used these terms 'only because they are employed in t~e 1.aws an~ other rights to all inhabitants of the Territory. text" of the Mandatory Power and the territorial Adrninistra tion as a means of distinguishing various sections of the popu 22 The Windhoek Aduertlser, 2 July 1957. lation and represent differences in the legal as well as III the 28 See annex V. econo~ic and social sta tus of the inhabitants. 24 La Revue Francaise, December 1956. H. POLITICAL CONDITIONS A. GENERAL during 1957 and the early part of 1958 were the general elections helel in the Territory among the "European" 56. During the period under review, there have been voters and the further extension of measures of apar no significant changes in the distribution of administra theid, or racial separation. tive, legislative and judicial authority between the Terri tory and the Union of South Africa described by the B. GENERAL ELECTIONS AND REPRESENTATIONS IN Committee in its previous reports.-" However, there has LEGISLATlVE BODlES been a suggestion on the part of the Nationalist Party, the "European" majority party in the Territory, for the 59. On 16 April 1958, the "European" voters, who addition of the judiciary to the list of integrated services. alone enjoy the franchise, went to the polls to elect the When a member from South West Africa pressed the six members from the Territory in the Union House matter in the Union House of Assembly in May 1957, of Assembly and two members to fill vacancies in the he was informed by the Union Minister of Justice that eighteen-member Legislative Assembly of the Territory. the territorial Administration must take the initiative According to the report of the Government delimitation and that it had not yet requested such a measnre.s" commissions" for the Territory, there were 29,608 regis tered voters on 30 September 1957 compared with 57. Legislative authority over the Territory continued 20,508 voters at the time of the previous delimitation in to he vested in the Union Parliament, the territorial 1949, an increase of over 44 per cent during the period. Legislative Assembly, the Governor-General of the The increase was attributed to the growth of the three Union, the Administrator of the Territory, and the principal centres of commerce and industry in the Terri Union Minister of Native Affairs. Administrative au tory-Windhoek, Walvis Bay28 and Tsumeb, The num thority remained vested variously in the territorial Exec e!e~ted ber of registered voters had further increased to 31,247 uti ve Committee by the Legislative Assembly, by 16 April 1958. 011 which the Administram- serves as Chairman in the (;overllor-General, the Union Minister of Native Af 60. In the general election to the Union Parliament, fair,;, the Administrator, and other agents of the Union Nationalist Party candidates received 16,390 votes, Government. 27 Published in South West Africa Gazette No. 2127. 58. The principal developments in the political field 28 Walvis Bay, though an integral part of South Africa, is administered as part of South West Africa and the "Europeans" ~r, Sce A/3(J26, annex r. A/3151, annex H; A/2913 annex H. in the area participate in the election of the members of the 211 Il ansard, 1957, cols. 5853-55. ' Legislative Assembly and of the representatives from the Terri tory in the Union Parliament. 10 lil~ United National South West Party candidates stituents and, further, how a "European" sent to the cetYed 11,568 votes.P'' For the purposes of the election governing bodies by "European" votes could represent e Territory was divided into six constituencies, in each "Non-Europeans" who had not sent him there. Since which the result of the election depended on the vot- the N ama people had no voice in the government, nor g within that constituency. In all cases, the candi even a country which they could call their own, they .tes of: the Nationalist Party obtained a majority and pleaded with the United Nations to secure peace, jus e party accordingly won all six seats. tice and security for all of the peoples of SouthWest Africa. In addition, the 1958 annual congress of the 61. Nationalist Party candidates also won the two South West Africa Coloured Teachers Association ats in the territorial Legislative Assembly: the first asked the Administration for direct or indirect repre th~ vVarmbad District, in the southern portion of the ~rntory, sentation of the "Coloured" people of the Territory in by 686 votes to 547, and the second in the the Legislative Assembly.P" rootfontein District, in the north-eastern portion of e Territory, by 1,217 votes to 609.30 The Government 64. The Committee reiterates its recommendation arty thus retained its majority of sixteen seats in the that the Mandatory Power take steps to transform the :gislative Assembly, the remaining two seats being territorial legislature into a properly representatioe .ld by the Opposition. body by extending representation to all inhabitants of 62. As in previous elections in the Territory, impor the Territory, as a first step toward the transfer of re nee was attached by both parties to the vote of the sponsibility for the administration to fully representa ermarr-speaking section of the population, which has tiue institui'ions proper to the Territory. The Committee en regarded as capable of holding the balance of politi emphasizes that the arbitrary exclusion of all persons I.power. Three weeks before the elections, the Legis other than «Europeans" from the right to vote deprives live Assembly passed a resolution granting the Ger the Territory, among other things, of a forum for the an-speaking population the language rights which effective discussion of the affairs and interests of the ey had enjoyed before the outbreak of the Second population as a whole. "orld War. The Opposition members, while not op Ising the action, unsuccessfully sought to postpone its C. ADMINISTRATIVE POLICY AND METHODS; mside r-ation until after the elections. The Nationalist APPLICATION OF APARTHEID ember introducing the resolution was reported as say 65. The Committee has shown in its earlier reports g that the matter affected "the emotions of some 25 that, although the administration of the Territory had ~r cent of the population of the Territory't.P- It may be previously been characterised by the separate treat Ided that, immediately after the elections, the Legis ment of the different racial components of the popula tive Assembly passed an ordinance providing for pen tion, the adaptation of this situation to the policy of ons and allowances for "European" veterans of the apartheid-the conception of the separate development errnarr anlly who had served in wars in the Territory of the races as a permanent feature of the structure of -jor to 1920.3 2 It was estimated that by this measure society-dates particularly from the transfer of "Na iproxdrnately 270 persons who had fought against the tive" administration from the territorial authorities to nion of South Africa would receive from the territorial the Government of the Union of South Africa in 1955. idget the sum of £46,000 per year. 33 From some points of view the adaptation has not re quired any fundamental change in administrative pol 63. As previously reported by the Committee, all icy; the Committee observed in its last report, for Non-Europeans" in the Territory are prohibited by example, that South West Africa had been described ,w from voting in the territorial elections. They are by one of its representatives in the Union Parliament so prohibited from being candidates for election, since as the only country, in the world where apartheid has iember-ship in both the Union Parliament and the been exercised in an increasing degree for fifty years." egisla tive Assembly is restricted by law to "Euro But from other points of view it has led to the imposi eans". The Committee has received petitions from tion of even more formidable barriers between the races, Natives" who have complained that they have no mostly by way of restrictions on the "Non-Europeans", oice in the Government. 34 The Herero Chief Hosea than previously. .utakr» has described the Territory as "a country where J other races are allowed to rule except Europeans or 66. The Committee must report with regret that this eople with white skins. All Europeans belong to a trend has continued during 1957 and the early part of rivileged group; they have the vote, they rule the 1958. As will be shown below, apartheid has been de iuntry, they oppress the non-Europeans and they are picted by the Administration as offering the "Non 'ee to go to the United Nations. The indigenous popu European" communities the opportunity for bettering tion does not have all these privileges." Representa themselves and for "co-existing" peacefully with the yes of the Nama people have complained that Non "European" population. In actual fact, however, its uropeans "have totally no representation, equal or application has tended to reduce the status of the nequa I in the government" and that Europeans in peoples concerned by further restricting their freedom le Territory had monopolized "all the elements of and by depriving them arbitrarily of their already iperiority". They question why, if the "European" limited opportunities for advancement within the eco )uld be represented by "Europeans", it should be im nomic and social structure of the Territory. Such re Jssible for the "Non-European" to represent his con- sults have occurred in many walks of life. As an example, the licences of two "Coloured" cartage con 20 Union Gazette No. 6054. tractors, Mr. Titus Streidwolf and Mr. Cleofas Heigan 30 Tb e Windhoek Advertiser, 18 Apri11958. 311bid., 28 March 1958. of Grootfontein, were restricted in 1958 in such a way 82 Ordinance No. 31 of 1958; SOltth West Airica Gazette No. that they could work only for other "Non-Europeans", 53. 38 The Windhoek Advertiser, 28 March 1958. 315 See The Wlndhoele Advertiser, 24 June 1958. 84 See annexes V and XVIII. 30 See A/3626, annex I, para. 34. 11 and they were, as a result, reported to be having diffi "Europeans", 12,600 "Natives" and 1,400 "Coloured" culty in earning their livelihood. Before the restrictions persons as of mid-year 1958,43 it was anticipated that were imposed, they had undertaken all types of trans the first mass removal of "Natives" would take place port, including the transport of "Native" labourers re by the end of 1958 to a new site and new housing, situ cruited from the northern areas of the Territory by the ated in the north-western areas under the control of the "European" labour recruiting organization the South Windhoek Municipality, where "Natives" are to be dis West Africa Native Labour Association (SWANLA) tributed in separate ethnic groups in accordance, as for work in the Police Zone.s" As another example, the stated in the Press, with the requirements of the apar extension of the Union Nursing Act, 1957, to the theid programme. A separate "Coloured" township, re Territory has applied "the Union Government's tradi quested by the "Coloured" residents of Windhoek, is to tional policy of apartheid" to the nursing and mid be established eventually on a site which is unofficially wifery professions.P" The new legislation prohibits the reported to have met with the approval of the Union appointment or election of "non-White" persons to the Minister of Native Affairs and which will not interfere Nursing Council, the statutory body to which the control with the future expansion of Windhoek.v' "Natives" will of the nursing and midwifery professions of the Union be permitted to own or rent houses in the new "Native" and the Territory is entrusted, and prohibits "non location but will be unable to purchase the land, since, White" persons from serving as members of the Board as stated by the Union Minister of Native Affairs, "loca of the Nursirig Association, the body entrusted with tions form part of the White area, ... The Native living protecting the interests of nurses and midwives. The there is living on the local authority's property't.t" "Col new law provides for the establishment of separate oured" persons, on the other hand, will be allowed also boards for "Coloured" and "Native" persons to serve to buy land in the proposed Windhoek "Coloured" only in an advisory capacity to the "European" bodies. township, pursuant to a decision taken by the Windhoek Until 1957, all registered nurses and midwives, irre Town Council, by a vote of five to one, in June 1958; spective of race, were eligible to serve on the Nursing it was stated that the policy of land ownership by "Col Council and the Board of the Nursing Association. oured" persons had previously been approved by the Among other measures, the law also provides that a Administration and that it conformed with the policy of fine of up to £200 may be imposed on any person who, the Union Government.s'' except in emergencies, permits a "White" nurse or mid wife or a "White" student nurse or midwife to be em 70. The Committee, in its previous report to the Gen ployed under the control or supervision of a "non eral Assembly, drew attention to the extension of apar White" person." theid measures to the Rehoboth Community, a "Col oured" community whose local administrative, judicial 67. By far the most disturbing developments are and law-making powers, recognized under an agree those involving the increasing displacement of peoples. ment of 1923 between the Community and the Union One aspect of this is that the Government has been Government, have been vested since 1924 in the Reho considering the removal of smaller "Native" reserves both District Magistrate. In addition to the "Coloured" which are locally referred to as "black spots" in "white residents, "Europeans" and "Natives" also lived in the areas".~o As reported by the Committee to the General area. The Committee had informed the General Assem Assembly at its twelfth session, one such reserve, the bly of a decision by the Administrator-in-Executive Aukeigas "Native" reserve, has already been abolished Committee to order the removal of "Europeans" from and its inhabitants removed to an inferior area border the Community, and of a petition from Mr. Jacobus ing a larger "Native" rescrve.v Another, the Hoach Beukes alleging that the "Native" inhabitants of the anas "Native" reserve, was scheduled for abolition and '~ Community were also to be transferred.V . its population ordered to vacate by noon on 31 Decem bel' 1956, Subsequent developments relating to Hoach 71. The Committee has now received a further peti anas are outlined below in connexion with land alloca tion from the same source together with an official notice tion and alienation. from the Magistrate of a decision taken on 21 May 68. In the Police Zone, "Non-Europeans" must be 1957 by the elected Advisory Board of the Rehohoth removed to new sites far enough away from the "Euro Community, ordering that the "Native" settlement must pean"-inhabited areas to permit the expansion of sep be moved before the end of July 1958 to the "west bank arate racial group areas with permanent "buffer zones" of the Rehoboth River", that the Village Council must be of 500 yards on whi;h no development is permissible, consulted to obtain a site before any building could be and so situated that 'Non-Europeans" can go to work erected on the new site, and that the "Native" inhabi in ~he urban area without passing through "European" tants "must themselves bear the cost of the removal". re.sldentlal areas, pursuant to the special requirements The notice also indicated that a new cemetery would be laid down by the Union Minister of Native Affairs.f 2 laid out at the new area, The petitioner claims that In several urban areas, the construction of houses in the about 600 "Natives" were thus being forced to vacate and also obliged, at their own expense, to move their specially selected sites has begun, in preparation for the 8 relo~ation of the "Non-European" populations in the huts, numbering about 150.4 particular. areas. 72, The movement of "Native" inhabitants from one 69, For example, in Windhoek, the capital of the place to another, for this or any other purpose, has Territory, with an official estimated population of 15,100 been described, however, as "a completely normal proce clure"49 by the Union Minister of Native Affairs, who 31 The Wi~jdh~ek Advertiser, 9 May 1958; see also annex XII. 38 The legislation was thus described by the Union Minister 43 A/AC.73/L.I2, para, 13. of Health (Union House of Assembly Debates, 11 June 1957, H The Windhoek. Advertiser, 2 May 1958. col. 7829). 45 See A/AC.73/L.12, para, 83. 39 A/AC.73/L.I2, paras, 91-95. 46 The I.fIindhoek Advertiser, 27 June 1958. 40 See A/AC73/L,l0, para. 88. 41 See A/3626, annex I, paras. 33, 82-87. 41 See A/3626, annex I, paras. 72-75. 48 Annex l I. 42 See A/3626, annex I, para. 31. 49 Union Senate Debates, 12]une 1957, col. 5349. 12 is responsible for the administration of "Natives" in minor son his domicile so, by analogy, should he be the Rehoboth Community, as in other areas of South taken to transmit to his son his rights of lawful West Africa. Speaking in the Union Senate on 12 June residence. 1957 during a debate on his policy, the Minister stated: "According to the generally recognized principles "One must not look at this procedure from the point of the law of nations a State is entitled to expel at any of view of the European but from the point of view moment an alien who has been admitted into its of the Native who is used to the tradition, and who territory. The fact that many States have regulated has held over something besides, to move from time the exercise of this by restrictive enactments in their to time from one place of residence to another one. municipal law, does not alter the principle which is For that reason a hut is built which is not too perma recognized by the civilised States. A corollary to this nent and which has to be rebuilt after a time. The principle is that a State is by international law not same type of trek and the building of the huts takes entitled to expel its own nationals.... place voluntarily during the trek between farms and "The Rehoboth Raad clearly derived the right we all know how, when a Native who has been a embodied in sec. 15 of the Agreement from the Union farm labourer on a certain farm and has built a Government on whose behalf the Administrator con good hut for himself there, goes to another place, he eluded the Agreement. In interpreting the Agree takes with him the roof, the straw which he has or ment it is in my opinion important to consider whether the zinc sheets and the doors and the windows, and the Union Government could have intended to confer then he leaves. He usually leaves in the morning upon the Raad rights which would be in conflict with early. On the previous evening he breaks up his hut. all conceptions of personal liberty and human rights At the new spot he then immediately erects a tem as shown above. I am strongly of the opinion that such porary shelter for himself within a few hours and a possibility could only be entertained if the intention then he begins to build his new house. The same were expressed in the clearest words."51 thing happens usually with all removals.:"? 75. "Europeans" in the Community who have been 73. The Committee notes with interest in this con leasing lands from the "Coloured" landowners in the nexion that the judiciary of the Territory has examined, area have been notified that they would have to leave on its individual merits, a case concerning the rights of the Community, in accordance with the decision taken a "Native" to live in the Rehoboth Community. In this by the Administrator-in-Executive-Committee "with a case the District Magistrate found a "Native" born in view to the apartheid policy".52 By this decision, the the Rehoboth Community in 1930 guilty of wrongfully principles of apartheid have been permitted to override and unlawfully residing within the boundaries of the the mutual advantages, for both the "Coloured" land community without the written consent of the Raad (the owners and the "European" farmers concerned, of former local council whose powers and authority have long-standing arrangements by which the latter leased been vested since ]924 in the District Magistrate him self) and sentenced him to a fine of £10 or imprisonment land for the grazing of their cattle. A Government com with compulsory labour for one month. The relevant law mission of inquiry had reported in 1951 that the ad was the agreement of 1923 between the Rehoboth Com vantages of the leasehold system in the area far out munity and the Union Government, which provided, in weighed its inherent drawbacks, both for the Burgher section 15, that no person other than a lawful resident (the "Coloured" landowner) and for the "European" of the Community on 1 October 1923 could be permitted tenant. There were then 107 "European" tenants in the to reside there save with the written consent of the Community from whom the Burghers received a rent, Raad. The conviction by the District Magistrate further calculated on the number of livestock maintained on rendered the "Native" liable to expulsion from the the leased property, totalling £12,000 to .£14,000 per Community on the instructions of the Administrator. year, part of which was payable in the form of perma The District Magistrate, however, then submitted the nent improvements to the property. The development case to the High Court of South West Africa for review, of individual properties had increased the value of the indicating that his doubt arose from the fact that the entire area by several thousand pounds, the commission agreement did not define a "lawful resident", and if stated, and it could readily be seen that both the Com the "Native" was a lawful resident in the Community munity as a whole and the individual Burgher owners then he could not be found guilty. The only ground, profited enormously from the leasehold system. 53 Ac according to the Magistrate, on which the "Native" cording to the local Press, the number of "Europeans" could claim to be lawfully resident in the area was that had increased to 121 by 1958.54. Concern has been he was the child of lawful residents and that he had been expressed at the situation both on behalf of "European" born in and had never left the area. farmers-at least in respect of their future access to 74. The High Court, in a decision on 5 December grazing-and by the "Coloured" petitioner referred to 1957, set aside the conviction and sentence. In doing so above, who has cornplained'" that the expulsion of it had recourse to principles of much more universal "Europeans" is aimed against the "Coloured" com acceptance, in the Committee's opinion, than those upon munity, whose local economy he states is very weak. It which the authorities have ordered the mass removal of appears to the Committee that the decision is contrary the "Natives" from Rehoboth in the interests of to the interests of both the "Europeans" and the apartheid: "Coloured" members of the Community. "In the present case the accused should in the ab sence of express and unambiguous provisions to the ni R. v. Skrywer, South African Law Reports, March 1958, contrary be considered as a lawful resident by virtue pp. 701-705. 52 South West Africa, Votes and Proceedings of the Legisla not only of the place of his birth, but also his con tive Assembly, second session, Seventh Assembly, 1957, pp. 20 tinued and unmolested residence in the Gebiet, and and 58. by virtue of his descent. As a father transmits to a 58 South West Africa, Rehoboth Commission Report, 1951. 54 The Willdhoek Advertiser, 28 March 1958. eo Ibid. 55 See annex IV. 13 I "' "of South West Africa who "European" section of the population, During the 76, It is th~ Natrves 1 administrative policy based budget debate in the Legislative Assembly in May 1958 feel most the impact o,f ai the are numerically by far the leader of the Opposition, Mr. J. P. Niehaus, sought on racial separatIOn, SInce 1 / and also directly sub a definition of the "Native" policy in the Territory on the largest part of thhe ,pop; ~ If::ration by the Minister the ground that the Europeans were entitled to know ject, as a result of t err aUU;lll of South Africa to the what this policy was. In his view, it would be impossible · Aff irs of the 1110n , ' , f of N at!ve . a. "sible for the apphcatlOn 0 to implement apartheid in the absence of alternative authority p~mclpally r1;~rs Commission which func "European" labour, even though South West Africa apartheId, 1 he Na!l~e a bl to state in its report was probably the only country where apartheid was tions under the Minister felt a e f ths during practicable. He recalled recent statements which he . 1955 ering the ew mon for the year , cov ., 'h d been in effect, said, had been made by the Union Secretary for Native which the transfer of adml11lstratlOn Af' 1 d wel- Affairs in Windhoek to the effect that the "Native" that the "Natives" of South West nca la li must work in the interest of his own development co~ned the transfer with enthusiasm, .and ~hat t~e po ICy l!l~t wl~h~~~~k el~~7- instead of selling his labour cheaply, and by the Secre of "Native" administration their tary of South West Africa to the effect that the farmers respect. After d~scr~f:7~ o;~~1~fa~~ei~~ north, and of the Territory would have to equip themselves to do tion, to various ra ib d Chief Hosea Ku- without "Native" labour. He asked whether the "Na u~ to the assembled Hereto tri e, er h f 11 . tive" policy was to build up the reserves so as to tako at Okakarara, the CommisSIOn gave t e 0 OW1l1g , • 56 support" all the "Natives" rather than to sell their labour general ImpressIOns: to "Europeans" and whether these reserves were to "The enthusiastic manner in which the Bantu ?f be developed into future independent States or whether South West Africa welcomed the taking over of their they would remain a part of the Territory.w Although administration by the Union G?verr:ment and the 110 official answer to these questions is available to the spontaneous and hearty co-ope;atlOn displayed by the Committee, it has noted an explanation of the objec tens of thousands of Bantu with whom c?ntaet "Yas tives of apartheid given in a statement by Mr, J. P. made during this tour, made a permanent Impr~sSlOn Basson, a member of the Union Parliament from South on the Commission. It was not only on the ~ccaslon of West Africa. In an address to the South West Africa this visit, however, that so much g~o~wIll and so Coloured Teachers Association in June 1958, he said many spontaneous evidences of apprecmtlOn fr~m the that while many might disagree with the existing Gov side of the Bantu were experienced. In. fact this \yas ernment policy of separate development and see its dis only typical of the good spirit expenenced during advantages, such a policy also had its advantages, and the year. .' ,. he felt that a method of co-existence could be found "The Commission feels convinced that this spirit which would be fair to each racial group. The policy of co-operation, born inter alia out of p~rsonal con of separate development, he said, opened the door for tact, is a further factual proof that the poltcy-for the many new opportunities for the "Coloured" people, formulation of which it must itself accept joint re who in their own areas or townships would be able to sponsibility in terms of its, directive-s-is good a.nd in enter the postal service and even become postmasters, accordance with that desired by the Bantu 111 all rise to higher grades in the railways than was then respects. possible, have their own town councillors and mayors "The Commission therefore takes pleasure in in their own townships, and their own schools with their testifying from personal experience that the direction own teachers and principals.00 given to policy during the last few years is calculated Taking into account the information presented in to promote the separate individual development of the 79. Bantu community and good relations between Euro its preceding reports, as well as that contained in the peans and Bantu." subsequent sections of the present report, the Commit tee has arrived at the following conclusions: From the information available to it, however, the 77. The Committee, in examining the continued trend Committee finds considerable evidence that the "Na tive" inhabitants are opposed to apartheid and to the of the administration, maintains its opinion that the administration of South West Africa, in which poHtica/, strict control measures to which they are subjected in the Territory. Almost without exception, the "Non economic, social and educational rights are governed by European" petitioners ask for a United Nations com the practice of apartheid, operates to the detriment of mission to go to the Territory to investigate the the population, pal,ticularly the UN atiue" ntajorit'j', and situation.t" ChiefHosea Kutako of the Hereros describes is contrary to the Mandate, the Charter of the United the Government's policy as one of "divide and rule". Nations, and the Universal Declaration of Human He 111c1~c~ltes tha~ the "Natives" are not permitted to Rights. The Committee aqain. recommends as a matter h.old a JOInt meeting of the different tribes of the Ter of urgency that the Mandatory Pouier take steps to prac 1"1.1 ~)ry alth.ough they have common problems; each repeal all racia.lly discriminatory legislation and different tribe must meet separately.58 tices in the Territory and that it take urgent measures to revise the existing policies and practices oj "Natirc' .. 70: The application of the policy of apartheid in the administration in a manner which will ensure the fuflil I erruory has also given rise to doubts among the ment oj its obligations and responsibilities und er the Mandate. :'~ Sloe A/AC73/L.12, para. 34. ", Annexes V, VII, X and XXI :;"~ :\nl1cx VI. . 59 The Windlioel: Advertiser, 20 May 1958. 00 The Windhoel: Advertiser, 20 and 24 J une 1958. 14 nr, ECONOMIC CONDITIONS A. GENERAL restricted in order not to overstock the market in the r80. The. gener~l picture of t~le economy of South :Union; and the fear was expressed that, with an increase 'r\ est Africa which the Committee has presented in III the degree of integration of the two countries the its pre\~ious reI~orts remain~ little ch.anged, according Union would regard the Territory as a useful storage to th~ m[ormatl?n. now available to It. The economy, depot from which meat supplies would be drawn when especially when It IS looked at through the eyes of the the conditions favoured the Union. Another complaint .,European" section of the population, can still be de expressed in the "European" community arising from scribed as a buoyant and expanding one which would the closeness of the association with the Union was that appear ~o plac~ the Territory on favourable grounds by rigid import controls in the latter country were also compnrison with other dependent areas in Africa. An applicable to the Territory, contrary to its interests. il~lpor~ant characteristic of the ~c(:ll1omy is its improved 84. The export trade of the Territory was running (h~'el'slt:y: the 15rowth of the 111111111g and fishing enter at a rate of well over £30 million a year by 1954, the prrses, 111 particular, appears to have been such as to last year for which complete statistics were available, diminish greatly the former dependence on agriculture. In. t}mt year, diamonds (£12 million), lead ores (£6.7 The latter is an economic activity not naturally favoured million}, fish products (£2.75 million) and karakul uy rainfall and soil fertility, and, indeed, subject to pelts (£3.9 million) were the most important single serious damage by periodic drought; and although it products. That the export trade has greatly increased represents the productive effort of the numerically larg since then is suggested by the fact that mineral sales est producing group in the Territory it depends far :'eached over £36 million in 1956 and nearly :£31 million more than any other on assistance provided from the In 1957. As from 1 January 1955, however, the previ public funds and the public services. ously separate official trade statistics for the Territory have been incorporated without distinction in the statis 81. Although there have been signs in recent months tics for the Union of South Africa. This makes it im of some falling off in mining revenues as a result of the possible to follow with any precision the development drop in non-ferrous metal prices, they have been coun of the external trade, leaving a serious gap in the in tered by expressions of confidence in the long-term formation on which the actual and potential internal future of the industry. The situation does not detract development of the Territory can be appraised. The [rrun the fact that, taking the economy as a whole, the Committee reiterates the concern which it expressed in value of marketable production is high in relation to its last two reports at the difficulty placed in the way the size of the population; the trade situation is re of its own work by the absence of trade statistics; and: Rarded as favourahle : the existing public debt, owed to it notes that its concern appears to be shared by com the Union of South Africa under liberal terms, is small; mercial interests in the Territory. The President of the and the public revenues are in a buoyant state, under a Windhoek Chamber of Commerce is reported'" to have system of taxation that places a relatively light burden pointed out recently the impossibility, in the absence of on the taxpayers, and very large financial reserves have trade figures, of giving a factual picture of business con been accumulated. ditions, and to have appealed to the Administration to make import and export statistics available again. 82. Minerals, agricultural and pastoral products, and 115h and fish products are the mainstays of the 1110ne 85, According to the opening speech made by the lary economy. The mining industry, which has taken Administrator at the second session of the seventh enormous strides in recent years, overshadows the rest Legislative Assembly (25 March 1957), the economic ill terms both of profit to itself and contributions to the position of South West Africa continued to be sound. public funds. But the Territory is also one of the main Mineral production had increased during the preceding sources of meat for the Union of South Africa; it pro year and prospecting and investigational activities were duces important quantities of butter and other dairy still on the increase. Agriculture also prospered during products for home consumption and export to the 1956-1957 due to excellent rainfall in most parts of the Union : its sheep farmers cater mainly to a very lucra Territory and to good and even improved market prices. ti\'C overseas market for karakul pelts used as "persian" A year later, the President of the Windhoek Chamber lamb or "astrakhan" furs; and fishing on the Atlantic of Commerce felt able to describe the economic coast has developed in a few years into a major export position of the country as very sound. He doubted industry, whether apparent setbacks in certain mining activities would have a disastrous effect on the general economy ~3. It will he seen from these facts that the prosper of the country unless a world depression set in.oB As itv of the Territory depends heavily on the condition of will be shown below, the state of the public finances of external markets, - whether overseas or in the Union the Territory during both 1957 and 1958 appears to of South Africa. Its dependence on the Union .is espe support these confident views. Another indication of cially mar ked in the case of agricultural and livestock the expansion of the economy is given in statistics of l,roriucts where the Territory is vulnerable to fiuctu company registration and finance announced by the Ad at iue dCI~lands and also to the capacity of the Union's ministrator in May 1958.(14 During 1957, 106 local railwavsh system, The Committee notes that "European" companies compared with seventy-three in the previous cattle tarn;ers in the Territory have complained rece~tly, year were regist~re~. Taking into consideratio~ eig~1t ill the local Press and through political representatIves local companies liquidated or struck off the register 111 in the Legislatiw Assembly,"! about the disadval:tages 1957 there are 802 local companies with a nominal (If this reliance on the Union. It was stated that, III the capit~l of .il7,967,OOO, as against 704 with a nominal {'ninn. cattle export permits were dist:ibuted to all applicants. hut that in South West Africa they were 62 Ibid., 21 March 1958. 03 The Windkoel: Advertiser, 21 March 1958. ';1 The i'FilldllOcll Adi-crtiscr, 1 April and 20 May 1958. 84 iu«, 16 May 1958. 15 capital of £16,802,000 in 1956, now registered. One the natura! development of "Native" agricultural and hundred and eight foreign companies with a nominal pastoral production in a basically agricultural and pas capital of over £32,000,000, as against 102 with a toral country-are apparently being fostered, as will be nominal capital of over £25,000,000 in 1956, are also shown below, only to a small extent to ensure the sub registered. sistence of those who cannot or will not hire themselves out as labourers. Moreover, as the Committee pointed 86. The Committee feels bound to reiterate that the out last year, the types of labour open to the "Natives" foregoing impression of the economy of the Territory are not conducive to their further advancement. By its is essentially that seen from the "Europeans' " point of very nature, the farm and household labour into which view. In fact, it is essentially a "European" economy, 1110st of them are brought does not offer either oppor with the important qualification that it depends to a tunity for the development of skills or a means of critical extent on a large and relatively cheap labour accruing capital in useful amounts. In the mining in force drawn from the "Non-European" population. The dustry, where the development of technical skills is industries contributing principally to the present rela normally feasible, the "Native" worker is prevented tive prosperity of the Territory are "European" owned by law from advancing beyond a level little better than and operated enterprises, in which the role of the that of unskilled labour. "Natives" is generally limited to unskilled labour. It is only at this level that the "Non-European" plays any 89. The Committee continues to believe that much significant part in the economy. This is particularly true more could and should be done under the authority of of mining and fishing, and true even of the great bulk the Mandatory Power to advance the position of the of the agricultural and pastoral production which finds "Native" as a producer and to give him the opportunity its way into the export trade, since the majority of the and assistance to acquire capital and skill and play a "Europeans" in the Territory are in fact farmers and progressively more important part in the expanding the major part by far of the marketed produce comes economy of the Territory. It remains convinced that from their farms. the present situation cannot survive the inevitable growth of the aspiration of the "Native" peoples far the 87. By contrast, the greater part of the "Native" better life and the greater dignity which they can population of the Territory lives in the northern areas achieve only by securing a greater share in the economv outside of the Police Zone and, accordingly, far re of the Territory. The Committee wishes to emphasize moved from the main areas of modem economic develop that the Union Government, as the Mandatory, has an ment. These people live largely by their own customs obligation to promote the material welfare of the and traditions and, under generally difficult conditions, "Native" population, and accordingly to provide them by means of subsistence agriculture and the keeping and with increasing opportunities to realize their capabilities. occasional sale of livestock, as will be described more A planned and positive programme for the economic fully below. Their principal access to the monetary development of the "Natives" would require a great deal economy has been through the supply of their labour in the way of financial and human resources, and a to the mines and "European" farms in the north-east larger share in the expenditures from public funds. The ern, central and south-eastern parts of the Territory. initiation of such a programme, however, would, in the The balance of the "Native" population, living in the opinion of the Committee, lead inevitably to the increased Police Zone, is divided between the reserves which, ac future productivity and prosperity of the Territory, cording to the Administration, were set aside for those and without any doubt to its future political stabilitv who can and wish to farm on their own account; the as well. - "European" farms, where they work mainly as farm labourers and domestic servants and in some cases are 90. The Committee accordingly reiterates its previous allowed to grow food and graze a certain number of recommendation to the Mandatory Power that it 1I11dt'r stock; and the towns, again as labourers or minor em toke a planned programme of economic development de ployees in commerce, industry and European households signed primarily to secure for the "Native" inhabilatlts and, in such places as the urban "Native locations", as possibilities for greater participation in the economy of petty traders and artisans. the Territory. It urges the Mandatory Power to under take measures io help the "Natives" to expand their 88. The Committee remains deeply concerned at the production and marketing of dairy products and cattle ; low level of "Non-European" participation in the other to improve and develop the land upon which "Niuioe' wise highly-developed, modern exchange economy of farmers are engaged in these and other forms of agn' the Territory. Conscious not only of the obligations of cultural. and pastoral production,' and to provide ade the Mandatory Power under the Mandate, but also of quate facilities and assistance for training, instruction the importance attached to this matter in other parts and demonstration for these purposes. The Committee of Africa where the United Nations has a particular also recommends that "Natives" be given equal oppor interest in the economic advancement of African popu tunities to enter other productive, trading and business lations, the Committee regrets the conspicuous lack of enterprises and skilled employment, particularly in the progress evident in this respect in South West Africa. mini1fg and fishing industries. It finds no cause to modify the conclusion towards which it tended in its last report that the primary func B. PUBLIC FINANCI!: tion of the "Native" population of the Territory, de termined and defined through administrative policy and 91. The general well-being of the economy is reflected method, is to supply the labour without which the in the Territory's public finances, which show, in gen otherwise essentially "European" economy could not eral, a remarkable expansion during the post-war period. exist at all, and under conditions of cost and regulation From only £2.9 million in 1946-1947, Government without which it could not function as profitably as it revenue increased to £12 million in 1955-1956 and to does in the present forms. Alternative kinds of "Native" over £16 million in 1956-1957. It appears to have in economic activity-in particular what would seem to be creased slightly in the estimates for 1957-1958 but to 16 have f~lIen for 1958-1959; nevertheless, the accumulated be recalled that the integration of the to in ?4. It will als.o financial reserves of the Territory have continued an.d police services of the Territory with those £20 million railway crease to an expected total of approximately of th~ Union has had the result that a portion of the 1959. by 31 March costs l11~urred 111 the Territory are borne by the Union. T~le police force of South West Africa was integrated The estimated revenue for 1957-1958, including 92. With the South African Police in 1939 on the basis of an a balance ~f £6 million carried over, was £17,117,577, paid a fixed sum of personal tax and agreement whereby the Territory after allowing for the abolition of a for a pension fund) sum appro £110,000 per annum. (and £4,000 th~ further liberalization of income tax. The serv~ces, the residual cost being year amounted to to the Union for police priated for expenditure in the same This arrangement continued items were education borne by the Union. £17,077,060, of which the biggest the total cost of police services administration (£771, through 1956 although (.£1,301,910), works (£936,290), steadily increasing and the accumulated cost and telephones (£518730) mis has been 810), posts, telegraphs the Unio~ amounted to £1,879,426 on 31 March (£400,570) and public he;lth (£357, to cellaneons services 1~57.. Effe~t1ve 9n 1 April 1957, however, the con 490). rr:he budget for the current financial year (1958 to be paid of tribution (including pension contribution) 1959) IS reported to show an estimated revenue to £200,000. The total evident~y. part by the Te;r!tory was increased £14,793,~66, t.he drop being due in large Territory in 1955-1956 amounted to attributed cost of policing the to a fall 111 mmera1 sales. The Administrator £332,579, and in 1956-1957 to £367,089. :'~o?servative" natur~ of the current budget to the the West Africa are also the financial structure of the Territory 95. The railways of South ?enSlt1vl!y of witl~ under an arrangement to prices and conditions in the world me;ged those of the Union 111 relation losses in the Territory m~r~ets. Of the total revenue, slightly more than £6 which pe:mlts the operational off against the profits incurred in the million would be used to defray normal administrative to ?e written while the balance of more than £8.5 mil Union. The net loss in 1956-1957, according to the expenditure, General Manager of Railways go to expenditure under the Territorial De annual report of the lion would il,327,255, bringing the aggre velopment and Reserve Fund.?" and Harbours, totalled gate loss since 1922 to :fl6,608,800. In 1957, an arrange 93. The Territory's external debt (to the Union of me~t was entered. into between the Territory and the South ~frica) is light and has been progressively re Union for replacing the narrow gauge line between duced since 1945 to a total of £1,831,500, while at the Usakos and Tsumeb and on the branches to Gootfontein same time the Territory's reserves have been steadily and, Outj0 by a standard gauge. The Administration Explaining the general financial situation of South West Africa agreed to compensate the Union accumulating. at about !o the Legislative Assembly in 1957, the Administrator for the assets to be withdrawn (estimated any difference between the IS reported'" to have pointed out that since 1937, when £720,000) and to guarantee payments on the debt to the Union Government had to losses incurred on the broad gauge line and the losses be suspended temporarily, the Territory had accumu which would have incurred if the line had not been lated assets in the form of buildings, telephone com broadened. munications, bridges, dams, boreho1es, etc., to the 96. As a result of the transfer to the Union of the value of millions of pounds without incurring a single administration of "Native" affairs, the Union now also penny's debt in connexion therewith. On the other hand, bears the financial responsibility for "Native" admin with two reserve accounts each of £2 million, with un istration in the Territory and receives an annual pay used balances in the Territorial Development and the ment from the Territory in accordance with a formula the fiscal Reserve Fund totalling £5,182,222, with loans to based upon past experience of costs. During municipalities, the Land Bank, etc., amounting to ap years 1955-1956 and 1956-1957, the payments by the Government for "Native" proximately £9 million and with the balance available Territory to the Union Fund, it was estimated that administration amounted to £95,801 and £102,394, re in the Fanning Interests spent £74, as at March 1958, in one spectively, of which the Union Government the Administration would have In addition, form of reserve or another, a grand total of more or less 161 in 1955-56 and £85,520 in 1956-1957. the Territory contributed an annual fixed amount of .£19 million for future contingencies. (This figure has 1959.) In £50,000 to the Union Government for the development been revised to .:£20 million as at 31 March This sum is required amounts total of "Native" areas in the Territory. addition, the Administration had loaned South African Native Trust and to the Land by law to be paid into the ling about £9 million to municipalities and may only be spent for "Native" areas in and others. Although Fund Bank, the Fisheries Corporation South West Africa. Information concerning the ex some of these investments, e.g. loans to municipalities, incurred by the South African Native Trust put at the penditure were repayable in instalments only, and funds Fund is not yet available to the Committee. disposal of the Land Bank were not usually repayable, stated the Administrator, that 97. The Committee again finds it impossible to deter it must be borne in mind, what extent the "Non were provided from Admin mine with any precision to the investments concerned benefits directly, not to mention current revenue, without the European" population istration funds out of expenditure in the Territory. If any debt. In other indirectly, from public Administration having incurred were the objective of policy, assets which had been the integration of the races words, they were considerable how remote its achievement, there would be and which the Adminis no matter built up by the Administration, attempt such a distinction and, indeed, it if necessary, but less need to tration could use not only as security, said that all main items of public expendlture moreover, re could be also to borrow corresponding amounts; were for the ultimate benefit of the population as a to cover ceipts from such investments could be used whole. The annual public accounts of South West interest and/or instalments on such loans. Africa-for example those for the financial year 1956 1957-show that apart from the cost of the adminis May 1958. 6fI The Wisuihoek: Advertiser, 16 and 17 tration and the postal and telegraphic, customs, prisons, 60 The Windhoek Advertiser, 10 May 1957. 17 justice and other services which may be said to be of also in the northern part of the Territory: the mining of general application, the major part by far of the public lead-copper-zinc concentrates at Tsumeb. In 1957, ten funds available are used in areas and for purposes of oil concessions embracing well over half of the Territory primarily "European" interest. The contribution of just were granted by the Administration. The areas of the over £152,000 for "Native" administration and the concessions are two farms in the Maltahohe district· development of "Native" areas, while not representing the entire northern part of the Territory above 20'; the total direct expenditure for the benefit of the "Na south latitude j two groups of six and fourteen farms tive" population, may be compared, for example, with in the Gibeon district; an area from near Cape Cross £211,782 spent by the Department of Agriculture on through the centre of the Territory including portions services primarily for "European" farmers; with of the Okahandja, Omaruru and Gobabis districts and £450,000, recoverable in part, spent on "European" land the eastern "Native" reserves; parts of the Keetman settlement and development; and also with the large shoop and Gibeon districts north of Keetrnans and reserves available in the form of advances, loans and Aroab ; three sections of the coast from the Kaokoveld grants for other services and activities of particular in to Walvis Bay; and part of the Stampriet-Mariental terest to "Europeans". area." 98. The Committee stated in its previous report that 101. The mining industry as a whole maintained its it regarded such facts as these as revealing indices of rate of development during 1956 and the first half of the inequality of treatment as between the interests and 1957. In 1956, minerals yielded £34,795,175, or 16.5 mil the well-being of one section of the population and lion more than in 1955. The industry provided work for those of another, and as the logical consequence of the 2,032 "Europeans" and 11,637 "Natives", according to practice of apartheid, based as it is on both separate and the Administrator in a statement before the Legislative unequal treatment. It remains of the opinion that this Assembly j09 £2,783,674 was paid out in wages and differentiation of treatment cannot be justified by any £5,467,425 devoted to local purchases, equipment, trans possible difference in the stages of development of the port and customs dues. Sales of gem and industrial various races, and is contrary to the Purposes and Prin diamonds realized £17,609,488, this being £2,583,607 in ciples of the Charter and to the Universal Declaration excess of the figure for the previous year. The yield of Human Rights. If it appears that the direct con obtained from the lead-copper-zinc concentrates at tribution of the "Non-European" peoples to the public Tsumeb also increased considerably; sales in 1956 revenues is relatively small, it must also be said that realized £14,629,545, compared with £11,781,962 in the the indirect contribution which they have made, and previous year. continue to make, to the general economy both as con sumers and through their labour is an important one. 102. Reporting a year later on the state of the indus Moreover, their direct contribution to the economy try in 1957, however, the Administrator stated that could be expected to increase with every effective step although it maintained its rate of development during taken to improve their productivity and to raise their the first half, a considerable decrease in the price of the standards of living. base minerals took place, and activities had to be cur tailed considerably during the latter half of the year.?" Total sales amounted to £30,708,894, or £4.09 million C. MINING less than during 1956. Between January and December, 99. The most valuable natural resources of the for example, copper fell from £265 per ton to .£171; lead Territory are minerals, and among these diamonds hold fr0111 £116 to £72; and zinc from £103 to £62. Sales of the foremost place in the economy of the Territory. gem and industrial diamonds realized .£16,861,328, com Until recently they have been mined mainly in the pared with £17,609,486 during 1956-a decrease of south-western portion of the Territory towards the £748,158. The yield obtained from lead, copper and zinc Atlantic Coast. In 1957, a concession was granted over concentrates at Tsumeb was £10,902,139, compared with a long stretch of the seashore itself, below the high-water £14,629,545 during 1956. In direct diamond taxation, marks, in the area known as the Sperrgebeit, north of excluding income tax, the mining industry yielded the Orange River. This concession has been the subject £1,686,134 in diamond export dues and £1,843,419 in of competing claims before the courts. In the previous profit tax. Claim and licence fees, etc., amounted to year, moreover, a major discovery of diamond deposits 120,790. was made in the northern part of the Territory, on the coastal area of the Outjo district known as the 103. The Administrator stated that there was at "Skeleton Coast," about 300 miles north of Walvis Day. present no indication that there would be a considerahle In the initial "strike", more than 200 diamonds, mostly rise in the prices of base minerals in the near future. of small size, were found by prospectors in a matter of Consequently, a further decrease in the yield from the hours. The significant feature of the find was the dis mining industry must be expected during the coming covery in one pit of a band of oyster shells four feet year. Nevertheless, he added, prospecting continued below the surface which led to the belief that the unabated and on a large scale, not only for the usual deposits arc a part of the rich Merensky line of diamond minerals but also for oil. Numerous strong Union of yielding marine terraces which may extend south from South Africa and foreign mining concerns were show the Orange River. Prospectors were reported to be of ing the greatest interest in the mining potentialities of the opinion that rich deposits would be found when the Territory. the old sea terraces further inland were uncovered. Fol D. AGRICULTURAL AND PASTORAL PRODUCTION lowing the discovery, diamond syndicates were reported in September 1957 to be offering huge slims for options 104. The more important agricultural and pastoral on farms in the area." production which is marketed-s-mainly the output 0 100. The other most important mining enterprise IS G8 South West Africa, Official Gazette 2106. 09 The Windhoek Atiueriiser, 10 May 1957. 01 A/AC.73/L.l2, para. 61. 10 The Windlioel: Advertiser, 16 May 1958. 18 "European" farms-comes from the southern and cen applicant would be £600. for a period of six years, tral sections of the Territory and also from the northern repayable 111 half-yearly instalments beginning a year section to the south of Ovamboland. The farmers raise after the loan had been granted. small stock in the south and central sections and in the north-west. Mixed farming is carried on in the central 107. Such facilities as these do not appear to be open and north-western sections, whereas cattle farming to "Non-European" farmers whether in the reserves alone can be undertaken in the eastern section of the within the Police Zone or in the tribal areas in the central area and in the north-east. north. The "Non-European" farmers are, in fact, physi cally. separated from the areas where the principal 105. The most important product is the pelt of the farmmg assistance measures and services are in force. karakul lamb, but slaughter stock is also kept by the The Administration has stated that the reserves in the karakul farmers. The production of pelts amounts to Police Zone offer the "Natives" opportunities to use about 3 million per annum, valued at about £6 million. land on terms far more advantageous to themselves Adding the value of the small stock exported and that than if they were to buy or hire land outside the re of wool or karakul hair production, the total export serves. They have been encouraged to increase their value of the sheep industry has been estimated in recent production and to improve their own living conditions years at approximately £7.5 million. From the central but by means which seem to fall far short of the assist and northern cattle farms and ranches about 200,000 ance given to "European" farmers. In the cattle areas, head of slaughter stock are exported annually, mostly separators have been supplied to "Native" families or to the Union, and over 7 million pounds of butter groups of families and, under the supervision of the similarly exported. Including also wheat, maize, Administration's welfare officers, have been kept clean vegetables and meat and butter locally consumed, the and hygienic, and transport has been organized to bring total value of agricultural and pastoral production has the cream to the nearest creameries. The Administration been estimated at about £13 million a year. The following has stated that as a result of this scheme and from the data on exports of livestock and livestock products proceeds of sales of cattle and hides also organized by illustrate the situation in recent years in greater detail: the Administration the producers in the reserves re ceived approximately £400,000 in 1955. (This remains 1953 1955 1956 the latest, and only, figure available to the Committee Cattle: (number) ...... 174,174 199,180 206,411 which would indicate the monetary value of the entire £5,270,290 (value) ...... £3,891,246 £4,608,358 "Non-European" rural production of the Territory.) Karakul pelts; (number) 2,838,422 2,864,246 2,802,927 (value) ,. £5,038,199 £5,728,492 :£5,605,854 The annual rates and other taxes payable by "Natives" Small Stock: (number) .. 60,819 158,828 141,235 and grazing fees for which they are liable in respect (value) ... :£317,656 :£282,470 of stock kept by them are paid into Trust Funds which, Bl1tte~ (lb.) ...... 7,200,064 8,132,892 7,481,201 supplemented by territorial funds amounting to :£50,000 Cheese (lb.) ...... 439,334 286,887 232,087 per year, are applied to the economic development of the reserves. Similar Trust Funds have been established 106. The "European" farming industry receives as in the tribal areas in the north. The drilling of wells sistance in various forms from the Administration or and boreholes to provide water supplies appears to have from services established by it, including assisted settle been the principal economic service provided in the ment, the development of water supplies, loans and "Native" areas by the Administration, which also has advances from the Farming Interests Fund, the four agricultural officers advising the Native farmers Farmers Special Relief Scheme, Breeding Stock Ad 011 the best means of veld management and stock im vances and the facilities of the Land and Agricultural provement. In the northern areas they also advise on Bank, the promotion of karakul marketing, the con~rol better methods of production of the subsistence crops of dairy prices, experimental farms and other services and on the introduction of new crops. of the Department of Agriculture. Some indications of the scale of this assistance can be given. According to 108. In attempting to evaluate these general descrip the annual report of the Board of the Land and Agri tions of Administration activities, the Committee con cultural Bank for the year ended 31 March 1957, loans tinues to find it difficult to measure the exact extent of such assistance to "Native" agriculture, or of its results and advances of all types were represented by a total in terms of higher productivity and improved standards capital of £5,320,261. The Administration made amounts of living. It was able, before the transfer of "Native" of £750,000 and .£250,000 available to the Bank during administration to the Union Government on 1 April the year, plus an amount of £400,000 brought forward 1955, to identify specific items of expenditure on meas Irom the previous year, making a total of £1,400,000. On ures of direct benefit to "Native" farmers, such as 31 March 1958, according to a statement by the Ad small irrigation works, demonstration plots and rice ministrator,"! the Farming' Interests Fund stood at experiments-as well as items different in character, £1,309,117. Of this amount, £285,654 had been granted such as those relating to the removal of "Natives" from to farmers in the form of loans and partly paid out to bala~ce certain areas and to the encouragement of "Native" them, and the greater part of the of £1,023,4?3 labour recruitment-but it is not yet in possession of had been invested on a temporary baSIS but was avail information which would enable it to judge the detailed able for the purpose of the fund. The Ex.ecutive Cot;J c1eclde~l trend of these activities under the new system. How 111 itree of the Legislative Assernbly earlr m ever in the light of its present knowledge, the Corn 1958 that, as in 1953, financial help would agal11 be given mittee has not been encouraged to believe that any new to landless farmers." The purpose of the scheme was and energetic steps have been taken or are contemplated reported 10 be to assist bona fide farmers to strengthen to stimulate "Native" productivity. It therefore draws their farming so that they could make a decent living attention to the recommendations which it has reiterated out of it. The maximum amount to be granted to each at the end of the introductory section of this account of economic conditions in the Territory, and to com 71 The Windhoek Advertiser, 16 May 1958. ments which it has made in regard to public finance. 7:1 The Windhock Advertiser, 17 January 1958. 19 109. Evidence that over-grazing has led to the deteri in the north-western and north-eastern portions of the oration of the land in at least some of the "Native" extended Police Zone.Is reserves makes even more urgent the need for positive efforts to help the "Native" farmers improve their pro 112. The Committee has in its previous reports to duction. The Territory's Soil Conservation Board, al the General Assembly expressed its concern at the dis though mainly engaged in assisting "European" farmers, proportionate areas of land in the Territory allocated to "European" settlers and to the "Native" majority, re has in recent years undertaken an experiment in soil spectively. It reiterates its previous recommendations in conservation in "Native" reserves, beginning at Ovitoto where over-grazing was reported to have become a this connexion. and urges that immediate steps be initiated to ensure that the "Non-European" majority serious problem. The reserve was divided into fenced areas, each supplied with water for the stock, in order shall not be deprived of the land necessary for their to establish a rotational system of grazing and to ensure present and fu,lure needs, based inter alia on the natural that pastures would be available during difficult times growth of population and on the principle of full partic of the year. Nevertheless, according to the information ipation by the "Non-European" population in the eco before the Committee, this scheme has given rise to nomic development of the Territory. fears and suspicions among the "Natives" concerned. 113. One of the results of the progressive extension Chief Hosea Kutako and other Herero leaders have of the Police Zone, which in the central portion of the stated?" that if the grazing is finished in a particular Territory now borders the Northern Native Reserve area before the period of time specified, the people of of Ovamboland, has been to decrease the formerly Ovitoto, a Herero reserve, must seek permission to go large areas available to nomadic Bushmen, The Union to another reserve, presumably the Eastern "Native" Government has recognized the right of the Bushmen reserve south of Ovitoto, in order to find grazing for to live on that land, but because of the decreasing sizeof their cattle. They fear that the motive of the plan of the areas available to them and the increasing difficul rotational grazing is to induce the people of Ovitoto to ties for Bushmen to sustain themselves, the Administra leave the reserve peacefully in order that the land can tion has been studying the possibility of placing them be given to "Europeans" and they state that about fifteen in a special reserve. The Committee feels that every villagers left Ovitoto because they were afraid of this concern should be shown for the survival and welfare system. 'While recognizing the need for taking proper of this ancient race, and expresses the hope that the soil conservation measures, the Committee hopes that Administration will seriously consider the problem and these measures will not be carried out in a discriminat act in the best interests of the Bushmen. ing manner or in a way which would increase the insecurity felt by the Herero people in relation to their 114. The Committee has previously drawn the atten land. It believes that the people are entitled to every tion of the General Assembly to the fact that the demand assurance by the Administration that the objective of for land by "European" settlers exceeded the supply of the conservation measures is to improve the land for unallocated Government lands in the Territory and their own benefit, that there is no intention to make had led to encroachments upon lands reserved for any of the land available to "Europeans", and that any "Non-Europeans" within the Police Zone.I" During the persons who have felt compelled to leave the reserve period under review, further information has become will be free to return to it. available concerning the proposed alienation of land in the Aminuis "Native" reserve and the abolition of E. LAND ALLOCATION AND ALIENATION the Hoachanas "Native" reserve. 110. The allocation of land in the Territory, according 115. In the Aminuis "Native" reserve, it will be to the Committee's previous findings, reveals the un recalled," the Government had proposed to alienate a equal treatment accorded to the "Native" majority as portion of the reserve, which, according to Chief Kutako, compared with the "European" settler community. As of was the best grazing area in the reserve, in exchange the end of 1957, 20,424,489 hectares, or 78,841 square for land comparable in size situated in the "corridor" miles of land, had been allocated as "proclaimed" "Na between the reserve and Bechuanaland. The Committee tive" reserve lands throughout the Territory; land so had expressed its surprise at this proposed exchange, classified may be alienated only with the approval of since the Administrator of the Territory in 1933 had the Union Parliament and on condition that a com informed Chief Kutako and the people of Aminuis that parable area of land is set aside exclusively for Natives the entire corridor would be added to the Aminuis re in exchange for any land alienated. A total of 37,578,865 serve, an undertaking confirmed by the Union Govern hectares, or 145,055 square miles had already been ment's reports to the League of Nations. The Committee allocated for "European" farms by the end of 1952, draws attention in this connexion to the extracts from when there were 5,041 such farms, and further alloca the former Administrator's statement contained in a tions of land for "European" settlement have been made memorandum from the Reverend Michael Scott.f" Chief since that time. Kutako and others had objected to the proposed ex change and informed the United Nations, the Chief 111. As a result of the continuing demand for farms Native Commissioner, the Union Minister of Native by "Europeans", the Police Zone boundary has been extended northwards from time to time to open up Affairs and the Administrator of their reasons for new areas for "European" settlement. During 1957, doing so. an additional seventy farms, ranging in size from 2,500 116. The Committee has now received from Chief hectares to 24,107 hectares, were offered to "Euro Kutako copies of his subsequent correspondence with peans", under a system of lease with option to purchase. Fifty-four farms, with an aggregate area of 580,000 74 See A/AC.73/L.l2, para. 46. hectares, were in the Outjo and Grootfontein districts 75 A/3626. annex I, paras. 69-87. 76 A/3626, annex I, paras. 80-81. 73 See annex VII. 77 Annex VI. 20 - the Union Department of Native Affairs.I" According United Nations purported copies of the summons issued to these papers, the Department of Native Affairs in to one of the inhabitants, the minister-teacher of the formed Chief Kutako that the exchange of land, though African Methodist Episcopal Church. Because they ob advantageous for the people of Aminuis, would not take jected to the issuance of a summons solely to him, when place in view of the objections made by the Chief and all of the people had refused to vacate Hoachanas as his people. Replying to a request made by Chief Kutako ordered, they returned the summons to their attorney that the "corridor" be added to the reserve, the De and requested that the summons be served on all the partment said of this land that "no doubt whatsoever people of Hoachanas, The petitioners have alleged that, exists that it has always been and still is at the disposal prior to court action, they were subjected to a .series of the South West African Administration for white of pressures by the surrounding farmers, including a settlement, and that you and your tribe have no legiti member of the Legislative Assembly from Rehoboth, the mate claim to it". The letter also noted that the exchange police at Derm in the Rehoboth District, and the Admin of land originally proposed would have "meant a sub istration, in order to force them to leave Hoachanas. stantial sacrifice by the Administration". The Admin They also claim that their membership in the African istration had been delayed from "using its expensive Methodist Episcopal Church is looked upon with dis developments by settlement as contemplated for more favour by the "Europeans" and that this contributed to than five years" while the Minister had tried to convince the reasons for the attempts made to remove them from Chief Kutako and his people of the "wonderful oppor Hoachanas. By letter dated 31 July 1958,81 the peti tunity" available to them in connexion with the exchange tioners informed the Committee that the High Court of land. The possibility of any exchange or acquisition decision had been taken in favour of the Administration ofany part of the "corridor" by the people of Aminuis and that the people of Hoachanas had been informed was now ended for all time, the Department stated, and by officials that the Administration would accordingly the Administration was at liberty to allot the "corridor" take steps to effect their removal to Itsawisis, land far to "European" farmers and would immediately proceed inferior to that of Hoachanas, as noted in the Commit to do so. tee's previous report to the General Assembly.f" The petitioners state that they were not represented in the 117. Chief Kutako, in reply to the Union Minister court case. They also claim that Hoachanas, including of Native Affairs, expressed pleasure at being informed the present area of the reserve and a further 36,000 that the exchange of land had been abandoned, but hectares, was reserved to them by treaty with the former observed that the "corridor" had been a part of their German administration and quote a statement'" in a reserve since 1925 and that the people of the reserve book by the former German Governor, Mr. Leutwein, to had drilled seven wells in the area and grazed their substantiate this claim. cattle there. He reviewed the history of the land, recall ing repeated requests made to the Administration for 119. Pending further study of the situation of H oach the addition of the corridor to the Aminuis reserve so anas by the Committee at its next session, the Commit that the Hereros living on "European" farms could be tee urges the Union Government and the Administration allowed to come into the reserve. Again in August 1955, to take all steps necessary to ensure that the people of when the Minister and the members of the Union Na H oachanas retain their traditional homeland and to tive Affairs Commission, including the Administrator investigate the claim of the Names to the surrounding of the Territory, had come to Okakarara.?? the people land. ofAminuis had repeated their request. They had there The Committee reiterates that it considers as inad fore been surprised to receive in 1956, on instructions missible the practice of allocating to the "European" from the Union Minister, the proposal for an exchange minority progressively increasing areas of land to the of land, and continued to maintain that the corridor detriment of the "Non-Europeom" majority of the was a part of their land and ought not to be given to Territory. It urqes that the land policy applied in the "European" farmers. In concluding his letter, Chief Territory be revised with a view to ensuring a more Kutako observed that "the whole world knows that it equitable distribution of land to the "Naiioe" majority is our land because the Union Government informed the and affording them security of tenure on the lands League of Nations in 1933 that the corridor was to be they occupy. added to Aminuis", Noting with gratification the decision by the Govern 118. The Committee has also previously informed the ment to suspend the proposed eschonqe of land in the General Assembly that the people of another "Native" Aminuis Native Reserve in accordance with the wishes reserve, the Hoachanas, might be moved to inferior of Chief Kutako and the people of Aminuis, the Com land following pressure from "Europeans" in the area mittee expresses the hope that the Administration 'will surrounding the reserve. The reserve, 14,254 hectares initiate the measures necessary to add to Aminuis the in extent, is the traditional headquarters of the Rooin land situated in the corridor between the reserve and asie Narna people and situated in one of the best farming Bechuanalasui, in accordance with the commitments areas of the Territory. Since some of the inhabitants made by the Union Government to the people of refused to leave the reserve and disputed the legality of Aminuis and to the League of Nations. the notice served on them by the Administration, order ing them to vacate by noon on 31 December 1956, the 81 Annex V. Administration has brought the matter before the High 82 A/3626, annex I, para. 77. 8o 83 As quoted by the petitioners: "Das nachste Reseryaat ward Court of South West Africa for a declaration of rights. in Hoachanas den daupt-orde der Roten, Nation gebiltet, Dart Nama residents of the reserve have forwarded to the wurde 1902 cler Platz selbst mit einem Pflachen inhalt van SO 000 Ha fiir unverauserliches Eigenturn des Stamrnes erklart." 78 Ibid. ("The next reserve was in Hoachanas, headquarters of the 7G See para. 76. Red Nation [i.e., Rooinasie]. There, in 1902, a totalof ,,50,000 80 See AIAC.73/L.12, para. 47. ha. was declared the inalienable property of the tribe, ) 21 IV. SOCIAL CONDITIONS A. GENERAL the same for Africans as for Europeans, whose wages were far greater. 120. Social conditions in South West Africa do not appear to have changed fundamentally since the last 125. The. "Native" labour force continues to be report of the Committee. In their main aspects they are almost entirely confined to unskilled work, since oppor largely governed by the policy of racial separation which tunities for training in skills are not provided and posi accords a superior status to the "European" population, tions of responsibility are in any case reserved to "Euro limits relationships between the races principally to peans" both by law and by administrative regulation and those necessary to maintain a flow of "Native" labour practice. In addition, as previously reported by the to the farming, mining and other industries, and en Committee in some detail.f" "Native" labourers are courages the remainder of the "Native" population to subject to strict controls, and are liable to penal sanc lead a separate existence under tribal conditions. tions for a number of offences. These include desertion before the completion of their contract periods, one of 121. Social services are provided to the population the more serious offences under the labour legislation under separate conditions and on differing scales ac in force. cording to race. The social legislation of widest impact is that related to "Native" labour, whether directly by 126. The right of "Natives" to continue residing in regulating its conditions and restricting its scope or most areas of the Police Zone is, moreover, largely gov indirectly by such measures as the control of residence erned by their continued employment and by the labour and movement. requirements of a given area. Much of the labour 1egisla ~ion in force in the Territory'" is designed to overcome, 111 some cases by compulsory methods, the shortage of B. LABOUR labour in the Territory. Thus, in "Native" reserves in 122. "Native" labour, which forms the bulk of the the Police Zone, with the exception of the Berseba and labour force, is recruited both from within the Police Bondels reserves, and in urban areas "European" of Zone and from the northern "Native" areas of Ovam ficials have been authorized since 1952 to search out boland and Okavango as well as extra-territorially any "Native" who has insufficient honest means of sup from Angola. A large proportion of the labour force port or is leading an idle existence; such a "Native" comes from outside the Police Zone, where only one may be forced to take up employment on essential pub organization, the South West Africa Native Labour lic works or services either inside or outside the reserve Association (SWANLA), an Administration-sponsored or urban area. If convicted under the Vagrancy Procla organization, is allowed to recruit. mation, he may alternatively be forced into private em ployment with a designated employer. 123. The "European" farming industry was reported in 1958 to have provided employment for 25,767 labour 127. While "Native" reserves are regarded as labour ers, 'of whom 15,948 were "Natives" of the Police Zone reservoirs, in urban areas the residence of "Natives" is and 9,819 were recruited for work, mainly in the north based on the immediate labour requirements in the ern districts of the Police Zone, from outside the Police particular areas, and if the number of "Natives" in a Zone; there was a shortage of 10,817 labourers on given urban area should exceed the reasonable labour fanns.84 The mining industry in 1956 provided work requirements, the surplus "Natives", including perma for 2,032 "Europeans" and 11,637 "Natives", most of nent residents of the area, may be forced to leave. Dur ing the continued labour shortage, however, this provi the latter being Ovambo.B5 A large number were also employed in the fishing industry (which in 1953 gave sion of the law has not been applied. Under existing work to 3,500 "Non-Europeans"}, in other industries conditions, "Native" men living in an urban area are and towns in the Territory, on road works, and by the required by law to have contract receipts showing that South African Railways and Harbours Administration.s" they are working, and if unemployed for one month they are subject to ejection from the area. Those entering 124. As previously reported by the Committee.s? the area, unless exempted or visiting with permission, wages for "Non-European" agricultural and mining require a permit to seek work, valid for a limited period, labourers recruited by the South West Africa Native during which they must either find work or leave the Labour Association range, depending on the class of area. The Committee takes note, however, of a relaxa labour, from 20 shillings to 65 shillings per month with tion in the regulations governing "Native" women rations, during the first year of the labour contract residents of urban areas during 1957°1 by the repeal of ~ith increments at the rat~ of 5 shillings per month every a regulation requiring every "Native" woman other SIX months for the duration of the contract. According than the wife or other bona fide dependant of a to a petitions" from Chief Hosea Kutako and other "Native" employed in the area to produce proof to the Herero leaders, wages for Herero men in Windhoek location superintendent each month that she was em where the pay was highest, ranged from £6 to £10 pe; ployed. The regulation had rendered her subject to month, a few receiving £12 per month, and for women eviction from the area if she was unemployed for a from £1.10s. to £3 per month. In other towns, they continuous period of fourteen days. stated, wages were lower, ranging for men, in three 128. Rural areas of the Police Zone other than "Na towns cited, from £1 or £1.10s. to £2. or £3. per month, tive" reserves are deemed "European" areas, irrespec- without rations. On the other hand, the petitioners stated, prices of clothing, food and other goods were 80 See A/3626, annex I, paras. 105-115. 90 Including the Master and Servants Proclamation 1920, 84 Die Suidwes Afrikaner, 27 May 1958. Control and Treatment of Natives on Mines Proclamation, 1917, 85 The Wiltdhoek Advertiser, 10 May 1957. Natives (Urban Areas) Proclamation, 1951, Native Adminis so AIAC.73/L.1O, paras. 357-361. tration Proclamation. 1922, Extra-Territorial and Northern 87 A/3626. annex I, para. 102. Natives Control Proclamation, 1935, all as variously amended. 88 Annex VII. 01 AIAC.73/L.12, para. 75. 22 e of the greater number of "Non-Europeans" living employed in mines. In its last report, the Committee such land, and any "Natives" living on land allocated described new regulations which in effect barred "Non a "European" settler may be required by the latter European" workers, not only from any managerial post work for him or to leave the land. All male "Natives" in a "European" mine, but also from such lower posts as ing on "European" farms must be employed by the those of shift boss, ganger or worker in charge of ma 'mer, who must obtain Government permission to chinery. It continues to consider such legislation, based iploy more than ten male "Natives" over eighteen exclusively on racial differences, to be completely con ars of age all the farm on which he resides or more trary to the letter and spirit of the Mandate. In this in five on any other farm. connexion, the Committee wishes to recall certain ob servations made by the Permanent Mandates Com 129. Ovambo and Okavango "Natives" coming into mission in 1928, and endorsed by the Council of the ~ Police Zone under labour contracts may remain in League of Nations, after having noted that "colour-bar" ~ Zone only for the duration of their labour contract legislation of the Union of South Africa was being riods, normally two years, after which they are applied in South West Africa in so far as employment quired to return to their homes. To ensure that they under the Administration and in the railways was con turn and do not become separated from their tribes, cerned. The Mandates Commission expressed the opinion system of central registration of all recruited labourers "that this Act, the effect of which is to limit the occupa rm outside the Police Zone was initiated in 1951. tions open to native and coloured workers and thus place 130. Since the transfer of Native administration to them at a disadvantage with white workers in the area e Union Government in 1955, a detailed account of under mandate, is based upon considerations which are penditure in respect of "Natives" has not been pub not compatible with the principles laid down in the ly available. Until that time, however, there was Mandate'U" .penditure from the territorial budget to promote the 134. The Committee is deeply concerned that the cruiting of "Natives" in the northern areas outside limitations and controls placed on "Native" workers e Police Zone; to trace Ovarnbo deserters, who, if have become increasingly severe, particularly in recent und, were subject to imprisonment with hard labour years. The Committee therefore again reiterates its previ rd to the completion of their full contract periods with ous recommendations for the, revision oj labour legis e same employer whom they had left; and to lation in the Territory and the improvement of condi move "Natives" from urban and rural areas.P . tions of labour. As a first step toward the improvement 131. The effects of the system of labour recruitment oj labour conditions and the relaxation oj Government Id the accompanying restrictions on the freedom of controls over "Non-European" workers in the Territory, .sidence and of movement have been the subject of the Committee recommends that workers be given the .veral complaints received by the Committee. Accord jreedom to seek employment with employers oj their g to the petitions received by the Committee, os mainly choice. om Ovambos, the recruits are not allowed to choose ieir employer but are forced to go where they are sent . C. FREEDOM OF MOVEMENT .s a result, the petitioners state, some "sneak away" 135. The Committee has in its previous reports ad must then walk hundreds of miles to return to drawn the attention of the General Assembly to the rvamboland, suffering many hardships. Those caught severe restrictions placed on the freedom of movement efore they reach their destination are fined £10 or of "Non-Europeans" in the Territory, and particularly mtenced to six months' imprisonment with hard labour. the "Native" majority, as well as to the extensive con >tbers, who may wish to stay in the Police Zone after trols established to ensure the application of the restric reir contract periods are up, are nevertheless forced tions. Many of these restrictions and controls are, as ) return to Ovarnboland. According to one petition.s" noted above, largely related to the labour requirements >vambo who had lived for a considerable length of of the "European" community. Considering them as a me in the Police Zone were being forcibly repatriated. whole, the Committee finds it impossible to regard them 132. The Committee has in the past drawn attention as compatible with the social, moral and material welfare ) the stringent control measures which are applied to of the "Native" inhabitants of the Territory and there Native" labour in the Territory. It has recommended, fore with the "sacred trust" undertaken by the Union nd continues to recommend, that every effort should be of South Africa when it accepted the responsibilities of iade to promote awareness in the Territory of the the Mandate. undarnental principle that labour is not a commodity, 136. Within the Police Zone, the "Native" inhabi nd that the labour laws of the Territory should be tants, who numbered about 172,796 at the end of 1957 ltered to conform to the standards approved by the according to the records of District Magistrates as re nternational Labour Organisation for non-metropolitan ported in the Press, are subjected to a complex pass sys 'erritories and to the principles of the Mandates Sys tem: the main law governing their administration is em, It has recommended that penal sanctions for the officially described as the "principal pass law" .06 Permis reach of labour contracts be abolished and that "Na sion must be secured to reside in a "Native" reserve, ve" workers be given the same legal rights to organize "Native" location, or elsewhere as a labourer. Unless nd to participate in conciliation and arbitration proceed specially exempted and in possession of a pass to prove 19S as other workers in the Territory. it, a "Native" in the Police Zone, or a "Coloured" person 133. The Committee has also deplored the enactment living in a "Native" area, is required by law to obtain "1 1956 of further discriminatory legislation to prevent a permit, whether from his employer or an authorized he advancement of "Native" and "Coloured" workers official, to, leave the particular area in which he is per- 02 AjAC.73jL.10, para. 454. 05 Fourteenth session of the Permanent Mandates Commis 03 Annexes IX and X. sion; League uoc.C.S97,1928.VI. 04 Annex XI. 06 Native Administration Proclamation, 1922. 23 4,,;" rnitted to live; a permit to buy a railway ticket; and a tory and the Union of South Africa, whereas the bor permit to enter any area, including a "Native" location ders of the Territory are closed to "Non-Europeans" Or "Native" reserve, except the one in which he resides. except on individual permit, 137. Even within "Native" reserves, "Natives" re 140. The Committee has previously observed that the quire permission, inter alia, to change their residence strict regulation of the lives of the "Native" inhabitants within the reserve, to build a hut and to hold a public of South West Africa is to be regarded as an inherent gathering or assembly with other "Natives". On the part of the policy of administration, and it has stated other hand, under the Native reserve regulations, they and reiterated the opinion that the existing restrictions may be required to change their residence or to gather on the freedom of movement are in flagrant disregard in public assembly whenever ordered to do so by an of the principles and purposes of the Mandate and of authorized official. The Committee regrets to have to the Universal Declaration of Human Rights. report that the regulations governing the control of 141. T he Committee deeply deplores the continued "Natives" in "Native" reserves in the Police Zone other existence and enforcement of these restrictions and urges than the Berseba and Bondels reserves were made more the M andatory Power to reuise the legislat·ion applicable stringent during 1958, when the "European" reserve in the Territory with a view to tepealing such discrim superintendent or Native Commissioner for each reserve inatory and oppressive restrictions on the freedom of was authorized to make the permit required to encamp, movement of the majority of inhabitants. reside in, be within or enter a HNative" reserve "sub j ect to such conditions as he deemed fit". Before that time, the-intricate controls which could be exercised over D. PUBLIC HEALTH "Natives" in "Native" reserves were limited to those 142. During 1956-1957, medical expenditure in the spelled out in the governing legislation. At the same Territory increased from £242,547 in the previous year time, the maximum fines for contravening the various to £302,966. The main items of expenditure in 1956 regulations have been increased from 1.2 to £5 for a 1957 were salaries, wages and allowances (t57,014) , first offence and from 15 to £10 for a second offence. drugs, equipment, sera and vaccines (£68,986); subsi For contravening the conditions laid down by the super dies to state-aided hospitals (£59,074) and maintenance intendent or Native Commissioner in the above-men of "Native" hospitals (£36,013). In the previous year, tioned permit, however, or for entering or being in a the amounts spent had been £49,195, 147,279, £44,560 reserve without a permit, the fine is fixed at a maxi and £36,472, respectively. As a result of a diphtheria mum of £25 or three months' Imprisonment.f" In the epidemic in Ovamboland, the amount spent on drugs, northern areas, "Natives" in the Ovarnboland and the equipment, sera and vaccines during the year 1956-1957 Okavango Native reserves are not allowed to go out of exceeded the appropriation (£45,000) by £23,986.102 their respective reserves without permission and no one other than residents may enter the areas without per 143. Two Administration medical officers continue mission. The "Non-Europeans" living in the northern to be stationed in Ovamboland, and one of them also areas, reportedly numbering 238,487 at the end of 1957,~s makes visits to the Kaokoveld, Another is stationed in are allowed into the Police Zone only on permits, which Okavango. Within the Police Zone, district surgeons, are normally restricted to male contract labourers, who may have private practices, are employed by the Administration on a part-time basis and their terms of 138. Petitions'" dated 27 November 1957 and 29 appointment provide for free medical attendance on July 1958 from Chief Kutako and other Herero leaders indigent "Natives". During 1957, vacancies existed for suggest that the pass system may apply in some degree six district surgeons.l'" even to children; the Chief states that school children have to obtain passes from their schools before they leave 144. Hospital facilities in the Territory include state the towns in which the schools are situated. He further hospitals, which are managed, controlled and financed states that the people regard the "Native" reserves as by the Administration; state-aided hospitals, financed gaols because no one is allowed to leave or enter them jointly by the Administration and municipalities; and without a pass. Other petitions, from Namas and Ovam mission and other private hospitals, some of which are bos, also complain of the restrictions suffered by the subsidized by the Administration. The territorially "Native" inhabitants of the Territory.P'' The Committee financed state hospitals were provided only for "Natives" wishes also to draw attention to the account given by until 1957, when an ordinance was passed-?" authorizing Chief Kutako of the standard of living obtaining in the the establishment of such hospitals for "Europeans" as Herero "Native" reserves.l'" well. The ordinance provides for the establishment, management and control of state hospitals in any part 139. The position of "Europeans" in the Police Zone of the Territory by the Administrator, the taking over provides a sharp contrast with the treatment accorded of any private hospitals by the Administrator and their to the "Native" majority. Excluding two large diamond administration as state hospitals, and the establishment areas in the Luderitz District, closed to anyone without of state hospital committees and boards. Under the ordi special permit, "Europeans" are free without permit to nance, admission to state hospitals is to be open to travel by train or otherwise, to enter and leave, and to "any person suffering from any disease or condition for visit or reside in any area of the Police Zone with the the relief whereof the hospital concerned is established exception of "Native" reserves or "Native" locations. and subject to the urgency of the need for relief", pro "Europeans" are also free to immigrate, emigrate, or vided that the medical superintendent of the hospital may travel, without restriction or permit, between the Terri- exclude or discharge a person whose admission or de- fJ7A/AC.73/L.l2, para. 36, 102 South West Africa, Accounts 1956-1957, pp. 37 and 87. osDie Suidivester, 21 May 1958, 103 Union Government Gazette 5937 of 6 September 1957; Oil Annexes VI and VII. Uniolt Government Gazette 5956 of 11 October 1957. 100 Annexes V, IX and X, 104 Ordinance No. 49, 1957, South West Africa Gazette No. 101 Annexes VI and VII. 2094, p. 686, 24 tention he considers unnecessary or likely to adversely mated at £1,005,000, including .£625,000 for "Native" affect the treatment of other patients. houses, £100,000 for sewerage and £75,000 for water reticulation.P? It will be recalled that the territorial 145. As reported previously, there were twelve state Administration had granted the Windhoek municipality aided hospitals within the Police Zone in 1955-1956, of a loan of £750,000 in 1954 to assist in the building of which ten provided accommodation for "Europeans" the new location, but that there had been repeated de only and two for "Europeans" and "Natives". In 1958, lays in the initiation of the project due to the difficulty after the passing of the above-mentioned ordinance, a of finding a site allowing for the requi red widths (500 £60,750 "European" state hospital, with twenty-four yards) of the various "buffer" strips. A site which beds, a maternity ward, an operating room and two 105 would allow the expansion of the various racial groups private wards was opened at Gobabis and a n mil while still maintaining the "buffer" strips was finally lion "European" state hospital, described as one of the found, and it was possible to begin construction. By most modern in Africa, was under construction in May 1958, six new houses had already been completed, Windhoek to provide 170 beds for general, surgical, twenty houses were in various stages of completion, maternity, isolation, tuberculosis and after-care treat foundations for 180 more had been dug and eighty ment.106 foundations were ready for building operations. The 146. The Committee felt compelled to draw attention houses being erected are all identical, comprising four in its previous report to the disparity between the medi rooms, at an estimated cost of £250 per unit. Each house cal facilities and medical expenditure within the Police will have water-borne sewerage, with one tap and a Zone and outside, where the majority of the "Native" lavatory. It had not yet been decided whether to pro population lives. State hospitals for "Natives" within vide communal ablution blocks with hot water showers, the Police Zone had already been established as of 1954 or to fit each house with its own cold water shower. 1955 at Windhoek, Keetmanshoop, Omaruru, Walvis Installation of electricity would be optional, and the Bay, Otjiwarongo and Grootfontein. In 1957, an addi charges for light and water would be based on the tional hospital for "Natives" was opened at Gobabis same rates as those paid by the European population and a new hospital was under construction at Keet in Windhoek. The municipality anticipated fixing a manshoop. Tenders were also invited during the year monthly rental not exceeding £2 for each house, since for the construction of a hospital at Mariental, for the its survey of existing location residents disclosed that creation of a hospital and nurses' home at Luderitz there were few families who were not in a position to and for various new installations at the Windhoek pay this rent. hospital.t?? 151. Provision is also made under this housing 147. No new information on hospital facilities exist scheme to enable "Natives" to build their own homes ing in the northern areas outside of the Police Zone with loans and supervision provided by the municipal became available during the period under review. Those ity. Also envisaged, in addition to family homes, is the areas are served by religious institutions, except, as erection of a compound for from 2,000 to 2,500 Ovambo noted above, for the presence of two administration and hostels for from 2,000 to 4,000 single male "Na medical officers at Ondangua in Ovamboland and one tives". at Runtu in the Okavango, who is in charge of a small general hospital and a leper camp for 100 patients. 152. The housing scheme requires the mass removal of "Natives" from their present location site to an area 148. While welcoming the further extension of med further removed from the "European" residential area ical facilities within the Police Zone, the Committee of Windhoek. Within the new location, strict segrega again feels compelled to draw the attention of the M an tion of the various African ethnic groups will be re datory Power to the disparity between the medical quired. To implement this scheme, it is planned to facilities and medical expenditure within and outside provide 862 houses for the Damara families, 403 for the Police Zone, and recommends that priority be given Hereros, 256 for Ovambos and 376 for Mbanderu to the establishment of a state hospital and of addi people, as well as 340 for Nama families and 262 for tional medical facilities in the northern. areas outside the "miscellaneous Natives". Police Zone in which a majority of the "Native" POPlt lotion lives, with a view to progressively providing the 153. Chief Kutako and other Herero leaders referred 11 0 population of those areas 'lvith medical services at least in a petition dated 29 July 1958 to the removal of comparable with those in the Police Zone. the Windhoek location and another, in Okahandja, to new sites. They stated that the people had been refusing to be moved and preferred the improvement of the E. NATIVE AND LOW-INCOME HOUSING IN URBAN AREAS existing locations to the removal of the population 149. In its previous reports, the Committee has re further away from their work. They complained of the ferred to the improvements of "Native" housing in increase in rent in the new Windhoek location, fixed urban areas. While it has welcomed these improve at 11.18.9 per month for each house compared with the ments, the Committee has been concerned to note that existing location rentals of 3s.6d. per month for men such programmes were being carried out strictly within and 2s.6d. of women. They pointed out that the new the apartheid policy imposed by the Mandatory Power. rentals amounted to about one-third of the wages for men and that those who could not afford the new ren 1SO. During May 1958, Press reports indicated that tals would have to return to the "Native" reserves or the construction of the new "Native" location in Wind look for work on "European" farms. Moreover, accord hock, begun earlier in 1958, was making favourable ing to the petitioners, the houses were poorly con 108 progress. The cost of the housing scheme was esti- structed and without kitchens or bathrooms; permits would be given to build kitchens alongside the houses 105 The Windhoak Advertise", 8 April 1958, p. 5. lOG South West Africa Annual, 1958, p. 109. 107A/AC.73/L.12, para. 89. 100 Ibid., 6 June 1958. 108 The Windhoek Advertiser, 2 May 1958. 110 Annex VII. 25 or to use open fires and the people had been informed over eighteen years of age had to be housed in com that communal bathrooms would be built. Only a man, pounds. They also complained of the increased severity his wife and minor children were to be allowed to stay of the restrictions on freedom of movement being im in a house, according to the petitioners, and children posed in the new location. v. EDUCATIONAL CONDITIONS A. GENERAL children, education is compulsory up to the age of six teen years, and the facilities available ensure accord 154. The separation of school systems according ~o ingly that the average child passes through full infant the race and colour- of the children remains a basic and elementary and either junior or full secondary feature 'of educational policy in the Territ~ry. ~0 evi courses before he either leaves school or passes on, with dence is available of any move, nor of any intention on generous state assistance, to higher or specialized learn the part of the "European" authorities who ~ontrol ~he ing in the universities or technical institutes of the Union policy, to bring about by gradual stages the integration of South Africa. of the educational systems. On the contrary, a com mission of inquiry appointed in 1956 was given terms 158. "Native" and "Coloured" children, however, of reference which indicated that if any change were are under no legal compulsion to attend school, even to be made it might be in the direction of introducing where facilities are relatively easily accessible. Moreover, in the Territory the systems of education for "N?n the standards of education open to them in the Territory Europeans" which apply in the Union of South Afnca. are considerably lower than those for "Euorpeans", Much reliance is placed on the efforts of the missionary 155. The educational facilities, besides being strictly societies to bring education to the "Non-European" separate for "European", "Coloured" and "Native" chil-' population, and the results are governed largely by the dren respectively, are also of unequa~ value. This ~itu~ limited facilities at their disposal and, in many cases, tion is, in a general way, reflected m the disparity .111 especially in the tribal areas, by the limited purposes public expenditure on education as between the racial given to education. The policy of the Administration groups of the population; expenditure in all the years has been, on the one hand, to foster and encourage the for which official statistics are available has been in in missionary effort and to subsidize the expenditure of verse proportion t? the size of the population group~. the various missions in respect of schools established Thus, in the financial year 1956-1957, when total public by them and, on the other hand, to establish Government expenditure on education was £1,163,895, the amount schools in areas whose needs are 110t met by mission spent specifically on "Coloured" education was £79,003 schools. The majority of mission schools, which have and on "Native" children £126,532. These figures in not achieved "recognized" status, normally offer courses clude not only the cost of the equipment and maintenance of study up to approximately standard Ill. Most of the of schools but also the teachers' salaries and the cost mission schools in the tribal areas outside the Police of the extension of educational facilities in the northern Zone fall into this category, although the possibility areas and grants and subsidies to missions. Although exists for pupils at these schools to proceed beyond the the expenditure on "European" education is not so scope of a particular school by transferring to another clearly distinguished in the public accounts, it may be one. Recognized mission schools and Government said to have represented the greater part of the total. schools normally provide a course of instruction up to For items such as furniture and equipment, books and and including standard VI (plus two sub-standards pre materials, transport of children and school maintenance ceding standard I), provided that, as regards the upper costs alone, the expenditure was £42,995; the salaries classes, there are sufficient pupils to justify the addition and wages bill of the Education Department-excluding of classes and teachers. This situation is to be compared the salaries of "Coloured" and "Native" teachers-was with that of the "European" school system described i455,850; and expenditure on hostels was £356,321. 111 above, where standard VIII-two grades ahead of the 156. The Committee has very little information to highest class in a "Native" school-is the lowest level help it appraise in any accurate manner the rate at which at which a pupil is permitted to complete his education. school facilities are being increased, but the general up ward trend of budgetary expenditures leads it to believe 159. Such high-school facilities as are available to that expansion of the "Non-European" as well as of the "Non-Europeans" in the Territory are represented by "European" systems of education is taking place to the Augustineum for "Natives" and a high school ior some extent. Expenditure on "Native" education rose, the "Coloured" children of the specially-situated Re for example, from £119,250 in 1955-1956 to £126,532 in hoboth community. The Committee in its preceding 1956-1957. Estimates of total expenditure for the finan reports has referred to the Augustineum as a high school. cial year 1958-1959, moreover, are reported to show that Chief Hosea Kutako has stated in a petition-" sub there will be an increase of £74,410 over 1957-1958. Of mitted in November 1957, however, that this school this increase, £3,450 will be for "Coloured" education offers courses up to standard VIII only, which would and .£15,000 for "Native" education, mostly in the form appear to be the junior high school level; and in a later of subsidies to mission schools in the northern part of petition-!" that this level has been reduced to standard the Territory.P" VI. To an extent not known by the Committee, "Non 157. What is of more serious concern is that the European" children may fin.l places at more advanced quality of the education available to the respective racia1 schools in the Union of South Africa, including univer groups is markedly different as well. For "European" sities. III South West Africa, Accounts, 1956-1957. ns See annex VI. 112 The Windhoek Advertiser, 16May 1958, p. 9. 114 See annex VIJ. 26 160. ~ecent figures of Cl:ctual school attendance are not available to the Committee. The only indication it . (p) The desirability of establishing an education ad vlsor:y board, the composition of such a board and its ea? give is that in 1956 there were reported to be 12,000 functions. children of .seho?l age, and therefore liable to compul sory educat1o~, 1U the European"community estimated (q) .The ~e~eral composition and organization of the at 55,200, -yhtle the number of Non-European" chil Administration s Department of Education. dren attending school was 28,648 out of a total "Non (r) The amendment of the Education Ordinance to European" population estimated at over 400 000. The bring it into line with the changed circumstances. great majority of these-18,788 pupils-v-were in the northern tribal areas where most of the schools were 162. The report of the commission was tabled in the Legislative Assembly, according to the Press.P? on rudimentary mission establishments. 19 ~ay 1958. It was reported to contain some ninety-six Important recommendations, including the entire re. B. INQUIRY INTO EDUCATION IN THE TERRITORY drafting. of t~e existing legislation; but. all of the pro posals CIted In the Press relate to modifications in the 161. In 1956, a commission of inquiry was appointed "European" school system, and they do not indicate any by the Administrator-in-Executive Committee to inves changes in the basic policy governing the education of tigate and report upon matters relating to education in the racial components of the population as a whole. The South West Africa, and further to formulate a long reported recommendations include the following which term education policy for the Territory.P" The Com appear related to the aspects of "European" education mission consisted of five "Europeans". It was instructed specified in the Commission's terms of reference: to give special reference to a number of specific points, Subsidy to private schools should cease at places most of which relate to "European" education but which where there are Government schools; an education ad. included, as a separate question, possible changes in the visory council should be appointed to advise the Admin "Non-European" education system. These points were istrator-in-Executive Committee on all professional as follows: matters; no school board should be instituted; the par (a) The desirability of introducing the Cape1l6 sylla ents and the state, as represented by school committees buses in South West African schools and how these and the Education Department, should be jointly re syllabuses should be adapted to suit South West African sponsible for the appointment of teachers; the powers conditions. of school committees and their respective procedure should be clearly defined; the Administration should (b) The introduction of differentiated education and subsidize all approved forms of adult education; a train how it should be done. ing college for approximately sixty students should (c) Whether comprehensive schools should be intro be established; the concentration of English-speaking duced or not, and whether such a system could be adap pupils in two or more schools should be considered; the ted to the national character of, and the conditions in, Windhoek High School should not be enlarged but a the Territory, with special reference to the provision second high school should be considered; German-me of technical instruction. dit1l11 instruction in Government schools should be ex (d) The education and post-school adjustment of tended up to standard V-the primary school stage; deviates. an attempt should be made to organize religious instruc tion on a sound basis; the high school curriculum should (e) Psychological services and vocational guidance. as far as possible provide for academic, general and (f) The teaching of languages and the medium of commercial courses and the aim should be to make the instruction at primary and high schools with special choice within each field of study as wide as possible. reference to German. 163. The administration of the educational systems (g) Religious instruction in Government schools. is assisted by an Education Advisory Committee com (h) The introduction into South West Africa of its posed of six persons representing the Afrikaans, English own examination system for secondary education. and German-speaking sections of the "European" com d~~entra1ization o~ munity, and a seventh "European" selected on the (i) The centralization or .e?uca ground of his acquaintance with "the reasonable wants tion wi th reference to the provlslOn of more facilities. and wishes" of the "Non-European" inhabitants. The (j) School organization with reference to the need latter have no direct representation. The Committee on for clerical assistance. South West Africa has not in its possession as n~ueh (k) Hostel organization and the care of boarders. information as it would wish with respect to t?e views of the "Non-European" sections of the population as to (l) Adult education. their educational needs and facilities. Such views as h.ave ( 1n) Whether parents should have a ~oice in educa come to it in the past through petitions and commumca tional matters by means of school committees or other tions have been critical. To these may be added frag bodies. mentary comments contained in petitions before the (n) The desirability or necessity of establishing a Committee at the time of writing of the present re~ort: training college for European teachers. one from the southern or Police Zone of the Territory (0) Non-European education: the desirabili.ty of where "N011-European" education is relatively more highly developed than elsewhere, and the other from introducing the Union's systems .for the education of ari~,j "Non-Europeans" and the question whether Govern Ovamboland in the northern and less devel?ped ment schools should take the place of mission schools. In the former case, Chief Hosea Kutako points out 1111 South West Africa; Official Gazette, No. 19991, 1 May 117 The Windhoek Advertiser, 20 May 1958. 1956, pp. 446-7. H 118 See annex VI. 116 The Province of the Cape of Good ope. 27 'J'/' ------that most of the "Non-European" schools are located in C. CONCLUSIONS OF THE COMMITTEE the towns and in some of the "Native" reserves, but that 166. The Committee has no option but to state that there are no schools for children living on farms. In a the weaknesses which it has observed in past years in petition on behalf of the Ovambo people, Mr. S. the educational facilities for "Non-Europeans" still exist. Shoombe complains that there are no high schools in It believes that their opportunities for education will the whole of Ovamboland, and that teachers are of a remain inferior to those for "European" children as very inferior quality because of their poor academic long as the systems remain segregated, and as long as preparation.P" a determined even if gradual endeavour is not made 164. Another important point of disparity between to establish a common educational system open to all "European" and "Non-European" school facilities children according to merit rather than to colour. But arises from the fact that, because of the sparse distribu segregation and inequality in education continues to tion of the population over large areas, school hostels appear to the Committee to be basic to the general or boarding establishments need to be provided for trend of policy in the administration of the Territory children attending schools far from their homes. These in so far as it maintains differentiation of treatment of hostels are provided in sufficient number to accommo the inhabitants according to race. The Committee be date all "European" children. The position of "Non lieves that a real reform of the educational system can European" children, however, is indicated by a statement only be hoped for within the framework of a funda by Chief Kutako P'' that although a school is established mental change in attitude towards the part which the in each of the eight Herero reserves, only two of these "Non-European" is to play in the life of the Territory. have hostels. He complains that the Administration was 167. In that light, the Committee recalls and repeats not prepared to provide more hostels because they were its previous recommendtuions: that the 111andatory too costly to build and maintain, but had offered to Power should take all the necessary steps to eliminate provide a teacher and building materials for huts if the present racial discrimination front the educational the Hereros would themselves build huts to house the system; that it should establish a progrm1tme for the children. progressive unification of the system with the object 165. In the case of "Coloured" education, some or of providing equal access by all children, according to merit, to all facilities for education; .I!hat as an imme ganized opinion is expressed from time to time through diate pre-requisite of the achievement of that objective the South West Africa Coloured Teachers Association. there must be a determined effor.f. to improve and ex At a recent congress of the Association in Rehoboth, a pand the facilities for "Natiue" children in particular; motion was adopted asking the Department of Educa end that facilities should be provided for all races for tion to contact the Association when dealing with "Col training in vocations, skills and professions suited to oured" education matters. The Association also re the developing economy of the Territory. Since the quested the Department not to convert mission schools "Non-Eurooean" population has only indirect repre into state schools because of the pioneer work done by sensation on the Education Advisory Committee, the the missions to advance "Coloured" people's education Committee also recommends that the Union GOVCrI! in the Territory. The congress adopted another motion ment provide for direct and adequate "Non-Eurooetm' asking for higher salaries for "Coloured" teachers, and representation on this Committee so that it will a.ccu also asked the Department of Education to consider pay rat-ely represent the wishes and desires of the ON011 ing "Coloured" teachers a yearly allowance of £100, as European" inhabitants as to their educational needs in the case of European teachers.P! and facilities. Furthermore, the Committee rec onimends that the Department of Education co-operate 7.vith the rin See annex X. Coloured Teachers Association and work closely with 120 See annex VII. that body when dealing with "Coloured" education 121 The Windhoek Advertiser,24June 1958. matters. VI. CONCLUDING REMARKS 168. In view of the continued unwillingness of the Territory and as to the manner in which that policy Government of the Union of South Africa to co-oper has been applied. ate with it, the Committee once again has had to exercise its judgment concerning conditions in the 170. No important changes have appeared in the Territory on the basis of information gathered, as sys situation previously described by the Committee. The tematically as possible, from public sources. It has done life of the Territory continues to present two distinct so in view of its desire to reach objective conclusions and separate aspects. On the one hand, the Committee as to the fulfilment by the Mandatory Power of its has been able to report the continued free political obligation under the Mandate. activity of the "European" section of the population, the influential role which it plays in the institutions 169. The Committee feels that it should point out of government, and the further expansion and prosper that its present assessment of conditions in the Terri ity of the mining, agricultural and commercial enter tory is the result not of an isolated study of those con prises which it owns or controls or which otherwise ditions but the continuation of a process in which it provide it with a livelihood. On the other hand, the has been engaged for five years. The new information Committee has shown that the vast majority of the coming before it in each of those years has served to population, classified as "Non-European"; continues to confirm, not to cast doubt upon, its conclusions as to be deprived on racial grounds of a voice 111 the adrninis the main lines of policy in the administration of the tration of the Territory and of opportunities to rise 28 freely, according to merit, in the economic and social 171. The Committee therefore reaffirms its conclu structure of the Territory. The "European" commun sion that existing conditions in the Territory and the ity, which alone enjoys political rights, shares with trend of the administration represent a situation not the Mandatory Power, to the exclusion of the "Non in accord with the Mandates System, the Charter of the Europeans", control over the allocation and development United Nations, the Universal Declaration of Human of the principal resources of the Territory, reserving Rights, the advisory opinions of the International Court for itself a disproportionate interest in those resources. of Justice and the resolutions of the General Assembly. The inferior political, economic and social status of the "Non-Europeans" results from arbitrary and racially 172. The Committee considers it essential, for the discriminatory laws. By means of discriminatory legis preservation of the sacred trust undertaken by the lative and administrative acts, authority and oppor Union of South Africa on behalf of the League of tunity are retained as a matter of policy in the hands of Nations, that the manner of administration of the Ter the "European" population, while the "Non-European" ritory should be changed, in order to ensure the polit majority is confined to reserves except to the extent ical, economic and social development of the whole of that its manpower is needed in the "European" econ the population and recognition and application of the omy in the form of unskilled labour and under strict principle of equal rights and opportunities for all of regulation. the inhabitants. 29 ANNEX I Draft resolution concerning petitions and related communications in regard to South West Mrita, proposed by the Committee on South West Africa for adoption by the General Assembly The General Assembly, Hosea Kutako and other Hereros, a petition dated 13 June 1957 from Mr. Nguwo Jepongo of the Ukuan Having accepted the advisory opinion of 11 July 1950 yama Tribal Congress, a petition dated 3 August 195, of the International Court of Justice on the question from Mr. Toivo Herman ja Toivo and eighthy other of South West Africa, Ovambo, a petition dated 22 November 1957 from Having authorized the Committee on South West Mr. S. Shoombe and 100 other Ovarnbo, and petitions Africa, by resolution 749 A (VIII) of 28 November dated 14 May and 1 and 4 July 1958 from Mr. 1953, to examine petitions in accordance with the Man Mburumba Kerina (Getzen), dates procedure of the League of Nations, Noting that these petitions and related communica tions raise questions relating to various aspects of the Having received a report from the Committee on administration of the Territory of South West Africa South West Africa dealing with petitions dated 24 July and of conditions in the Territory upon which the and 10 August 1957, as well as an undated petition Committee has presented a report, from J acobus Beukes of the Rehoboth Community, a petition dated 12 October 1957 and related communica Decides to draw the attention of the petitioners to tions from Mr. Johanes Dausab and others in the the report and observations of the Committee on South Hoachanas Native Reserve, a petition dated 27 Novem West Africa regarding conditions in the Territory. ber 1957 from Chief Hosea Kutako, a petition dated submitted to the General Assembly at its thirteenth 5t"S 22 July 1958 from the Reverend Michael Scott and a sion, and to the action taken by the General Assembh- related communication dated 29 July 1958 from Chief on this report. • ANNEX n Petition dated 24 July 1957 from Mr. Jacobus Beukes, Rehohoth Community, to the Secretary of the United Nations1 "Urqeni Appeal for Help" the Natives do not have any means of transport U1,ti there are no facilities for them to obtain water. It is In connexion with the communication already re impossible for them to comply with the order, bec;ulc",;e ceived by you from the indigenous inhabitants in the they cannot carry their huts away on their backs. ;\fof'(,~ Rehoboth Gebiet,2 I am urgently appealing for help. over, to move them away from their cemetery for n,io Since 1870, we, the Rehoboth Bastard Community, reason at all is very serious. I am kept awake at ni~~ht have been living alongside of the Natives as a peace by the thought that the Union Government is shnwin~ loving people. Now, for no reason at all, pressure is contempt for world opinion and that this attitude 10 being exerted by the Magistrate and the Board. I am wards and the treatment of the Natives may, it is h' h",. urgently appealing for help because violence is done to feared, later have repercussions for our people. \'"••e the innocent Natives. Please consider this humble re therefore feel that the United Nations should Sll('1!"jlif:. quest as SOOI1 as this communication reaches YOll. come to our assistance so that there may be peace i:" The number of huts that must be moved at the ex our country under a social and democratic order. pense of the Natives themselves is about 150, and the Th.'1~k"",.:; number of inhabitants, together with their wives and (Signed) jacobus children and including the blind and the crippled, is Burger S (1(,.-I'j,::."'· ',' about 600. The Natives are common labourers whose Enclosure living depends on manual labour, and they are very NOTICE8 poor. It is therefore unthinkable that they should be forced in such an arbitrary manner to move. ] make (Stamped seal of the Rehoboth Bastard Communi! v, this urgent appeal so that violence may be prevented. dated 16 July 1957) . The former Magistrate has been transferred, and there is now another Magistrate in his place. You will find Office of the Magi"t:r';;'1ite his name in the enclosed document, Schadwind. His RdN)~)oi{~t,h actions with the Board border on dictatorship. IN RE : Moving of the Settlement My earnest plea, Sir, is that you should get in touch Notice is hereby given that the Board at its meetinE with the Administrator of South West Africa so that of 21 May 1957 decided as foflows: violence may be prevented. Violence may result because 3 Note by the Secretariat : The notice received is in t)·,( !£':rm 1 Originals in Afrikaans. of a mimeographed circular, at the bottom of which is \\:a"jUel : ANNEX ID Petition dated 10 August 1957 from Mr. Jacobus Beukes, Rehoboth Community, to the Secretary-General of the United Nations! I most respectfully draw your attention to the letter supplementary laws of 1916 in order that the case of 24 July 19572 "urgently appealing for aid" for the might be tried. indigenous population of the Rehoboth Gebiet, Note 4. johannes Beukes (member of the Board) and "I call again for aid for our own people!", as appears the late Piet Diergaard objected to the supplementary from the two enclosed letters, from which the world law (as you will certainly remember). The boards have organization will learn what methods the Mandatory held, on the basis of the ancestral law, that this measure uses. It does not act according to law but seeks to drive has not yet been rejected by the Burghers and may be us out of our own country by deliberate dictatorial invoked where necessary. action through our own Board. Note 5. The legal provision which is being used today I respectfully ask you, Sir, whether there is not some to strip Burghers of their status was amended and was way of saving or helping to save our Rehoboth people made to prescribe the imposition of fines. The fines have so that we may keep the rights hard-won for us by the since been doubled. efforts of our forefathers. As shown in the attached Note 6. As the Boards know, our office equipment, letter, I have communicated repeatedly with the Admin books and documents are still in the Government's pos istrator of South West Africa. Although aware in ad session. Our Captain and Volksraad have not yet been vance that this is not permitted, I am not to be deterred reinstated, so that the authority does not devolve upon where the interest of our people is concerned. As re an Advisory Board. ported in the two attached letters, an injustice is being Note 7. As pioneer sons who sit on the Board, you inflicted on our people by dictatorial means. yourselves must bear witness that there was no oppor I am fully confident that the world organization will tunity there to give effect to the ancestral law. On these compel the Mandatory to comply with the organization's grounds I respectfully request that the deprivation of decisions, so that we, as the minority population, may burgher status should be rescinded. be freed from the oppression of dictatorship and live un In conclusion, think of the case in which this legal disturbed for the future as a SOCIAL DEMOCRACY provision was applied. under the Charter of the United Nations. (Signed) J.BEuKEs I await acknowledgement of the letter of 24 July 1957 and of the attached letters. I shall appreciate it if Enclosure B this is announced in the Windhoek Advertiser. Letter dated 9 August 1957 from Mr. Iacobus Beukes (Signed) J. Beukes to the Captain and Members of the Advisory Board of Burgher Secretary the Rehobotk Community Enclosure A PETITION Letter dated 5 August 1957 from Mr. Iacobus Beukes I hereby respectfully submit the following petition to the Captain and Members of the Advisory Board of for the attention of His Excellency the Administrator of the Rehoboth Community South West Africa, Windhoek. rrQuestion of Lane" Permit me, as an old pioneer, to address you on behalf of our people. Do not fail to induce the Board to With reference to the comprehensive discussion of take the proper action. the ancestral law, I feel it my duty to remind the hon ourable Captain and Board of the following: 1. I note that the Board wishes to act in dictatorial fashion with regard to my efforts to stir it to rightful 1. The ancestral law and land code: I was appointed action. to draw up the land law and the ancestral law in 1916. 2. As a burgher, I regard the Board as precisely the Note 1. The land code which is now in use was pub statutory body which should protect the burghers. Since, lished by me at my own expense. however, I do not know how or when the Board ac Note 2. The ancestral law, with amendments and quired such powers, the Board, as a body of elected supplements, was recorded by me article by article. representatives, should enlighten me as to how and Note 3. Major Rassoenuw, the late military Magis when it acquired judicial powers. The Board has acted trate, summoned me to appear in a mixed court case, as a court of law, but who elected it as such? that of Mr. Rachuth and Mr. Matheus Gertze, because 3. I must accordingly keep guard over our people's the ancestral law conferred no entitlement to civil rights. legal status under democratic rule, and ascertain by Hence I had to insert in the ancestral law one of the comparison whether it corresponds to the action of the Board. 1 Original in Afrikaans. (Signed) J. BEUKES 2 See annex n. 31 ANNEX IV Petition, undated, from Mr. Jacohus Beukes, Rehoboth Community, to the United Nations English translation The Districts Magistrates Advice Council acting dictatorial against coloured inhabitants demanding high taxes which is serious. The compulsory expulsion of Europeans out of this Territory (Rehoboth Bastard Community) is serious and aimed against this Community, which impairs the loyalty and the 1885 situation and the position is serious and our economy very weak here. Awaiting your urgent action for better treatment. ( Unsigned) ANNEX V Petition dated 12 October 1957 and related communications dated 10 January 1958~ undated, dated 20 June 1958, and dated 31 July 1958, from Mr. Johannes Dausah and others, Hoaehanas Native Reserve, to the Committee on South West Mrica, the Secretary.General, and Messrs. Harry Bloch & Co., Solicitors, Windhoek 1. Petition dated 12 October 1957 to the Chairman and more responsible position of Senatorship in the Union Members of she Committee on South West Africa Parliament on his so called expert knowledge of the natives of South West Africa have made the following This is just a continuation of our former petition 1 suggestion to the officialsof the Dutch Reformed Church dated the 10th of October 1956. The situation at Ho CD.R.e.) in 1945. achanas have rather became more graver and unintoler able during 1957. (a) That the Dutch Reformed Church must take over the Mission-work of the Rhenish Mission under The salary of the pass-issuer, the pas which has been the heathen-congregations of S.W.A. . instituted by the administration for the restriction of our movement has been retracted since October 1956. (b) That the Rhenish Mission be bequeath to the We have no Magistrate visit at all. No medical visit Dutch Reformed Church. whatsoever, no communication, no anything at all from (c) That the Synode of the Dutch Reformed Church the side of the administration since our former petition. take provisional steps to take over the work in South We are living in a state of sanction, and the position West Africa. at Hoachanas have really became alarmed. Please help (d) That there are 283,000 inhabitants in S011th us or we perish through the works of the Union admin West Africa of whom 117,000 are in charge of the istration. Rhenish Mission. Hoachanas is the Headquarters of the rednationnama (e) That there are 23 clergymen (German) in the tribe and the residential centrum of the same. Hoachanas service of the Rhenish Mission in S.W.A. was further declared as an unchangeable property and reserve of the rednationtribe with 50,000 Hectar of land Of this very important intention, decision and step by the German Government in 1902, and not only with upon which our whole future-spiritual-welfare depends, the present 14,000 Hectar of land. The missing 36,000 and the negotiations between the white leaders of the Hectar of land was taken by the Union administration two churches the Nama-Head-evangelists who were of S.W.A. in an unjust manner and given to the white just juggled with the word CO-LABOURER and the con people. gregations concerned were totally not consulted about this very important step. For this 36,000 Hectar of land taken (robbed) in an Surely it is a true fact that the various sects or de unjust manner we appeal to the United Nations Organi nominations arise from difference of opinion among sation and ask the UNO to let us got back the 36,000 men concerning points of doctrine and Church-govern Hectar of land which belongs to Hoachanas. This land ment, and the Namapeople cannot be held responsible was taken by putting a fence round Hoachanas. (The by the Dutch Reformed German Rhenish Mission for 50,000 Rectal' of land quote above is not the tribal having broke away for the same reason from the Rhenish boundary.) Mission. It is imperative necessary to draw your honourable Dissatisfied with this action and the habitual wilful attention to the fact that as far as the grave situation at doctinal-negligance of the German Rhenish Mission to Hoachanas is concerned some churches are equally re givc our children education which will comply with sponsible with the administration and the surrounding the present or modern day-demants the Nama-Head farmers. evangelists and their congregations took into consider The former head of the ex-Rhenish Mission (Dutch ation the evils under which we labour even in religious Reformed Rhenish Mission) Dr. H. Vedder, whose branch. We finally decide to broke away from the Ger resignation as a clergy has been said to be on account man Rhenish Mission and we tben joined the American of his high age but who at the meantime took up the Negro controlled African Methodist Episcopal Church which originates in America. (1946) 1 See A/3626, annex IX. The A.M.E. Church is a Christian church in the 32 truest meaning of the word, it is not a political organi back to the Dutch Rhenish Mission. The building must sation, and is also not partaking in politics. then be bequeath to the Dutch Rhenish Mission. In 1949 the dissatisfied people took out their children When the site was measured to us by the welfare from the Rhenish Mission Schools here at Hoachanas officer Mr. F. Balt, we begun to build the church (The as well on other quarters where the A.M.E. Church site was measured on the 31st of July 1952. This meas operates. There are 9 A.M.E. Private Schools, 17 uring of the site falls together with the issuing us with Teachers and 1,500 Scholars without school since 1949 the so-called temporary permits 31st July 1952) We but for no reason, only because we have broke away did not know before why this was done so, but now from the white controlled church and joined the non we know why this was done so. (Size of building 70 x white controlled church. Since we took out our children 30 x 14 this is Length x Breadth x Height). from the Rhenish Mission Schools we are asking the When the churchbuilding was about to be completed administration to recognize our A.M.E. Mission in February 1956 the manufactured make-believe kara Schools, but until today the administration has wilfully kul-pelts theft-plan for that exclusive purpose was neglect to recognize our A.M.E. Mission Schools, and applied. The state-police was the executives of the hor is only trying to make us feel that we are inferiors to rible barbaric and unchristian devil's business. The those of the white controlled Dutch Reformed German members of the Dutch Reformed German Rhenish Mis Rhenish Mission members, only to create unnecessary sion was their tools. They were beaten by the police, hatred and illfee1ings against each other. tortured and strangled and dictate to say what is not The Dutch Reformed Rhenish Mission Church and true. They must betray themselves as well as the mem the surrounding white farmers round Hoachanas-red bers of the A.NLE. Church. They were instructed by nationreserve who were dislocated and embarrassed in the police to say that they have stolen karakul-pelts of their combined plans to frustrate the AM.E. Church, their respective farm-masters and sold the same to us and to get us back to the Dutch Reformed German Rhen the members of the persecuted A.M.E. Church. (Simon ish Mission from which we fearfully fled regard this Janse who was most severely ill-treated was even ask by step to be very dangerous for the existence of the white the detective sergeant Rossouw of Gobabis where we the farmers and the existence and continuation of the members of the A.M.E. Church got all the money to Dutch Reformed Rhenish Mission Church as far as the build such a magnificient church-building. Simori's an latter's native membership are concerned at this native swer to the detective was that even tickeys can do great reserve of Hoachanas and circuit, and they begun to things. They were told that if they say that they have make plans to remove us from Hoachanas. stolen and given the karakul-pelts to us and we sold In order to gain something from the AM.E. Church them to Mr. Ch. Frank P/Bag Lidfontein :Handel shuis. Lidfontein, via Mariental, If they say this they a very constructive plan was made. will be freed and the AM.E. Members will be arrested. Plan 1 They were further instructed and informed that the alleged removal is not for the members of the Rheni~h The tribe was divided into two religious groups (22nd Mission only the members of the AM.E. Church WIll June 1949) Rhenish Mission and the A.M.E. Church. be remdved. The people of the Rhenish Mission, even On the head of each group was appointed a pas-issuer. at Hoachanas was instructed by the police to say that Members of the A.M.E. Church was totally against they are willing to go away from Hoachanas. They this horrible act and they were also in an overwhelming did this. majority, but the act was carried out by the Magistrate While the police was busy torturing, beating and M 1". J. R. Du Toit of Rehoboth. (The foundation of the strangling the people on the farm namely Wolfputz, future horrible actions laid down ambly with this action) Mr. Allen the Chief Native Commissioner was busy to Plan 2 intimidate and force us here at Hoachanas. (This nasty affair is continuing. Please help us. Send a UNO com Probably the 2nd plan was the manufacturing of the mission to investigate to this situation at Hoachanas, make-believe karakul-pelts theft-plan meted out against Members of the AM.E. Church on farms may not us the members of the AM.E. Church at Hoachanas. come to Hoachanas particularly from the norther~ side. The original and the final aim of this plan was to de The Derm-police do not want the members working on prive us from our properties viz. HOACHANAS ITSELF, the farms to attend Quarterly Church services. The The AM.E. Church Building etc. ministers of the AM.E. Church is not free to visit their Plan 3 members on the farms. (The police of the newly opened police-station at Derrn about .18 mi!es north from ~-Io The 3rd plan was the granting of a site to the Af~'ican achanas is closely co-operating WIth the unordained Methodist Episcopal Church at Hoachanas to build a evangelists of the Dutch. Reformed German Rhemsh permanent church-building which must be to the satis Mission at Hoachanas. It IS more better to say that t.he faction of the Chief Native Commissioner (February whole church is controlled by the police, and the police 1952). is controlled by the church. Really a ch~o~ic situati.on Plan 4 is prevailing here. Please send a cornmtssion and In vestigate these dreary scenes. The fourth plan was the taxation of our ?ld people The members of the Dutch Rhenish Mission may at and then asserting falsely that they are the onhest people se:~ices ~t to whom a German people gave a Hoachanas (31st of tend their Quarterly .CI1l11'ch Hoachanas and the Rhenish-evangelist may V1Slt their members any- January 1952). time. The main aim of this fourfold plan was and is (be One is arrested even if he is in possession of a pas cause the affair is continuing) to deprive, tl~e younger by the police of the newly opened police-station at Derm generation of the rednationtribe from their inheritages and to force the few old inhabitants afterward to go about 18 miles north fr0111 Hoachanas. Only houses of the AM.E. Church members at S.W.A. known by that national and traditional term Hoachanas were searched after the unstolen and un "NAMA" we are instructed to say that we are no more missed karakul-pelts, The houses of the members of "NAMA". Only by the naming NAMA and by o~r the Rhenish Mission were totally not searched. language, our physique and colour can we be dis tinguished from others, our countrymen of S.W.A. who The house of the Rev. M. Kooper, the resident elder are not NAMA. We are demanded to say that we have of the AM.E. Church at Hoachanas, who Iourty (40) become Bantu, a term which has absolutely no relation years back have born on this same H.oachanas r~dnation ship with any of us the natives of ~.W.A. and more reserve who never before was convicted for. this or any particular with us the Namas. The onhest people known kind olcrime a man whose career and record is clean by the naming or term "BANTU" are the natlv.es of the as far as court cases and any other irregularities are Union of South Africa. This is what the Union Gov concerned, whose moral and official character has been ernment called a gradual incorporation of S.W.A. into examined and passed in the S.VV.A. Annual Conference the Union of South Africa. held at Windhoek 1955. Sirs, only if S.W.A. be placed under the Trustee The reason why Mr. Ch. Frank was convicted is ship of the United Nations Organisation and that plac obvious. We bought all the building material f.rom Mr. ing of S.W.A. even be carried out immediately even Frank, like cement, building lime, roofing material, doors before the end of the running year without any further C~. Fra~k. and windows were all bought from Mr. arguments and delay shall we the poor inhabitants of We also transport the building material from Lidfontein : South West Africa be freed from this eternal slavery. Handelshuis up to Hoachanas by Mr. Frank's lorry, and load sand with the same, The Union Government is no more waisting her time by sitting and arguing about S.W.A. in the .United Another reason why Mr. Ch. Frank was arreste~ is Nations Organisation. The Union Government IS prac that it must be believe that we the members were 111 a tically incorporating S.W.A. into the Union of South illegal handling of karakul-pelts, because even if we have Africa. We are speedily and rapidly swallow~d.by .the karakul-pelts of our own it will never become money Union Government. Please send UNO Commission 1111 unless we sold it to a whiteman. mediately to investigate the situation at Hoachanas and For the slander that was meted out against him Mr. the whole S.W.A Frank who is financially able consult attorneys and There is another sweetsound innocent suggestion or advocates for his defence and to find the origin of his intention of a so-called "NAMA-TRIBAL-FuND" with conviction, his case is about to be settled and he also claimed £3,000 to the "Suidtoester" the Nationalist Local which Mr. Allen is busy urging us to have only one and the same NAMA-TRIBAL-FuND while we are on Newspaper that published the slander. Surely Mr. Frank will get that amount of £3,000. The same slander different traditional tribal places and residences. While have has been published against us the members of the we the inhabitants of Hoachanas and the members of AM.E. Church but even if we claim money for the the rednationnama-tribe in principle approves the idea same slander that will never be paid out to us. of TRIBAL-FuND we do not want to be misled by the term goodsound term NAMA-TRIBAL FUND, because We appeal to Her Excellence the United Natior:s there are different namatribes residing on different Organisation to claim £6,000 from the South West A.fn traditional dwelling places like Hoachanas from where can administration for the slander she meted out against we cannot be removed without our consent. us. One NAMA-TRIBAL-FuND thus only means to us On the 31st of January 1952 the administration say only one reserve for all the NAMA-PEoPLE. This is thus that Hoachanas is temporary reserve and on the 31st only a method of taking away the small lands occupied of July 1952 grant a site and demand the AM.E. Church by the people to give it to the white people. to build permanent Church building which must be to the satisfaction of the Chief Native Commissioner, and We perish in this South West Africa, there is no that the church must be build by an experienced builder. human treatment meted out to us the natives of South West Africa. Although the intention of the farmers through the Our letters are arrested and is dangerous for us to administration to remove us from Hoachanas is not a say all we suffer and experienced daily. new idea, we were never forced and intimidated as in 1956 up to now. In case the United Nations learned that we the in habitants of Hoachanas are no more at Hoachanas the The United Nations Organisation will spare much United Nations Organisation are already told that such time and energy if she place S.W.A under the Trustee will haben only by force, because we are totally not ship of the United Nations Organisation immediately determined to go away from Hoachanas our inheritance. after receiving this petition. It will not pay for the Great No body should have the right to assert that we have Organisation of the world governments to urge the move voluntarily and on our consent. Hoachanas is Union Government in an effort to place S.W.A. volun fertile agricultural place if only we be helped to im tarily under the Trusteeship of the United Nations proved our irrigation. Organisation. The Union Government who is since 1956 busy with what she called a gradual incorpora Any longer and further delay from the side of the tion of S.W.A. into the Union of S.A. will never agree United Nations Organisation to place South West to place South West Africa under the Trusteeship of Africa under the Trusteeship of the United Nations the United Nations Organisation. Since last year we Organisation only means to the Union Government that the Nama people of South West Africa are urged and the UNO is approving her actions of enslaving us for demanded by the Chief Native Commissioner Mr. Allen the purposes of cheap-labour and to continue with the to commit suicide. While we are the onliest people in gradual incorporation of S.W.A. into the Union of 34 I ,South Africa, until finally the Union Government totally ( b) Photograph of church under construction: "The [resigned her membership from the United Nations Or work of the A.M.E. Church at Hoachanas rednation Iganisation with South West Africa incorporated, and reserve in progress, about to be completed, during the ithen the Union Government will become REPUBLIC in course of May 1956. Nama men busi putting on the Iwhich nobody will have the right to say this or that principals." about us the natives of S.W.A. I The Union administration of S.W.A. is he1ding the 2. Communicawon dated 10 January 1958 to the Secre IRev. M. Kooper of the A.M.E. Church responsible for tary-General :our petitions and even for our refusal to move from Ho achanas, please help and ascertain Rev. Kooper's pro Under daily deteriorating and increasingly hardened Itection. conditions of uncertainty as to our dwelling on this our traditional residence from the side of the administra Let S.W.A. be place immediately under the Trustee tion of SWA, despite what the UNO may have recom ship of the United Nations Organisation without any mended with reference to the general conditions under further delay. We Perish !!!! ! ! which we lives, and with reference to the intented re moval of us here and the treatments connected thereto, Let UNO send her Commission to investigate to our we herewith inform the Committee on SWA that we situation and the general conditions under which we have received her Communication FILE NO :-TR 240, natives of S:W.A. suffered. dated the 6th December, 1957,3 while we on the 25th of December 1957 in memory of the unbearable con Let the administration of S.W.A. be told to give us ditions under which we since 1956 in an extra hardened back our 36,000 Hectar of land that belongs to Ho form of human suffering preferably have celebrating achanas immediately. the Birth of our Blessed Redeemer in the heat of the Let the administration immediately open our A.M.E. South West African summer sun instead of celebrating Mission Schools here and on all places where A.M.E. it as usually under the roofs of our feeble houses. Private Schools exists, and that the education of our "They may refuse to their death but they will cer children no longer wilfully be neglected, and that our tainly be removed has become a public proverb of teachers of the A.M.E. schools be paid their full the farmers we hears by every turn and on every salary from the administration. hand". Let the farmers and the administration get out the way From an innocent arresting of five men of Hoachanas of the A.M.E. Church for the A.M.E. Church have on the third day of February 1956 of whom the names never interfere with their business. have been recorded in the petition of 1956 the situa tion has developed to such a height that the Summons Let the burden place on the A.M.E. Church for 12 years of which a copy is attached herewith has been served long be leaved and relief by the administration. on a person called MARXUS COOPER and refer to in the Hoping that this petition will receive sirs your careful Summons as the Defendant of the cause of our refusal and undivided attention as the situation of Hoachanas to move from Hoachanas, is too complicated. On the 16th of Apri11956 the Chief Native Commis sioner said that we will be treated as trespassers. This (Signed) Johannes Dausab proclaimed treatment has been and still is practically Daniel Dausab carried out ever since that date. Karl Temotheus Dausab Simon Kooper This act of Summoning us one by one individually Afraim Afrikaner to exercise pressure on that person for the tribal refusal Matheus Kooper is only a new page in the organized program of actions J. Nakkom and measures to be carried out against us to effect our jacobus Nugassab removal. Dealing with individuals have now begin, the Methusalag Nodded act which is a victimization. We urgently appeal to the Jehannes Howeseb United Nations Organisation for immediate command Frans Nakkom of order to the administration of SWA, and for the Samuel Howeseb protection of Rev. Markus Kooper. The prevailing.situation. at Hoachanas has .b:en Enclosures created wilfully WIth the single purpose of depr.Ivmg the A.M,E. church from Hoachanas, and there IS no Two photographs of a church, with the following cap denying of this fact, and.that by a ,go.vernment which tions:2 claimed to be a democratic and Christian Government, and that against the people for whose well-being it has (a) Photograph of completed church: "The A.M.E. been entrusted the Mandate of South West Africa. church building that caused much unrest. Exclusively build by the natives of South West Africa with the The A.M.E. Church originats in America, and has tickeys and sixpences of the natives of South West her offices and officers in the City of New York where Africa. Even women and children do their most sacri the seat of the United Nations Organisation is situated. ficial work. Totally no help from the whites. School in The very act that has stimulated us to bring the pre- progress. After inauguration 1st July 1956." S Letter transmitting 10 the petitioners General Assembly 2 These photographs have been retained in the files of the resolution 1136 (XII) of 25 October 1957 and other documen Secretariat. tation relevant to their former petition dated 10 October 1956. 35 vailing nasty affair of disfiguring our characters by purposes, and it is our duty as descendants to defend manufacturing for us to be thefts and liers, the bad our rights to occupy this heritage of ours. We earnestly qualities which we from our fathers' day up to now request the United Nations Organisation not to regard with greatest of jealousy have guarded by the help of this treatment as merely measures of forcing, because the Almighty God under the honourable attention of we are suffering. The starting point of this inhuman the United Nations Organization comes from the white actions is the A.M.E. church, and it is because all people and that only to remove the A.M.E. Church on methods have failed that Rev. Kooper has been Sum our cost of suffering. It is by no means the A.M.E. moned. Church that has stimulated us to refused to move from Hoachanas. The intention of the white people through Hoachanas gave not less than 24 sons to the World the administration that we should be vacate from Ho War Il, when she was ask to do so by the administra achanas for their allocation exist from 1920, and it is tion of SWA When the war was over the European only because we have refused all along that the A.M.E. ex-servicemen were given farms and live-stock etc., Church who came only in 1946 has found us on Ho Natives on other quarters may have been given some achanas. It is the actions of churches of white adminis valuable properties such as furniture etc., but we of trations that has drive a great number of Narna inhabi Hoachanas have not been given a farthing 0/4 cl). tants to the AM.E. Church. The AM.E. Church is not For us thus the war is continuing. In comparison to a political organization nor is it a non-white peoples' what has been done for the other ex-servicemen Ho or, as usually termed in South Africa and South West achanas was collected £15.-.-, which we were told shall Africa a native church. It is but a Christian Church. go to the South African Air-Force. That is all we have For your information as to the Christian Doctrines, the had as our reward. policy and the government of the church, the church is For many years we have ask the administration to in America. If the other churches who came to SWA improve our water supply for the purposes of agricul should have native adherents why should we not adhere ture and farming. to the A.M.E. Church? If adherents of other churches can reside at any place particularly those of the ex We were given assurances that this problem will be Rhenish Mission and the Dutch Reformed Church, why attended to very soon. Last time when such promise should it not be the case with us the inhabitant mem was made was in 1954. The administration will give bers of the A.M.E. Church? If natives who are mem us tools to make dams the field for irrigation and farm bers in other churches should have the right to claim ing. We must supply free labour, the Government will to be the original or indigenous inhabitants of South give tools and meali-rneal, there will be no payment, West Africa where has our right to do the same decline because the system is for our own interest. All that was to exist? done to us is that the existing agricultural lands have Coming back to the question of Summons we must been reduced. declare that the person refer to as Defendant, namely It is imperative for the UNO to know that our peti Rev. Markus Kooper is an ordained minister of the tion has precisely doubled the treatment for us here African Methodist Episcopal Church. From his fore and our people working on farms. grandparents he is an original inhabitant of Hoachanas, He himself has born 40 years back at this same Ho The salary of the pass-issuer has been withdrawn achanas. His house was the search-centrum after the since October 1956. He was told by the Magistrate of karakul lamb pelt by the police of the Derm police Rehoboth that he has no right to issue a pass, but if station in 1956. He is a Teacher-Preacher. his people be found by the police without passes thev The refusing of the inhabitants of Hoachanas Re will be 'arrested. He will have no pay. His pay was £2.5 serve is since their being urged to move from Hoach per month. After having took the dangerous command anas, but there was no Summons served on no body. into consideration we conclude this command to be ille gal and unauthorized. We as pass-bearers advice the Another feature in this Summons is that the adminis pass-issuer to continue with the issuing of the pass, tration is separating which ought not to be separated, and we the pass-bearers dictate by the circumstances that is the removal of the residents and the karakul although we are against bearing pass shall undertake lamb pelt-theft affair which has a close relationship to to pay him. Since January 1957 we pay him for the the removal. issuing of Government's pass. At present his salan' is 13.-.-. per month. Honourable members of the great One more quite peculiar phenomenon of this Sum organization, we do not know what the South West mons is that the Hon. the administrator for South West African Government is wanting from us. Whose insti Africa has two quite different names, or that there are tution is the pass that we should pay for it? two administrators in and for South West Africa. The name of one administrator is DANIEL FRANCOIS DU Even if they are in possession of a pass our people Torr VILJOEN and the name of the second administra are arrested. As far as we can define it, the pass is a tor is DANIEL THOMAS DU PLESSIS VILJOEN, both of means of force-labour, a restriction of free movemen t them administering the Government of South West etc., that is all use of the pass. One of our sons who Africa. was in the service of the roads has leave that employer Summons ought to be served if however our refusal and wants to come back to Hoachanas from where he be regarded a criminal transgretion to all the Rednation was taking that employment. He was refused to he tribe and not to individuals as such. issued a pass and was sent to the police at Derrn who on their turn gave him a pass of two days to a certain We never gave the name of Rev. Markus Kooper farmer. That fanner wants him to graze his sheep, the to the administration to be styled as Defendant for our boy does not want sheepherding. The farmer who has refusal. Our fathers found Hoachanas' fountain, the no work leave him. (A method of force-labour). \Ve onliest water supply for the agricultural as well pastoral urgently and earnestly appeal to the United Nations 36 Or~anisation to be .delivered from this irresponsible WITNESS: The Honourable CORNELIS JOHANNES actions of South Africa, and that SWA immediately be CLAASSEN, Judge President of the High Court of South place under UNO. ':Nest Africa at Windhoek, the day of Your humble servants, for the Rednation: 111 the year of Our Lord thousand Nine Hundred and (19 ) (Signed) Johannes Dausab Neels Kooper (Signed) L. V. Postma. Daniel Dausab S. Haweseb Plaintiff Attorney Gert Pienaar S. Jantoe Themotheus Dausab Goli F. Kooper L. V. Postma. Simon Cooper Jacobus Nuganab Government Attorney, E. P. Afrikaner Rubeni Guriseb High Court Buildings, E. A. Jaseb Rubeni Guriseb WINDHOEK F. Nakhom Gurtat Nakum (Signed) L. V. POSTMA J. Nakhorn Frans Goageb Plaintiff Attorney Matheus Kooper Hans Velskoendrau Christian Afrikaner Jaclomor Nakum Registrar Dj the High Court Isaak Naneb of South West Ajrica Take notice that the Plaintiff has appointed the Office of L. V. POSTMA Government Attorney, High Court Enclosure A Buildings, Windhoek at which the Plaintiff will accept notice and service of all process in these proceedings and that you are hereby required, if you wish to defend these Illiquid Summons proceedings to appoint an address within three miles of the office of the Registrar at which you will accept notice ELIsABETH THE SECOND, by the grace of God, Queen and service of all process in these proceedings. of South Africa and of her other Realms and Terri tories, Head of the Commonwealth: To the Sheriff Enclosure B of South West Africa, or his lawful Deputy, Greetings: COMMAND MARKUS KOOPER, of Hcachanas Plaintiffs Declaration hereinafter called the Defendant, that within 14 days after the service of this Summons, he cause an appear 1. The Plaintiff is DANIEL THOMAS DU PLESSIS ance to be entered in the High Court of South West VILJOEN, in his capacity as Administrator of South Africa, at Windhoek, to answer West Africa, representing the Government thereof. DANIEL FRANCOIS DU TOIT VILJOEN in his capacity 2. The Defendant is MARKUS KOOPER of Hoachanas, as the Administrator for South West Africa and as such South West Africa. the Officer administering the Government of South 3. The piece of land known as Hoachanas is situate West Africa in the Magisterial District of Rehoboth, South West Africa and stretches from the Western corner beacon hereinafter called the Plaintiff, in an action wherein of the farm Gemini No. 119 situate in the magisterial the Plaintiff claims district of Rehoboth, South West Africa, along the boundaries of but excluding the following properties in ( 1) An Order of ejectment against the Defendant succession, namely GEMINI No. 119, WOLFPUTZ No. from the property known as Hoachanas herein described 121, Remainder of GOMCHANAS No. 122, Remainder of as situate within the Magisterial District of Rehoboth, BLANKENESE, No. 140, Portion 1 of SEKRETARISPAN South West Africa and extending from the Western No. 191, Remainder of SEKRETARISPAN No. 191, PAN corner beacon of the farm Gemini, No. 119, situate in AMA No. 182, The Remainder of BITTERWASSER No. the Magisterial District of Rehoboth, South West Af 116, JUDAA No. 117 up to the Western corner beacon rica, along the boundaries of but with exclusion of the of the farm Gemini, No. 119, being the point of begin following farms in this sequence namely Gemini No. ning, and is crown land which is vests in the said 119, Wolfputz No. 121, the remainder of Gomchanas Government. No. 122, the remainder of Blankanese No. 140, Portion 1 of Sekretarispan No. 191, Panama No. 182, the re 4. The defendant resides on and is in occupation of mainder of Bitterwasser No. 116, j udaa No. 117 up to the said Land, and his residence and occupation is un the western corner beacon of the farm Gemini No. 119, lawful. being the starting point (2) Alternative relieve (3) 5. By notice elated the 3rel December 1956, a copy Cost of suit. of which is attached hereto marked A the Defendant was duly notified that he must vacate the said land on As set out in the Declaration hereto annexed. or before Monday 31st December 1956, ~ut. t~e said Defendant has refused to vacate and still lS 111 As it is said :-and serve on the Defendant a copy occupation of the said land. of this Summons, and return you then and there this Summons, immediately after the service thereof, with The said notification was issued on the instruction whatsoever you have done thereupon. of the Plantiff. 37 WHEREFORE the Plaintiff prays for. ing our tribal-inheritance which we occupy over Hoa chanas were to be destroyed, and by means which We 1. An order against Defendant and ejectrnent from were to be frightened, and by means through which our the property known as Hoachanas and described above. properties including Hoachanas were to be taken from 2. Alternative relief. us by force, do we the tribe herewith apply to you to make an alternative application to and through the High 3. Costs of suit. Court of South West Africa to the administration of WINDHOEK South West Africa that the case of our refusal be re 5th December, 1957 turned and withdrawn and that the case of our being (sgd) L. V. POSTMA thefts which the administration seemingly is to shift out, Government Attorney served first in the Court. High Court Buildings, Csi,rtned) Herewith we return the Summons served on Rev. Windhoek, r. Goldblatt, Markus Kooper and request that the whole tribe be Attorney for Plantiff Plaintiff's Council. Summoned. A copy hereof together with a copy of the Summons 3. Communication, wndated, to Messrs. Harry Bloch has also been submitted to the UNO, and for this case & c«, Solicitors, Windhoek we appeal to UNO. A copy hereof has been directly submitted to the (Signed) johannes Dausab J alomou Pakono S.W. African Administration via the Attorneys below.' Daniel Dausab E. P. Afrikaner Themotheus Dausab Simon J antse Re: Summons on Rev. M arkus K ooper Gert Pi enaar Rulen Gariseb With reference to your letter dated the 5th December Simon Kooper Gurtat Nakurn 1957 and a copy of Summons herewith attached served E. A. Taseb Frans Flsaageb on Rev. Markus Kooper do we the residents of Hoacha Christian Afrikaner Hans Velskoendraer nas express our appreciation to you as our Attorneys J. Nakhom Samuel Howeseb for the work you have done for us so far in the existing Isaak Naneb J ohannes Cloete case and hoping will be ready to continue to do it. Neels Kooper Jacobus M ugauab J ohannes Cooper Methusalag N oedeb For your own information and convenience Sir we Frans Nakkom wish to inform you that the person to whom you have been directed to served the Summons is an ordained Enclosure A minister of the African Methodist Episcopal Church, who in general is known to us as Rev. Markus Kooper, Copy of a letter dated 24 December 1957, in Afrikaans, and not merely as Markus Kooper. It is however an with a translation into English, from Harry Bloch & irrefutable fact that he from his fore-grand-parents is Co., Solicitors, to Markus Cooper, Hoachasuist a genuine born Hoachanaite and that he thus together re: INHABITANTS OF HOACEANAS RESERVE with us is an original of Hoachanas. With further reference to the above mentioned case In so far as this case of refusing as the original tribe we must inform you that the Summons has been serve of Hoachanas, to be removed from our heritage which on us by the Government's Attorney from the High we inherit from our ancestors being not a case which Court of South West Africa. ought to be handled with individual persons and for which individuals such as Rev. Markus Kooper ought A copy of this Summons are attached herewith and not to be held responsible, and in so far as we did not it will be clear thereout that you and all the residents direct and introduced the administration to Rev. Kooper the Hoachanas Reserve on or before the 31st of Decem to regard him as such, and in so far as our arguments ber 1957 must vacate. of refusing is based upon our original rights as a tribe, We therefore offer that you immediately after the do we take the liberty and accountability as a tribe upon 1st of January 1958 must come and interview us in us to answer you as follows with reference to the Sum connection with the above mentioned case, as we, ac mons served on Rev. Kooper. cording to your instructions this case on behalf of the (c) That Rev. Markus Kooper on ground of the inhabitants of Hoachanas Reserve must drive. above mentioned reasons will not come to have an interview with you regarding the matter. HARRY Br.ocn & co. Enclosure B In so far as the aimed removal for us the residents of Hoachanas Reserve and the karakul-Iamb-pelt-theft Copy of a "Plaintiff's Declaration':" thereto coherent and connected which was imposed upon us with a premeditated and pre-planned purpose Enclosure C is concerned, whereof we already gave our partial dec Copy of an "Illiquid Summons"? larations to you is an inseparable unity which for the sake of peace and justice ought not to be divided and 5 Note by the Secretariat: Only the English text submitted by treated separately, whereof the last mentioned, the the petitioners is reproduced here. It is a literal translation of karakul-lamb-pelt-theft was made to serve as a front the Afrikaans text which has been retained in the files of the or mouth-piece by means of which our rights of claim- Secretariat. nIVate by the Secretariat: An identical copy of this enclosure was transmitted by the petitioners under cover of their letter 4 IVate by the Secretarial: This sentence was a handwritten dated 10 January 1958. See above enclosure to item 2 of this note. The balance of the letter, transmitted to the Director of annex. the Trusteeship Division, was a typed original with corrections 7 Note b» the Secrctoriat : This enclosure has been retained in in ink. the files of the Secretariat. It is similar to the copy of an 38 4. Communication dated 20 June 1958 to the Secretary Dr. H. Vedder, the honoured knower of the non-white General races of South West Africa and the writer of the his PETITION tory of.the non-whi~e. :aces of SWA. i!!.his description Both of our former petitionsf have been handed over of th~ ll~telectual abilities and potentialities of the vari to. t~e C~ief Native Commissioner representing the ad ous 111dlgenous races describe the Nama as follows. ministration of SWA and the Union Government to re "The Nama is spiritually alive, grasp and learn quickly, submit the same to the United Nations Organisation. has a good memory, is skilled and handy in light works. We hold that South West Africa is a Mandate con What is written in the old books about the dullness of stit~lted by the League of Nations and assumed by the Nama may be true only of his behaviour in an environ UnIOn Government as a Mandatory in 1920, and that ment which is totally strange to him. A thorough study therefore South West Africa is by no means a fifth prov has revealed that this race is the competentest of all the ince of the Union of South Africa. South West African races. His sensitiveness is usually a~d . It is thus our firm stan~point as the indigenous inhab tender he reacts quickly on right or wrong. Perse !tants of South West Afnca, who, totally have no voice verence 111 any respect to his characteristic and sensible goverm~1ent economy with a view on the future does not belong to !n the of our country, besides which there his virtue". IS no country 111 the whole wide world which we right ~ully can. call to be ~urs, that the United Nations Organ Sirs, we totally disagree and differ very wide with isation 1S the onliest body dignified and competent the last statement of Dr. Veddar, because if there has enough with her actually practiced "Motto" of PEACE bee.n any ~on-white race in this country who borne the JUSTICE and SECURITY for all to whom we th~ white-man s claws of oppression more than the others helpless, the voiceless, the outcast "and severely' op if there has been a non-white race in this country whose pressed indigenour inhabitants of SWA can flight for struggl~ for existence has been handicaped so gravely by succour. It is also our opinion and standpoint that the the white people who govern South West Africa from United Nations Organisation is the onliest body compe the very beginningnot as a Mandate but as captured fifth tent enough, who, with the consent of us the outcast province of the Union of South Africa in which we the indigenous inhabitants of SWA can change the Manda non-whites have been only made to feel us strangers tory Status of South West Africa. rather than as subjects, if there be a non-white race in We, the inhabitants of Hoachanas stand very much this country who has been made to make his existence in a position of criminals before the bar of the Union by licking on a muscleless dry bone and yet who have Government and the white subjects who votes for the been very patient, surely that is the Nama race. We country's government because we have dared to be the the present Nama generation are accounting for the exposers and opponents of the views and the long disputes between the Germans and our predecessors of borne unchristian practices and of the white-skinned fifty years back. people in South West Africa through which they fought Cases may be found where men have been deprived and fight for their so called superiority. of their rights for crimes and misdemeanors; but it has The treacherous actions, including the most horrible remained for the administration of SWA to call a man action of 1956, meted out against us the inhabitants of before the bar, to charge him there with an act which Hoachanas, an action through which our human-dig he is no more responsible than for the head which he nity have been profane most horribly have not only carries on his shoulders. No man has ever been deceived shaken our little hope, expectations and confidence in in our race in this country for his religion than Rev. the race who most wrongfully claimed to be God's M. Kooper, the resident elder of the African Methodist chosen race to dominate over us the non-white races Episcopal Church have been for the last five months. of South West Africa. They themselves have drive One Summon after the other has been served on him away the little confidence we had in them. Our onliest for the tribal refusal and petitions to UNO. hope is thus vested in the United Nations Organiza Why sirs, it appears to us Namas quite strange that tion only, and we therefore with all the honesty of our after having told so plainly about the good qualities of hearts pray that the whole of South West Africa and the Nama by a person whom they honoured as the ex 1Iot only a part of it without any further argument and pert knower of us the indigenous inhabitants of SWA delay be placed under the direct supervision of the Mr. J. G. Van der Wath, the hon. member of the Execu International Trusteeship System of the United Na tive Committee of South West Africa make the follow tions Organisation. That is the onliest way through ing analysis in which the creation of God has been which we shall be freed from this eternal slavery. gravely confused by assigning an honour of creating The great God of heaven and earth have seen fit things to the devil which he actually not did. in His wise providence to vary things in their colours In 1942 at Stamprietfontein while he was a Principal and natures. There are no two voices alike-no two of the Agricultural School Mr. Van der Wath compara trees alike etc. God has seen fit to make some white, tively describe God's creation as follows. and some red, and some yellow, and some black. We the N ama people of South West Africa belong to the "God made heaven and earth and all the useful things category of the yellow-skinned peoples of the earth. in them. The devil also wanted to make things and he make all the useless and nuisance-giving things. So God "Llliquid Summons" enclosed 1Jy the petitioners with their letter made the sheep, and the devil also wanted to make a of 10 January 1958 and reproduced above as enclosure A to sheep and he make a goat. God made the bee to make item 2 of this annex. The textual differences in the two copies are as follows: the text as reproduced in item 2 of this annex honey, the devil also wanted to make a bee and he make does not show "the remainder of Sekretarispan No. 191" as one a fly. God made the horse, the devil also wanted to of the fa rrns bordering Hoachanas, and includes, in the notice make a horse, and he make a donkey. God made man, hy the Plaintiff's Attorney the words "and that you are hereby the devil also wanted to make a man and he make the required, if you wish to defend these proceedings", these words being omitted in the copy retained in the files of the Secretariat. Kaffirs, the Hottentots and the Bushmen" concludes /:! Sec items I and 2 of this annex. Mr. Van der Wath, Just few years later after he made 39 Afri~a then~ the above description or comparison Mr. Van der Wath people of South West acknowledge as Our was sent to the Legislative Assembly of South West superiors throughout, by vir tue of their education and advantages. The acknowledgement which they have Africa. abused. We have been authorized by the horrible actions Sirs Mr. Van der Wath's comparison presents the of the white people to write petitions to UNO, yet the real doctrine of the white people and the administration white people now seek how. they.will .torture ~s more towards us the non-white people of this country of ours. than before so if we be killed m this campaIgn, we We, the indigenous inhabitants are equalize with ~he may have n~ opportunity any more of telling the U~i~ed animals. We are assigned as.devil's creatures. Now sl.r~, Nations Organisation about the blackman's condition are we really not human-beings? Are we really devil s of living as it really exist in this country of ours. creatures ? ? ? ? ? ? ? ??? We are horribly persecuted because of our religion by Sirs we have totally no representation, equal or un a government who claimed to be a de~ocratic gover~ equal in the government of our country. The P?st ment in which every body has the nght of worship Chief Native Commissioner, Welfare Officer, Location whom they, he or she wants to worship, and where and Superintendents serves no satisfactory purposes. These how he wants to worship. Sirs, we the Nama people are the most deadly offices for us, and no matter what know the white man for centuries, and we have bear any other white may say about that, it is. true. If t~e the white man as long as we know him, We have been white man can be represented by the white people m slaves long enough, educationally, socially, religiously, the government of the country how is it impossible for economically and politically we do not want to be merely the non-white to represent his constituents? If a non tools of that sort any longer. We demand freedom from white cannot represent his constituents we want to kn?w UNO. how a white man who has been sent to the governmg bodies by white votes can represent non-white consti By expelling us and denying us from the direct p~r uents who have not sent him there? ticipation in the government of our country, the white people may think that they are doing themselves .an In emergency of war the white man call us brother, honour without thinking that as long as they denied but even if tomorrow a war should arise, we would not us our deserved rights under an excuse of Union raise a muscle to defend a country which did not defend Bantu Outhority Laws which they are now introducing us and wherein our manhood is horribly violated and through the Rhenish Mission Schools since ~956 t? ,in denied. doctrinate our children they make us their political enemies. Sirs, if the white man who came too late to The fashionable way in this country when hard work this country do not want to see us as Mr. AlIen has is to be done, is, for the white man to sit at his ease or express it so fittingly on the 16th of April 1956, then get into his shining cart to the meetings of the Fanners we say let the white man go away, Unions etc. Throughout years we have show by our conduct that we Namas are good citizens just as good One summon after the other have been served on as any citizen of any colour. Until today we have not Rev. Kooper since December 1957 for these petitions refused to pay our taxes, we have obeyed all orders of of ours, The United Nations Organisation on recom our employers, we have take good councils from friends, mendation of the Committee on South West Africa we have worked faithfully, and earned honest living. have took the resolution that we should remain on the places on which we want to remain yet the Union Gov The white people of South West Africa have monop ernment have not stop to drive us away from the places olise all the elements of superiority and we continue where we want to remain and where we have been for to do it unhindered unless South West Africa be placed centuries. under the direct control of the United Nations Organi sation. The "Pass" is not a change of address. It is on1y a means of force labour and a restriction of our free They have our right of citizenship and theirs. They movement. On the 24th and 25th of April 1958, just have our money and theirs. They have our education shortly after the general election Dr. Eiselen, secretary and theirs too, and they have our land and their land of the Department of Native Affairs in the Union was too. We, who number hundreds of thousands, the in Windhoek, and helel a meeting with the officials. He Narna, Herero and others in SWA, including our wifes expressly said that the government will proceed with and children with not even a foot of land to call our its Native policy of removing us from our long dwelled own, strangers in the land of our birth, without money, places, because the results of the election has shown without education, without aid, without a roof to cover that the "nation" is satisfied with the nationalist policy us while we live. It is extraordinary that a race such and has therefore strengthened Dr. Verwoerd's hand as the whites in South West Africa, professing educa to carry out his policy. tion and superiority, living in a land where ringing bells call child and parent to the church of God, a land where It was about between 1920 and 1930 that Mr. Minnes, Bibles are read and Gospel truths are spoken, and where a district Magistrate at that time on Rehoboth urged courts of justice are presumed to exist, we say that us to move from Hoachanas to the present Aminuis with all these advantages on their side, they can and Reserve of the Herero people. When we refused to move are making war upon us the defenceless poor blacks of from Hoachanas with the same reasons on which our South West Africa as Mr. Allen has so strictly express present refusal is based, he said: I will build fence the word at Hoachanas 16th April 1956, "YOUR CHIL around you or I will fence you in and you shall eat DREN SHALL LIVE AS BIRDS AND WILL HAVE NO FIXED the lime stones and if you ask help from me I shall ABODE." The white people know we have no money, no close mine ears for you, and will not help you, It was Road Motor Services, 00 Railroads, no telegraphs, no precisely after this statement that the fence round advantages of any sort, and yet all manner of injustice Hoachanas was build and the 36,000 hectar of land was is place upon us. They know that we the non-white taken which belongs to Hoachanas reserve. Sirs this 40 - matter is really too earnest for us and we want to know tration as far as we the natives of South West Africa what the actual meaning of the word Mandate is. Does is concerned. If the administration of South West Africa Mandate mean that the government who has been en wants us not to refuse to a plan which she wants us to trusted the Mandate should enslave the original inhabi agree to, then the administration's officer simply tells tants of a Mandated territory or to estrange their origi us the matter precisely in an opposite direction in such nality in such a Mandate. If not when shall we have a nice sweet sugard words and we believe that we have our own farms, and as the land has been devide up been told what is meant, but we very soon afterward for the whites only where shall we have our farms in find out that we were just misled, and if we name what case we shall have farms? There is no single Nama, we were told then comes the real matter and the officer Herero or Damara who has his own farm. then said that he could do nothing in the matter as we have already agree to it. This was the case amongst We ask that South West Africa be place under the much and many other cases when Mr. John Neser, the supervision of the United Nations Organisation. former Secretary for SWA and ex-Chief Native Com We ask that Hoachanas be given back its land so missioner for SWA promisingly told us the members that its size be 50,000 hectar of land as the German of the AM.E. Church at Hoachanas on the 13th May government had made it to be. 1949 that the administration is only looking to see whether we are determined in the new undertaking of We ask that the A.M.E. Schools without any further the A.M.E. Church or whether we will not turn to any delay be recognized and subsidized by the government other church or to the Rhenish Mission. When we were like other Mission Schools in the territory. grant a site in 1952 we thought that the administration 'vVe ask that we the inhabitants of Hoachanas be was judging that she has found us to be determined in compensate for the slander or profane of our good our undertaking, but when the karakul-pelt theft was set name meted out against us with the sum of £6,000.0 in motion in 1956 against the AM.E. Church we realised or let it be very urgent for the United Nations Organisa and understand for the first time Mr. Neser's speech tion that the karakul pelts be presented to us. and statement that it was just to put the members of the A.M.E. Church at Hoachanas at their ease or to When the prices of cattle, sheep etc., are up then we soothe them in order to give those who make plans to are told that the price has fallen. We nearly do not get destroy the A.M.E. Church in Hoachanas and vicinity anything for our animals. a good chance to make their plans such as the karakul pelt theft etc. ; while the members of the AM.E. Church If it seemed that our farming of cattle or sheep confidently are waiting on what they have been made to goes forward, deseases are found in our animals, and understand by a responsible officer of the administration. that animals are removed, and so our progress are care fully watched by the Welfare Officers and so on. The second aspect of the temporary permit is that it All Namas will account for our refusal and petitions clearly laid a foundation for the administration to re to UNO so we take the liberty of speaking for all the move a permit holder for a sufficient reason. We beg to Namas as far as the general conditions are concerned. draw your honourable attention to the underlined word REASON and the karakul pelt theft which was made by (Signed) johannes Dausab Samuel Howeseb the farmers to provide the expected sufficient reason to E. A. Jaseb Methusalay Noedeb the administration's action of removing us . . . We D. Dausab J ohannes Howeseb earnestly ask the United Nations Organisation not to Timothens Dausab N eels Kooper leave us to the mercy of the administration of SWA, Simon Kooper J acobus Naganab because this matter is a High Treason as far as we the E. P. Afrikaner J. Nakkom inhabitants of Hoachanas are concerned and yet from Matheus Kooper the administration against us the 1110st helpless indige nous inhabitants. SUPPLIMENT We the Namas are not black people as far our skin is concerned, and not we ourselves have said it but Dr. Sirs in connection with the temporary permits issued Vedder. If we the Nama people belongs to the yellow to us the residents of Hoachanas by the Magistrate of skinned peoples of the earth and the coloureds, the Rehoboth and the Welfare Officer from July 1952 on Rehobothians belongs to the same yellow-skinned peoples ward we want to explain some deadly aspects of the of the earth and if Dr. Vedder said that we Namas matter. stand higher in our capabilities than the other co-in digenous inhabitants we want to know why we N amas Firstly, we were told that all those people who 3;re could not have the same privileges accorded to the Reho in or who will be in possession of the temporary permits bothians and other coloureds, The same Union Govern will dwell unhindered at Hoachanas and that all those ment treat the Griquas and the Coloureds in the Union residents who will be found not in possession of the on the same scale, and we Namas too have been in the permits will not be allowed to dwell in the reserve. As Union or come to Union ever since we joined the A.M.E. we have found the implication of this information to )Je Church to hold Annual Conferences and Conventions very dangerous we immediately begin to asked perr:llts there the same Union Government whose administration for our families and relatives on the farms at the time in South West Africa profane our human-dignity treat the permits were issued. In some cases we obtain the us as coloureds. In Union every door that is open to permits but in some cases it was said that the permit coloureds is also open to us Namas of South West A.frica. system is only for the immediate residents of Hoachanas If however there is any justice in the colourbar policy of reserve and not for the Namas on farms even if they the Union Government, or of the administration of SWA originate at Hoachanas and so it was totally refused. we want to know where is the analogy made? We Sirs we have repeat this affair as it is very serious further want to know why if her colour policy is based to us, and to show the general methods of the adminis- on justice should the administration insist on us the 41 Namas to original and National-naming NAMA ing our dissatisfaction over the slander the administra LEAVE and accept a Union Nationalist-Bantu. We tion has imposed upon us in 1956 gave preference to want the UNO to see our point of argument, we are go first with a strong delegation to the General Assem not talking of colours because we are not of the opinion bly to loosen SWA or break it away from what she that a certain colour is inferior, but we are arguing called to be the UNO interference into the domestic on the point of justice. Please place SWA immediately jurisdictions of SA, and as was and very often are said under UNO, we want PEACE, JUSTICE and SECURITY to go over to bring back the United Nations Organi for all South West Africans irrespect of his/her colour sation to the San Francisco agreements and principles and creed. on which the UNO has been founded, and then after ward to come back to SA and SWA and drive us the in 5. ComJnunication dated 31 July 1958 to the United digenous petitioners and the persecuted Rev. M. Kooper Nations into the sea as Mr. Konrad Hanekon of Blankenese said on the 21st of February 1958. He said that he will PETITION be very grateful if the administration ask help from them, the farmers, to help her in removing us from In the first instance we wish to express our sincerest Hoachanas. He would not return before he see us appreciation and gratification to both the Committee drowned into the sea. This is the desire of all the sur on SWA and the General Assembly of the UNO for rounding farmers who know that they have their farms what they have been and still on our behalf are doing. on the land of Hoachanas Rooinasie reserve such as Blankenese, Gomchanas, Wolfputz, Gemini, Judaa, Bit Secondly, the fresh complications of conditions in the terwasser, Panama, Sekretarispan, etc. territory, describe and submitted herewith, the implica tions whereof are the paramount as well of alarmed Judging from the underground development of con weight and importance to us, we your humble petitioners ditions, whereof secret activities are the remarkable therefore most humbly but earnestly request the United features and from the unusual and extraordinary ex Nations Organisation to give your immediate and un citedness of the white population of the territory since divided attention to this petition. Dr. Eiselen, the secretary for the Union Department of Native Affairs held a two-day meeting with the offi The period between the Union Government's deci sion (1956) to retract her full participation from the cials of the administration of SWA, April 24th and 25th activities of the United Nations Organisation as far as 1958 after which the so-called UNO Good Offices Com the issue of SWA is concerned and her present decision mittee was invited to come to South Africa, we the peti tioners hereof on behalf of the Nama inhabitants of the after having met the UNO Good Offices Committee, territory appeal to the UNO not to take any decision June 1958, to return with a strong delegation to the General Assembly fills us Namas with an uncontrollable about SWA on the report of the so-called UNO Good fear of the dangers and losses laid down for us the Offices Committee as any concession the Union Govern indigenous inhabitants of SWA during the course of ment could have made to the Committee absolutely does the stated period. It will be very difficult even for the not represent our (indigenous inhabitants) opinion, United Nations Organisation to recover the value of which from our point of argument as the indigenous the alleged dangers and losses. Individual departments inhabitants on whom the Mandate has been founded of the administration of SWA have already gone to the should be the fundamental one. Dr. Eiselen was either Union Government, and while being at this point of invited by the administration of SWA on behalf of the gradual incorporation of SWA into the Union of SA, white population of SWA or he was sent by the Union we would like you sirs to permit us to ask the question. Government to serve as link or laiason officer. It is very "If the different departments of the wherewhich the clear that Dr. Eiselen's two-day meeting stands in refer administration of SWA is composed has been incor ence to the Union Government's invitation of the UNO porated, and if the territory be represented by six Euro Good Offices Committee to South Africa and the Union peans on behalf of the white population of the territory, Government's future attitude in connection with the how does the Union Government reconcile this very act issue of SWA's International Status. All we know from of incorporating individual departments and the repre news papers about purpose of this TWO-DAY meeting senting the white voters in the Union House of Assem is that the present Chief Native Commissioner Mr. bly with his statement that the territory has not been Blignaut was appointed and that Dr. Eiselen announced incorporated? that the hands of Dr. Verwoerd have been immeasurable strengthened by the NATION at the past general election, We furiously appeal to you sirs and request that all an act which is a clear proof that the NATION is satisfied the departments already incorporated into the Union be with the nationalist Government's native policy as a returned and the representing SWA in the Union Par result whereof Dr. Verwoerd will continue shifting us liament be discontinued and that SWA as a Mandate about from our God-given places. Dr. Eiselen also an administer her affairs through SWA Legislative Assem nounced that the natives will no more sell their labour bly as before. Otherways SWA has been incorporated to the white people. The white people must do their and has become the Fifth Province very much against work themselves and the natives theirs. According to our wish. the Press News not very long after Dr. Eiselen's meet ing at Windhoek his honourable the administrator for Our further request is that the United Nations Or SWA announced to the heads of administration depart ganisation not cease to continue appointing the Fourth ments to slacken or relaxing with the marketing of the Committee to deal with the specific matters of SWA. Administration news. (This announcement of the ad Instead of attending to the horriblest of a high treason ministrator is a clear token that there is something to a human being nor a Government could have committed hide) . against his eo-human-being, the Union Government, only because we are of a darker hue, have purposefully Sirs, the department of Native Affairs of SWA have and planfully, obviously with the attitude of disregard- already gone to be centralised into the Union Depart- 42 ment of Native Affairs and the Union Parliament and God-given places the High Court of SWA on the wrong, while, we, the Namas, the Hereros and other indigenous perverted allegations of the administration of SWA in inhabitants no more know what is going on with us, ~bsence of any real German documentary evidence, and where we are and what we are, the administration of In absence of our representation in the room of the High SWA have now even gone so far to take out the im Court of SWA have gave the following pronounciation portant matters from the newspapers. We natives have · .. (a) That the land known as Hoachanas (120) was totaly no right to hold our public meetings to discuss never declared as a reserve.... (b) The German gov our racial problems, and we have also no right to attend ernment have considered Hoachanas as a government's European meetings.... In accordance with the announce land and that the present government also regard it as ment of Dr. Eiselen at Windhoek that Dr. Verwoerd government's land.... (c) How politely we were ad will continue performing his native policy of shifting us dressed about the subject, and how the purpose of our natives from place to place and in connection with the being removing was explained to us, and how the ad so-called Summons served on Rev. M. Kooper, the ministration has found another land (ITZAWISIS) for resident elder of the A.M.E. Church at Hoachanas a us which is beter and more suitable for a reserve . legislature is to be introduced or has been already (d) Hoachanas is isolated from other native lands . introduced during the current Session of the Union (e). It is surrounded by white area.... (f) That it is Parliament by Dr. Verwoerd that natives who may be o?vlOusly a question of the Administration's policy to against the policy will be regarded as agitators and will give the Rooinasie people who are residing on Hoach be treated accordingly, they will either be banished or anas another land which is adjacent to another Nama imprisoned. area, and how the administration has explained this When the UNO Good Offices Committee came to t? us.... (g) How we have been inspecting the new South Africa it was officially announced that the Com SIte, and probably have been satisfied with it,but that mittee will not come to South West Africa; as the actual we have feeled that we want not to move to the new purpose for which the Committee was appointed is not site. . . . (h) That Hoachanas had 50,000 hectar of la deal with the administrative affairs of SWA, but to land before, and that it has now 14,000 hectar of land. our surprise after the Committee have complete their ·.. (i) Parts of the 50,000 hectar of land of Hoachanas work in Pretoria, the members of the Committee was was sold by the German Government to private persons. invited by Mr. Eric Louw on behalf of the Union Gov · .. (j) That we have assumed to dwell temporarily ernment to visit South West Africa not in their official on the land....(k) That portion of Hoachanas was a capacity but in their private capacity. Two members, ternporary reserve. . . . (1) That the application for the Messrs. Sir Charles Arden-C1arke of Britain and Dr. payment of the cost (costs of suit) against the plaintiff Vatco Leitao Da Cunha of Brazil accepted the invitation has been reversed. . . . (m) That Advocate 1. Go1d for which tour the Union Prime Minister's plane was blatt (g.c.) was commissioned by Muller & Co. to availabled... At Keetmanshoop the visitors were the appear on our behalf. ... (n) That we as defendants guests of the Keetmanshoop's Town Mayor Mr. U. were represented by Markus Kooper. ... (0) That the Gordon. They were shown the recently builted native administrator Mr. D.T.d.P. Viljoen has apeared as hospital, the few houses of the native housing scheme plaintiff on behalf of the administration.... These were in the location, and then they were introduced to the the allegations of the SWA's administration about Ho SWA Native Teachers Association assembled in their achanas Rooinasie reserve on which his honourabLe annual meeting there. At Windhoek the company was the Judge for SWA Mr. Hofmeyer has made the desired joined by the newly appointed Chief Native Commis pronounciation. sioner for SWA, Mr. Blignaut and the assistant secre The above pronounciation of the High Court of SWA tary for SWA Mr. Wesse1s. They then proceed to on insistence of the administration has corneas a decla Augustineum at Okahandja where Native Teachers ration of war to us. This declaration is published in the Afrikaans Medium School is located. From there they "SUIDWESTER" of Saturday the 26th July 1958 and in proceed to Tsumeb, Okaukuejo, Ondongua, Runtu and "DIE SUIDWES AFRIKANER of 29th July, 1958", and more probably Gobadis. Judging from the fact that only on the 29th July 1958 the present Magistrate of Reho places where the administration just because of the both Mr. Chatwind, accompanied by one police of pressure from the United Nations Organisation have Rehoboth and one of Derm police station Mr. T. Olivier built hospitals and other so-called improvements were came and told us the pronounciation of the High Court, visited, it is quite clear what sort of concession the Union and that the administration will take steps against us Government have made to the Good Offices Committee to effect the removing. This pronounciation of the Court with regard to the solving of SWA's future Interna was one-sided because we were not represented. In the tional Status. We are absolutely not satisfied and have picture presented by the pronounciation of the High no confidence in the Union Government and the admin Court the UNO had a good proof of how the courts of istration of SWA. We therefore most earnestly request justice are ruled by the administration. In the slander the United Nations Organisation to put SWA without which was imposed upon Mr. Frank in 1956 that he was any further arguments and delay despite of what or how in unauthorised karakul-pelt trade, the Attorney General good the report of the Good Offices Committee may sound ruled that Mr. Frank must not be persecuted, as the and the Union Government's strong delegation may evidences brought against him are insufficient. After insist upon UNDER TIIE TRUSTEESHIP SYSTEM OF THE this pronounciation Mr. Frank demanded £3000.-.- for UNITED NATIONS ORGANISATION.... The report of the the slander from "DIE SUlD-WESTER who published Committee was prepared in London after the Committee the slander against him. Just in a similar way a was secretly invited to SWA. The visit was thus pre slander of karakul-pelt theft and unauthorised karakul arranged by the Union Government to serve as addi pelt trade was imposed upon us, the A.M.E. residents tional contribution to the alleged concession that Union of Hoachanas for which purpose the members of the Government might have made to the Good Offices Com Rhenish Mission, one of whom is Simon Jansen of mittee. Just as Dr. Eiselen had announced that Dr. Hoachanas was severely tortured to betray us, and that Verwoerd shall continue to shift us about from our he should be used as crown witness against us. To our 43 greatest disappointment and dissatisfaction no pronoun the mock-theft of 1956 imposed upon us alleging that ciation has been made about our being innocent or guilt those taxed people were the German given people the in the imposed slander. In case the court has found us administration declares that she has no right to claim to have stolen the pelts we very earnestly appeal to the Hoachanas to be her's. With reference to the declara United Nations Organisation to insist on the adminis tion of the High Court that our removal is just a tration of SWA to present the karakul-pelts to us. In question of the administration's policy and that Ho case she has found that in the similar way as in the case achanas is isolated from other native areas, the conse of Mr. Frank the evidences brought against us are in quence where of we the Rooinasie pelple residing at sufficient we urgently appeal to the United Nations Or Hoachanas are to be given another land which is ad ganisation that the administration of SWA immediately jacent to a Nama area, we must declare that the nearest without any hesitation and silence give us £6000,-for farm from Hoachanas is about six miles. If we who are the slander she has wilfully imposed upon us, and that residing on so far distance from the nearest white farm the Attorney General in a similar way as in the case can be regarded as black-spots then we want to know of Mr. Frank give his pronounciation that we should what the administration's policy regarding the Narnas, not be persecuted for the alleged karakul-pelt theft. Damaras, Hereros, Ovambos and Coloureds who are Sirs, we believe and hold firmly that the UNO is the just residing at the doors of the white farmers are.... onliest body dignified enough with her motto of Peace, Though differing in colours, the yellow-skinned Nama Justice and Security for all irrespective of his colour people and the black-skinned Damara people have only or language who can see that justice be done even to a one and the same mother-tongue or vernacular (the voiceless indigenous inhabitant of SWA such as us the Nama language) the Damaras have no different lan Hoachananites, the posterity of the Rooinasie Namas. guage as their mother-tongue.... Though differing in The courts of justice are dominated by colour prejudice languages, the Nama people and the coloured people in this territory of SWA and we are the strongest are of one and the same colour (and is of the yellow conviction that SWA is a Mandate under UNO. skinned category). Tough differing in languages, the Damara people and the Herero people are of one and Our declaration about H oachonas Rooinasie reserue the same colour, they are the black-skinned people. The Ovambos also belongs to the black-skinned people and First of all, it is not the Union Government who have had a different language than both of the former races. begin with the system of building reserves in SWA. ... All through the Union administration over SWA This invention of building reserves for us the inhabi we the above mentioned non-white races of SWA have tants of SWA comes from the earlier German mission lived together peacefuly side by side, and no one of aries. The tribal boundary of Hoachanas was too big the above-mentioned races have ever interfered with the and vast than 50,000 hectar. The missionary Friedrich internal affairs of the other race. Each race is still what Judt who served the Rhenish Mission from 1882-1904 she was before apartheid. Although they are of the one among our tribe was acting as the chairman of the Re and the same colour the white people have originaly serve Meeting at Hoachanas in 1902. The tribe was different languages, and though they are of different represented by the late Captain Manasse Noreseb and languages and each one of them wants to preserve his his Councillors. Two places, Hoachanas and Hatsamas language (that is English, Afrikaans and German) they in the far North were regarded as the tribal-head are, rather insisting on European Unity and do every quarters. From these two places the missionary chose thing to accomplish that on ground of their colour ir Hoachanas as the suitablest place for a reserve where respective of their languages. If the white races could majority of the tribe easily can make living. Land of reside together on ground of their colour then we want Hoachanas fertile for horticulture and is a good pastoral to know how yellow-skinned and the black-skinned races land. The main aim of the missionaries in their plan could not be allowed to dwell together as before. . of building reserves was to centralise the tribes so that We are no more in stages where we can be regarded to they could do their religious work conveniently... On be primitive... All we come short is the proper educa the firm assurances and explanations of the mission tion which will make us useful citizens of the world in ary that they will loss no portion of the reserve land, general and not the South West Africa's present edu and that the tribe rather shall retain the land even if cation-like mockery. Africa, including South Africa is they be defeated by stronger nations in emergency of no more an isolated country from the rest of the world. war the captain give his consent to the proposal, and Afrikaans is only South Africa's language and not the agreement was submited to the German government world's. We want English medium Teachers Training by the missionary for approval and declaration Ho Colleges by means of which we will be prepared for achanas as reserve and unchangeable property of the more responsible posts in any part of the world just as it Rooinasie. This was approved and declared with 50,000 is the case with the whites of South Africa. . . The hectar of land. No portion of the land was sold to any so called Summons served on Rev. Kooper is just a private person by the German Government from this mockery of affair and the alleged High Court is nothing 50,000 hectar of land... Sirs, had it not been that the more nor less than a mock-trial which just stand under German government declared Hoachanas as reserve the direct control of Messrs. J. G. Van der Wath there should have been no talk of 50,000 hectar of land (M.E.C.) and W. J. Lategan (M.L.A.) on the in of Hoachanas reserve, and even the High Court of sistence of the surrounding farmers, the Farmers SWA has agreed that Hoachanas had 50,000 hectar Unions, the Dutch Reformed Church, the Rhenish Mis of land before. The German government never regard sion Church, whose name has been modified as Evan Hoachanas as crown, nor government's land, neither gelical Luthern Church.. Mr. Folkus, the father-in was it temporary reserve... The government that law to Mr. Willem Durand of Gomchanas, adjacent to took our land and gave it to the white people is the Hoachanas said: "The government has now realised Union Government and absolutely not the German gov that the new church (A.M.E. Church) is not a good ernment. In so far as she make plans such as the church, consequently the government is now busy to taxation of our elder residents 31st January, 1952, and drive out that church. . . . This depriving the new 44 church has already begin In the Union according to Sirs, if Rev. Kooper be killed is obviously the aim Mr. Folkus. and wish of the "NATION" we shall demand his innocent At an another occasion the same Mr. Folkus said. blood from the United Nations Organisation. If he be "The removing of Hoachanas is not as it sounds. The banished we shall in the similar way demand his return removing originates at the new church. The govern ing to us from UNO as minister of the A.M.E. Church. ment have imprudently recognise this church but have On the 16th of April 1956 Mr. Allen said we must later realise that this church is not a good church. If first go and inspect Itzawisis and if we are not satisfied one fares through Hoachanas and see the new church with it, the government will not buy it. We have been building, then one thinks of the event which took place refusing to go and inspect the Itawisis but on ground in France where the black people have deprived the of the stated reason we go and we told the Chief Native white people... Mr. Willem Durand of Gomchanas Commissioner that we are not satisfied with the land. said. . It is the AM.E. Church which are deprived We never told the Chief Native Commissioner that from Hoachanas, it is not the removal as such. The we are satisfied with the, yet the High Court now reason is that the church prohibits the people to work wil~uly based hi.s. pronounciation on Our being going for the white people, that is what I have heard, but I to Inspect Itzawisis. will not say from whom I have heard that, and but it On the same date the 16th April 1956, Mr. AlIen is true, because if you non-whites get the same learning read also a word of Rev. Diehl of the Rhenish Mission which the whites get, where shall the whites got their at Windhoek that the school children of the Rhenish servants from? Mr. Durand conclude askingly. Mr. Mission must remain behind until a school should be Stoffel Oberholzer of Edaen said. It is because of the build for them. From this word of Rev. Diehl we note rebellion of the AM.E. Church that onas have not J that the clergy of the Rhenish Mission had arranged come to shear my sheep and that is also the reason for together with the officials of the administration that which you are removed from Hoachanas... Mr. F. we should be removed to the A.M.E. Church against L. Taljaard said in 1950. . Just as certain as the which the whole removing was planned the sudden Farmer's Union and the administration of SWA exists ne,,:s came as ~ blow and as .a stalk. We had no oppor so certain will you be removed from Hoachanas, be tunity to talk 111 advance as 111 the case of the Rhenish cause I hear that you have joined a communist church Mis~i~n cl~rgy with the administration, and yet the and that you also are one of the leaders of that church. administration wants us to talk to her afterwards in The feeding-scheme of your children are paid by us connection with the removal. . While he told us on the "tax-payers" and you idly lay down and eat from the 19th October 1955 at Hoachanas that the surround that feeding-scheme and refused to work for the white ing farmers wants that we should be removed from people.. Mr. Taljaard was at that time the owner Hoachanas because we do not want to work for them. of the farm Springbokpan, dist. Gobabis, too far from Mr. Allen again on the 16th of April said that it is the Hoachanas. . Sirs, with these few statements of the administration who wants to remove us.. Sirs, we white people about the removing we believe to have believe both of these statements. It is as well the farm present to you the real origin of the horrible affair. ers and the administration who wants to remove.... This ai:air called removing us because we are Namas Because we were not satisfied with the method of and are isolated from other Namas is not true.. It threatening and intimidating us which was the method is the persecution of the AM.E. Church.. Rev. Kooper followed by Mr. AlIen we immediately after the first is persecuted because under his leadership the church meeting of Mr. Allen wrote to his hon. the administra has marched from a lowly estate just like a brave tor complaining about the procedure followed by the soldier of Christ's army against the evil spirits of this chairman, no answer. darkened territory of SWA. We have also asked Rev. On the 30th May 1956, Rev. Diehl's letter was read Kooper to translate our petitions, prepared in Nama to the members of the Rhenish Mission, telling them into English. He accept to do this for us and we thank that this removing does come from the administration, him for that more than tongue can tell or pen can ex but that two men of the Nama residents of Hoachanas press. This is the main reason for his persecution. together with the surrounding farmers from 1952 on Because the "Nation" has strengthened his hands wards until this day are working for the removal. This Dr. Verwoerd, the minister of the Union Department letter presents a picture how Rev. Diehl knew about of Native affairs sent his secretary Dr. Eiselen to in the plans, which meansthat all of the clergy of the Rhen form the officers of the SWA's administration to effect ish Mission knew about the godless work. The two our removal from Hoachanas. Sirs, the General Assem Nama residents refer to in the letter are the passissuer bly adopted the resolution that no land inhabited by of the Rhenish Mission and the Head evangelist of "Non-Europeans", whether or not such land has been the Rhenish Mission. They were working about the set aside as "Native" reserve land, be alienated solely removal with Mr. Jan Van der Westhuizen Berda P. O. for the benefit of the "European" settler community, Uhlenhorst. Although Mr. AlIen said on the 26th of and that immediate steps be initiated to ensure that the September that we will not be removed even if half of "Non-European" majority shall not be deprived of the us agree to move from Hoachanas, all must agree said land necessary for their present and future needs, based Mr. Allen, but very much against this statement of Mr. on the natural growth of the population and on the AIJen the passissuer of the Rhenish Mission and the principle full participation by the "Non-European" head evangelist insist for the removal until! finaly two population in the economic development of the Terri of them with few others were removed to Itzawisis, tory .... Sirs, in defiance of this resolution of the where they are now dying from thirst. This was on the twelfth session of the United Nations General Assem 13th December 1956. The whole tribe except those re bly Dr. Verwoerd is continuing with his treats against bellions are still finding ourselves at Hoachanas with us... We have been inspecting Itzawisis and found the determination that we do not want to move from it useless land which is just good for the purpose of Hoachanas. We did not gave Rev. Kooper as our De grave yard. fendant, and he did not represent us absolutely, yet the 45 z High Court had pronounced that Rev. Kooper was W~ request the .u~ited N ation~ Organisation proceed representing us in the High Court. As the slander of to with the appointing of the Fourth Committee un Karakul-pelt theft so purposefuly imposed upon. us in less it happened that SWA has been placed under 1956 with the slander imposed upon Mr. Frank of the United Nations Organisation, but let South West Lidfontein we tight together to composed an insepara Africa never be given to the Union Government. That ble unit we thought it advisable to consult the same will be our last day. Attorneys which Mr. Frank consulted. They were We request the United Nations Organisation from Messrs. Harry Block & Co. r.o. Box 338, Windhoek the bottom of our hearts to insist on the Union Govern to commissioned Advocate M. J. Kritzinger to appear ment or the administration of SWA that the land taken on our behalf. We totaly did not consulted the Attor by the administration of SWA 36,000 hectar of land neys G. Muller & Co. to commissioned Advocate I. immediately be given back to Hoachanas and that all Goldblatt (Q.C.) to appear on our behalf. All we can our scatered people near and far have to come to reside say about Advocate I. Goldblatt is that he was desig at Hoachanas at any time they want to come back. nated as the Plaintiff's Counsel in the declarations of the Plaintiff. Shortly after we consulted them we get We further request the United Nations Organisation the impression that the Attorneys were just gathering that all the departments already incorporated into the our declarations to served the administration so that Union be return to SWA and SWA's representation the administration fight us with our own weapons. The in the Union' Parliament be discontinued. Attorneys demand :£75.-.-. as deposit, the payment after We urgently request that the administration give us we resigned them. the £6000.-.-. for the slander. Because we have said in our very first petition that We request that our A.M.E. Schools without any assassination by police awaits us because of that peti further delay be opened on all the places where the tion, the farmers and the persecutors have now take A.M.E. Schools operates. the High Court of SWA and the Judge thereof to hide Our main and urgent request is that SWA should their ungodly works under the High Court and the be placed immediately under the United Nations Or alleged High Court have allowed herself to protect ganisation with some other government. such unjust works and has publish her pronounciation by means of which the whole population of SWA Finally we herewith attached a copy to present to (white or black) have been horribly misled. you the real educational system as it exist and under which we the AM.E. members could not have our The pronounciation is also a means to give the police schools opened, your obedient servants on behalf of the power to assassinate us. Mr. William Heunis of Croxley oppressed and persecuted race. said that Mr. Lategan goes from farm to farm, advice N.B. Last but by no means least we requested the the whites who elect him to do that work to miss United Nations Organization to regard our being re karakul-pelts, Those persons who say that they are moved from the Hoachanas as an act of persecution, missing karakul-pelts are writen down. Mr. Neundorp and to insist on the administration to bring us back to of Doornfontein-Suid said the same thing. He said Hoachanas. that Mr. Lategan was at his farm asked him whether he did not miss karakul-pelts. Mr. Neunendorp said (Signed) Joh Dausab J acobus Mganab that he did miss no karakul-pelt, In the later part of Daniel Dausab Andreas Gariseb March or the earlier part of April Mr. Van der Wath Tirnotheus Dausab Meels Kooper was at Hoachanas and inspect the A.M.E. Church E. A. Taseb jonas Nakom which was not yet finished. He then came to where the Ruben Gariseb Simon Kooper school was held and asked the teachers the plan of the Gustof Nakorn Chaim Afrikanes new church building. The teachers told him that Rev. Samuel Howescb Coharnes Howeseb Kooper has made the plan but that Rev. Kooper is Salomon Nakom Frans Nakom absent at the moment to Maltahone to attend a church Methusalag Noedep J ohannes Kooper feast there. He asked which of the children are in Matheus Kooper majority, the local or the farm children. The answer as it is untill today was the local children. More than Enclosure A twice since 1956 each time the remove affair be gins Mr. Frank has told us that the farmers say the Simon Jansen of Rhenish Mission told us the AM.E. Rhenish Mission had 7 hectar of land at Hoachanas, member residents of Hoachanas that in 1952 when the and we realise that the removing is for the AM.E. administration has grant us a site to build the church, and after the removal the Rhenish Mission must gather they, the members of the Rhenish Mission residents all the people. Why, sirs there is no such thing as 7 began with meetings under leadership of the passissuer hectar of land for the Rhenish Mission. of the Rhenish Mission and the Head Evangelist of the Rhenish Mission. The aim of these meetings were as it Sirs, we have no confidence in the Union Govern happened to frustrate the work of the A.M.E. Church at ment and we earnestly request the United Nations Hoachanas. We, the members of the A.M.E. Church, Organisation to place South West Africa immediately not actually knowing what is going on began to lay the under the direct administration of the United Nations cement bricks and continue with the work until we Organisation. finished it in 1956. The two leaders of the Rhenish Mis sion was closely co-operating with Mr. jan Van del' We further request that the United Nations sent an Westhuizen of Berda, P.O. Uhlenhorst, who on his impartial UNO Committee to investigate this situation tu.m co-operate with the administration and particularly at Hoachanas and the general conditions under which with Mr. J. G. Van del' Wath (Member of the Execu we non-whites wrestles, that such Committee vist all tive Committee). All those members of the Rhenish the reserves and hear our complaints. Mission who refused to betray us, their own brothers 46 and sisters, and that only because of our Religious dif how it was also declared as an unchangeable property ferences have also refused to move to Itzawisis. Simon of the Rooinasie by German Government. Jansen was to be elected as secretary of the Betray Meetings. He refused to act as such, and the two leaders "Das nachste Reservaat ward in Hoachanas, den themselves act as chairman and secretaies. The distance haupt-orde der Roten Nation gebiltet. Dart wurden of about 12 miles to Berda was not even far for the 1902 del' Plate selbst mit einem Pflachen inhalt van two Rhenish Leaders to walk by feet while there was a 50,000. Ha fur unoeriiuserliches Eigentum des possibility of riding a donkey or horse cart, both of the Stammes erkliil't."9 leaders are about 70 years old. At Hoachanas they were To our best knowledge there is no other German seen by some residents as they walk to Berda by feet. document in which the real position of Hoachanas is When they arrived at Berda, they were seen by Aron describe except this one. It is probable that the admin Nuganab, also member of Rhenish Mission and Gert istration of SWA have no archive of the German gov Lucas, also member of Rhenish Mission. They held ernment. The archive in which this description of how meetings with Mr. Jan Van der Westhuizen in the ve Hoachanas was declared as an unchangeable property randa of his house. Gert Lucas, the general worker of and reserve is taken from is German book, written by Mr. Van der Westhuizen saw them have sitting in the the German governor Mr. Leutwein. The administra veranda. Aron who is now at Hoachanas was Mr. Van tion of SWA is obviously basing her claiming of Ho der Westhuisen's sheep herder. The Pastor Rev. Diehl's achanas only on private telIings of people such as the letter to the members of the Rhenish Mission that two Passissuer of Rhenish Mission who only came to Ho of the N ama men at Hoachanas in co-operation with the achanas in 1908, and on the tellings of the Rhenish surrounding farmers drive our being removed from Mission's Head Evangelist. The name of the Head Hoachanas and Simon's declaration of their activities Evangelist of the Rhenish Mission is Trougoth Dausab at Hoachanas agree each-other. On the 21st and 22nd and the name of the Passissuer is Herman Afrikaner. of June 1958 there were land-surveyors at the German We have return the temporary permits to the adminis land-beacon about one or one and a half mile north to tration while we are still at Hoachanas through the Hoachanas, along the Hoachanas to Derrn, via Germini, Chief Native Commissioner of SWA who was also one Judaa Ost, and Jadenoch road on the right side on a of those who have been working for our removal from hill. According to what their boys were telling us they Hoachanas. The white people are united on ground of made some alterations. After they have going away, we their colour while we the non-whites are divided on look to see what was clone to the beacon. We found ground of both, the differences in our languages and the that a new head was brought to the beacon. Something differences in our colours. Sirs, we have realy good like "Spioenskoph" is written on the beacon. At judaa reason to, fear the implications of these things. The Ost, these land-surveyors met with of us the petitioners Pastor Rev. Mayer was here after the Magistrate was thereof, namely Earnest A. Taseb, asked him to the here and after the News Papers were issued which succesion of the farms, Gemini, Wolfputz, Cornchanas, published our removal which according to unofficial in Blankanese, Sekratispan, Panama, Judaa and Bitter formations will be effected on the end of the month. wasser, all adjacent to Hoachanas, the land where the Rev. Kooper will be the first man to removed either to Union Government or the administration of SWA took the prison or to Itzawisis. News comes to us also that from Hoachanas. The land-surveyors further told E. A. Herman was commissioned to come to Windhoek before Taseb that on the next Saturday, the 28th of June 1958 the pronounciation of the High Court. He did come they must deliver their report at Windhoek. It is note and was seen by people of Windhoek. In 1956 he was able that after the report of these land-surveyors the the councilar of the administration about the methods administration of SVVA or the High Court of SWA through which the removing should be effected success for the first time in the whole history of the Union Gov fuly, After Mr. Blignaut asked us on the 18th of June ernment's administration over SWA the administration 1956 to come to Windhoek to advice and give the ad has announced that Hoachanas had a land of 50,000 ministration possible methods through which the re hectar before. Sirs, please do not past nor neglect to moval will be carried out, two of them was going to gave give your full attention to this 50,000 ~~ctar of land those methods. Local A.M.E. membership 260 on the which Hoachanas had before. The recognition has come farms divided in two Pastoral districts 210. These because we have through our petition brought this to numbers includes children, Rev. Mayer of Gibeon and the light. \Ve want back that land of thirty-six thousand Hoachanas of appointed his present Evangelist Isaak hectars of land. vVe also want to know the names the jakb, who came this year to Hoachanas listen carefully German government has sold to private persons, and what we are talking about the publication and to inform what the names of those private persons are. In case him that the German Government should have sold any portion of the land of the fifty thousand hectars, the Captain as Enclosure B well the tribe absolutely does not know anything about Letter dated 3 October1954 f1'0111. the Office of the Edu such action of the German government, so if the German cation Department of the South .West Africa Adminis government should have sold any portion of the 50,000 tration, Windhoek. to Dr. Froncis H. Cow,. Woodstock, hectar of the reserve land of Hoachanas Rooinasie re Province of the Cape of Cood Hope, Union of South serve as alleged it to be by the Union Government, then Africa we are not "the people who have to bear the cost of the German government's being brok~ng .the .official RECOGNITION OF A.M.E. SCHOOLS Agreement between them and the Rooinasie tribe, the German government who should have broken the Offi 1. With reference to previous correspondence re the cial Agreement must bear the consequences thereof. above, I have pleasure in informing you that the Sirs what does the word "MANDATE" mean. We o "The next reserve was in Hoachanas, headquarters of ~he herewith furnish you with the actual words of how Reel Nation. There, in 1902, a t,ota!, of 50,000 ha. was dec1alcd Hoachanas, not only built or declared as a reserve but the inalienable property of the tribe. 47 (g) Only pupils over seven years will be admitt d Executive Committee adopted the following resolution e . lion for t on September 22, 1954. (h) Classification of pupils into races. (I) Herero the Non-E 2. It has been decided that from 1 April 1955, the (ll) Ovambo (Ill) Bergdamara (IV) Nama (V) Director of Education in consultation with the Secre Bushman (VI) S.A. Native (VII) S.W.A. Coloured Freedom (VIII) S.A. Coloured (IX) Betchuana (X) Other. tary of South West and with the approval of the Admin There h istrator individual schools of the A.M.E. Church on 5. Like all other Mission schools A.M.E. School women all applying for recognition may be admitted on condition when recognised will be classified either as coloure~ have to 0 that such recognition may be withdrawn as soon as any schools or native schools. leave the I irregularities are reported.l'' 6. Native children, Native teachers are not allowed 3. From the above resolution you will notice that the to attend in Coloured sC~100Is. The Department has not The Natil schools will not be recognised in bulk but individualy. reached the stage where It debars coloured childrenfrom When 1 An application will, therefore, have to be submited for attending or Coloured teachers from teaching in Native tile prese1 a specified school. school. ~an sett 4. In order to consider the claims for recognition the 7. The Department fixes the number of teachers for ~ouses re water sup following information will be required. each school. neld and (a) Name of European manager. The person's con 8. Native teachers from the Union will not be al field, Tw< sent will have to obtained beforehand, and his acceptance lowed. Coloured teachers may be imported from the re~ submitted along with the application. Union, but the Department gives preference to trained We coloured teachers born in S.W.A. cause no! (b) Name of school and full postal address. reserve \I 9. Unqualified teachers will only be appointed in ex (c) Building. Nature of walls, wood and iron, brick, ceptional circumstances. The av stone, etc., and material of roof. of cattle, 10. To expedite and facilitate all negotiations be family an (d) Number of classrooms and size of each class tween the Department and the A.M.E. Schools, it will The culti: room separately. be necessary for you to appoint a representative in lically ne (e) Number of teachers. Race must be specified and S.W.A. through whom all applications will have to be the water each teacher will have to fill in an application form as submitted. poses bee attached. 11. The Department's syllabuses will have to be in The resul the milk (f) Number of classes and enrollment in each class. troduced in all recognised schools, and they will have to submit all necessary forms and schedules. they hav Total. buy clod 10 Note by the Secretariat: original text of this paragraph in Cecil J. (Probably Lemner) The wr Afrikaans, for Director of Education live 6to . on their 1 o[ reside ANNEX VI The k Petition dated 27 November 1957 from Chief Hosea Kutako, Windhoek, to the Secretary-General, and Ilibited a peans arl related memorandum from the Reverend Michael Scott ing seas, 1. Petition dated 27 November 1957 from Chief Hosea Europeans. Most of the Non-European schools in the The d Kutako to the Secretary-General territory belong to the Rhenish Mission and he Dr. owing to Vedder as the head of the Rhenish Mission schools was hospitals We read with interest the report of the Committee responsible for the inferior education which the Non people d on South West Africa! which contains accurate infor Europeans receive in the Rhenish Mission schools. mation about South West Africa. With regard to para There graph 34 of the report which contains the statement As the head of the Rhenish Mission, he arranged and bet of Dr. Herman Heinrich Vedder the representative that the Non-European clergymen should walk hundred Lorries selected by the Governor General, we wish to state that of miles on foot to preach the gospel while the Euro passenge it is untrue that we are in favour of "Apartheid." The pean clergymen were provided with transport facilities reserves Government introduced the divide and rule policy, every to do the same work. nearest I tribe is compelled to hold its own meeting and not to week m the doel hold it with the other tribes although we have common Education problems. Europea According to paragraph 150 of the report of ~he mOlorea We asked the Government to call all the representa Committee 011 South West Africa there are two high travel cl tives of the different tribes in one meeting and not to schools for the Non-Europeans in South West Africa. amotorl divide them, but the Government refused. Dr. Vedder As far as we know, there is one high school for the Then himself is regarded as a traitor by the Non-Europeans coloured pupils only. There is not a single high ~chool in South West Africa for the following reasons;- serves a for the entire indigenous population. The Augustmeum Europe! He was the head of the Rhenish Mission in South is not a high school because a high school offers courses West Africa and had Europeans and Non-Europeans up to standard 10 whereas the Augustineum offers Then in his church, but he retired on account of old age and courses up to std. 8. Most of the schools are in the Windhc joined the Nationalist Party which oppresses the Non- towns and in some of the Native Reserves and the Mr. M children who live on the farms do not attend school, Africa. 1 A/3626, annex 1. because there are no schools on the farms. The educa- West A 48 tion for the European children is compulsory, while the evils pursued by the Union Government in this the Non-European education is not compulsory. country. What he said at the United Nations is the truth. It is also not true that the Government called Freedom of movement a meeting in which they asked the inhabitants of South West Africa whether they know Mr. Gertzen. There is a severe restriction of movement in that men, women and children carry passes. The school children The European population of South West Africa con have to obtain passes from their schools before they sists of Afrikaners, British and Germans. It is surpris leave the towns in which the schools are situated. ing to the average Non-European inhabitant of South West Africa that the British Government thought it The Native Reserves wise to support the Union of South Africa whenever the question of South West Africa is discussed at the When we were forcibly removed from our lands to United Nations although their own people are responsi the present Native Reserves to make room for Euro ble for the shameful treatment meted out to the indig pean settlement, the Government burned down our enous population. In fact, they have done nothing in houses rendering the people homeless and cut off the South West Africa to be proud of. water supply. One woman gave birth to a child in the field and both the mother and the child died in the We have every hope that they will reconsider their field. Two men died of thirst. attitude and join the other nations of the world who are making every effort to free the unfortunate people We regard the present Native Reserves as jails be of South West Africa. cause nobody is allowed to leave or to go into the reserve without a pass. While we regard negotiations between the United Nations and the Union of South Africa as a wise step, The average person in the reserve possesses 15 head and taking into consideration the determination of the of cattle and about 20 goats with which he maintains a Union of South Africa never to recognize the authority family and is not allowed to have more than three oxen. of UNO in this territory, we are convinced that such The cultivation of crops for human consumption is prac negotiations are bound to take many years before an tically non-existent, the Government does not allow agreement is reached with the Union of South Africa. the water in the reserves to be used for irrigation pur The impression has been created among the Union Gov poses because it is even not enough for the live stock. ernment officials that the United Nations is not likely to The result is that the people live on milk only, but even alter the present situation in South West Africa soon. the milk is not sufficient to maintain a family because Evidence of this is that the officials often ask us why we they have to sell cream to get money with which to persist in appealing to the United Nations which has buy clothing. up to now not yet fulfilled our wishes. The water is so scarce in the reserves that many people In the light of the grave situation in South West live 6 to 7 miles away from the water, which they carry Africa we ask the United Nations to do something to on their heads in petrol tins or on donkeys to their places safeguard the wellbeing ?f the inhab!ta?ts of. South of residence. It is sometimes muddy and undrinkable. West Africa while carrying on negotiations With the The killing of wild animal for food is.strictly pro Union of South Africa. We further ask the United th~ hibited at all times by the Government, while the Euro Nations to give careful consideration to proposals ~outh ~fnca peans arc allowed to kill wild animals during the hunt given by the Committee on West that the ing season. General Assembly should weigh the gravity ?f the.pres ent situation and consider the need for acting Without The death-rate in the reserves is exceedingly high further delay in the matter by taking immediately such owing to the fact that t~ere ~r~ no me~i:al doctors or measures as are possible and feasible to ensure .and t.o hospitals and the appalling living conditions, that. the safeguard the wellbeing and developmer:t of t.he inhabi people die even from minor illnesses and snake bites. tants of South West Africa pending Its being placed under the International Trusteeship system. There is a lack of transport facilities in the reserves and between the reserves and the European areas. (Signed) Hosea Kutako Lorries are the only means of transport and convey P.S. Enclosed please find a le~ter from the South passengers and cream to the towns and most of the African Minister of Native Affairs and our reply to reserves are more than a hundred miles away from the nearest towns and these lorries run once or twice every him. week making it difficult for serious patients to reach the doctors in the towns in time. Most of the N on Enclosure A Europeans inhabitants of South West Africa have no Letter dated 31 August 1957 from the Union of ~outh motorcars or other means of modern transport and Africa Department of Native Affairs, Pretoria, to travel chiefly on foot, while almost every European has Senior Headman H osea Kutako a motorcar. There are no railway lines between the Nati~e re Re: Aminuis Reserve serves and the towns and the trains operate only 111 the I wish to refer you to your letter of the 5th ~e?ru European owned land. ary, 1957, addressed to the Honourable the ~mlster of Native Affairs, Dr. H. F. Verwoerd, and. hiS. reply There is no truth in the statement which was in the WhlC~ Windhoek Advertiser of the 22nd October, 1957 that thereto dated the 22nd February, 1957, in It w;s, in conclusion, suggested that should you desire t at Mr. Mburumba Gertzen is unknown in Sou~h West further explanation by word of mouth would help you Africa. Mr. Gertzen is a Herero who was born m .South and your councillors to understand the proposed ex- West Af rica under this oppression and has expenenced 49 - change of land more clearly, the Honourable the Min settlement, and that you and your tribe have no ister would request the Administrator of South West legitimate claim to it. The Minister was therefore very Africa, in his capacity as the person representative of pleased that the South West African Administration the Minister and as a member of the Native Affairs was prepared to accede to his proposals in the interests Commission, to grant you an interview. of you and your tribe, although this meant a substantial sacrifice by the Administration. The Honourable the Administrator has reported that an interview took place with you and some of your In view of the fact that you and your tribe have councillors on the 5th April, 1957 and that you expressed nevertheless rejected the proposed exchange, I am the wish that if the "corridor" could not be added directed to inform you that the Honourable the Min to your Reserve, as an adjunct to it, that the present ister does. not wish to force any exchange upon you position be not disturbed as you and your tribe were and the tnbe, although he and the Department are still not in favour of an exchange of land whereby you would convinced that you and the tribe are extremely foolish acquire the occupation of a portion of the "corridor" and short-sighted in rejecting the offer. Since he has in exchange for a certain portion of the Reserve 011 already prevented the Administration from using its which you have occupational rights. expensive developments by settlement as contemplated for more than five years, while trying to convince you In view of this report I am directed by the Honour and your tribe of the wonderful opportunity available to able the Minister to inform you that he regrets that you, it is not fair to delay any longer and allow the you and your councillors adopted this attitude because expensive developments to lie unused. He has, there his attempts were to negotiate an exchange which would fore, reluctantly informed the South West African be very greatly to the advantage of your tribe. Administration that it is your desire that the position should remain as it is and that he is accordingly with The Honourable the Minister wishes me to repeat drawing from any negotiations. The possibility of any the advantages attached to the proposed exchange, as exchange and any acquisition of part of the "corridor" set out in his letter to you of the ZZnd February 1957: is therefore now for all time at an end. You have, by your action, finally caused your tribe a loss of oppor (a) The reserve, if the proposed exchange were tunity which is irretrievable much to the regret of the accepted by the tribe, would not be totally surrounded Minister and this Department. The Administration is by European owned land. at liberty to allot the "corridor" to European farmers, (b) The land to be added to the Reserve is both and will immediately proceed to do so. larger and better prepared for development than the It is regrettable that it will be on record for the land to be excised therefrom. information of the future generations of Hereros that (c) The portion of the "Corridor" referred to has nobody except yourself and your council, are to blame no less than 16 successful boreholes and the carrying for their having lost the advantages of an exchange of capacity of the area is in vicinity of 10,000 cattle units land which would have meant so much material benefit as compared with about 3,000 units in the area to be to the tribe. excised which has only 3 satisfactory boreholes. Actg. Secretary for Native Affairs (d) In -terrns of money the value of the portion of Enclosure B the "corridor" is as follows: Letter dated 28 October 1957 from Chief H osea Kutako 16 boreholes at about £2,340 each £ 37,440 to The Honourable Dr. H. F. Vertooerd, J.!1 inister of Native Affai·rs, Pretoria Pastoral and Agricultural value of land , .. 275,000 I am in receipt of your letter of the 31st Aug. 1957 for TOl'AL ....••..£312,440 which I thank you. I was pleased to be informed that the question of the exchange of land has been aban The value of the land to be excised, is on the other doned. I however, wish to bring the following to your hand: notice: The corridor was part of our reserve ever since Borehole at Pos , , , £ 512 we inhabited the Aminuis Reserve in 1925 and we Lister engine and equipment ,...... 400 drilled 7 wells in it and our cattle were grazing in that Cement reservoir & drinking trough ,..... 188 area. No changes were made by the Government as regard the land at that time. Value of two boreholes drilled by the tribe, but paid for by the Trust, and of one In 1933 the Government installed white police in borehole sunk very recently: about .,...... 4.000 the corridor as a result of the outbreak of Foot and Pastoral & Agricultural value of land 150,000 mouth disease in Bechuanaland to prevent the entry of cattle into South West Africa from Bechuanaland. In TOTAL .£155,100 1934 the Government took away the white police and requested us to appoint our own people-the inhabitants The value of the portion of the "corridor" which of the reserve who were paid from the Native Reserve would be obtained, therefore, exceeds the value of the Fund, guarded the area. Meanwhile a fence was being land to be given in exchange by £157,340. erected which formed the boundary between Aminuis Reserve and Bechuanaland Protectorate. After the As previously pointed out the Honourable the Min completion of the fence no foreign cattle could come ister has no power, according to law, to add the "cor into the territory and we asked the Government to ridor" to Aminuis Reserve. No doubt whatsoever allow us to graze our cattle in the corridor as before. exists that it has always been and still is at the disposal The Government replied that the area was under the of the South West African Administration for white care of Veterinarians who were able to determine 50 III vhether there was disease or not and that no stock largest area but only during the rainy season and vould be allowed until such time as there was no lasts until in the winter, i.e, from January to June, lisease in the area. while Kuridora itself is in the Kalahari desert and is therefore subject to scanty rainfall, with the result In 1951 we made another request to be allowed to that it is unsuitable for grazing. .eturn to the corridor; this time the Government re olied that it was Government land and that it would "There are sixteen boreholes in Kuridora which ~e used by European farmers and us only when there are 1200 feet and 1500 feet deep. We have similar was drought, and as soon as the drought was broken boreholes in some parts of Aminuis Reserve and the in our areas, both we and Europeans would return to Lister engines which operate there are often broken our respective areas. We protested against the trans causing a shortage of water, while there is almost action saying that it was our land and that it should no water problem in our land which is going to be not be used by European farmers. We further said that given to the White farmers." when the corridor was added to the reserve, our people who were living on European farms could be allowed I am glad to see that the Committee on South West to come into the reserve because the reserve would have Africa knew of the promise made by the Administrator become larger. The Government had said that it would of South West Africa to the people of Aminuis that not allow people from outside the reserve to reside in they would be given not just the Kuridora area of the the reserve because the reserve was small. corridor between the Aminuis area and Bechuanaland, but the entire corridor. There was not to be any ex When I asked you to add the corridor to Aminuis change of land. All of Arninuis was to remain the land Reserve in August 1955 at Okakarara, it was a con of the Hereros and, because Arninuis was not large tinuation of what I have been asking many times in the enough, they were to be given also all of the land past and you replied that you would consult with the between Aminuis and the border of BechuanaIand. Union Government. We were surprised when the South West African Administration on instructions In November of 1933, the Administrator of South from the Union Minister of Native Affairs came to West Africa visited the Aminuis Reserve. His visit to the Reserve was made after a deputation headed by liS in 1956 with the proposal for an exchange of land. Hosea Kutako, who was accompanied by some 35 of the We still maintain that the corridor is part of our leading Hereros in the Territory, including representa land and it ought not to be given to white farmers. tives from all the Herero reserves, had visited Wind Even the whole world knows that it is our land because hoek and made representations regarding the welfare the Union Government informed the League of Nations of the Herero people. According to the report of the in 1933 that the corridor was to be added to Aminuis Union of South Africa to the League of Nations in and this was confirmed in the Government later reports 1933, the most important point raised related to the to the League of Nations. unsuitability and inadequacy of the Native Reserves and particularly those earmarked for the Hereros Hoping that our request in this matter will receive since, to quote the Union Government, "The setting your favourable consideration. aside of adequate reserves for the natives of the Terri (Signed) Hosea Kutako tory is an essential precedent to any progress in the Administration's native policy." (para. 180 of report). 2. Memorandum from the Reverend Michael Scott2 When he visited Aminuis, the Administrator, Dr. Conradie spoke at length about land for the Hereros. Memorandum on Chief Hosea Kutako's objections The Arninuis Reserve had 'been selected as the place to transfer of Land in Aminuis for his statement, again I quote from the Union Gov The Committee on South West Africa has reported ernment's report to the League of Nations in 1933, on the alienation of land from Natives in South West "as being the residence of Headman Hosea, the oldest Africa. Chief Hosea Kutako has written to me and and most influential Hereto in the Territory." to the Committee that the Union Government was (para. 185). planning to take away one of the best parts of the land in the Aminuis Reserve, none of which, I might I will not quote all of the statement made by Dr. add, is good land, and give it to European farmers in Conradie to Chief Kutako and some 250 of the residents exchange for even worse land in the corridor between of the Aminuis Reserve as it is very long. Dr. Conradie Aminuis and Bechuanaland. stated that from the representations made by Chief Kutako, as the spokesman for the Hereros, it would Chief Kuta1co in a letter dated 28 May 1957 de seem that his Government had done little or nothing for scribing the relative quality of the two land areas said: the Hereros but take away their land and put oppres sive taxes upon them. Now I shall quote passages from "That part of Aminuis Reserve which the Govern Dr. Conradie's statement: ment proposed to give to the White farmers is the best grazing area in that Native Reserve and there "I can see from what Hosea has said that the are five boreholes with strong water, and they are Hereros had hoped that my Government would from 500 feet to 700 feet deep. In Kuridora which place them back in the same position as they were the Government proposed to give to us in exchange before their wars with the Germans. This could not for our land which is to be given to the White have been done even if my Government had wished farmers, a kind of grass called suw'gras grows in the it. You cannot put the dock back. Much of the Herero lands had already been sold to German 2Transmitted by communication dated 14 January 1958 from farmers and there were large numbers of Union the Reverend Michael Scott to the Chairman of the Committee people who bad come up and purchased land. on South West Africa. For text of communication, see annex XVII below. "My Government, however, did what it could for 51 e the Hereros. It put them in temporary reserves and and the border of Bechuanaland should be included appointed a commission to go over the country and in the Reserve-approximately 163,000 hectares. look where land was left which would be suitable for This, however, has not been actually proclaimed as the settlement of the Hereros and for their children it was not considered necessary to do so until water after them. had been opened up and the ground was actually used by the people. You therefore have a big enough "This was a very difficult task as of course it was country to accommodate your children and your useless to select one or two farms only and a big children's children if you can only develop it and piece of country had to be found to accommodate the improve it as you ought to. For this, however, there stock that the people would require for their needs is only one solution-to work and earn money. The in years to come. Hosea complains that the Hereros work there is no difficulty about if the young men were not allowed to keep Orumbo; but what is and children are properly taught by their parents. Orumbo alone? This farm would have been useless The money must come from the grazing fees levied on unless all the farms around it had been taken away the stock grazed in the Reserve; the taxes-the money and many thousands of hectares added to it and this collected from you-which the Government has the Government could not do without disturbing the promised to pay back to your Trust Funds; and the rights of its own people or taking lands belonging rents the white store-keepers pay for living and to Germans whom it would have had to compensate. trading in the Reserve. As you are aware, the white people do not take the private lands of their enemies after a war without "To get the money to pay the grazing fees your compensation, although the natives may do it. At young people must, of course, go out to work amongst any rate my Government was not prepared ~o do the Europeans and you must sell your surplus stock. this and so they had to look elsewhere for SUitable By surplus stock, of course, I do not mean your ground. breeding stock, but oxen, old cows etc. Both these matters are difficult I know now because the white "The reserves ultimately selected were Epukoro people have been so hard hit by the drought that they and Aminuis in the east, the Waterberg and Otjituo cannot afford to employ you and the stock is so poor in the north, Otjihorongo in the north-west, Ovitoto at present that the dealers cannot pay any price for in the Okahandja district and Tses in the south. them. This was not so, however, in the good times "Now it is quite clear that these were not the best in the past and I am afraid, just like some of the lands in the country but they were the most suitable Europeans, you have not sold your stock when the that could be obtained at the time...." market was good but have kept it to eat up the grass and die in the recent droughts. "To me it is quite clear that the Herero people have not realised that the old days have passed away. "I must, therefore, impress on you that I shall They still want to live as in the old days, moving instruct my officers in future, as soon as normal times from place to place with their stock and when one return and it has rained, to see that the surplus stock part of the country has been grazed off to move to is sold off at the proper time every year and grazing another. In those days the country had very few peo fees paid. You then should have plenty of money in ple in it but in spite of this the native peoples were your Trust Funds to open up new waterholes and always fighting amongst themselves in regard to make dams in those parts of the Reserve which have rights to lands, waterholes and cattle. Now the coun no water as yet. You will then be able to use more try has :filled up and the people have to stick to the of your land and keep more stock. land allotted to them or purchased by them and make "In view, however, of the bad times you have been the best of it. In fact you have to farm with your passing through and to enable you to make a fresh land as people do in other countries where there is start, I am going to give you some relief in regard to a big population. The only hope of progress is by the old debt of past grazing fees which I shall refer work, by digging wells, by making darns to catch to later." water and save it for years of drought, by preserv ing the veld, by fencing, preventing over-stocking and the trampling out of the land and seeing that too much stock is not allowed on it. This involves selling off your surplus stock as soon as it is fit for "However, that there may be land for the native the market and not keeping it until it dies in a drought people in the future when the reserves are filled, I or because there are too many feeding off the partic wish to tell you that I have reserved all the country ular piece of veld on which they are grazed. east of the Waterberg and Otjituo Reserves and "Now, I think the Herero people have still much north of the Epukiro Reserve for the use of natives. to learn in regard to these matters. A lot of this country is I know not good and a great deal more will require a lot of money spent on it in "You have a very big Reserve in Aminuis making roads, sinking boreholes, or making dams be 543,000 hectares of land, equal to 50 to 60 ordinary fore people can live there. This will have to come out farms. At first only 230,000 hectares were set aside of the Trust Funds and as r have already said, I as a native reserve but when Hosea and his people cannot ask the white people to pay for the natives' went out to this Reserve the area was increased to debts again. You will, therefore, have to wait until 543,000. Again, when the Hereros from Rehoboth the Trust Funds have money in them. In the mean were sent there the Native Commissioner made rep time, I shall send some of my officers to examine resentations for additional land to be added to the country thoroughly and make a full report to me Aminuis and the late Administrator agreed that all as I understand there are a number of natives, apar the country between the eastern side of the Reserve from you people here in Aminuis, who have had tr 52 leave the farms of Europeans who could not keep for improvements to their land and to dig wells, make them on account of the drought and who have no place dams and build roads in these reserves, the Government for t.hemselves, their families and stock to settle on. does not seem to hesitate to take the land away from These people, of course, must receive first considera the Natives when it has been built up sufficiently and tion." to sell it to Europeans. Since the Native reserve land, when it is taken away from the Natives, becomes Gov In conc:1~ding his statement to the people of Aminuis, ernment land in the eyes of the law as known in South the Admmtstrator said: "Your rights to reside in the West Africa, the money earned from the sale of the Aminu~s Reserve so long as you obey the laws and improved Native land becomes Government money; regu1atlons and submit to the instructions and advice it is paid into the revenue of the Territory and is called of your Magistrate and Superintendent are confirmed white money. Natives are then told that they can't expect by rrie.." the white people's money to pay for improvements to Native land and the vicious circle begins again. When the Administrator said that he could not ask the white people to pay for the Natives debts, that The observations of the Committee on South West meant that money from the Territorial budget would Africa concerning the removal of Natives from the not be spent to assist the people of Aminuis, The Gov Aukeigas reserve to inferior land so that their improved ernment seems to consider all of the revenue of the reserve, with plentiful water supplies as a result of the Territory from mines and other exports and from all dams built by the Natives, can be sold as farms to other sources as white money. Europeans, are an example of this practice. Nor has the Government hesitated to remove African people (The Territory now contributes a flat sum of £50,000 from their traditional ancestral lands as has happened, a year for the development of Native reserves, but or is happening, in the case of the Rooinasie Namas, any further expenditure for development of these areas the remnants of the Red Nation, whom the Government has to come from the Trust Funds-that is from the is forcing out of the Hoachanas native reserve, the annual rates or head taxes, grazing fees, and the many traditional headquarters of the Rooinasie Namas, to other taxes imposed on the Natives, most of whom are provide more farms on the best land in the Territory far too poor to pay any kind of tax) . for one or two European farmers. While the Government has expected Natives to pay (Signed) Michael Scott ANNEX VD Petition dated 22 July 1958 from the Reverend Michael Scott, The Ml'ica Bureau, London, to the Chainnan of the Committee on South West Africa, and related communication dated 29 July 1958 from Chief Hosea Kutako and Messrs. Chr Tziteza, E. Kauraisa, F. Katimo, L. Muriambihu, and L. Koamba to the Secretary-General and the Chairman of the Committee on South Wesl Africa 1. Petition dated 22 July 1958 froln the Reverend In this our petition we give some further facts about Michael Scott to the Chairman of the Committee our conditions of life, about the measures which have on South West Africa brought these about and particulars regarding the I have been asked by those whom I represent in effects on us of laws and regulations which we have no South West Africa to communicate to you the attached legal or constitutional means to change. statement. They have asked that this should be treated We wish to appeal to the United Nations to inter as a written petition to the Committee on South West vene to stop the process of alienation of our lands and Africa and that it should form the basis of a more rights and to remove the heavy burdens of restrictions comprehensive oral petition if the opportunity for this placed on us by enactments which we are powerless may be granted. I should be glad if I could be informed to end or amend. by cable if you wish me to attend a meeting of the Before detailing some of these we should like to Committee in order to do this. appeal to the United Nations to consider ways and I am sending the statement to you direct as I am not means whereby our people could be enabled to benefit sure whether you have received the original.' from the generous social and technical assistance from the United Nations which other territories in Africa (Signed) Michael Scott and Asia have benefited from through the Specialised Enclosure Agencies of the United Nations, in particular the World Health Organisation, the Food and Agricultural Or vVe wish to say that we received and greatly appre ganisation, the Technical Assistance Programme, the ciated the Report of the Committee on South West W orld Bank and the Children's Emergency Fund. Africa for 1957 and the Special Report and also the We wish to repeat our request that a Commission records of debates that took place in the General As from the United Nations should visit South West sem b ly at its last session. Africa not only to hear the views of all the African VIfe wish to say that we found the report of the inhabitants but to see in what practical ways the United Corrirnittee on South West Africa verified by our expe Nations could help in the solution of our problems. rience and truthful as far as we are able to speak from Regarding our present life and conditions we wish to first hand knowledge of the facts and conditions set out refer to the following:- in the report. 1. Education is at a very low standard in South West Africa. It is at an even lower standard now than before 1 See item 2 of this annex. m the primary schools. S3 wc The Augustineum Government training college !s hoek location who have been there continuously for supposed to train teachers up to stan?a~d 8 but.m three years without absence for even one day. reality does not go beyond standard 6. Within the Police These locations will be built in separate sections Zone in all the Reserves there are only two government for the Hereros, Namas, Damaras, Ovamboes, When hostels to enable the children who have to come from a person wishes to go from the Ovambo to the Herero such long distances to remain at the school. One of these section he must apply for a permit and state the pur hostels is at Aminuis and the other is at Waterberg. pose of his visit. The houses that are to be built by There are in all eight Herero Reserves. Only two of the Administration must be paid for before the seventh these eight have government schools with hostels at of each month, the rent will be £1.18.9d. for each house. tached. Six have no hostels but have schools for the Those who fail to pay will be arrested. The house is children of the place where the school is. In distant about twenty feet square divided into four equal sized parts there is no school for the children to attend. The rooms. It has only one door and has one window at the Hereros appealed to the Government to build hostels in front and one at the back. There are no doors between their Reserves. The Government replied that the the rooms only openings. They are dangerous in con parents do not want to send their children away to struction being made of prefabricated bricks with no school. But the parents naturally want to know that cement between the bricks. There is no kitchen but there is going to be a hostel alongside the school where permits may be given to build a kitchen alongside the children will be looked after before agreeing to send the house or to use an open fire. No one is allowed to them so far to school. In our last meeting with the go and visit the location that is being built. There are Chief Native Commissioner a certain Alfred Katji no bathrooms. The distance between one house and muine requested the Government to build a hostel in another is six feet. The superintendent says that com his Reserve. The meeting was in January 1958 and munal bathrooms will be built for each section. Those the reply he got was that the Government is not pre who are to be allowed to stay in these houses are a pared to build any more hostels. The people should man and his wife and minor children up to eighteen rather build small huts in the Reserves and then the years. Those who are over eighteen years must be Government will provide them with a teacher and housed in compounds. There will be separate com building materials because they argue that the hostels pounds for male and female in each section. These are too costly to build and maintain. compounds will consist of long blocks .in rows with Many children of parents who are working on Euro one room and one door for each unmarried person. pean Farms do not attend schools because there are All visitors to anyone living in a location must ob no hostels in neighbouring towns where they can be . tain a permit from the Superintendent of the location. looked after. Such children cannot be educated because they have no relatives and there are no hostels in t~e Anyone living in the location.may not pay a visit .out neighbouring towns. Thus it is that many of our chil of the location for more than thirty days. If those thirty dren get no education and so are forced to become days expire before he returns his house does not belong manual labourers on contract to white employers. to him any more. Provision is being made for those wishing to build 2. The Question of moving the locations. New regula their own houses in the same location. Anyone wishing tions. to do so must be a man over twenty-one years. He The Windhoek and Okahandja locations are to be must make application to the Superintendent. He must removed to another site. We have been refusing to be be a man who has been resident in Windhoek for three moved. We say we would prefer the existing locations years without residing anywhere else..When his applica to be improved on their present sites rather than the tion has been approved by the Supenntendent he must population removed further away from their work. bring an architectural plan of the building. He must get Further the following are some of the regulations that a health inspector and an engineer to survey the plot. have been drawn up by the Government to control all When buying the materials the Superintendent will the locations in the towns of South West Africa. direct where these materials are to be bought. They may not be bought at the cheapest place. The house One regulation says that the whole area of the loca must then be built by a qualified builder and carpenter. tion must be fenced with only one gate leading to the The Superintendent will provide a Supervisor tt? over town. When you go out from the location to the town look the work. This will be someone of his choice but you must be" searched by a policeman at the g.ate. he must be paid by the person building the house a Similarly when a man comes back from the town into sum equal to 5% of the total cost of the building. The the location the policeman at the gate must search value of the house must be not less than :£250. through all that he has brought from the town before he is allowed to enter the location. In order to leave In the application the reasons must be given why you the location everyone must produce a permit. Also want to build this home yourself at your own expense. when they return they must produce permits. The When it is built only the house is yours not the plot on police at the gate have the authority to give the permit which it stands. Except for building a kitchen if a which must specify the reasons for leaving the loca permit is granted nothing can be done on the land tion or entering it from the town. When the location outside the house. The rent of this plot of land will be is finished being built any person who wishes to go decided by the value of the house constructed on it. and stay there must make a written application to the The house will belong to the person who has built it Superintendent. All the people who are not so well for thirty years only. to-do will not be allowed to enter the location to reside The Government has said that the Group Areas Act there. They will be obliged to return to the Reserves is not yet put into operation in South West Afric~. or else to look for work on the white man's farms. But the way in which this location has been planned IS Only those people will be allowed to reside in Wind- evidence that this policy is to be applied in South 54 'Nest Africa by whatever name it is described in law. often ask~d to be allowed to s~nd thei; c~tt1e to the big VVe are afraid that the building of this location will markets III the towns but this permission is refused. bring new restrictions and oppression upon the people We have no right to make an agreement with a buyer in the towns. For instance one of the regulations lays who may be willing to give a better price. This has down that whenever more than five people are gathered brought us to a condition of great poverty in the Re together a Boardman must be fetched and asked to serves. The auction is done by agents chosen by the remain so that he may know what is being discussed. Government, viz the Grootfontein Afslaers, the Unie Vleis S.W.A. (EDMS) Beperk., and the P.c.u. Be 3. How the people live in the Reserves. perk. (Their addresses are respectively Posbus 64 Grootfontein, Posbus 950 Windhoek and Posbus 786 There is a great scarcity of water in the Reserves. Windhoek). In the Epikuro and Otjituo Reserves animals must often be driven twenty or thirty miles to water. It is very difficult to breed animals in good condition and 5. Wages of labourers in the towns the people get little benefit from rearing these animals. Wages for Our people in the towns are very low. For There are very few people living in the Reserves who men they are from £6. to £10 per month in Windhoek have enough cattle to provide them with a proper live where pay is highest. A few men receive £12 per lihood. They are not allowed to have permits to go and month. Women receive £1.l0.Od.-£3.0.0d. per month. seek work in the towns, though sometimes the young In other towns wages are lower than this e.g., Oka men can obtain contracts to work in the towns for a handja, where men receive :fl,lO.Od.-£3.0.0d. per month. certain number of months and white recruiting officers In Otatu the wage is £1.0.0d.-£2.0.0d. per month with come to the Reserves for this purpose when young out rations, and in Omaruru it is £l.lO.Od.-i2.0.0d. and men are needed in the towns. But the young women £3.0.0d. per month for men without rations. and people generally are not allowed to go to the towns to look for work. For these reasons the standard of For men and womenwages in the towns are very low. living of the people in the Reserves remains very low. On the other hand prices are very high in the towns especially foodstuffs meat and clothing. House rents In the Ovitoto reserve (and the same is proposed also will be high in the new locations in proportion to for Otjituo and Waterberg East) they have started a wages according to the regulations laid down for the system of camps which we believe is designed to force new locations. Thus the figure of :fLl8.0d. per month us to leave these Reserves so that they can be occupied amounts to almost one third of the monthly wage paid by white farmers and which is as follows: The Reserve in Windhoek. At present house rents in Windhoek is now being divided and fenced into four parts and the location amount to 3/6d. per month for men and 2/6d. proposed system is being explained to the Boardmen per month for women. In other locations rents are thus: Each boardman has four camps. He has been 2/6d. for men and 2/-d. for women per month. In told that one is for the Spring, one is for the Summer, Gobabis they are 3/-d for men and 2/-d for women. one for the Autumn and one for the Winter. All the people holding cattle under this Boardman .must sent At the last meeting that we had in January when their cattle to these camps allocated according to the we raised the question of low wages we were told that seasons. Each person is allowed fifty head of cattle the Government has nothing to do with the question of including donkeys and horses and may have one hun wage increases. That must be left as a matter between dred goats and sheep. If any person ha~ more than the labourer and his master. fifty cattle he must dispose. of the re~a1l1~er. ~hese Prices in the towns and stores are of course the camps are very small and If the grazmg 1S finished same for Africans as they are for Europeans whose before the end of the season the people must seek per wages are often ten times higher. :et Europeans ofte.n mission to go to another reserve and a new area to the argue that Africans nee? very little money as their East of Waterberg has been set aside. The .motive of wants and standards of living are so much lower than this plan is to induce the people to leave this reserve white peoples. Articles of clothing (being worn by peacefully so that the land can be given to Europeans. petitioners) cost as follows: I t is difficult for the Government to order people to move from a Reserve by force as the people may. refuse One pair of trousers . £7. O. Od. £1. 15. Od, to go. But if their cattle are starving they are obliged to one shirt . one coat . £9.17. Gd. go elsewhere to get grazing for the:;n and the? they one coat . £6. O. Del. may not return. The people have gIven to this new one pullover . £3. O. Del. Reserve East of the Waterberg the name OKORUKU one pair shoes . £4. O. Od. RURE-the land of the razor blade-and it is now under one pair shoes . £3. O. Del. the Welfare Officer of Otjinene. About fifteen v~l one suit (bought seconelhand from lagers have already gone there because they are afraid his master) £5. O. Od. one loaf of breael 1/- 1/2e1, 1/6d", (Average of this system. size 21 lb.) three pounds mealie meal 1/- 4. Selling of animals in the Reserves butter 3/3d per 1 lb . M tl {2/- per 1 lb. III all the Reserves people are not allowed to ~ell eat-~~~f J low grade .. 1/8e1. per 1 lb. their cattle at any time. They can sell only by. auction one cow's head 5/6d. which is done three or four times a year even ~n emer heart and lungs 5/- per Jot gency or when in debt. In the case of expenses incurred feet 4/- per lot by i1lness the case must be referred to the Welfare stomach , 3/- per lot. Officer and only if he approves one beast may be so.1d. w~g.es Prices are very low. In many auctions the people decide Thus we are in great poverty. '?ecause paid are not to sell their cattle and take them away. They have very low but prices of necessrties keep nsing, 55 6. Passes in the ways known to them by all the information they have are the very opposite of the noble ideal of a The system is as follows: "sacred trust of Civilisation". "I was working in a town. One day I got ill. My mother was in the Reserve but she cannot come to the We trust that the United Nations will take urgent town without special permission. This special pass steps to ensure an administration of this mandated must come from the Location Superintendent in the territory in a way that will enable our impoverished town. The Welfare Officer in the town cannot issue people to receive the benefits which other Trust Ter such a Pass. It is thus very difficult for us for there ritories derive from United Nations supervision and is no-one to go for this special Pass and wait at the from the Specialised Agencies which are improving the Superintendent's office. My mother may have been conditions of agriculture, education, health and the told by someone that I am ill but there is nothing she general well-being of their people. can do to secure this pass from the Welfare Officer in the Reserve." Passes for people working in Windhoek The nature and form of the administration required must be got from masters if the journey is for a trial to enable this to take place only the United Nations is or for the purpose of paying house rent etc. If your competent to decide. But we would repeat our request master allows you to go to a burial without giving you a that since a Good Offices Commission has been per written pass you will be arrested. The penalty for this mitted to begin its work a commission should also is a £3. fine or more or fourteen days to one month in visit South West Africa, both to consult the wishes of gaol. If you are ill and are found in the location with all the African inhabitants on their future and to dis out a permit from your master or doctor you are cover all the practical ways by which our situation arrested. Pass carrying is becoming ever harder on us could be improved with the aid of the Specialised because special passes are required for so many dif Agencies and the advantages of scholarships and fur ferent things. We are entirely against this pass system. ther study overseas for some of our young men and women. We trust that further elucidation of such In making this Petition to the United Nations as we points as these in our petition may be given to the have a right to do according to the resolutions of the Committee on South West Africa and the Fourth Com General Assembly and the opinion of the International mittee by those who represent us. Court of Justice, we wish to emphasise that we do so under the threat of new injustices and new threats We also wish to make known that we have asked our to our land and means of livelihood and that there are representative the Reverend Michael Scott to request no legal means which we can use to protect ourselves an oral hearing by the United Nations to enable the from the cruel oppression which is the end to which above facts and opinions to be considered in good time the noble concept of a "sacred trust of civilisation" has when the subject is discussed and also to state on our been brought by the South African Government's Ad behalf that we have lost confidence in the good faith ministration. of the South African Government: that we should like the Mandate to be revoked and to be entrusted to The new facts, conditions and threats which we have a State or group of States chosen by the United Na set out here together with all our previous petitions are tions. Such an administration would we trust be able seen in the increasingly severe condemnation expressed to use the resources so generally given through the in the yearly reports of the Committee on South West Specialised Agencies and could recruit officers expe Africa and make it impossible for us to accept the good rienced in the problems of different races living to faith of the Union Government in any negotiations gether and wanting to cooperate with one another. with the Good Offices Committee regarding our land and people. 2. Communication dated 29 July 1958 from Chief We fear that the United Nations may even be asked Hosea Kutako, Mr. Chr Tziteza, Mr. E. Kauraisa, to diminish the meagre rights of oral and written peti Mr. F. Katimo, Mr. L. Muriambihu, and Mr. L. tion that have been recognised by the General Assembly Kaomba to the Secretary-General and the Chairman and the International Court and that the good work of of the Committee on South West Africa the Special Committee on South West Africa may be Note: The text of this letter is substantially the same threatened. In our annual meeting held in January as that reproduced in this annex as an enclosure to the 1958 at the Aminuis Reserve, the new Chief Native petition dated 22 July 1958 from the Reverend Miehael Commissioner, Mr. Bligenout, said that since he was Scott, with the exception of the two passages referred now taking over the office of Chief Native Commis to below. sioner from Mr. Allen he wants us to put an end to writing letters to the United Nations and the Reverend (a) Under the heading "The question of moving the Michael Scott. He said he wanted to emphasise that locations. New regulations", from the beginning of the United Nations would never be able to help us. the seventh sentence to the end of that section, this "Never, Never". And he said it would be wise for us letter substituted the following text for that contained to renounce this struggle and approach the Govern in the enclosure to the petition dated 22 July 1958from ment in a way that would make the Government sym the Rev. Michael Scott: pathetic with us because others will never be given a chance to help us. Regulation 9. Entering of premises We cannot believe that the statesmen of the world, (1) The superintendent or any of his assistants, the having studied all the reports submitted to the Gen Medical Officer of Health or other authorised Health eral Assembly by the Committee on South West Africa Officer, or other authorised employee of the council. and our petitions over the past twelve years will not may for any purpose connected with the carrying out see the necessity now of facing the brute fact that the of these regulations at all reasonable times enter with policies being carried out by the present administration out previous notice upon any premises whatsoever and S6 a make such examination and enquiry as he may deem (2) If any registered occupier is ejected in terms necessary. of the provisions of sub-regulation (1), the Council shall be entiled to take over any improvements or prop (2) Any person who erty belonging to such registered occupier on the site (a) Does not on request permit any of the officials at a price to be mutually agreed upon or, failing such mentioned above, in the execution of his duties, to agreement, to be determined by arbitration, and to re enter upon and inspect any land, dwelling or premises; allocate the site and the property thereon to an approved or p~rson after the amount owing by the registered occu pier and reasonable cost have been deducted from such (b) Obstructs such official in the execution of his purchase price; provided that the Council shall give at duties under these regulations; or least 14 days' notice of its intention to exercise this (c) Fails to reply to any lawful question that may right by serving such notice on the registered occupier be put by such official in the execution of his duty; or or, if his whereabouts are unknown, by affixing a copy thereof to the main door of the dwelling or room which (d) Give to such official false or misleading informa was occupied by him. tion knowing it to be false or misleading; shall be guilty of an offence. Reg. 102 Every trader may employ, for the purpose of his un Reg.13 dertaking, such number of Native assistants as may be (1) Every person who proposed to convence or approved by the Superintendent in writing. The trader address a public meeting or assembly of persons in the shall submit to the Superintendent for approval the location shall notify the superintendent at least 48 name and full particulars of identity of each assistant hours before such meeting or assembly, provided that he desires to employ, and no such assistant shall com the superintendent may, in his own discretion, accept mence work for such trader within the location without shorter notice. such approval being first obtained. Every trader who employs for the purpose of his undertaking in the loca (2) No public meeting or entertainment in the loca tion any assistant not approved by the Superintendent tion shall be continued later than 12 midnight without shall be guilty of an offence. the approval of the superintendent, nor shall any public meeting or entertainment in the location be continued Reg.105 later than the extended time to which permission has been granted by the superintendent. All traders and their assistants shall, when required by the Superintendent, submit themselves to medical examination by the Officer of Health, which examina Reg.33 tion shall be free of charge. Any such trader or as (1) No person other than a registered occupier or sistant certified by such medical Officer of Health to be authorised member of his family shall enter, be or suffering from any infectious or contagious disease shall remain in the location, without a written permit under be prohibited by the superintendent from being employed the hand of the superintendent. on any trading site or handling any foodstuffs for sale therein until he has obtained a certificate from the Medi (2) Upon conviction for contravention of the pre cal Officer of Health to the effect that he is no longer ceding sub-regulation, the court may, in addition to any suffering from such disease. other penalty, make an order for the ejectment of such I person from the location. (b) The wording of the last paragraph of the com I. munication dated 29 July 1958 differs in some respects (3) The driver of any vehicle desiring to enter the from that contained in the enclosure to the petition I location shall before entering apply to the superintendent dated 22 July 1958 from the Rev. Michae1 Scott. The for permission to enter, be or remain therein unless he last paragraph of the communication dated 29 ]uly already has such permission. 1958 reads as follows: Finally we wish to make known that we have asked Reg.36 our representative, the Reverend Michael Scott, to Notwithstanding any action which may have been request an oral hearing by the United Nations to enable taken in terms of the previous regulations, any person all the facts and opinions we have given here to be con who fails to pay any sum for which he is liable in terms sidered in good time before discussion is concluded in of the provision of this chapter on or before the 7th the Fourth Committee also to make a statement on our day of the month in which it becomes due and payable, behalf that we have lost confidence in the good faith of and if such liability arises after the 7th day of any the South African Government and that we should like month then on or before the 7th day of the following the Mandate to the Union of South Africa to be revoked month, may be ordered by the superintendent to re ancl its administration to be entrusted to a State or move, together with all members of his family, from group of States chosen by the United Nations. Such the location forthwith. Any person failing to comply an administration would we trust be able to call upon with such order shall be guilty of an offence and the the resources so generously given through the Special court may, in addition to any other penalty it may ised Agencies and to recruit officers experienced in the impose, make an order for the ejectment of such person problems of different races living together and wanting and the members of his family from the location. to cooperate with one another. 57 ANNEX vm Summary of oral petition submitted by the Reverend Michael Scott at the 94th meeting of the Committee on South West Africa Mr. Scott informed the Committee that he was glad tives" of their lands and rights, and which they were to have been able recently to establish personal contact constitutionally powerless to end or amend, had been with the Hereros whom he represented. Although the built up. That was not something on which a little could Union Government refused to allow the Hereros to be done in a spurious spirit of conciliation. It was a attend the United Nations themselves, he trusted that question of a tradition and philosophy in which the it would continue to be possible for their views to be population had been indoctrinated both by preachers come known to the organization through the form of and politicians until the "masters" and "servants" alike written and oral petitions. had come firmly to believe in the concept of superior and inferior races. The legislation which was designed The Hereros had asked him to convey their appre to keep a whole people servile was based on that ciation to the Committee for the detailed and factual philosophy. The United Nations thus had to deal with reports which were issued each year on living conditions a situation resulting from deeply-engrained false doc in the Territory. While there was undoubtedly some trines wedded to short-term vested interests. If it failed confusion over the existence of two, or in fact three, to act, the result could well be an explosion such as had committees of the United Nations dealing with South occurred elsewhere in the past when all the channels West Africa, it had become recognized that the Com of constitutional change had been, blocked. The conse mittee on South West Africa was the body specially quences for the world as a whole, and Africa in partic set up to receive reports and petitions. Through this ular, would be extremely grave. All Africa was watch body, established in an attempt to satisfy the Union ing to see how the civilized nations of the world, and Government's objections to Trusteeship over the Terri Christian nations in particular, would deal with the tory, the world had learned more about life in South problem. He hoped that the declaration recently made West Africa than it had ever known before. In fact, at an international conference of the Dutch Reformed the barrier created by the Union Government to keep Church to the effect that "no race may declare itself the world from knowing about conditions in the Terri privileged or superior to other races" would have some tory had been more effective in keeping the inhabitants influence on religious thought, but merely to pass reso themselves from knowing how detailed and well-in lutions was not enough. formed the United Nations reports had been. Evidence The United Nations could not afford to evade the of this was an article published in the South African journal "Contact", which, although purporting to give facts of the situation, which were that a State claimed in the name of "white civilization" that it had the right "facts the United Nations has not been told" about South West Africa, in effect only confirmed what the to establish a system based on those very principles on which the Niirnberg laws had been based and that United Nations had already made public. it did so in the name of international law and order. The While he thought that it would be improper for him problem was an urgent one, for the African people to address the Committee on the subj ect of the report were rapidly becoming disillusioned. They saw the of the Good Offices Committee, Mr. Scott none the less double standards which were applied among many of felt that he should mention an African reaction to an the leading nations in condemning tyranny in one part earlier suggestion for partition which had been made by of the world and condoning it in another on specious the Anti-Slavery Society.' The suggestion had been procedural grounds. The record of broken promises in viewed with the greatest mistrust. That the present regard to their land and their rights and aspirations suggestion would equally be regarded as a betrayal was was another reason for the breakdown of confidence. understandable if the past history of the Herero people Not only had the Herero, N ama and Berg Damara was recalled. It was hard for them to believe that such peoples been deprived of their land by Germany after a suggestion could be made in good faith when their they had been converted to Christianity, but Germans land had long since been occupied by missionaries and had subsequently been settled on Herero land as part traders and they had later been massacred by the Ger of the process of their rehabilitation. Negotiations were man Army because it considered them an inferior race. now taking place with the United Nations at a time Much of the havoc which had been wrought in the Terri when their land was once again being taken away from tory could be attributed to religious and political big them. First the Aukeigas reserve and now the Hoach otry. A large part of the problem derived from the fact anas reserve, inhabited by N amas since before the that the "Europeans" had been taught that they had German conquest, were claimed in terms of the "White" been placed there by God to rule over everyone else. man's law. Another example was the breach of a long standing promise to Chief Hosea Kutako about the The United Nations had to deal in this matter with corridor beyond the Aminuis reserve, a promise re far more than racial prejudice, which given time and corded in the archives of the League of Nations. goodwill could be overcome. It was confronted with a whole State structure and system of legislation based He then quoted from a letter from Mr. Oretu Oveni 011 the assumption that one race was superior to an dated 13 June 1958, which stated why the Africans other. That belief had been the basis on which the whole were opposed to the removal of the Windhoek location system of discriminatory laws, which deprived the "Na- to another site, a subject dealt with in the written petition from the Hereros. Mr. Oveni maintained that 1 See Official Records of the General Assembly, Site/It Ses all four of the African tribes living in the existing loca sion, Annexes, agenda item 38 document A/1901/Add.2, ap tion had made it known that they had no intention of pendix Ill; Ninth. Session, Anne%es, agenda item 36 document A/265G/Add.1, annex IV; Eleventh Session, SlIpplemellt No. moving to the new township. They had not asked for 12 (A/31S1, annex IV). a new township and certainly not for a site three or 58 four miles outside the town. The rent was far more peo'p~e was to be found in the plea contained in the than they could afford, but they had not been consulted petition from the Hereros that the Mandate should be and had had no opportunity to express their views. revoked and ~n~rusted t.o another State or group of They considered that the regulations already promul States or administered directly by the United Nations. gated in relation to the new location were an affront to them as human beings. Mr. Scott believed that the . Mr. Scott concluded his. statement by drawing atten tion to other P01l1ts raised 111 the written communication Africans might offer passive resistance to the forcible of the Hereros.! removal. 1 See annex VII above, enclosure to petition dated 22 July Another symptom of the deep disaffection of the 1958 horn the Reverend Michael Scott. ANNEX IX Petition dated 13 June 1957 from Mr. Nghuwo Jepongo, Ukuanyama Trihal Congress, Ovamholand, to the Secretary-General VI[e the Kuanyamas of the Ukuanyama tribal con Some were interpreters and became headmen, but peo gress, respectfully wish to lodge the strongest protest ple were not even consulted to approve them. against the Nationalist Government's actions of deport ing the Revd. T. H. Hamutumbangela to Windhoek for The "Bantu Authorities Act" is a dangerous, polit his writings on our behalf to UNO (in 1955).1 ical shadow that threatens and hangs upon all non Europeans out here. The "Bantu Authorities Act" was (b) Wc should like to make it known that the de brooded by Dr. Verwerd, the Minister of Native Af portation of the Revd. T. H. Hamutumbangela is in fairs, the non-Europeans' worst enemy. correct and barbaric. (g) The apartheid-followers are slily foisting their Since 1955, until now, he is being held up and refused republic upon us nOW. Our tribal headmen have heen permission to return to the Ovamboland, where he sup urged upon to sign some more secret documents un pose to be. He is also isolated from his families. authorised by us. We therefore petition again the UNO to submit the Now many chiefs and headmen are apartheids' vic question of the above mentioned apartheid victim to tims of fear. \Ve have already unbosomed our feelings the International Court of Justice for its compulsory and reactions against apartheid. jurisdiction. (h) The apartheid is a ceaseless terror-now hun (c) Again, we lodge the strongest protest against dreds of Ovambo workers in the police zone have been the Union Government's (residential Native Commis arrested. Nobody knows what is their crime. It is only sioner, Oshikango, Ova~nboland, of t?e Native,Affairs that they happen to pay a visit, or were sleeping some Dept., S.W.A.) deception, for burning UNO s letter where where they have no permission to sleep. They addressed to the Ukuanyama tribal congress. We regret have either to serve six weeks imprisonment or be fined to inform the UNO that the letter addressed to us, three pounds (£3). The daily wages of an contract was burned before it reached its destination (early this Ovambo are 7/6 per week. The sum of three pounds year). ( £ 3) is his three months savings. N0 contr~ct O~ambo may pay a visit to his friend or brother 111 adjacent This sort of thing must be stopped. Such a display house without permission. Fines! fines! is extremely irregular and most undignified. (i) Conditions of life for Ovambo Nativ~ labour in (d) We feel deeply disappointed at U~O's procras South West Africa are a scandal. There IS a grave tination and failure of placing the Province of South system of forced labour. The Majority of Ovambo West Africa under the trusteeship of UNO. recruits for S.\V.A.N.L.A. arc forced to go somewhere (e) We want to make it known that we, s.till, rea.ffirm they do not want. Eventually, they sneak away. By our decision that in our view the apartheid continues sneaking away, before they reach Ovamboland, they and constitutes a 'grave threat to our national life and have hundreds of miles to walk. Many 'were thus eaten social peace. up by lions; many starved in the way; many were shot down by Boer farmers; many were captured by S.A. (f) The nationalists have introduced an evil explo police, before they reach Court, they. were savagery sion amongst Non-Europeans out here,. namel,Y, the kicked and beaten by S.A. Boer Policemen, At the "Bantu Authorities Act". It empowers tnb~l. Chle.f~ or Court they are always fined (£10) ten pounds or serve Headmen in certain circumstances to prohibit petition six months imprisonment with heavy labour. ers to UNO; to exile anti-apartheid nat~ve~; and to (.) Because we are voteless, we are also defenceless: control the native reserves on the basis of air tight level. ~arms-now wi~1. In the majority of Boer farmers are not It means, a chief's will etc. will be his peopl:'s friendly to their Native contract boys. The Ovambo It also means, now, natives will have no say 111 their farm boys were decreased by their farm employers ~y tribal meetings etc. shootinzs Some Ovambo victims were forced to dig Many of our present chiefs and. headmen .w~re al their 0~;1 graves; many of Ovambo corpses wer~ most appointed by European Native CommlsSlOners. burned to ashes by farmers and thus were concealed, Ovambo corpses were thrown in deep dry wells; some 1 -"./2913, annex VIII. 59 Ovambo corpses were hidden under big heaps of cattle the same decision. The United Party (British) had manures. Few farmers accused of murders were fined whitewashed his ambition. We would wish UNO to fifteen (£15) pounds only by Court. This above men recognise it, that on the 1st January, 1958, we shall tioned amount is often part of an Ovambo victim's cross the border into British Zones. sacked monies (savings). German South West Africa was conquered by Union No Ovambo is ever allowed to serve outside South in 1915. Ovambos had made friendly treaties with the West A £rica. Forced labour is no where exist in the Germans. But the Ovamboland itself was outside the rest of the civilised world. German Crown Colony of S.W.A. The South West African Native Labour Association, We are aware of the fact that every Native, whoever known as "SWANLA", is a guileful harlot which mur disagrees with apartheid is regarded a "communist" by ders Ovambo Native Labourers deceitfully by means apartheid followers out here. of false contracts. Once we are free from the apartheid's jurisdiction, The abused Union Mandate of South West Africa our labourers will have to select their own work. was eventually a British Mandate. It was a mandate which was handed over to his Britannic Majesty George We have informed Her Majesty's Government, as V in 1919-1920. The King had handed it over to the far as our change of mind with the Administration of United Party of South Africa, ie. the British U.P. South West Africa is concerned. Ovamboland was The present Nationalist Party is anti-British. Therefore never German S.W.A. portion. they cannot define the principles that the Mandatory Whoever writes (ovambo) to UNO is in jeopardy system exists no more. We do not want it to be defined out here. vVe may not write again this year, as we find by an outsider, we want to define it ourselves in the it very hard indeed to transmit letters to the United best interest of our people. Nations Organisation. Now, as the Ovamboland is outside the Police Zone, May God bless UNO we now define our principles viz: (Signed) Nghuwo Jepongo (a) From the Ist January, 1958, we shall join the P.S. We want to send monies for the relief of the British Commonwealth of Nations. Revd. T. H. Hamutumbangela, deceitfully deported to (b) In 1915, OUt late Chief Mandume had achieved Windhoek. Will UNO help please! N.]. ANNEX X Petitions dated 3 August 1957 from Mr. Toivo Herman Ja Toivo and eighty other Ovambo, dated 22 November 1957 from Mr. S. Shoomhe and 100 other Ovamho, and related communications dated 25 June and 29 July 1958 from Messrs. Festus Isaacs, Toivo H. Ja Toivo and D. D. Shoomhe 1. Petition dated 3 August 1957 from Mr. Toivo Her We are supposed to be satisfied because we have not man la Toiuo and eighty other Ouambo, Ooambo lost our land. Yet we would like the world to know land, to the Choirman of the Trusteeship Council that a portion of our country is placed in the Police Zone. This part stretches from the boundaries of Groot We the undersigned on behalf of Ovambos and being fontein and Tsumeb westward to the borders of Outjo inhabitants of S.W.A. would like to tell the world and and Okaukuejo, Those are the boundaries of the your organisation that we are the backward people Hereros and Ovambos. The Tsumeb mine belongs to educationally, politically and economically living under Ovamboland for it was worked by the Ondongo, an slavery conditions and incapable of participating in the Ovambo people, before the White people came. When affairs of our country due to the lack of education. vVe the Germans discovered this mine they found Onc1onga also note with regret that even if someone in Ovambo people mining the copper there from which they used land was available to represent us and express our views to make bangles which they use to sell to the ether and feelings to the world, due to the restrictions im tribes. Another portion lost to the Ovambos is that posed on us by the Union Govt., he would not be per on the north of Oukuanyama at present in the hands mitted to go over to do so. of the Portuguese. Therefore we appoint Mr. Mbururnba Uakerina vVe have stood and will continue to stand together (Getzen) jointly with Rev. M. Scott as our representa with our brothers the Hereros, Berg-Dernaras and tives at United Nations. Mr. Mburumba must always Nam as to the bitter end. vVe also call upon Great Bri be allowed to speak on our behalf at United Nations. tain, America, France and Belgium even at this last Likewise Rev. M. Scott must continue to deputise minute to reconsider their decision of handing over for us. S.W.A. to the Union Government for she has failed We very much feel annoyed by the false statements to Iulfill her promises or obligations and to comply made to your organisation by the Union Government with the covenant of League of Nations as well as the that we are in favour of the incorporation of S.W.A. United Nations Charter which is its legal successor. into the Union. It has been accepted as such because After 38 years rule over the territory, the Union Govt. we have no means to let our opposition be heard owing has shown its incapability of "Promoting the moral and to the facts aforesaid. Secondly, we are isolated and cut material wellbeing of the indigenous people in the off from civilised world by the Union Government with territory", instead it kept the people in the reservoir its racial barriers. (reserves) as a source of cheap labour. 60 We demand that our country be placed under the King Kamboji Thomas Junias Trusteeship Council which we believe will look after Simon Hamuhanja Erasmus Shindjinga us as a "Sacred Trust". We hope the U.N. take imme Noah Zackeus Cathrina Erens diate steps and send a commission to come and see John Steyn Lucus He1mttdt things for themselves. We as a people would like our W. Zackeus Ananias Padjelenga children educated so that we can run our own affairs L. Laurence Kilus Joshuah when the time comes. A. Nakarnela David Mathius Furthermore, we demand the release of Rev. T. H. Pedro H. Joseph H. N. Haidu1a Hamtumbange1a who in the eyes of the Union Govern J ohannes Haulonga Peter Hita ment committed a punishable crime by petitioning on our Timoteus Ammonie Victor Vi1ho behalf. This is a right to which he and all of us, inhabi Titus Petrus Festus Eliah Uej111u tants of a mandated territory, are legally entitled to. David Haukowgo J oshuah Nangoro '''le believe you are told that Rev. Hamturnbangela has J oseph Phi1emon H. E. Nakashole been transferred by his church to Windhoek as a free Simon Demfayo Jonas William Shetheni man but if it were so, why when his daughter passed J ohannes Kamulu Paulus Namangono away last December and he wanted to attend the funeral Isaac Abraham Thomas Handjengo the N.A.D. issued him with a travelling pass on which S. W. Mifima Stephin Nangoro it was stated that he should not address any meetings J. H. Joseph David H. Williams and he should only stay in Ovamboland for three P. H. Hangula A. Elias Shingenae weeks? As he is a head of a family, the church and T. Nestor Torvo J ohannes Abrahams tribe, we would like to have him immediately. Thomas Katumbe Nangoro Shigueza We also demand the abolition of the compulsory George Ipanda Patrich H. J oshuah "Contract System" through which our young men are Johannes Mengela Africa Erens employed. Contracts should only be taken voluntarily Abraham Erews Naufiku Shef eni and every young man must be free to choose and serve Frans Djulume Sakaria Namo1o his master as long as they understand each other. Our S. Paulus He1muot Jeremiah David married women folk must be allowed to accompany their Thomas Abraham Festus Isaac husbands to their place of work if they wish to do so; the unmarried women must be permitted to enter the 2. Petition dated 22 November 1957 from Mr. S. Police Zone and look for work if they like to. Shoombe and 100 other Ouambo, Windhoek, to the Secretary-General We very much regret for the omission of our address because through recent experience we have noticed We the undersigned Ovambos of South West Africa that although it is our right to petition as inhabitants wish to make it known that Mr. Mburumba Gertzen of a mandated territory, it is suicidal for any person is duly authorised to speak on our behalf at the United who does so. Nations. The population of Ovamboland is 200,000 and there are only two medical Doctors with the result Therefore we hope you will pardon 1IS for not giv that the death-rate is very high. But the two Doctors ing our address. have been provided by the South West Africa Native OVAMBOS. Labour Association (SWANLA) to examine the young We the under signatories on behalf of Ovambos men who go to work for the Europeans on the farms, having been cut off from any other communication with mines and as shepherds and as domestic servants. the world abroad and have no other means to let our voice and objections heard by your organization and Education the whole world, appoint Mr. Mburumba Uakerina (Get zen) ex-student at Lincoln University, Pennsylvania, There are no High schools or secondary schools in and now residing at 20, Willow Street, Brook1yn 1, the whole of Ovarnboland. The teachers are of a very New York as our national representative at United poor quality because they are taught in Primary schools Nations General Assembly jointly with Rev. Michael which give tuition up to Std, III. The chiefs and Head Scott. We plead that whenever possible Mr. Kerina men are illiterate and are appointed by the Govern Must be permitted to speak on our behalf and our ment. They receive presents from the Government such brothers the Hereros, Berg-Damaras and Namas, as clothing, tobacco, sugar and liquor as a means of ( Signed) Jackob Isaac bribing them to allow their young men to work as un Toivo Herman ja Toivo Erastus Kalundalali skilled labourers for the Europeans. Simeon ja J onah Toe Emuula It is untrue as the Union Government has stated P. S. B. J ackola iJolly S. Kaukungua that Gertzen is unknown in South West Africa. Thomas Hamukoto Reinhold Sylvanus johannes Kambua Gideon Phlipus Ovambo1and is a concentration camp where the in Sam Mathias Martin Lucas habitants are not allowed to leave without a pass. They Mathias Joseph l Iashali Shimuefeleni leave the area only as indentured labourers to work Timothy N angoro lIT ichael Ismael for the Europeans for 18 months or two years, but Kaulwame P. Johannes Phillip L. Nehemiah they are not allowed to return home before the expiry ]. S. Ekandjo Leonard Philemon of their contracts. They are also not allowed to leave Piet J ohannes George Sontshontsha Ovambo1and and to take up residence in the police Gebrie1 Hinghumbi J ohannes Detrus Zone, nor are they allowed to be accompanied by their Petrus Johannes H. Hashidala Zackeus WIves. 61 The inhabitants of Ovamboland are appealing to the West Africa with regard the activities of the South United Nations to place the territory under the trustee African Government in this mandated territory. ship of the United Nations. The victory of the Nationalist Party in the last elec (Signed) T. Amapindi tion held here confirmed our prognostication. The incre A. Amunjela 1. Shijelemo ment among white voters in South West Africa in B.Ipinge V. Shikololo favour of the Nationalist Party return to power sym K. Angula Y. Shipashu bolises the fear which dominate the White people in R. Tjipojeni K. Muandi this country. This fear of an eventual emancipation of S. Shitulipo B. Hilondobavali the African people in South West Africa from the E. Amukuaja N. Henkali South African slavery has in general been distorted hv F. Aluziku M. Shamu the South African politicians in our Territory. Ho\\: D. Amakali H. Hituvantapo ever, it is our strong belief that the only possible wav M. Shuveni K. Shuveni We~t R. Deshipanda of assuring security to the White people in South N. Ndeutepo Africa would be the United .t\ations, The people of T. Hamutenja R. Kalola South West Africa need guidance fr0111 the United D. Kapinja A. Mushuandukilua L. Shikukuete M.Ikuambi Nations to avoid future misunderstanding and suffer Z. Shijukifeni 1. Amakango ing of the people. We urge the United Nations to act V. Hikukuete N. Mpugulu now or else the situation will turn into violence and W. Pashukeni Z.Ijambo confusion. 1. Kandenge W. Nandjamba The ordinance of the South African Government 1. Hitilamuntu V. Akandje A. Hitalua K. Mushelempi which has been passed recently permitting European re. Nautende S. Muatila teachers to actively participate in politics signify a S. Shimake1a 1. Kauti clear step of the totalitarian nature of government ill T. Nunjango P. Kangue South West Africa, in our ouinion, it is cataclysmic D. Shanika F. Muatilandje return to Hitler's dictatorship in Germany. This action M. Dapopiua T. Kakuena has resulted in the turning of classrooms into political K. Hituuampata E. Mungandjela indoctrination institutions. The enclosed cuttings frnm N. Nambalimba L. Mbongozija the Windhoek Advertiser" will substantiate our state B. Hailonga S. Kazila ment, and what has been actually taking place in various W. Dungula R. Uzima European schools here. Y. Hitukamuntu B. Magumbo F. Kashuati A. Nakambale This is a flagrant violation on international obliga S. Akuenje M. Katakeni tions entrusted to the South African Government in B. Nujarna W. Uzigo the mandate agreement. N. Kamhuzala 1. Akapeke Time has come to make our position very clear before E. Etembu M. Naufila the world. Very often, we have been informed of the N. Shikuafini Z. Kafuma evils of communism in Europe and Asia by our White P. Kutondokua K. Nambashu oppressors as well as the government, disregarding their K. Hajimbondi B. Shimoni own evils and unjustified oppression inflicted upon us. H. Alufazi S. Nilenge May we say that our problem is not against conunu R. Hindenguavali T. Alumbungu nism, for the reason that we have never been colonised U. Nkundulu M. Deshinekela by communism. In fact the countries that are now sup W. Hifelenja R. Naligaluke p.osed~y under communism are not represented by H.us L. Hamalua N. Hipondokua sians internally and externally, but by their own people. Z. Kambonde W. Shihuanda Here in South West Africa the situation is rather till" N. Akuake V. Kalompo indirect way, the whiternan is a little self made GOD P. Panduleni A. Kajambulua in bis little acre of land, while Africans serve as slaves A. N deshihafela K. Nelenge in this heaven which is their natural land if birth. Ii K. Harnukoshi E. Shindolo communism as defined to us here means African freedom D. Namukuiju Z. Nakale and in practice western democracy stands for the douii N. Ashipala A. Nahauja nation of the majority by the few, then, we are afrail S. Hikuangela S. Shoombc we have to make our own choice. 3. Communication dated 25 June 1958 from Mr. Festus We urge the ,united Nations once more to plac... Isaacs, Mr. Toivo H. Ja Toivo and Mr. D. D. Soutl; V!est Africa under the Trusteeship System be fore 1t IS too late to act. Shoombe to the Secretary of the Committee 011 South West Africa1 Festus Isaacs for the Berc damara people, Toivo B. OVAMDO PEOPLE'S CONGRESS PETITION f:1 Toivo for the Ovambo P''!" We are closely watching the tide of events in South ple, D. D. Shoombe for the Ovambo people 1 Transmitted to the United Nations .by letter, undated, from Mr. George M. Houser, Executive DIrector American Com- . 2 The clippings accompanying this letter have been retail'!',l mittee 011 Africa. ' 111 the files of the Secretariat. 62 4. Comunication dated 29 July 1958 from Mr. Festus disposal. You have the personal statement of Mr. Isaac, Mr. Toivo Her-man Ja Toivo, and Mr. D. D. Mburumba ua'Kerina, a man born in South West Shoombe, to the Secretary of the Committee on Africa who really knows what it is like to be deprived South. West Africa of the elementary human rights, not to speak of a host of unChristian and immoral oppressive laws of which Re: PETITION you all at United Nations have been informed through Once again we pray that our territory of South West our petitions and other sources. Africa be placed under the Trusteeship Council of the United Nations. In submitting this petition, we strongly It is constantly stated that the United States of Amer believe that the United Nations is founded on the great ica, Great Britain and their satellite countries represent Christian principle of absolute justice. "WorIdChristianity", "the democracy", "The Free W orld and Justice". We the indigenous peoples of The General Assembly, the Committee on South South "West Africa have always favoured the Western West Africa as well as the whole United Nations Or powers and their satellites for their Christian belief. ganisation know too well even more than we do, that the Union Government is guilty of "a breach of duty", In the General Assembly deliberations, the delegates in terms of the mandate. The Union Government posed are divided into two main groups. On one side we have as a nation that "Shall promote to the utmost the mate the "Western states", also variously known as the "Free rial, moral wellbeing and social progress of the inhabi World", "The Democratic States" and the "Christian tants of the territory subject to the present mandate". Countries". This side is headed by the delegates of In terms of the mandate it is evident that the inhabi United States of America, Great Britain, France and tants referred to in the mandate are none others than their satellite countries. On the other side we have the the indigenous peoples of South West Africa; i.e, delegates of all the non-Western states. «Demaras", "Hereros", "Ovambos", "N amas" and the From the deliberations in the General Assembly of «Coloured" peoples. United Nations, it is quite evident that those delegates The territory is under the Mandatory guardianship" who represent "Christian countries", notably Great of the Union Government now for the last 38 years, Britain and her satellite countries are causing the dead and during this long period, as far as the indigenous lock in the matter concerning the mandated territory of peoples of the territory are concerned, the Union Gov South West Africa and the Union Government. They ernment has not "promoted to the utmost the material, also cause the present status quo in South West Africa rrioral wellbeing and social progress of the inhabitants". to continue, We therefore appeal through your Com I t is historically we 11 known what strides of progress mittee to the Government 0-£ the United States of could be made in 38 long years. The Union Govern America, Great Britain in particular and France as rrrent has purposely and willfully failed to discharge well as their satellite countries to reconsider their posi her duties towards the indigenous inhabitants of the tion in the true Christian and democratic spirit concern territory. This statement is absolutely irrefutable if we ing this matter 0-£ South West Africa by supporting understand the meaning of "Social Progress" in its proper Western sense. This statement cannot be re the one and only just settlement to have the territory futed, considering the long period of 38 years in which placed under the Trusteeship Council of the United the Union Government has kept and is still keeping us Nations Organisation forthwith. in primitive reserves for no other purpose than that (Signed) of securing cheap labour. Festus Isaac As to the present state of affairs in South West Toivo Herman Ja Toivo £\.friea you have all the first hand information at your D. D. Shoombe ANNEX XI Petition dated 14 May 1958 from Mr. Mburumba Kerina (Getzen), New York City, to the Secretary of the Committee on South West Mrica Members 0-£ the Ovamboland People's Congress of South West Africa have requested me to inform the United Nations that the South African Government is forcefully repatriating Ovambo people who have been domiciled in the Police Zone for a considerable length 0-£ time to Ovamboland, "The South African government", said my informants, "has made it clear to them that return of Ovarnbo people to the Police Zone in future will be on Contract System". The Ovamboland People's Congress strongly protests this policy of the South African government, and requests that the United Nations take immediate action requesting the South African government to bring an end to this policy at once. The Congress holds that this measure is a violation of the South African gov ernment's international obligation as set forth in the mandate agreement. (Signed) M. Kerina Mburumba Kerina (Getzen) cc. : Secretary, Ovamboland People's Congress 63 ANNEX XII Petition dated 1 July 1958 from Mr. Mburumba Kerina (Getzen), New York City, to the Secretary of the Committee on South West Africa Information has just reached me that the Governm~nt of Sout!: W~st Africa has nullified the TRANSPORTATION LICENSES of Mr. Streitwolf and hIS friend, who have been engaged in private transportation enterprises in the GROOTFONTEIN, TsuMEB and OVAMBOLAND areas. Knowing the situation in South West Africa, recognizing. the fact that the Government has made no explanation for this action, and assurrnng that there w~s no provocation on the part of Mr. Streitwolf and his ~riend t? hav~ them take t.h1s action I am convinced that this measure was taken with the intention of removing this lucrative enterprises from the hands of responsible Africans in order to facilitate its transfer to a European Settler. I hereby appeal, on behalf of Mr. Streitwolf and his friend, to the United Nations to take note of this grave situation, to consider its implications, and to make due recommendations to the Chief Native Commissioner in South West Africa. (Signed) M. Kerina cc: Mr. Streitwolf Chief Native Commissioner ANNEX XIII Petition dated 4 July 1958 from Mr. Mburumba Kerina (Getzen), New York City, to the Secretary of the Committee on South West Africa I am writing you this letter in behalf of the people of ( b) Limited grazing area for Africans' cattle with South West Africa who have authorized me to speak restriction against the African's cattle's use of the ex for them at the United Nations, to bring to the atten tensive European grazing areas under threat of confisca tion of the Committee on South West Africa the recently tion of African's cattle if this regulation is violated enacted legislation in the territory affecting the African accidentally or otherwise. people in urban areas. (c) Unrestricted number of cattle to be owned hv This legislation is centered around a long contro Europeans in the same area. versial issue in South West Africa, namely that of find (d) Unlimited grazing area. ing out ways and means to prohibit those Africans residing in urban areas from owning cattle. This legislation deprives the African people of the few cattle that they possess in urban areas, thereby, The following are extracts fr0111 the Chief Health transferring the complete ownership into the hands of Inspector's report as reported in the Windhoek Adver the Europeans. tiser of June 27, 1958. If the Administration is concerned about soil erosion, "The grazing in the location camp is very poor, as a why should the grazing area not be proportionally result of overstocking. The veld is actually trampled divided between Africans and Europeans. This question out and soil erosion is bound to step in if this state of can obviously be easily answered. It is simply another affairs is allowed any longer. manifestation of apartheid in action: Under any condi "This land can then be given out to more productive tions of hardship affecting the total community the first milk producers, with the specific instruction to produce action taken is that of eliminating the Africans from milk for the inhabitants of the location only. the situation in order to provide relief for the European Settlers. "The Manager of Native Affairs is in favour of this recommendation.', Judge for yourselves gentlemen, what are the social and economic consequences of this kind of Administra With regard this particular matter. The policy of the tion for the already hard pressed African majority at" government has been that of: the South West African population. (a) Limitation of number of cattle to be owned by (Signed) M. Kerina Africans in urban areas. Mburumba Kerina (Getzen ) ANNEX XIV Petition dated 17 October 1957 from Mrs. Kathe von Lobenfelder, Outjo, to the Trusteeship Council.' I am turning to you in desperation. I was born in the German Protectorate Force Officer Count von StilJ South West Africa on 31 October 1901. My father was fried. My mother was a so-called half-caste. I have two sons both of whom I sent to Germany in 1922 to enable 1 Original in German. them to visit a better school. During the Second World 64 War both of them were forced to become soldiers despite Germany, particularly in view of the fact that some their anti-nazi attitude. They became officers. Both of doubtful characters have been permitted to enter here. them held good jobs after the war, but, owing to I, myself, was in Germany with my foster parents, the political hatred, lost them. Being ill and owning a farm Hotelman Rolls where I studied the hotel business in I would like to bring my second son here to help me. Chemnitz and in Berlin. The industrious Germans are For the past two years we have been corresponding well thought of the world over except by the Boers who with all kinds of officials. Sworn depositions were re regard them as second class people. The Boers, on the quired in Pretoria and in Germany. At least twenty to other hand, consider themselves as first class. At the thirty letters were exchanged with the Government in same time Afrikaans is consideredhere to be the "world" Pretoria, S.A., Windhoek, S.W.A., and Hamburg. Now language. Should the Government continue to persist my son informs me that he has received word from in its present position, I would kindly ask for your Pretoria to the effect that his entry permit has been advice by what means my son and I could settle in some denied. On inquiry for reasons for this action, reasons other country. I own over 200 heads of cattle which I were denied. Getting to the bottom of this, I only heard am prepared to sell. I was born in Windhoek, German Apartheid t I! Is there outside of South Africa another South West Africa, on 31 October 1901. country where entry into their country of birth is denied to children who were sent abroad for a better education My son, Werner Peschel, was born on 7 January in view of the inadequate facilities at home? South West 1918 in Bersteck near Keetmanshoop, S.W.A. His ad Africa is a mandated Territory and has a mandatory, dress is: Werner Peschel, Plietzhausen-Reublingen, the Nazi-Government of South Africa which assumes Tiibingerstrasse 5, clo Schafer, Germany. the right of denying entry to children who were born here, and who enjoy a good name and reputation in (Signed) Mrs. Kathe von Lobenfelder ANNEX XV Communication dated 6 August 1957 from the Reverend Michael Scou, The Africa Bureau, London, to the Chairman of the Committee on South West Africa I am very concerned to read that the truth of statements I have made to the Fourth Committee are being quesioned by people resident in South West Africa. I see that they wish to answer my allegations, and I very much hope that it will be possible for me to appear before your Committee in order to reply to any points that may be raised relating to my previous statements. I should be most grateful if I could be kept informed about this matter. (Signed) Michael Scott ANNEX XVI Communication dated 10 August 1957 from the Reverend Michael Seott, T~e Africa Bureau, London, to the Chairman of the Committee on South West Afnca I am enclosing herewith copies of letters from Chief Hosea Kutako to. the Secretary-General! in case by any mischance some of these have not been received, I have noted a reference to only one of his letters in Press rep?rts on rec~nt . proceedings of the Committee. I should be grateful for an opportu.nlty of making an oral statement to the Committee if I could be informed of a time that would be convenient to you. . From the Chief's last letter, and preceding.letters, it IS ~lear that they ~ould like a Commission from the United Nations to VISIt that ternto;y to ascertain t~e truth, or otherwise, of statements that have been made about hIS people and their conditions, . I I know also that they would like one or more of their own people to ~rave from South-West Africa to state their own case i.n their own words an? until the necessary travel permits are granted them I feel m duty bound to continue to do what I can. . Id b . t f I should be grateful if y011 could inform me when It wou e convernen or the Committee to grant me a hearing. (Signed) Michael Scott 1 Letter dated 28 May 1957 to the Secretary-General, th: text of which is reproduced in document A/3626, annex X(b) , and letter dated 2S July 1957 to the Secretary-General, the text of which is reproduced below as annex XVIII. 65 ANNEX XVII Communication dated 14 January 1958 from the Reverend Michael Scott, The Mrica Bureau, London, to the Chairman of the Committee on South West Mrica I am enclosing herewith copies of letters I have received from Chief Hosea Kutako dealing with the question of land in the Aminuis Reserve and the matter referred to in the last report of your Committee page 16, paragraph 81 ;1 ( 1) A letter from the Chief addressed to the Secretary-General.2 (2) A letter from the South African Government Department of Native Affairs to Chief Hosea." (3) A memorandum on Chief Hosea Kutako's objections to transfer of land in Arninuis.s I am not sure whether both these documents, (1) and (2) were sent to you directly from South West Africa and whether both have been received by you. (Signed) MichaeI Scott 1 A/3626, annex 1. 3 Originally received by the United Nations direct from Chief 2 Letter dated 27 November 1957, the original of which was Hosea Kutako, as an enclosure to his letter dated 27 November received by the United Nations direct from Chief Hosea 1957. For text, see enclosure A to annex VI.l. Kutako. For text, see annex VI.l. 4 The text of this memorandum has been reproduced above as annex V1.2. ANNEX XVIII Communication dated 25 July 1957 from Chief Hosea Kutako, Windhoek, to the Secretary-General With reference to the petitions delivered at the United Union Government in South West Africa because they Nations by Mr. Wilhelm Heyn and Dr. Joachim See believe that that would be against their interest. gert,! I wish to inform you that these two men are We do not think it would be advisable for the United unknown in South West Africa as far as the indigenous Nations to put faith in a white resident from South population is concerned. West Africa if he is not accompanied by black peti South West Africa is a country where no other races tioners. Up to now our only white representative at the UNO, is the Rev. Michael Scott, whose information are allowed to rule except Europeans or people with was not only obtained from his own experience in the white skins. All Europeans belong to a privileged group; country but also directly from us who have not been they have the vote, they rule the country, they oppress here for decades and years but indigenous in this coun the non-Europeans and they are free to go to the United try. Therefore his information is that of an indigenous Nations. The indigenous population does not have all person. these privileges. As to the Importial United Nations representatives Most of the Europeans who live in this country are mentioned by the two men, I wish to add that our re not likely to disclose the evils which are pursued by the quest for such representatives dates as far back as 1946, and we have been asking for them ever since. 1 A/3626, annex XI. (Signed) Hosea Kutako ANNEX XIX Communication dated 9 September 1957 from Chief Hosea Kutako, Windhoek, to the Secretary-General I have the honour to inform you that the Rev. Michael Scott is still our repre sentative and he should be allowed to speak at the meetings of the United Nations on our behalf. (Signed) Hosea Kutako ANNEX XX Communication dated 4 August 1958 from Chief Hosea Kutako, Windhoek, to the Secretary-Ceneral- On behalf of the Herero tribe of South West Africa, I have the honour to inform you that I have appointed Mr. Mburumba Kerina as our representative at the United Nations and am asking that he should be allowed to speak on our behalf. (Signed) Hosea Kutako 1 A copy of this letter was also transmitted to the United Nations by Mr. M. Kerina (Getzen) on 14 August 1958. 66 ANNEX XXI Communication dated 3 December 1957 from Mr. Jaeobus Beukes, Rehoboth Community, to the United Nations General A8sembly This is to inform you that a letter has been returned; Sirs, the address was incorrect. I accordingly attach the same letter, with another. I would appreciate it if you would In deep anxiety about the future status of our country let me know the correct address. A further two letters, and people I pass sleepless nights. I can do no less than under registration numbers R 4714 and R 4545, are endeavour to make plain the correct constitutional posi on their way; I would appreciate, and shall await, an tion and status under the mandate: answer when they reach you. 1. Our status as a country was independent from (Signed) ]acobus Beukes 1870 onwards; this was confirmed by a Treaty of 1885. Burgher-Secretary The 1914 World War brought about a change by com pelling us to side with the Allied Powers. Enclosure A 2. After the war the Powers decided that we should form part of the territory under mandate of South Letter dated 7 September 1957 from Mr. Iacobus West Africa, and we thus became subject to the provi Beuses to the Secretary-General sions of Article 22 of the Covenant of the League of Nations, because we did not yet have the necessary URGENT REQUEST qualifications as a population of 44,()(X) as compared In connexion with what was published in the news with Iraq and Transjordan. Territories still under man paper, which showed a photograph of myself with my date are under training for maturity. family, I intentionally allowed this in order to find out 3. The Mandatory thereby assumed material and what the purpose was. To my astonishment I am now moral obligations, in terms which are subject to revision compelled to recognize that what was published does at five-yearly intervals. The Mandatory, instead of ful not correspond with the questions that were put to me. filling its material and moral obligations, withdrew from I do not wish to go into more detail, for I have laid us on paper, as one of the disastrous consequences of everything befOTe the world organization and insist that 1925, the rights on which our favourable situation de my complaints are justified. I am therefore profoundly pended. It is very much open to speculation what law confident that the world organization will recognize empowers the Advisory Board to deal with the affairs that the matters I have already reported should be in of the country and people, considering that our rights vestigated by the United Nations through an impartial have not yet been restored. commission which will examine evidence and hear eye 4. At the time of these events the old League of witnesses. This is the only way for the world organiza Nations was still fully active and 1, as Secretary author tion to elucidate the situation. I am deeply confident ized by the whole population, reported to it through that the world organization will compare this publica petitions and requests, but to no avail. AIl we were tion with the letters it has already received from me. told to do was to work in harmony with the Adminis As stated above, I underwent this test in order to gain tration but it was not possible to get the Mandatory information, and have since found out and taken note to do so. The Mandatory deliberately pursued its activi of what led to the interview. I accordingly adhere firmly ties, and thus we are still under a Captain who serves to the statements made in my letters, which are already in two posts, as Captain and Magistrate. The Captain before you. This is my respectful request. of the Board must support and faithfully serve the (Signed) ]. Beukes Government, so every right-thinking perso~ can reflect B urgher-Secretary on what will become of our population, which depends on its future status. In my opinion, such rights as we have in our country are enjoyed only by permission; Enclosure B we are clearly under dictatorial banishment and poli Letter dated 3 December 1957 from Mr. Jacobus tically incapacitated, and as a result are losing our Beukes to the Captain and M embers of the Advisory future status. Who is responsible for these thousands Board of the Rehoboth Community of people? I appeal to the World Tribunal on the grounds of Article 2~, ~o which we .are su~ject and «Call for a Protest against the Administration through which rests upon an inviolate foundation. It IS my re Members of the Advisory Board" spectful expectation that the United Nations will show us a way-for we have been it~ this situation f?r over I hereby respectfully request that the following thirty-five years-so that our wives may dry their tears should be transmitted to His Excellency the Adminis and look forward happily to their babies' future. trator at Windhoek for onward transmission to the United Nations General Assembly, New York, United (Signed) ]. Beukes States of America. Burgher-Secretary 67 ANNEX XXII Communication dated 26 May 1958 from Mr. George M. Heuser, American Committee on Mrica, New York City, to the Secretary of the Committee on South West Mriea I have been asked to forward to you this enclosed entrusted her by the League of Nations and Your Ma petition from the Ovamboland People's Congress. jesty's Government. (Signed) George M. Houser We the people of Ovamboland and the rest of our fellowmen in the territory of South West Africa, namely Enclosure the Hereros, Namas, Saan, Bergdamaras and the Oka vangos hereby appeal to Your Majesty's Government Letter dated 8 May 1958 from Mr. Toivo H. la Toivo of Great Britain in whose behalf our mandated terri and Mr. D. D. Shoombe, Windhoek, for the Ovam tory is being administered by the South African Gov boland People's Congress, to Her Majesty Queen ernment to revoke the mandate forthwith and to place Elizabeth tt, London it under the United Nations Trusteeship System. PETITION May we also request Your Majesty's Government to acquaint your representative on the South est , Long ago, Your Majesty our forefathers petitioned V.,r Queen Victoria I to place our people and country under Africa Good Office Committee of the UNO which is the protection of your Majesty's Government. Unfor now negotiating with the South African Government tunately, this request was not fulfilled. concerning the future of our country, with our views. However, in December, 1920, His Brittanic Majesty cc: Rev. Scott accepted the League of Nations Mandate over our coun Mbururnba Kerina try for and on behalfof the Governmentof South Africa. Secretary, UNO Committe on SWA We wish to inform Your Majesty's Government that The Chairman, Labour Party, London the Government of South Africa has failed to comply Director, American Committe 011 Africa. with the provisions embodied in the mandate agree (Signed) T. H. Ja Toivo ment and also to carry out the international obligations D. D. Shoombe ANNEX XXllI Map of South West Mrica 1958 Note: This annex will be issued as an addendum to the present report. 68