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The Gold, Liquor and Pass Laws and the Problem of Identification, 1895 – 1899 ’

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The Gold, Liquor and Pass Laws and the Problem of Identification, 1895 – 1899 ’ UJ SOCIOLOGY & ANTHROPOLOGY S E M I N A R 2008/27 ‘Cross of Gold: The gold, liquor and pass laws and the problem of identification, 1895 – 1899 ’. By Prof Keith Breckenridge University of KwaZulu-Natal Paper to be presented at 16h00, Wednesday, 8 October 2008, in the Anthropology and Development Studies Seminar Room (D Ring 506) *** Please do not copy, quote or cite without the author’s permission *** Work in progress, please do not cite without my permission 1 Cross of Gold: The gold, liquor and pass laws and the problem of identification, 1895 – 1899 Keith Breckenridge, [email protected] 8 October 2008 I think that it is fair to say that the special problem of South African historical writing is the search for the origins of the Apartheid state. The most influential works of our historiography have traced a South African sonderweg back to its beginnings in the period of Reconstruction following the South African War in 1900.1 There, under Lord Milner, the key institutions of coercive migrant labour and racial segregation were energetically laid down by a small army of British administrators. I have some small quarrels of detail and interpretation with these studies. What I want to show here is that the state-building of the Reconstruction period was undertaken using plans that were drawn up in the last five years of the Boer Republic. The modern South African state – during Apartheid and before it – exhibited an extraordinary capacity for the large scale imprisonment of innocent workers, almost all of them black and male. In an essay published a quarter-century ago – which has renewed significance in the post-Apartheid democracy – Charles van Onselen showed that South Africa’s distinctive “labour-repressive institutions” fostered the development of tightly organized criminal organizations inside its prisons. “At the very heart of the new order,” he argued, were the “mine compounds of the Witwatersrand.”2 But the mine compounds were not the engine of incarceration in South Africa, certainly not directly and not really figuratively—the work of imprisonment was undertaken by other institutions: primarily the pass office compound and secondarily the prohibition on the production, sale and consumption alcohol by Africans. It was these two areas of South African law, and the special instruments that were developed to police them, that populated the prison system. In this essay I want to show that these laws were drafted and implemented under the influence American mining engineers who dominated the gold mining industry in the 1890s.3 1 Shula Marks and Stanley Trapido, “Lord Milner and the South African State,” History Workshop Journal 8 (1979): 50-80; Charles van Onselen, “Crime and Total Institutions in the Making of Modern South Africa: the life of 'Nongoloza' Mathebula, 1867-1948,” History Workshop Journal 19 (1985): 62-81; Martin Chanock, The making of South African legal culture, 1902-1936 : fear, favour and prejudice (Cambridge: Cambridge University Press, 2001), \\tux\breckenr\pdfs\0675530240culture_1902_1936.pdf ; Martin Legassick, “British Hegemony and the Origins of Segregation in South Africa, 1901-1914,” in Segregation and Apartheid in Twentieth Century South Africa (London: Routledge, 1995), 43-59, \\tux\breckenr\pdfs\0538164264riginsSegregation.pdf . 2 van Onselen, “Crime and Total Institutions,” 63. 3 There is a surprisingly rich body of research on the American engineers. See C. Tsehloane Keto, “The Aftermath of the Jameson Raid and American Decision Making in Foreign Affairs, 1896,” Transactions of the American Philosophical Society 70, no. 8 (1980): 1-46; M Z Nkosi, “American mining engineers and the labour structure in the South African mines,” African Journal of Political Economy, no. 2 (August 1987): 63-81; J. Higginson, “Privileging the Machines: American Engineers, Indentured Chinese and White Workers in South Africa's Deep-Level Gold Mines, 1902û1907,” International Review of Social History 52, no. 01 (2007): 1- 34; Elaine N. Katz, “The role of American mining technology and American mining engineers in the Witwatersrand gold mining industry 1890-1910,” South African Journal of Economic History 20, no. 2 (2005): 48-82; Enid de Waal, “The part played by the Americans on the Witwatersrand during the period 1886- 1899” (Unisa, History, 1971), \\tux\breckenr\pdfs\4171306319Dewaal2.pdf ; Elaine N. Katz, “Revisiting the Origins of the Industrial Colour Bar in the Witwatersrand Gold Mining Industry, 1891-1899,” Journal of Southern African Studies 25, no. 1 (1999): 73-97 Work in progress, please do not cite without my permission 2 By the end of 1895 the corps of American mining engineers had broken in to two camps. One side--dominated by Gold Fields’ John Hays Hammond--supported Rhodes’ ill-considered effort to overthrow the Boer state. The other, led by Rand Mines’ Hennen Jennings, publicly declared its support for Boer independence. Hammond’s adventures have received vastly more attention (at the time and subsequently) but it was Jennings’ efforts that resulted in the blueprint of the 20th century South African state. Some of this work was accomplished through lobbying by the Association of Mine Managers and the Chamber of Mines, but the most important intervention was in his testimony and direction of the commission of enquiry that Kruger appointed after the Jameson raid. The deliberations of the 1897 Mining Industry Commission, including some six hundred pages of evidence, recommendations and already existing law, were carefully collated (and where necessary translated in to English), nicely bound and very widely published. The Industry Commission, as it was called by contemporaries, was not the first public official enquiry in the Transvaal, or even the first to deal with the mining industry, but it was the first to mobilize the powers of the blue-book, albeit commercially.4 And, in the history of official commissions in South Africa, it is unusually consistent in its terms of evidence and recommendations. Running through all of the evidence and the report of the Commission is a steady preoccupation with the administration of three newly enacted statutes of the old republic: the gold, liquor and pass laws. I want to show that these three laws, amidst a sea of local regulations directed at the control of African labourers and their families, should be viewed as the foundations of the modern South African state.5 Much more than the great library of official publications that was produced in the 20th century, the 1897 Report was adopted as a guide by the key state makers of this time: Jan Smuts, Kruger’s young Attorney- General; Alfred Milner, the imperial Proconsul; Edward Henry, first Commissioner of the Transvaal Police; and Godfrey Lagden, the Commissioner of Native Affairs. The combined operations of these three republican laws, which only started working in earnest under Edward Henry in late 1900, had distinctive effects on the form of the South African state, especially in the area of policing. All three laws inverted the normal procedures of liberal due process by setting very low requirements for the demonstration of culpability. Anyone caught in possession of unrefined gold after 1895 without “proof that he obtained the possession” lawfully was presumed guilty of the crime of Illicit Gold Buying and subject to harsh penalties. Identical provisions in the liquor and pass laws essentially removed the requirement for the police to prove that a crime had taken place at all. More importantly, the urgency and clarity with which the engineers enunciated the requirements of their industry meant that the Transvaal detective force after 1900 devoted fully two-thirds of its manpower and institutional resources to the prosecution of crimes that affected only the gold mines. One consequence of the state’s efforts to protect the mining industry by preventing workers from stealing gold or drinking alcohol can be seen in the neglect of a basic forensic 4 J. S. Bergh, “" To Make Them Serve": The 1871 Transvaal Commission on African Labour as a Source for Agrarian History,” History in Africa 29 (2002): 39-61; On the litany of mining commissions before 1897 see L. Kaplan, “The Development of Various Aspects of the Gold Mining Laws in South Africa unpublished PhD thesis” (Department of Law, University of the Witwatersrand, Johannesburg, 2001), 284- 324 5 The best short study of the pass laws is by E. Kahn, “The pass laws,” Handbook of Race Relations in South Africa (1949): 275-91; For the workings of the system of influx control under Apartheid Douglas Hindson, Pass Controls and the Urban African Proletariat (Johannesburg: Ravan Press, 1987); The most detailed historical overview is still Sheila T. van der Horst, Native Labour in South Africa (Oxford: Oxford University Press Oxford: Oxford University Press, 1942); and the place of pass system in the workings of the law Chanock, Making of South African legal culture. Work in progress, please do not cite without my permission 3 capacity for the investigation of civil crimes.6 Another is that each of these laws placed the problem of reliable bureaucratic identification at the centre of policing. Two types of American Engineers By the beginning of 1895 the international significance of the Witwatersrand basin was unmistakable. In the previous year John Hays Hammond, serving as Gold Fields’ chief consulting engineer, presented a report to the shareholders of the British South Africa Company that killed Rhodes’ much cherished fantasy that he would find a “Second Rand” north of the Limpopo River. “I did not wish the investing public to be misled into believing that the reefs of Rhodesia resembled those of the Rand in the remarkable continuity of pay ore,” Hammond explained much later, “the reefs of the Rand are unique among the ore deposits of the world in this respect.”7 And in February, Hamilton Smith published another famously influential essay on the Witwatersrand gold mines in the “Stocks and Shares” section of The Times of London.
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