New Contree 62.Indb

New Contree, No. 62 (November 2011) New Contree, No. 62 (November 2011) New Contree, No. 62 (November 2011) New Contree No. 62 (November 2011) A journal of Historical and Human Sciences for Southern Africa New Contree, No. 62 (November 2011) New Contree is an interdisciplinary focussed peer reviewed journal within the Historical and Human Sciences published by the School of Basic Sciences, Vaal Triangle Campus, North-West University. To accommodate more articles from a variety of Historical and Human Sciences disciplines (that especially reflects a fundamental historical approach), this Journal has slightly altered its name from 2008. Opinions expressed or conclusions arrived at in articles and book reviews are those of the authors and are not to be regarded as those of the North-West University or the editorial staff of New Contree. Two editions of New Contree are annually published. Articles appearing in New Contree are abstracted and/or indexed in Index to South African periodicals, Historical Abstracts, and America: History and Life. e Journal is also listed in e Bowker International Serials Database (New York), e Serials Directory (Birmingham, USA), e International African Bibliography (London) and Ebsco Host. New Contree, A journal of Historical and Human Sciences for Southern Africa, is mainly published in English though all the officially accepted languages in South Africa are accommodated in all editions. From November 2011 abstracts will only be in English. Notes for contributors Manuscripts, in any of the official languages, not exceeding 15 pages (approx, (one and a half spacing, 12 font) and on a CD disk or sent via electronic mail to the editor as an attachment in WORD are welcome. A summary/abstract must also be included in English, irregardless of the language of the manuscript. Contributors are asked to write in a clear and reader-friendly style. Please note: e language of both the abstract and the manuscript must be professionally edited before submitting the final approved manuscript to New Contree. Required proof must be provided in this regard. Also provide six to ten keywords (For more information, see template guideline for manuscript and footnotes on the last pages of this journal). Approach to article (also see guidelines on the last pages of the journal) e use of informative subheadings is important. No numbering is required. For general style and reference techniques of manuscripts, contributors are recommended to refer to the last pages in any recent copy of New Contree. One free copy of the edition in which a contributor(s) article has been published will be sent to the contributor(s). Page fees are necessary. As New Contree is an accredited journal, the cost of an article can be recouped from the earnings on research outputs. Authors employed by South African Universities and other national tertiary institutions should approach their institutions regarding subsidising their page cost for articles. Authors are not expected to pay for articles themselves. Approach the institution on your behalf. New Contree, No. 62 (November 2011) Editorial Advisory Committee Prof. Patrick Furlong (Alma College, USA); Prof. Albert Grundlingh (University of Stellenbosch, Western Cape); Prof. Louis Grundlingh (University of Johannesburg, Aucklandpark); Prof. Karen Harris (University of Pretoria, Pretoria); Prof. Ackson M Kanduza (University of Botswana, Botswana); Prof. Bernard K Mbenga (North-West University, Mafikeng Campus, Mafikeng); Prof. Robert C-H Shell (University of the Western Cape & Commissioner of Truth and Justice for Mauritius); Mr. Nick Southey (University of South Africa, Pretoria). Layout and Publishing Editor Prof. Elize S van Eeden (North-West University, Vaal Triangle Campus, Vanderbijlpark). Book Review Editor Prof. Archie Dick (IT Department, University of Pretoria). Assistant Control Editor Prof. Eric J Nealer (North-West University, Potchefstroom Campus, Potchefstroom). Layout & Coverdesign Artz Studio: +27 (0)82 553 6463 / +27 (016) 423 5412 / Email: [email protected] Printers Bontshi Business Services Pty (Ltd), Wierda Park, Centurion, Pretoria Tel: +27 (0)12 653 7263 Postal address - New Contree e editorial staff New Contree School of Basic Sciences North-West University PO Box 1174 Vanderbijlpark 1900 New Contree, No. 62 (November 2011) Telephone: (016) 910 3451 or (016) 910 3469 Email for enquiries or article presentations: <a href="mailto:[email protected]" target="_blank">[email protected] </a>Subscription fees for 2012 (A subscription form is available on the last page of this journal) R 250.00 (Individual members - local) R 300.00 (Local institutions) R400.00 (Africa) Overseas subscribers R660.00 ISSN Particulars 0379-9867 New Contree, No. 62 (November 2011) EDITORIAL is issue of New Contree offers an interesting kaleidoscope of articles about Southern Africa, ranging from social history to political issues like land reform and women’s rights. Environmental issues in certain regions of South Africa, like water pollution in Potchefstroom and the impact of environmental pollution on human health in parts of Gauteng, are also covered. Apart from the fact that a space for local environmental history from a broad research context is acknowledged, its inclusion also efficiently liaise with the COP17 United Nation’s climate talks in Durban between 28 November to 9 December 2011 and suggestions for more integrative thinking on environmental issues. is requirement certainly also concerns environmental related research in the humanities and human sciences. e two book reviews are particularly interesting. e first appraises a noteworthy regional and language history contribution entitled e Afrikaans of the Cape Muslims from 1815 to 1915, written by the late Achmat Davids and edited by Hein Willemse and Suleman E Dangor (published in 2011). In the review of Scott Couper’s Albert Luthuli: Bound by Faith (published in 2010), there are some thought-provoking and compelling alternative and critical reflections on former African National Congress (ANC) president, Albert Luthuli. Readers are reminded of contributions for the special edition of New Contree to be published by approximately the end of February 2012. With this special edition the Editorial Team will commemorate 35 years of the journal’s existence (see call for articles in this issue). e Editorial Team INew Contree, No. 62 (November 2011) AII New Contree, No. 62 (November 2011) Editorial Invitation to contribute in a special edition IVI CONTENTS Articles Louis Grundlingh <ul style="display: flex;"><li style="flex:1">“In what way are gay men actually harmful to society?” </li><li style="flex:1">1</li></ul>Exploring the evidence on the feasibility of amendments to the Sexual Offences Act 23 of 1957 Gerald Groenewald Dynasty building, family networks and social capital: Alcohol pachters and the development of a colonial elite at the Cape of Good Hope, c. 1760-1790 23 Mark Ingle Taking stock of land reform in Namibia from 1990 to 2005 55 71 91 Ackson M Kanduza Steve Biko and Kenneth Kaunda: Sampling youth in history Shikha Vyas-Doorgapersad & T s hombe M Lukamba e status and political participation of women in the Democratic Republic of Congo (1960–2010): A critical historical reflection Elrista Annandale & Eric Nealer Exploring aspects of the water history of the Potchefstroom region and the local management of it 111 III New Contree, No. 62 (November 2011) Mariette Liefferink Assessing the past and the present role of the National Nuclear Regulator as a public protector against potential health injuries: e West and Far West Rand as case study 125 155 Gustav Hendrich Vereniger en opheffer: Die Nederduitse Gereformeerde Kerk in Rhodesië (1890-2007) Book reviews Scott Couper’s Albert Luthuli: Bound by Faith Reviewed by Nicholas Southey 179 182 Achmat David s ’s e Afrikaans of the Cape Muslims from 1815 to 1915 Reviewed by Gerald Groenewald New Contree info Guidelines for New Contree book reviewers T e mplate guidelines for writing an article Reference guidelines for writing an article SASHT 2012 annual conference, University of Stellenbosch New Contree subscription for 2011 187 189 191 197 198 AIV New Contree, No. 62 (November 2011) VNew Contree, No. 62 (November 2011) AVI New Contree, No. 62 (November 2011) ATTENTION! Invitation to contribute in a special New Contree edition In 2012 the New Contree Journal will be 35 years old. To commemorate this milestone a special edition (apart from the two annual editions) will be published by the end of February 2012. To also accentuate the New Contree’s associations with research in local/regional related history (as well as any other local/regional research with a firm historical foundation in other Human and Social Science disciplines) researchers are invited to submit an article for peer reviewing by early January 2012 latest. A feedback will be done within two weeks, after which the approved articles will follow a final editing process from 20 January 2012. Please follow the New Contree reference guidelines. Visuals also are more than welcome. Send your contributions to: <a href="mailto:[email protected]" target="_blank">[email protected] </a>VII New Contree, No. 62 (November 2011) AVIII In what way are gay men actually harmful to society? “In what way are gay men actually harmful to society?” Exploring the evidence on the feasibility of amendments to the Sexual Offences Act 23 of 1957 Louis Grundlingh Department of Historical Studies University of Johannesburg <a href="mailto:[email protected]" target="_blank">[email protected] </a>Abstract Prompted by a perception that a gay sub-culture developed in the major urban areas of South Africa, and that this formed a threat to state security and to the established mores of society, the Minister of Justice, PC Pelser, appointed a Parliamentary Select Committee in 1968. e essence of the task given to the Select Committee was to provide clarity to the Department of Justice about a definition of homosexual acts as well as the causes, manifestations and extent of these practices. In addition, the Committee had to ascertain whether South African society was ready to decriminalise sodomy and “unnatural” sexual practices. A major concern was whether gay men were a danger to minors. e Committee received numerous written submissions and held regular meetings to hear oral testimonies, which covered a wide spectrum of opinions and issues. Representatives of the South African Police and the Afrikaans churches vehemently opposed homosexuality and homosexual activities. Ministers from the English churches pleaded for tolerance but with very specific preconditions. e position of the lawyers, psychiatrists and psychologists was clear: that homosexuality was not a threat, could not be “cured” and should be accepted. e investigation resulted in widespread debate, revealing facets of the moral dynamics of white South African society in the 1960s. Inter alia, issues such as the right of the state to make laws on morality and intrude on the privacy of individuals, diverse interpretations of the Bible, the level of intolerance for the “other” and the apparent difficulties to enforce any amendments to the Act - as far as homosexuality was concerned - were raised. By emphasising these issues, the intention of this article is to give an indication as to what extent gay white men were tolerated. To realize this, a discussion of the context of a very strong conservative government that underpinned the activities of Select Committee was essential. e upshot was that the deep-rooted conservatism of the state prevailed, finding expression in harsher and specific measures in the Immorality Amendment Act of 1969. e strong arguments from some church representatives, as well as the medical <ul style="display: flex;"><li style="flex:1">•</li><li style="flex:1">1</li></ul>New Contree, No. 62 (November 2011) and legal fraternities, were discarded. Clearly the time was not yet ripe for liberalising sexuality in South Africa. Research for this article relied on the extensive testimonies before the Select Commission as published in its final report. In addition, relevant submissions in the Gay and Lesbian Archive at the University of the Witwatersrand helped to form a comprehensive picture and made qualitative analysis possible. Keywords: Sexual Offences Act 23 of 1957; Submissions; Testimonies; Homosexuality; Homosexual practices; Legal; Religious; Psychiatrists; Psychologist; eologians; Hegemonic masculinity; Control; Cure; Punitive legislation. Introduction In 1968, e South African Parliament set up a Select Committee1 to consider an amendment to the Sexual Offences Act of 1957.2 During the first half of the year it held numerous meetings to hear evidence and make recommendations for legislation to “control”, “correct” and even “cure” white homosexual men.3 e report of this investigation was until then the only serious policy-making initiative to come from the government on the question of homosexuality,4 and occurred during a period of hegemonic state domination of all aspects of South Africans’ lives. Politically, the state could rely on an overwhelming majority in Parliament, backed by a strong military and police force, and opposition, particularly of the black un-enfranchised majority, was forced underground. Economically, the mostly Afrikaner supporters of the National Party for the first time 12 e nine white male members of the Select Committee were JJ Engelbrecht, JT Kruger, T Langley, L le Grange ML Mitchell and drs A Radlof, WLDM Venter and EL Fisher. S Frank was the chairperson. Government of the Republic of South Africa, Report of the Select Committee on the Immorality Amendment Bill, S.C. 7 – ’68 (Pretoria, Government Printer, 1968), p ix. ree sections of the Act (10, 14 and 20) criminalised “indecency”. Homosexual acts were put on a par with “indecency”. Hence Section 20(A) provided that “acts committed between men at a party and which are calculated to stimulate passion or to give sexual gratification is prohibited.” is section created a legal paradox. e intention of the act was not to prohibit acts performed in private. us it was legal to be homosexual but behaviours associated with homosexual practices were illegal. See G Isaacs & B McKenrick, Male homosexuality in South Africa. Identity formation, culture and crisis (Cape Town, Oxford University Press, 1992), pp. 148-150. <ul style="display: flex;"><li style="flex:1">For the purpose of this article the term “gay men” will mean “white homosexual men”. </li><li style="flex:1">3</li></ul><ul style="display: flex;"><li style="flex:1">4</li><li style="flex:1">TF Jones also discusses the activities of the Select Committee but specifically focused on the role played by the </li></ul>psychologists and psychiatrists. TF Jones, “Averting white male (Ab)normality: Psychiatric representations and treatment of ‘Homosexuality’ in 1960’s South Africa”, Journal of Southern African Studies, 34(2), pp. 397-410.) <ul style="display: flex;"><li style="flex:1">•</li><li style="flex:1">2</li></ul>In what way are gay men actually harmful to society? experienced unbridled prosperity.5 During the 1960s the ideology of Afrikaner Nationalism pervaded the social, cultural, legal and religious arenas. Gevisser aptly describes how the Nationalists applied the conspiracy-rhetoric as a control mechanism in all of these arenas:6 Nationalist control over South Africa was consolidated through the construction of bogeymen, and to the black conspiracies, communist conspiracies, English conspiracies, Jewish conspiracies, could now be added ‘queer’ conspiracy. e state’s control over the sexual activities of its citizens was more than just controlling sexuality. Mixed with its racist policies it sought to limit the practice of inter-racial sexual intercourse and thus retain white political dominance.7 is was indicative of the state’s intention to control the whole of society. M Epprecht reminds us of the context of the 1968 Select Committee, which had also been commissioned just after “increasingly assertive African nationalism in the 1950s and 60s, (which) tended to narrow tolerance of any liberal values, let alone de-stigmatize homosexuality”.8 Although this threat of the liberation struggle abated due to harsh measures to quell it, other issues were presenting themselves. Morally, the spectre of decay in the fibre of society, as defined by a strong conservative component of white citizens, was seen as a major threat. According to Du Pisani, the decay manifested itself in liberalism and homosexuality, “two primary manifestations of masculine ‘deviance’ in Afrikaner society during the apartheid years.”9 is view was strengthened by international events, specifically in the United States of America (USA) where the hippie movement preached “free love,” and in the United Kingdom (UK) where the Wolfenden Committee’s report10 on gay rights confirmed the <ul style="display: flex;"><li style="flex:1">5</li><li style="flex:1">A Grundlingh, “’Are we Afrikaners getting too rich?’ Cornucopia and change in Afrikanerdom in the 1960’s”, </li></ul>Journal of Historical Sociology, 21(2/3), June/September 2008, p. 148; K du Pisani, “Persepsies van manlikheid in die Afrikaanse gemeenskap, 1935-1995”, (Paper, 16th biannual conference of the South African Historical Society, July, 1997), pp. 9-11. M Gevisser, “A different fight for freedom: A history of South African lesbian and gay organisation – the 1950s to the 1990s”, M Gevisser & E Cameron, Defiant desire. Gay and lesbian lives in South Africa (Braamfontein, Ravan Press, 1994), p. 31. 678 TF Jones, “Averting white male (Ab)normality…, ”, Journal of Southern African Studies, 34(2), p. 398. M Epprecht, “‘What an abomination, a rottenness of culture’: Reflections upon the Gay Rights Movement in Southern Africa”, Canadian Journal of Development Studies, 20, 2001, p. 1093. K du Pisani, “Puritanism transformed: Afrikaner masculinities in the Apartheid and post-Apartheid period”, R Morrell, Changing men in Southern Africa, (Pietermaritzburg, University of Natal Press, 2001), p. 167. 910 In 1965 the British House of Lords approved a bill to decriminalise consensual adult sodomy. is decision was based on the recommendations of the 1957 Wolfenden Report, advising decriminalisation. e House of Commons eventually ratified decriminalisation in 1967. SA Rosen, “Police harassment of homosexual women and men in New York city, 1960-1980”, Columbia Human Rights Law Review, 12, 1981, p. 167. <ul style="display: flex;"><li style="flex:1">•</li><li style="flex:1">3</li></ul>New Contree, No. 62 (November 2011) existence of a tolerant society – albeit only in legal terms. Against this background the article focuses on a specific enquiry into homosexuality over a period of six months in 1968. It investigates the evidence – either through written submissions to, or oral testimony - before the Select Committee from various sections of white South African society. ese offer windows into white perceptions of homosexuality11 in the late 1960s. is analysis suggests a link between homosexuality as a perceived or imagined disaster and the persecution of gay men. In addition, the article addresses the various and nuanced degrees to which the evidence supported or disagreed. e role players in this discussion are members of the Select Committee, the medical profession, theologians, the police, psychiatrists and psychologists and anti-amendment activists represented by the Law Reform Movement (LRM).12 Apart from the factual content of the evidence, on a broader level the article explores issues such as the right of the state to legislate on morality - implicitly against minorities - as well as the complexity thereof; conservative versus more liberal interpretations of the Bible;13 the reliability of the medical profession’s views; the authority of the police and the state and the motivation for more “open-minded” people to challenge this authority. e issue of whether legislation should be passed when trailing behind public opinion, or whether it should lead public opinion, also receives attention. Although there are isolated exceptions to the rule, in mainstream and progressive histories on South Africa, until recently sexuality as a site for political struggle simply did not feature. When harsh legislation is talked about, the Police Act and the Terrorism Act were mentioned, but the Sexual Offences Act, which allowed for jail sentences for men who did nothing more than kiss in public, is invariably overlooked.14

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