Land reform in the Xhalanga district, Eastern Cape (A case study appended to the report on land redistribution) A research report commissioned by the High Level Panel of Parliament Prof Lungisile Ntsebeza and Dr Fani Ncapayi 9/1/2016 Introduction We begin our report by laying the historical and contextual background of land reform in the Xhalanga district. The period covered starts with the establishment of the Xhalanga district and its people in the nineteenth century up to the demise of apartheid and the introduction of a constitutional democracy in South Africa in 1994. The key focus throughout is land tenure. The second section deals with the post-1994 period and the manner in which land reform was introduced and the extent to which it has been implemented in Xhalanga. About Xhalanga and its people up to the beginning of the Gun War in 1880 Xhalanga was one of two districts that formed what became known as Emigrant Thembuland in the Transkei part of the then Cape colony. The other district was 1 Southeyville. The term “Emigrant Thembuland’ was used to describe the area of land that as allocated to four chiefs who left Glen Grey in 1865 (see map). Figure 1 Map of the Glen Grey area The people who moved from Glen Grey in 1865 were descendants of abaThembu who moved northwards in the 1830s as a result of the Tshaka-led Mfecanei in the 1820s and subsequent wars with amaBhaca and amaMpondo.ii Prior to this, abaThembu had occupied the piece of land between the Bashee and Umzimvubu Rivers.iii The Cape colonial government eventually settled abaThembu who moved northwards in the Glen Grey and Indwe districts. Colonialists dubbed this area `Tambokie Location’. This was in 1852. 2 A feature of the population of Xhalanga was its diversity. By 1872, it divided not only along social lines, between the `school’ and `red’ people, but also along clan lines, for example, amaGcina and amaMfengu. However, it is social division that became dominant and more prominent were division between the `school’ and `red’ people, irrespective of clan affiliation. In the terminology of colonial administrators, the “school” people were dubbed “civilized natives”. Here is what Magistrate Cumming said of these “natives in 1879: These men had grown up under the care of the late Mr Warner, and are pleasing examples of what the native may become under judicious training. … They were located on farms, and the right of occupation was secured to them so long as they remained in the country. … There is a vast difference between the condition of these native farmers, and that of the people who were left unreservedly under the control of the chiefs. Being virtually independent of the chiefs, and freed by their early training from the trammels which custom and tradition have imposed on other natives, they have advanced in wealth and material prosperity, and as regards their civilization, it admits of being represented as consisting in something more than the possession of a plough and a suit of European clothes … they are loyal in the true sense of the term; they are better clothed, better fed, and better housed, than any of the surrounding natives.iv Although Cumming’s pre-occupation was to draw a contrast between the few `civilized natives’ and the majority `red’ people, the above quotation draws attention to a class differentiation in Xhalanga. In this context, class is defined in terms of access to farms with some official recognition. The `school’ people, as Cumming pointed out, were granted farms, with “the right of occupation … secured to them so long as they remained in the country”, while the bulk of the `red’ people were not granted any farms. The class division coincided with the division between `school’ and `red’ people, with the class of landholders largely drawn from the school people. It is these `native farmers’, amongst others, that are central to Colin Bundy’s work titled The Rise and Fall of the Peasantry in South Africa (1979). Bundy was particularly commenting about the remarkable manner they adapted to new challenges presented by colonial market conditions and how they transformed themselves into progressive “peasants” who competed favourably with their counterparts: white farmers. Before the arrival of amaMfengu in Emigrant Thembuland in 1872, land was under the control of the chief and he was responsible for its allocation.v The inhabitants were allocated land without any formal survey of land. This system of allocating land started to change with the arrival of amaMfengu. Some amaMfengu were, with the approval of the British Agent, E. Warner, allocated small farms.vi Beacons were pointed out to them. In his testimony to the Thembuland Commission of 1883, chief Gecelo of Xhalanga pointed out 3 that he thought it wise to demarcate the boundaries of the land given to amaMfengu in order “to save quarrelling” between his people and amaMfengu.vii Gecelo claimed that magistrate Levey, who succeeded Warner as British Agent, and the then assistant magistrate Cumming were kept informed about these transactions.viii Gecelo was adamant that demarcating small farms did not mean that the landholders could sell it. According to him: “It was still my ground, and even the Magistrate said the ground belonged to me”.ix In Gecelo’s mind, the land would revert to him in the event an iMfengu were to vacate the land. In this regard, Gecelo was drawing from the principle of reversion which was the hallmark of the pre-colonial land tenure system. At issue, though, is who the land reverted to: the chief or the clan. Levey’s account to the same Commission was that when he assumed office in Thembuland in 1875, land had been granted “indiscriminately”. Consistent with his civilising mission, and his attempts to establish a class of African farmers, Levey expressed his dissatisfaction to Gecelo and pointed out that “natives” should get small farms “where they were thoroughly civilized men”. He recommended to Government that it was “very desirable to build up a class of civilized men who would leaven the rest of the tribe”. With the approval of the government, Levey visited the various farms that were demarcated. According to him, he found that some were unoccupied and unattended to. Consequently, he set up conditions and requirements to be met within a period of two years for the acquisition of the farms. These requirements were to “erect a house of the value of not less than 50 pounds, to plant a fruit garden and to make general improvements, such as making dams and other improvements in civilization”. Personal occupation was also required. After the two years had expired (this must have been around 1877), nine farmers in Xhalanga and five in Southeyville (Stokwe’s territory) met Levey’s requirements.x They each, according to Levey, obtained certificates “under authority of the Government”. Levey pointed to the Commissioners, however, that subsequently more farmers made worthy improvements, but were not granted certificates.xi It is interesting to note how Levey’s testimony dovetails with Cumming’s report of 1879 quoted above. It is clear from these two accounts that establishing a class of African farmers was high on their agenda. Both were also keen to draw a division amongst Africans, including divisions between chiefs and the landholders. By 1879, Cumming saw these landholders a being “virtually independent of the chiefs”, and loyal to their colonial masters. The Gun War and redefining the boundaries of Xhalanga: 1880 - 1884 The outbreak of the `Gun War’ in 1880-81 gave colonialists a justification to redefine the boundaries of the district of Xhalanga. It also marked the abolition of chieftainship in Emigrant Thembuland. Very briefly, when the Peace Preservation Act was implemented in 4 Basotoland in 1880, there was active rebellion against it. At its height, a magistrate by the name of Hope, and two other British officials were killed in Qumbu on 23 October 1880. Worth noting is that chiefs Gecelo in Xhalanga and Stokwe in Southeyville were involved in the war.xii In his reminiscences, Stanford has remarked that Gecelo “was a waverer” who, in the final analysis reluctantly participated in the war. On the other hand, Stokwe led his forces in the Lady Frere and Indwe areas. After various skirmishes,xiii chiefs Gecelo and Stokwe were defeated. Stokwe was severely wounded and killed in a skirmish with Colonel Wavell on 13 November 1880 at the valley of the river of Indwe. To this day, the story of Stokwe’s death and his grave are not fully known. With the death of Stokwe and the surrender of Gecelo, the war in Emigrant Thembuland came to an end. The `Gun War’ ended in early 1881 with a victory by the colonial forces. Soon after the Gun War, colonialists declared the part of Emigrant Thembuland that went to war a conquered territory. In its session of 1882, the Cape parliament discussed the Gun War and decided to refer to a select committee the question about the future of the conquered territory. The committee subsequently submitted a report in which it recommended, amongst others, that Gecelo be dispossessed of his portion of Xhalanga and that this portion be allotted to white farmers. The committee also sought the consent of the imperial government in the granting of individual titles, in the remaining portion of Xhalanga and Stokwe’s Southeyville. These titles would be granted to Africans, irrespective of tribal background (Theal 1919: 149). Lastly, the committee further recommended that a commission of inquiry be appointed to look into the matter. Parliament accepted the committee’s report, including the appointment of the commission of inquiry.