*-* :iv;. THE S.A. DEPARTMENT OF EXTERNAL AFFAIRS by ERIC ROSENTHAL Price Is. 9d. Net , I HE SOUiH AFRICAN INSTITUTE OF INTERNATIONAL AFFAIRS THE SOUTH AFRICAN INSTITUTE OF INTERNATIONAL AFFAIRS Blocmfomcin Cape Town Durban Johannesburg Pore Elizabeth The South African Institute ot International Aflairs is an unofficial and non-political body founded in 1934 to promote through study, discussion, lectures, and public addresses an understanding of international questions and problems. The Institute, as such, is precluded by the terms of" its Con- stitution, from expressing an opinion on any aspect ol inLern;iiional afhiirs. Any opinions expressed in this publication are not, therefore, those of the Institute. i'ust Published in 1949 For further information consult" The General Secretary, P.O. Box 9379, Johannesburg. Act No. 9 of 1944. 3* Section eight of the principal Act is hereby repealed and the following section substituted therefor: •Acquisi- 8. No law or condition in a/title deed which tion and prohTbTts the acquisition of lancTor an interest occupation in or occupation of land by Asiatics or/coloured of land by persons shall be construed to prohibit- diplomatic ta) the aGguisiiion, in the name of his Govern- agents and ment , of land or an interest in land by any their suites diplomatic agent, representative of a foreign and by re- Government or Career consular officer, or presenta- (b) the occupation of land by any diplomatic tives of agent ornTs suite, or by any representative foreign of a foreign Government or career consular Governments, officer, or the family, staff or alien ser- career con- vants of such representative or /consular sular officers officer: and their families, Provided such acquisition or occupation is for th staffs and purposes of the officer or residence of such di- servants plomatic agent or his suite, or of such repre- sentative of a foreign Government or of such career consular officer within his consular dis- trict, or the family, staff or alien servants of such representative or of such consular officer within his consular district". Amendment • of Section nine of the principal Act is hereby amended by section 9 of Act the deletion of the word "or" at the end of paragraph 9 of 1932. (c) and by the insertion after paragraph (d) of the following paragraphs: *(e) the representative of a foreign Government or career consular1 officer, (f) a member of the family or the staff of any such representative or consular officer, or (g) the alien servant of any such representative or consular officer". Amendment of 5. Section eleven of the principal Act is hereby amended- section 11 of Act (a) by the insertion after the definition of "suite" 9 of 1932. of the following definition: "'career consular officer1 means any career consular officer received as such by the Government of the Union", and (b) by the addition of the following definitions at the end thereof: ""representative of a foreign Government1 means any representative in the Union of a foreign Govern- ment other than a diplomatic agent or consular officer, 1 foreign overnraeiitu includes the Government of Indii Amendment of 6. Section eight of the Transvaal Asiatic Land Tenure Act section 8 of Act 1932, is hereby amehded- 35 of 1932m.as (a) by the deletion, in sub-section (l), of para- amended by section 10 graphs (a) and vb), of Act 30 of 193S. (b) by the deletion* of sub-sections (3),(4) and (5) and (c) by the deletion in sub-section (7) of the words •the consent mentioned in sub-section (3) or" Short title 7. This Act shall be called the Diplomatic Immunities and Asiatic Land Tenure Amendment Act, 1944. %/ ••/fs" I6] I /?3^' 7> Act No. 19 • t. ''' (Date of coimencement-5th April, 1934 of 1934% ' *•>< >^ -*\: " :*?*'/•'*:--,. '-' ' " ..V-. ••-" '- ' • *H\ ACT To aameiid the Diplomatic Imnunities Act, 1932. (Assented to 28th March, 1934) (Signed by the Governor-General in Afrikaans) BE IT ENACTED bv the King's Most Excellent Majesty, the Senate and the eouse'-of Assembly of the Union of South Africa, as follows:-' Amendment of !• Section e 1 e. v e n of the Diplomatic Immunities Act, 1932 Section 11 of is hereby amended as follows*- Act No.' 9 of (a) by substituting the word "counsellors" for the word 1932 • "councillors11: .and; inserting the word "chancellors" between the%ords<"attach6s" and"archivists" ; ' appearinglirilthe^definition'of the expression diplomatic staff" in the English text by insert- ing the,word5lkanseliers" between the words "attaches"-and."argivarisse" and substituting the word•'"rade"<forv^he word "kanseliers* now appear- ing ;in.the<< Afrikaans-text of the definition of the ' expression, "diplomatielce staf". (b) by deleting!the'definition of the expression "diplo- matic agent" and substituting'therefor the following new definition:""diplomatim c agent" means the public representative of any*Qtfepr sovereign or state ". duly accreditedlas.such to the Union and whorls the ^ . chiefror^in charge of the legation or mission of such ., v'sovereign:or state,in the Union or any member of his - T . -. diplomatic staff; acting, during his absence, in his ; > , :v Shor~t title. ."-• 2, .Thisteads Ac. t; , may be. cite" d ',a s theK Diplomati- •-• ••c .•>*'*%•Immunitie •• s Ac't •*''.*••'' :; Amendment Act, 1934. >. 45 Of* sfc .v is*,-. • •,^P-.^..' - •' ' ••'•':•. ,'-.\x'r .•^''/••; ,;. .?'•••-' -1 ••:"•'" v '. : ^^AxuQndbient of:^ * = *i^ '^A ;^* 16»M% Ssction;Bliven ?of ;tl^,Diplomatic Immunities ^section 7-*ofyAct*9 of;; ^ vAct^^l932^is^hefeby; amended"by the.deletion " ^19.32: ^ : ~.*.*-.•.^••^••^:'=-- '- %,v;,^ .of^the .^rdsV^levied^ln:TespectvOf^water> , ligjity •' ^^-mi^^ -- h£-v •$.?:• -S^| ', •^sam^a37 #r3similar,iservices'rendered direc tv \y • 4.-v ^ -vi - t0 ^such-person^qr jto/praiiiiBes occupied by him purposes|ofithe :general revenue ".r.V-.'i HE Editorial Committee of the South. Africa and the World T series of pamphlets presents Mr. Eric Rosenthal's account of the history and present structure of the Department of External Affairs of the Union Government as an important first contribu- tion to the study of this aspect of our international relations. Some readers may think that Mr. Rosenthal pays too much attention to the past; others, that he should have said more about the present. It seems clear to the committee, however, that most Union citizens have very little idea of the work or objects of the Department, and it was considered desirable that a short, balanced version of what has happened and what is happening should be published. Renan defined a nation as follows:— "A nation is a spiritual principle, made by two things—the one in the present, the other in the past; the one the possession in common of a rich bequest of memories: the other a present sense of agreement, a desire to live together, a will to continue to make effective the heritage received as an undivided unity." South Africa in its virile young nationhood has much to do in the tasks of making its heritage effective, and not the least among these is the building up of a strong body of diplomats. Mr. Rosenthal has wisely refrained from critical comment although many points arise, but the Editorial Committee hopes that with Mr. Rosenthal's introduction the subject may become the theme of many debates, in Parliament and in private. W. J. BUSSCHAU, Chairman, Editorial Committee. Johannesburg, 30th July, 1949. LTHOUGH 22 years have passed since the Union of South A Africa established its Department of External Affairs, no printed work on it has so far appeared. The subject has remained virgin ground save for incidental references in books on other subjects and a few typed memoranda. My own task in preparing this survey, has involved working "from the foundations", and it is not claimed that every aspect has been covered. Particular thanks are due to Mr. D. D. Forsyth, Secretary for External Affairs, and to members of the staff of his Department, for the assistance they have provided from their office records, as also to Mr, Paul Ribbink, Librarian of Parliament, and to Mr. D. H. Varley, Librarian of the South African Public Library, Cape Town. ERIC ROSENTHAL. Cape Town. CONTENTS Beginnings of South African Diplomacy ... ... ... 3 Colonial Status and Foreign Affairs ... ... - 8 Founding of Department of External Arfairs ... ... 11 South African Representation in London ... ... ... 19 World Diplomacy in which South Africa plays her Part ... 22 S.A. Department of External Affair^ at Work 29 Establishment, at Home and Abroad ... inside back cover THE WRITER South African journalist, biographer and broadcaster. Audio) of "Stars and Strifes in Africa", "Qeneral de Wet", "Qeneral Dan Pienaai", "Fall of Italian East Africa", "Qold, Bricks and Mortar", "African Switzerland", etc. Beginnings of South African Diplomacy HE Union of South Africa enjoys the distinction of having T the most varied diplomatic history'and probably the most ela- borate diplomatic apparatus to be found amongst the members of the British Commonwealth of Nations. This is due, partly to the geographical situation of the country and partly to the circumstances of its development. Comparing the Union with Australia and New Zealand on the one hand, and with Canada and India on the other, it is worth noting that the external relations of the first two are in a very early stage of development while those of the latter already show considerable achievements. Perhaps this is the result of the essentially peaceful history of Australia and New Zealand and of the fact that their populations are, in the main, of homogeneous origin. Canada which resembles South Africa in having two major racial groups, has also been involved in a series of wars as battleground and participant, while India—for so long in the melting pot as far as its constitution was concerned—was forced to devote a surprising amount of attention to its external relations by the varied grouping of its inhabitants, frequent unrest on both sides of its borders, and the presence of powerful neighbours.