Native Life in South Africa Before and Since the European War and the Boer Rebellion

Chapter XXXIV of the "Free" State laws, to which reference is made

Chapter 101,357 wordsPublic domain

in Section 7 of the Natives' Land Act. Section 8 of the Natives' Land Act is a re-enactment of some of the reprehensible "Free" State land laws which had been repealed by the Crown Colony Government after the British occupation in 1900. When the Natives' Land Bill was before Parliament the Opposition moved that the remaining native farms be scheduled as a native area, where Natives might purchase farms, of course from other Natives. The passage of such an amendment was more than could be expected as the real object of the Natives' Land Bill was to block every possible means whereby a Native may acquire land from a Native, or from any one else; but when the motion was rejected the Natives of Thaba Ncho were exceedingly alarmed. They telegraphed their fears to Mr. Sauer, who promised to visit them when Parliament rose, but his purpose was frustrated by his death, immediately after the passage of the Act.

To return to Mr. Dower's meeting, the Native Affairs Secretary received a warm welcome from the Natives, who hoped that his coming would show them a way out of their dilemma. As already stated, a thousand Natives came from the surrounding farms, some on horseback, others on bicycles, and other conveyances such as carts, wagons, etc.; they included evicted wanderers and native tenants under notice to leave their farms, with letters of eviction and other evidence in their pockets; they included some refugees, who had likewise been evicted from other districts -- refugees who, as one of them put it, were "constantly on the move, and hurried hither to plead for shelter for our homeless families, now living in wagons."

The morning was showery. Thaba Ncho Hill in the background, always visible for scores of miles in every direction, towered high above the surrounding landscape. Its stony slopes covered with a light mist from peak to base, it stood like a silent witness to the outraged treaty between the Barolong and the Boers.

Mr. Dower, who was accompanied by his secretary (Mr. Apthorpe) and the Thaba Ncho Magistrate (Major Robertson) and the Location Superintendent, addressed the Natives for half an hour. The speeches were correctly interpreted by Mr. Jeremiah Makgothi, a native farmer, and formerly a local school teacher, who collaborated with Canon Crisp in the translation of the Scriptures into Serolong for the world-renowned S.P.C.K. The Rev. P. K. Motiyane, the local Wesleyan minister, also assisted in the task of interpretation.

Mr. Dower made some pathetic references to the life and work of the late Hon. J. W. Sauer, the great Cape politician who had just passed away; then he proceeded to refer at length to sundry inconsequential topics of minor local significance; and, having repeated his great pleasure at seeing them, without making a single reference to the momentous measure that was ravaging the Natives of the country, the Government Secretary resumed his seat amidst looks of astonishment and consternation from the assembled Natives.

The Rev. J. D. Goronyane, a gentleman who, as secretary to the late chiefs, played a leading part in the Boer-Barolong relations of the nineteenth century, was the next speaker. He thanked the Secretary for coming. No people, he said, regretted Mr. Sauer's death more than the Barolong; they had looked forward to meeting him in connexion with the new cloud now looming over the country in the shape of the Land Act, and they were sorry that his coming had been frustrated by a Higher Power. Turning to Mr. Dower, he said: "All the people you see before you are frightened by the new law. They have come here for nothing else but to hear how they are expected to live under it."

Other speakers followed, but when the actual sufferers began to narrate their experiences there were so many who wished to come forward that the leaders decided that, their cases being more or less similar, they should wait and hear how the representative of the Government would deal with the cases of those who had already spoken.

== MR. DOWER'S REPLY

He regretted that, as one speaker had said, some people read the Act through the spectacles coloured by their desires. Others seemed to be glad at the uncertainty and endeavoured to keep on turning the wheel of discontent. It was true that some people were imposing on the Natives, but, on the whole, there was a reasonable desire to comply with the Act, although it was not always properly understood. Few individuals had been evicted, though many had received notice. Some of the notices given under a misapprehension, and with a desire not to contravene the Act, had, since the Magistrates' explanations, actually been withdrawn. "So your best course is to explain the facts to your Magistrates, if possible, in the presence of the master." (A Voice: "Who'll bring him there?") After explaining that the principle of the Act was a first step towards territorial segregation, Mr. Dower said it gave protection to some parts of the country which formerly were not so protected. He mentioned as an instance that more than one-half of the farms formerly owned by Natives in that district were no longer in their possession. In other Provinces THE ACT WAS RESTRICTIVE, while IN THE FREE STATE IT WAS PROHIBITIVE. The old practice of "sowing on the halves" might continue so long as the lawfully executed contracts lasted; but at the expiration of those contracts the practice should cease, as Parliament had decided on its abolition. It amounted to a partnership between a white man and a black man. With a civilized Native the system might have been good, but a raw Native always got the worst of the partnership. He would advise them to make the best temporary arrangements within the four corners of the law. It might be by adopting one of three alternatives: (1) Become servants (in which case it would be legal for a master to give them pieces of land to plough and graze a number of stock); or (2) move into the reserve -- (voices: "Where is the reserve?"); or (3) dispose of the stock for cash. (Sensation.) The arrangement would only be temporary until Parliament took further steps in terms of the Commission's report. It would be better than trekking from pillar to post, till all the cattle had died out, and eventually returning penniless. Farmers always had the right to evict their native tenants. (A voice: "But we could go elsewhere.") Because some old laws which had been repealed had now been re-enacted, let them not think that there was a desire to oppress. "They may have been unjust, as you say, but understand that this law is not the last thing said by Parliament. A final settlement must depend on the recommendations of the Commission, and such action will be taken as will be to the lasting interests of white and black. The Lands Commission has already held its first sitting, and you will be serving your best interests by bringing all your information to the Magistrate, so that it be laid before the Commission. Show by your wise action that you are inspired by the justice of your case. The course of agitation will not help you. Remove suspicions and mistrust from your minds, and bring cases of real hardships to the Magistrate, who will see that this Act is administered as smoothly as possible. But THE ACT DOES NOT PROVIDE FOR ANY SPECIAL CASES IN THE FREE STATE being submitted to the Governor-General under the first section of the Act." ==

The concluding statement settled the minds of those who had expected from the Government any protection against the law, and the disappointment under which the meeting broke up was indescribable. This law is full of rude shocks, and this day this spokesman of the Government told the Natives that in the other three Provinces the Governor-General will only exercise his right in exceptional cases, while in the "Free" State the law did not permit him to exercise it even in such cases, so that the Government alone knows why that provision was inserted.