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        JOHANNESBURG JOINT COUNCIL
OF
EUROPEANS

AN

~ A TIVES.

FORCED LABOUR
"ICA

Ty

MEMORANDUM No. 6
. hn L.
NY Pina 78. A. ” L
ro LL wee
SRS Ba whnh
ned 7
CONTENTS :
Fage 1
FORCED L..LIUT. IN AFRICA
Reprinted from The Suh African Outlook
Fuge 3
THE VIEWS OF THE JOHANNESBURG JOINT
COUNCIL.

A

293584
        <pb n="2" />
        <pb n="3" />
        vinlT-
Bag 504 wine 28 1.54

Forced Labour in Africa,

F* several years now the question of forced labour

has been prominently before the governments of
the world. In 1925 and 1926 when the Assembly of the
League of Nations adopted the Convention on Slavery,
an article was inserted therein condemning in general
terms recourse to forced labour, and in 1926 the League
adopted a Resolution inviting the International Labour
Office to investigate the subject.

From that date till now the Labour Office has given the
matter unremitting attention, calling for reports from
governments, consulting administrators and experts
with local knowledge (Mr. Taberer represented South
Africa on the Experts Committee) and publishing for
general information in orderly form the mass of facts and
opinions that were thus obtained.

There was a discussion on the subject at last year's
International Labour Conference and it has been put
down as Item I. on the Agenda for this year’s (1930)
Conference.

THE COMPLEXITY OF THE SUBJECT.
Anyone who takes the trouble to read through the
evidence accumulated by the Labour Office will be struck
by the wide extension of the practice and the variety of
the methods employed to compel the *“ Natives &gt; of Africa
and other countries, but especially of Africa, to labour.
Labourers may be compelled to work for public purposes
or for private employers. The compulsion may be applied
directly by officials or subsidized chiefs or indirectly by
such means as taxation, vagrancy or pass-laws, depriva-
tion or restriction of lands.
        <pb n="4" />
        WHAT IS “FORCED” OR *‘‘COMPUL-
SORY” LABOUR?

The South African Government, discussing the Draft
Slavery Convention, defined compulsory labour, apart
from slavery, as the state of affairs that exists when * the
person doing the labour unwillingly does so because he
fears that a worse thing may befall him.”

In the Questionnaire addressed to the various govern-
ments last year forced labour is defined as “all work or
service which is exacted from any person under the menace
of any penalty for its non-performance and for which
the worker does not offer himself voluntarily.”
FORCED LABOUR FOR PRIVATE EMPLOYERS.
The Temporary Slavery Commission of the League of
Nations in concluding its labours in 1925 submitted to
the Council of the League certain “ suggestions ” with
reference to compulsory labour. One of these reads:
“ The Commission considers that forms of direct or
indirect compulsion the primary object of which is to
force Natives into private employment are abuses.”
THE “RIGHT” OF PRIVATE PERSONS TO
BE SUPPLIED WITH LABOUR.

The principles of British policy were laid down by
[Lord Lugard in his report on the amalgamation of North-
ern and Southern Nigeria, in which he stated that the
Government would not apply coercion in any form in
order to provide labour for private undertakings.
“ Employers must, therefore,” he continued, * make the
conditions of service sufficiently attractive to secure the
labourers they need . . . Labour will be secured only by
kind and fair treatment, decent hutments, the entire
absence of blows and ill-usage. ....”

Mr. Ormsby-Gore, Under-Secretary for the Colo-
nies, during 1925 made a special pronouncement on the
subject with regard to Kenya: ‘No new settler,” he
is reported to have said, “ must go to Kenya under the
impression that he has a right to labour. He will get his
labour if he goes the right way about it. It is one of the
hazards of the undertaking.”
        <pb n="5" />
        THE POSITION OF SOUTH AFRICA.
“A list submitted by the Secretary-General to the
members of the Council of the League of Nations on 30th
August 1928 shewed that at that date twenty-four States
had ratified or definitively acceded to the Slavery Conven-~
tion.” One of these States was the Union of South
Africa.
In returning the Draft Convention to the Secretary-
General the South African Government had remarked
that its provisions *“ would not affect any existing condi-
tions or customs obtaining in South Africa.”

This on the face of it is a very fortunate position for this
country to be in, and would seem to justify the claim made
by General Smuts at Oxford that for the solution of Cen-
tral African Native problems the experience of South
Africa should be called in. “ For a century and more
South Africa has laboured and suffered over the very
problems which are beginning to agitate the young com-
munities in the North. This experience should be help-
ful beyond the Union.” A little reflection however
tends to modify the optimism of such a conclusion.
With the exception of the indentured Indian labour
which was brought to Natal to work the sugar estates and
the Chinese employed for a short period at the gold
mines, all, or practically all, the unskilled labour of South
Africa on railways, roads, mines, farms, at the harbours
and in the towns is being done by the Natives and has all
along been done by them. Indeed, though General
Smuts was obviously thinking only of the White people
when he spoke of South Africa having laboured and
suffered, the South African Natives might quite well
claim that the labour had been all on their part and a large
share of the suffering too, and that it is their experience
that would be most instructive as a guide to Central
African policy. No one who knows anything of the con-
ditions under which for many years Native labourers
worked in the gold mines and the coal mines and what the
death-rate was among those unfortunate men will have
any doubt about the suffering.
        <pb n="6" />
        IS THERE COMPULSORY LABOUR IN SOUTH
AFRICA AT THE PRESENT TIME ?

In the Labour Office Report the following principle is
suggested to cover a variety of forms of “legal indirect
compulsion.”

* Taxation, vagrancy or ‘ pass ’ laws, the deprivation of
lands, the restriction of lands cultivation or cattle-owning,
and other measures, when adopted with the intention of
forcing workers into employment, are methods of insti-
tuting forced labour for private employers, and should be
condemned equally with the direct form of compulsion
for this purpose.”

The saving clause “ when adopted with the intention of
forcing workers into employment &gt;’ may be found to cover
all existing agencies in South Africa even though they are
of the nature specified in the above paragraph and are
actually having the effect of compelling labour. What
are these agencies ?
INDIRECT COMPULSION BY DEPRIVATION
AND RESTRICTION OF LAND.
In the Union of South Africa roughly speaking a mil-
lion and a half Europeans own 87 per cent of the land,
while five million Natives own the balance. Efforts on
the part of the Natives to rectify this disparity are in great
measure defeated by the operation of the 1913 Natives
Land Act which makes it illegal, with certain limited
exceptions, for Whites or Blacks to purchase or even to
hire land in each other’s areas. This limitation, as the
population increases, compels men to leave the more
congested areas of the reserves for work, and prohibits
many of those who have already left from returning.
These men form a proletariat, obliged to accept what
wages and conditions they can get on the mines, on the
farms or in the towns.

It is too late now to go into the question of the justice
or the reverse of the numerous Kafir wars which make
up so large a part of South African history. It is suffi-
cient to say, in the present connection. that the net result
        <pb n="7" />
        of those wars is the present distribution of land between
the races, and that this, combined with the legal restric-
tion on land purchase, constitutes a continuous and ever-
increasing compulsion upon Natives to labour for the
benefit of White emplovers.
INDIRECT COMPULSION BY INTERFERENCE
WITH THE NATIVES OWNING OR SELLING
CATTLE.
“ As to cattle-owning,” the Labour Office Report states
“there is a demand for restriction of the numbers held
by individual Natives in South-West Africa, and the
demand is supported by arguments tending to shew that
such restriction would relieve the shortage in the labour
market.”

This suggests that another kind of restriction in the
Union is having a similar effect. Mr. Payn, Member for
Tembuland, speaking in the House of Assembly on the
29th January “said that in the Transkei they had more
than half the cattle of the Cape Province, yet in view of
repressive legislation which had been introduced their
cattle were valueless unless dead, when the hide could
be sold. They had not had a case of East Coast fever
for twelve years, and still they were not permitted to
export. .. . If the Native was called upon to pay a
heavy tax then he should be allowed to dispose of his
products.”
INDIRECT COMPULSION BY TAXATION.

So impartial and influential a body as the Associated
Chambers of Commerce last year passed the following
resolution ““ (a) That the Native is sufficiently taxed
through the Customs tariff ; (b) that the poll tax is out of
proportion to the income tax levied on Europeans ; and
(c) that the collection of the tax is expensive, irksome and
unjust, causing inconvenience and annoyance to the
Native who has paid the tax and to employers generally.”

As Mr. Mowbray of Kimberley remarked in moving
the resolution: ‘There are Natives in some instances
getting as low a wage as £12, £15 or £18 a year, and being
        <pb n="8" />
        called upon to pay out of that to inland revenue, while a
European did not pay any personal tax until he was
earning £300 and, if married, £400. The Native was
also taxed far more heavily indirectly through Customs
duties.”

Whatever the motives may have been for the imposi-
tion of heavier taxation upon Natives than upon Euro-
peans, the effect is to drive the Natives to earn more money
by working for Europeans. The poll tax in certain
circumstances is in effect a labour tax.

CONVICT LABOUR FOR PRIVATE PERSONS.
On 10th Dec., 1929, Ons Vaderland announced (Reuter,
Pretoria) that before the end of the year convict labour
would be made available for farmers. It was estimated
that about 3,000 convicts would be dispatched in order to
perform ordinary farm work.

On 9th January, 1930, Reuter Pretoria reported “ In an
official statement to-day dealing with the employment
of prisoners for farm labour, the Director of Prisons
states that farmers requiring prison labour must take
gangs of not less than 25 for a period of three months.
The price of this labour is 1s. 6d. per unit per day. If,
however, the employer is willing to supply food and
accommodation the cost is reduced to one shilling per
unit per day. . . .. In the event of farmers being unable to
employ 25 prisoners, arrangements can be made in
one area for central accommodation for a gang of 25,
which may be divided up between a number of farms,
provided that they are within reasonable distance of the
accommodation provided.”

It is obvious that the men whom it is proposed to dis-
tribute in this casual fashion among the farmers are not
criminals in the ordinary sense of the term. For what
offences are these men in prison ?

LABOURERS BECOME CONVICTS THROUGH
A TRICK OF THEIR EMPLOYERS.

At a public meeting in East London on 26th Sep-

tember last Mr. Ballinger, European adviser to the South
        <pb n="9" />
        African I.C.U., “ gave an instance of what he described
as the exploitation of forced labour in the Union. It
was well known, he said, that many diggers were at the
mercy of the diamond buyers and could not afford to pay
their Natives wages. They therefore deliberately forgot
to enter into a wage contract or otherwise did not fill in
their Natives’ passes correctly. The result was that these
Natives were arrested and, on being unable to pay a 15s.
fine, were sent to a labour colony. Their services could
then be obtained by a combination at 1s. 6d. per head per
day without a warder, or 1s. 9d. per head with a warder.”
TWO MONTHS HARD LABOUR FOR FAILURE
TO PAY POLL TAX.

The daily papers frequently contain accounts of Na-
tives being charged with failure to pay the poll tax or
failure to produce the receipt therefor when challenged
by the police. The following from the East London
Dispatch is an example ; “ That Natives who have paid
their poll tax must carry their receipts with them and
produce them to the police on demand, being guilty of
an offence should they fail to do so, was made plain in the
R. M. Court yesterday, when in more than one case it was
found that the accused had actually paid but had left their
receipts in their homes. Some of these were lucky
enough to get off, the alternative charge of failing to pro-
duce not having been included in the indictment; but
future offenders are not likely to find this loophole left
them. .. . There was a large batch of charges of failing to
pay the tax, the sentence in each case being an order to
pay forthwith with the alternative of two months hard
labour.”
INCREASING THE NATIVE CONVICT
POPULATION.
There are no doubt men who omit to pay the poll tax
from reasons that cannot be defended. On the other
hand there are certainly others who do not pay for the
simple reason that they have not got the money. They
have come to town for the double purpose of assisting
        <pb n="10" />
        their families and paying their tax. The Medical Officer
of Health of East London in his last Annual Report speaks
of the large number of unmarried Native males who enter
the area looking for work.” Such men, failing at first in
their search for work, are yet not criminals. Still less are
those who have paid their tax and left the receipt at home.

The effect of both the Native Labour Regulation Act
(1911) and the Masters and Servants Acts is “ to import
penal consequences into what in common law is a purely
civil contract.” (Economic Commission’s Report, p. 39.)
Breach of contract is made a penal offence.

Breach of the Pass Law is another offence for which
many Natives are imprisoned.

Methods such as these of increasing the Native convict
population are open to criticism as being in themselves
oppressive. Now, however, that the Government is
advertising its readiness to supply convict labour to
farmers who cannot themselves attract voluntary labour,
the matter assumes a still more sinister aspect. It is
forced labour in a peculiarly disgraceful form.

The latest returns, (year 1928-29) show that in the twelve
months 43,937 Natives were brought before the Courts
for breaches of the Pass Laws, 59,912, for failure to pay
tax, 24,660 under the Masters and Servants Acts, and
18,731 under the Native Labour Regulations.
THE NATIVE VIEW.
The view of moderate Natives on this subject was well
expressed by Mr. Selope Thema (Reuter, Bloemfontein,
Dec. 6, 1929) “The European had the right to be in
South Africa, and had rendered the country signal service
in bringing the blessings of civilization, but what the
Natives objected to was that the Europeans exploited the
Natives and the wealth of the country, while the Native
was doomed to everlasting servility. . . While the Natives
were landless, vast tracts of the country were lying waste
and uncultivated. The farmers, said the speaker in
referring to the labour question, ran to the Government
for everything. When there was a drought they . . .
invoked the assistance of the Government. . . . When
        <pb n="11" />
        there was a shortage of Native labour, the Government
must legislate to force the Natives to the farms whether
the farmers were prepared to pay wages or not.”
SHORTAGE OF LABOUR ON MINES AND
FARMS : A COMMITTEE APPOINTED.

On 18th December last Reuter Pretoria reported that
an inter-departmental committee had been appointed,
representative of the Native Affairs, Mines, Railways and
Agricultural Departments to investigate European and
Native labour resources in South Africa and in a later
report stated that *“ The principal matter for investigation
will be the Native labour resources of the country, and
how far a redistribution can take place so as to make up
the shortage of about 10,000 Natives on the Rand mines,
as well as the shortage on the farms.”

The position which it was desired to rectify was that
there was a shortage of Native labour on certain farms and
at the gold mines and at the same time a surplus of Native
labour in the towns. It is evident that, notwithstanding
the high cost of living and relatively low wages obtain-
able in the towns, a large number of Natives prefer to
take their chances in the towns to going to the gold mines
or up-country farms. What can be the reasons for this
preference ?
THE REASON WHY NATIVE LABOURERS
PREFER TOWN WORK TO THE GOLD MINES
Many—in some parts at least of the country the great
majority—of the Native labourers who flock to the towns
have already worked in the gold mines. They are not
returning to the mines because they know that prolonged
work in the gold mines is ruinous to health. They fear
miner’s phthisis and consumption. This is an entirely
reasonable anxiety, as reference to the Miner's Phthisis
Commission’s reports will show.

This explanation of the men’s preference for the towns
is borne out by the Medical Officer of Health of East
London who says (last Annual Report p. 14) © Twenty-
eight per cent of the year’s notifications of Tuberculosis
        <pb n="12" />
        were recent arrivals. What further percentage should
strictly be reckoned as importees it is impossible to say,
but a review of the subject suggests a large proportion.”
A labourer who during his last period of service at the
gold mines has had some slight but suggestive symptom
—pain or cough—will not go back to Johannesburg. He
will make for the nearest large town to seek work.

In many respects, food etc., the conditions of work at the
gold mines are now good, but the wages are still practi-
cally what they were before the war. (Native Grieo-
ances Inquiry 1914, p. 36, and Economic Commission's
Report 1925, p. 351.) The employers’ agreement limit-
ing the maximum daily average wage to 2s. 3d. is not
very encouraging to the labourers, considering the grave
risks to health of the work in what the Miner's Phthisis
Medical Bureau calls “ notoriously the most harmful
underground occupation.” (Report 1924, p. 30).

REASONS WHY NATIVE LABOURERS FEAR
EMPLOYMENT IN REMOTE PLACES WITH
UNKNOWN MASTERS.

A Memorandum recently published by the Pretoria
Joint Council on The Administration of Fustice in South
Africa, with special reference to the Natwe population,
contains the following illustrative cases.

* A European, charged with culpable homicide against
his Native servant, admitted that he had hit the servant
with a pick handle and killed him. He was found not
guilty by the jury and discharged. (Transvaal Criminal
Record, No. 383 of 19 5).”

* A Native charged with the murder of his European
master . . . was found guilty and sentenced to death.
. +. . In his report on the case the judge said, inter alia.
“I do not feel that the magistrate’s finding that the con-
demned prisoner was not assaulted by any member of the
police force at . . . . is correct. . . . I think that the ques-
tion of carrying out the death sentence should be dealt with
on the assumption that the accused was illegally thrashed
by the police in order to induce him to return to the service
of an employer whom for some reasons he greatly disliked,

I
        <pb n="13" />
        and that resentment at having been thus forced into the
deceased’s service and some feeling of desperation as to
his prospects of ever getting away from deceased’s
service afforded the motive for the commission of this
crime. . . . Had I had before me at the trial all the informa-
tion which is now available I should have added to my
verdict a recommendation to mercy.” (Transvaal Crimi-
nal Records, No. 8 of 196).
“ The Native was duly hanged.”
THE FARMERS’ PROPOSALS.
The Transvaal Agricultural Union sent the inter-
departmental committee a copy of the evidence which a
deputation from that body laid before the Native Affairs
Commission on Nov. 11.

This deputation urged “the complete segregation of
the Natives from the towns and the gradual repatriation
of all male Natives, except such as are housed under the
compound system.”

“The deputation asked for a board representative of
the mining and agricultural industries to be appointed to
regulate the number of Natives admitted to work in urban
areas. The board should have the power to restrict
gradually the number of Natives entering urban areas in
search of work and to divert them into other directions.”

The idea apparently is to reproduce at the towns the
system that exists at the mines and to replace the pre-
sent Native villages (locations) by compounds for single
men or at least men without their families. This would
mean that the families evacuated from their present
houses in the locations would have to find homes some-
where else, and, as there is not room for them in the more
congested reserves, they would be forced to apply for per-
mission to live on farms, where the men would be obliged
to give three month’s labour in each year to the farmers
without pay before they left for the town compounds to
work for a wage, leaving their families on the farms for
the rest of the year.

The disastrous effects on Native social life that such
a system entails are obvious.
        <pb n="14" />
        FORCED LABOUR FOR PRIVATE EMPLOYERS.

The Labour Office Report (p. 286) states, “ almost all
legislation on the subject of forced labour forbids recourse
to it for the benefit of private individuals. The only
direct legal compulsion of this kind appears to be in the
Dutch East Indies, where it is a survival of a feudal in-
stitution. . . . the Government’s policy in this case is to
buy out the rights of the feudal lords, and considerable
progress, at great expense has been made.”

The Report further states (p. 290) “ Taxation as a
means of forcing workers to seek employment. There have
been cases where the taxation imposed upon Native
populations has been devised with the express intention
of forcing them into private employment in order that they
might earn the money necessary to pay their taxes, and
measures of this kind have been frequently advocated by
interested parties.

“Tt need hardly be said that taxation designed for this
purpose is an alternative to the direct enactment of forced
labour for private employers.”
THE NATIVE SERVICE CONTRACT
REGISTRATION BILL.
The Minister of Justice has prepared a Bill with the
above title under which with certain limited exceptions,
any Native male domiciled in the Transvaal or Natal
outside any location who is or appears to be above the
age of 18 and under the age of 60 will be liable to a special
tax of £5 unless he can prove that in the year in question
He has worked for at least three months under a contract
of service or as an artizan. This is in addition to the poll
tax and, as in the case of the poll-tax, non-payment is
an offence rendering the defaulting Native liable to im-
prisonment and that without cancellation of his liability
to pay the tax.
THE BILL EMBRACES ALL THE SUGGES-
TIONS OF THE FARMERS.
The Minister of Justice, in an interview with Ons
Vaderland stated that the new Bill * embraced all the
        <pb n="15" />
        wont
Boag 504 wistme 28 1. 57
suggestions that had so far been received from the Platte-
land and that any further suggestions that were put for-
ward would receive the same sympathetic attention if
they appeared to be of real practical help for the solution
of the Native labour question.’
IS THE PROPOSED LABOUR TAX A BREACH
OF THE SLAVERY CONVENTION ?
Article 5 of the Slavery Convention is the one dealing
with compulsory labour. It reads as follows:

“ The High Contracting Parties recognize that recourse
to compulsory or forced labour may have grave conse-
quences and undertake, each in respect of the territories
placed under its sovereignty, jurisdiction, protection,
suzerainty or tutelage, to take all necessary measures to
prevent compulsory or forced labour from developing
into conditions analogous to slavery.

It is agreed that :

(1) Subject to the transitional provisions laid down in
paragraph (2) below, compulsory or forced labour may
only be exacted for public purposes.

(2) In territories in which compulsory or forced labour
for other than public purposes still survives, the High
Contracting Parties shall endeavour progressively and as
soon as possible to put an end to the practice.
So long as such forced or compulsory labour exists,
this labour shall invariably be of an exceptional character,
shall always receive adequate remuneration, and shall not
involve the removal of the labourers from their usual
place of residence.

(3) In all cases the responsibility for any recourse to
compulsory or forced labour shall rest with the compe-
tent central authorities of the territory concerned.”

The Article is somewhat vaguely expressed but two
points are clear, first that where compulsory labour
for private profit already exists it must be put an end to,
and, second, that where it does not exist it must not be
begun. Is the Minister of Justice forgetting that South
Africa has ratified the Slavery Convention ?

3
        <pb n="16" />
        <pb n="17" />
        THE VIEWS Of THE
JOHANNESEURG JOINT COUNCIL OF
EUROPEANS AND NATIVES ON ¢ FORCED
LABOUR.”
To the Editor, The South African Outlook.
Sir,—The article “ Forced Labour in Africa,” which
appeared in the April number of the Outlook, was of
great interest to the Johannesburg Joint Council of Euro-
peans and Natives, especially as the Council itself has
been engaged in a study of the Report of the International
Labour Conference on Forced Labour, and the applica-
tion to conditions in South Africa of the principles
enunciated in that Report. The very able survey of this
subject embodied in the article referred to is highly
appreciated, and the conclusions reached are very similar
to those arrived at by this Council.

The trend of legislation in the Union renders the whole
question of Forced Labour a matter of the greatest im-
portance. This is especially true of indirect compulsion.
In view of the principles laid down in the Report of the
International Labour Conference for 1929 the Joint
Council desires to call attention to the following addi-
tional points.

A. Direct Compulsion.
The practical effects of the South West Africa Vagrancy
Proclamation of 1920 should be examined in view
of its distinct likeness to early 19th century Cape enact-
ments.

In this regard the Report states (p. 65) that there is no
system of forced labour for public works, porterage,
emergencies or compulsory cultivation ; but

“ Proclamation 25 of 1920 provides, in Section
14, that upon a first conviction of wvagrancy or of
being an idle or disorderly person, the court shall
sentence the prisoner to a term of service on the
public works of the territory or to employment under
a municipality or a private person, and shall fix a
reasonable wage therefor. If no such service or
        <pb n="18" />
        employment can be obtained for the prisoner, the
court may impose the ordinary penalties provided
by the law.”
On pages 195-6 the Report deals at greater length with
this section of the Vagrancy Proclamation. Obviously
it is advisable to clear up the position arising under this
Proclamation.

B. Indirect Compulsion.

The provisions of the Prime Minister’s Land Bill in
regard to licenses for squatters and of Mr. Pirow’s Native
Service Contract Registrations Bill, together with the Pass
Laws of the Union and the question of the supply of Con-
vict Labour to Private Employers, should be compared
with the principles suggested in the Questionnaire adopted
by the Conference (p. 67), as follows :
“Do you consider that the International Labour
Conference should adopt a Recommendation depre-
cating resort to indirect means of artificially increas-
ing the economic pressure upon populations to seek
wage-earning employment, particularly by
(a) imposing taxation on populations on a scale

dictated by the intention of compelling them to

work for the benefit of private enterprises :
(b) rendering difficult the gaining of a living in
complete independence by workers by unjustified
restrictions as to the possession, occupation, or
use of land :
(¢) extending abusively the generally accepted mean-
ing of vagrancy ;

(d) adopting pass laws which would result in
giving the workers in the service of others a position
of advantage as compared with that of other
workers ? &gt;’
Under Section 12 (1) of Mr. Pirow’s Native Service
Contract Registrations Bill any Native domiciled in the
Transvaal or Natal, and being between the ages of eigh-
teen and sixty, is liable, in addition to all other taxes. to a

| fA
        <pb n="19" />
        fie of five pounds in respect of any calendar year in which
he has not rendered any service:under a contract of service,
or worked as an artisan, for not less than three months.
Chiefs, headmen, ministers of religion and teachers, are
excepted, also physical and mental defectives, and those
who have three sons working. The Native has to prove
that he is not liable. Non-payment of the tax if due is
deemed to be an offence, and renders the defaulting
Native liable to imprisonment without cancellation of his
liability to pay.

It should further be noted that under the Colour Bar
Act almost any field of labour can be shut out from the
Native labourer. It is therefore evident that the inten-
tion of the Bill is to curtail the field of employment for
Natives and to compel them to enter and remain in the
service of European employers. This is made still more
clear by the fact that Ministers have declared their inten-
tion to bring the Colour Bar Act into operation and to
specify certain kinds of work which Natives shall be
forbidden to perform.

The Bill as it stands affects numbers of Native students
at Training Institutions, and such classes as Native lawyers
and doctors are not exempt from its provisions; but
although published it has not been gazetted, and possibly
it will not be heard of again.

Pass Laws.

The legal position with respect to the Pass Laws of the
Union is that their application can be modified or with-
drawn by the Department of Native Afiairs without
reference to Parliament (cf. Native Administration Act,
No. 38 of 1927, Sections 28 (1), 36). Furthermore, the
Department favours simplification to the extent that
public opinion will allow. Representations in this
direction to the Government are therefore of little use,
and public opinion has to be educated.

There is little room for doubt that the Pass Laws are
capable of being used as a means of indirect compulsion
to labour. Attention is called to the findings of the Cape
Town European-Bantu Conference of 1920 (see Report,

i “7
        <pb n="20" />
        pp. 49-50) as a considered opinion of a widely represents
ative gathering of leaders of both races.
Supply of Native Convict Labour to Private Employers,
The recent undertaking that Native convict labour
should be made available for farms in the Bethal District
is not without precedent. Not only are gangs of such
labourers used on Government work such as road-making
(e.g. on the Pretoria-Johannesburg road) but they are
also employed on certain mines on the Witwatersrand,
by the De Beers Company in Kimberley, and are avail-
able for hire by private employers for garden work, etc.

Under the arrangements with the De Beers Company
the working convicts are accommodated at night in
suitable barracks, are under adequate supervision, and
receive the necessary medical attention. It is doubtful
if such conditions can be obtained on farms. The
gangs will be small, and if proper accommodation is
stipulated for, the Government will have to provide it,
together with food and other supplies. The class of
warder available will probably be of a less reliable type,
and constant supervision will be necessary to prevent
abuses. In fact, it seems probable that in the case of small
detachments in isolated districts even serious abuses
might continue for a long period without being discovered.

The Joint Council takes a serious view of the sugges-
tion to make more general the use of this type of labous,
and holds strongly the opinion that it should not be made
available for use by private employers. Furthermore,
the low rate which is paid for convict labour, in contrast
with rates paid to ordinary employees, renders such
labour undesirable from an economic point of view.

With these additions the Johannesburg Joint Council
desires to endorse the views expressed in the article
referred fo at the beginning of this letter.

Yours faithfully,
E. W. GRANT,
Hon. Secretary,
Johannesburg Joint Council of
Europeans and Natives.

28
        <pb n="21" />
        <pb n="22" />
        <pb n="23" />
        5
:
§
s
§
3

ES
x
A

1
4

03
mo

and that resentment at having been thus forced into the
deceased’s service and some feeling of desperation as to
his prospects of ever getting away from deceased’s
service afforded the motive for the commission of this
crime. . . . Had I had before me at the trial all the informa-
tion which is now available I should have added to my
verdict a recommendation to mercy.’ (Transvaal Crimi-
nal Records, No. 8 of 196).
“The Native was duly hanged.”
&amp;
Lh

&gt;

2
OD

J
(2)

THE FARMERS’ PROPOSALS.

The Transvaal Agricultural Union sent the inter
departmental committee a copy of the evidence which a
deputation from that body laid before the Native Affairs
Commission on Nov. 11.

This deputation urged “ the complete segregation of
the Natives from the towns and the gradual repatriation
of all male Natives, except such as are housed under the
compound system.”

“The deputation asked for a board representative of
the mining and agricultural industries to be appointed to
regulate the number of Natives admitted to work in urban
areas. The board should have the power to restrict
gradually the number of Natives entering urban areas in
search of work and to divert them into other directions.”

The idea apparently is to reproduce at the towns the
system that exists at the mines and to replace the pre-
sent Native villages (locations) by compounds for single
men or at least men without their families. This would
mean that the families evacuated from their present
houses in the locations would have to find homes some-
where else, and, as there is not room for them in the more
congested reserves, they would be forced to apply for per-
mission to live on farms, where the men would be obliged
to give three month’s labour in each year to the farmers
without pay before they left for the town compounds to
work for a wage, leaving their families on the farms for
the rest of the year.

The disastrous effects on Native social life that such
a system entails are obvious.
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