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Native Life in South Africa [169]

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Natives of the Transvaal Republic. The black "owners" had no document showing that they were the real owners of the farm and that General Joubert's name was only registered to meet the requirements of the Volksraad. In such circumstances they received notice from his executors to leave the General's farm. They appealed to the law-courts and adduced verbal evidence in support of their purchase and ownership of the farm; the sale had been a public one. Besides, according to their ideas, it needed no documentary evidence, since they were legally in possession. The Court, after listening to the evidence concerning the sums paid by individual Natives of the tribe, of the total sum paid for the farm, and of the legal reason why the title bore a white man's name, held that however unfortunate was the position of those Natives if their story was true, it could only give judgment in terms of the title deeds. Thus Natives who were originally dispossessed of their land by conquest, and who swore to having purchased in hard cash land in their own country from the conquerors, were now for the second time, so they stated, dispossessed and turned off that land all owing to the complicated registration under this "Besluit" from Rustenburg.

After the British occupation in 1900, the Courts held that the "Besluit" and its practices did not have the force of law, and Natives took advantage of the ruling to transfer their properties to their own names; but in 1913, Mr. Piet Grobler, M.L.A., moved and succeeded in getting the Natives' Land Act carried in the Union Parliament, which has placed the Natives of the whole country in a more terrible plight than were the Natives of the Transvaal Republic before the war.

Since he took his seat in the Union Parliament, Mr. Piet Grobler, like Mr. Keyter of Ficksburg, has given the Natives no rest. He first made his power felt in 1911, when General Smuts introduced a Bill to consolidate the marriage laws of the four Provinces. Mr. Grobler then moved a fatal colour clause which had the effect of killing the Bill, for the Ministry, on finding that the Bill could only be carried with the assistance of the Unionists, preferred to drop it rather than divide the Boer majority; and hence, thanks to Mr. Grobler, the chaotic confusion still obtains in the South African marriage laws.

This gentleman, in 1913, led the attack in Parliament on Sir Richard Solomon, the Union's representative in London, for not keeping his mouth shut when he is among British foreigners, and for daring to suggest British emigration to South Africa. As stated above, Mr. Grobler demanded, among other things, that the Government should introduce "during this session" (1913) a law to stop the purchase and lease of land by Natives, and the Natives' Land Act of 1913 was the result of the demand -- a measure whose destructive severity forced the Natives to sue for Imperial protection against the South African Parliament.

When the present European War broke out, Mr. Grobler was among the Parliamentary clique of representatives whose Christian principles forbade them to vote for an armed expedition against their friendly neighbours, the Germans. They said that, in Deuteronomy 19:14, God specifically warned the Boers against moving the landmarks of their neighbours. But strange to say, the religious scruples of these pious objectors never revolted against removing the landmarks of their native neighbours and of appropriating, not only their land and their labour, but even the persons of these neighbours. The Natives, according to Mr. Luedorf, a German evangelist among the Bechuana, witnessed the Boer trekkers maltreating conquered Natives and taking their children as slaves. Children who were unable to walk to their serfdom being gathered in a heap and burnt alive. This, says Mr. Luedorf, caused the Natives to exclaim: "Mzilikasi, the Matabele King, was cruel to his enemies, but kind to those he conquered; whilst the Boers are cruel to their enemies and ill-treat and enslave their friends."*

-- * "The Boer States" (Keane),
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