Native Life in South Africa [22]
a man like the rest of us, liked the old arrangements to be disturbed, because it upset him, and the Native might oppose it, because he was frightened. They must admit that they had not given the native leaders and chiefs an opportunity to come down to Cape Town and give their views. It was unfortunate that this measure had been more or less rushed. There was no mention of it in the Governor-General's speech, and therefore the Natives were not prepared for the consideration of the question.
MR. M. ALEXANDER (Cape Town, Castle) said he was still of opinion that a very dangerous principle was introduced in the Bill, especially so far as the Cape was concerned. In the speech delivered by the Governor-General at the opening of the session there was not the slightest reference to the present measure, which apparently had been brought in as an afterthought, and something must have occurred after the Governor-General's speech was delivered, otherwise one could not conceive of such an important Bill being omitted from the speech. As it was the Bill would simply hang things up until the Commission reported, and now the House would be legislating in the dark. The vast majority of Natives had declared themselves to be against the Bill. He had had no desire whatever that party capital should be made out of the measure -- (hear, hear) -- but he desired to see a measure which would bear the mark of statesmanship, and not of panic and hurry. Their Commission could report before next session, and then in the early stages of the session a Bill could be introduced and be adopted on its merits. In the interests of South Africa, in the interests of the Natives, and in the interests of just legislation let the Government withdraw the Bill, and appoint a Commission, and then justice and not injustice would be done. (Hear, hear.)
DR. A. H. WATKINS (Barkly) said that there was a tacit understanding that the Minister would refer this Bill, if he were not prepared to accept a purely temporary measure, to a Select Committee. During the three years of the Union Parliament every matter practically dealing with Natives had been brought before the Select Committee on Native Affairs and their opinion had been asked. For some reason, which it was difficult for him to understand, the Minister had not seen fit to carry out that course. Sixteen days had elapsed since the second reading of this Bill was taken on which the Select Committee could have sat morning after morning and dealt with the Bill.
The necessity of passing only a temporary measure instead of appearing to pass a measure which would permanently deal with this question, was more evident to-night than when they took the second reading.
MR. H. M. MEYLER (Weenen) said that he would support the motion of Sir Bisset Berry. He thought it would be a great injustice to the Natives, and especially the Natives of Natal, who really knew nothing of this measure, to force it through now. Since the second reading, his attention had been drawn to certain provisions in this Bill, which made it more dangerous still to hurry legislation, because he found that, although there was an exemption in the Bill as regarded agreements lawfully entered into, the vast majority of the agreements at present in force amongst the Natives of Natal were not strictly lawful, according to their Statute law. As they had no less than 380,000 Natives squatting on private lands in Natal, according to the Minister's own figures, it would be a fatal mistake to do anything to upset these people, until they had something ready to provide for them instead. The difficulty was that under the Natal law no oral contract was binding for more than twelve months, and many of those squatters had not got oral contracts, but were more or less on sufferance on the farms. It would be a great danger to pass legislation which would lead to the moving of a large portion of these people before they got an inch of land provided for their use. He objected to legislation being brought forward too hurriedly, and when they had got 4 1/2 millions
MR. M. ALEXANDER (Cape Town, Castle) said he was still of opinion that a very dangerous principle was introduced in the Bill, especially so far as the Cape was concerned. In the speech delivered by the Governor-General at the opening of the session there was not the slightest reference to the present measure, which apparently had been brought in as an afterthought, and something must have occurred after the Governor-General's speech was delivered, otherwise one could not conceive of such an important Bill being omitted from the speech. As it was the Bill would simply hang things up until the Commission reported, and now the House would be legislating in the dark. The vast majority of Natives had declared themselves to be against the Bill. He had had no desire whatever that party capital should be made out of the measure -- (hear, hear) -- but he desired to see a measure which would bear the mark of statesmanship, and not of panic and hurry. Their Commission could report before next session, and then in the early stages of the session a Bill could be introduced and be adopted on its merits. In the interests of South Africa, in the interests of the Natives, and in the interests of just legislation let the Government withdraw the Bill, and appoint a Commission, and then justice and not injustice would be done. (Hear, hear.)
DR. A. H. WATKINS (Barkly) said that there was a tacit understanding that the Minister would refer this Bill, if he were not prepared to accept a purely temporary measure, to a Select Committee. During the three years of the Union Parliament every matter practically dealing with Natives had been brought before the Select Committee on Native Affairs and their opinion had been asked. For some reason, which it was difficult for him to understand, the Minister had not seen fit to carry out that course. Sixteen days had elapsed since the second reading of this Bill was taken on which the Select Committee could have sat morning after morning and dealt with the Bill.
The necessity of passing only a temporary measure instead of appearing to pass a measure which would permanently deal with this question, was more evident to-night than when they took the second reading.
MR. H. M. MEYLER (Weenen) said that he would support the motion of Sir Bisset Berry. He thought it would be a great injustice to the Natives, and especially the Natives of Natal, who really knew nothing of this measure, to force it through now. Since the second reading, his attention had been drawn to certain provisions in this Bill, which made it more dangerous still to hurry legislation, because he found that, although there was an exemption in the Bill as regarded agreements lawfully entered into, the vast majority of the agreements at present in force amongst the Natives of Natal were not strictly lawful, according to their Statute law. As they had no less than 380,000 Natives squatting on private lands in Natal, according to the Minister's own figures, it would be a fatal mistake to do anything to upset these people, until they had something ready to provide for them instead. The difficulty was that under the Natal law no oral contract was binding for more than twelve months, and many of those squatters had not got oral contracts, but were more or less on sufferance on the farms. It would be a great danger to pass legislation which would lead to the moving of a large portion of these people before they got an inch of land provided for their use. He objected to legislation being brought forward too hurriedly, and when they had got 4 1/2 millions