Native Life in South Africa [80]
dismissal of English Civil servants. It justifies this last act by alleging that the dismissed officials did not know Dutch. Consequently it could not be expected that this journal could have any qualms about a law enacted specifically to repress black men. It supported every harsh clause of the Natives' Land Bill, including Clause 1. However, when the native deputation to England gave proofs of the ravages of the "plague law" in Cape Colony, the `Cape Times', instead of defending its pet law, said: "The complaint to which they give precedence is particularly instructive," and so, quoting from the deputation's appeal which says: "In the Cape Colony, where we are repeatedly told that the Act is not in force, the Magistrates of East London, King Williamstown and Alice prohibited native tenants from reploughing their old hired lands last October, and also ordered them to remove their stock from grazing farms," this ministerial daily adds: "It is unnecessary to consider the justice or otherwise of this complaint for it is perfectly clear that if a Magistrate oversteps the bounds of the law, it is a matter to be dealt with by the Union Government."
It will be observed that this is an insinuation that the Magistrates who administer the Land Act at the Cape are exceeding their authority and should be "dealt with by the Union Government". Now, what are the facts? It is well known that all Magistrates, including those at the Cape, are paid to administer every legislative instrument, whether sensible or absurd, passed by the partly literate Parliament of the Union of South Africa. Hence, these Magistrates, in ordering Natives off their farms, and turning native cattle off the grazing areas, are only carrying out Section 1 of the Natives' Land Act. One Cape Magistrate who ruled that to plough on a farm was no breach of the law, WAS "dealt with by the Union Government", for a peremptory order came from Pretoria declaring such a decision to be illegal.
Therefore, so far from the Cape Magistrate "overstepping the bounds of the law" in expelling Natives from the farms and native cattle from their pastures, these Magistrates could legally have done worse, inasmuch as they could, under Section 5, have sent these Natives to prison for contravening Section 1. In justification, then, of its own and of its party's share in this legislative achievement, the `Cape Times' should have sought a more worthy excuse than thus attempting to make scapegoats of a band of fair-minded men who presumably, prior to the Union, never thought it would be part of their duty to administer from the Cape bench an Act which inflicted such gross cruelty.
Who, in the days of the Murrays, Mr. F. Y. St. Leger, and subsequently of Mr. F. E. Garrett, could have thought that the `Cape Times' would in this manner have destroyed its great traditions, built up during the nineteenth century, by sanctioning a law under which Cape Magistrates would be forced to render homeless the Natives of the Cape in their own Cape of Good Hope? The one Colony whose administration, under its wise statesmen of the Victorian era, created for it that tremendous prestige that was felt throughout the dark continent, and that rested largely upon the fact that among its citizens, before its incorporation with the northern states, it knew no distinction of colour, for all were free to qualify for the exercise of electoral rights. The old Cape Colony of our boyhood days, whose administration, despite occasional lapses, managed during a hundred years to steer clear of the familiar massacres and bloodshed of punitive expeditions against primitive tribes, massacres and bloodshed so common in other parts of the same continent; the old Cape Colony whose peaceful methods of civilization acted as an incentive to the Bechuana tribes to draw the sword and resist every attempt at annexation by Europeans other than the British: a resistance so determined that it thwarted the efforts to link German South West Africa with the Transvaal Republic, and so kept open the trade route to Rhodesia for
It will be observed that this is an insinuation that the Magistrates who administer the Land Act at the Cape are exceeding their authority and should be "dealt with by the Union Government". Now, what are the facts? It is well known that all Magistrates, including those at the Cape, are paid to administer every legislative instrument, whether sensible or absurd, passed by the partly literate Parliament of the Union of South Africa. Hence, these Magistrates, in ordering Natives off their farms, and turning native cattle off the grazing areas, are only carrying out Section 1 of the Natives' Land Act. One Cape Magistrate who ruled that to plough on a farm was no breach of the law, WAS "dealt with by the Union Government", for a peremptory order came from Pretoria declaring such a decision to be illegal.
Therefore, so far from the Cape Magistrate "overstepping the bounds of the law" in expelling Natives from the farms and native cattle from their pastures, these Magistrates could legally have done worse, inasmuch as they could, under Section 5, have sent these Natives to prison for contravening Section 1. In justification, then, of its own and of its party's share in this legislative achievement, the `Cape Times' should have sought a more worthy excuse than thus attempting to make scapegoats of a band of fair-minded men who presumably, prior to the Union, never thought it would be part of their duty to administer from the Cape bench an Act which inflicted such gross cruelty.
Who, in the days of the Murrays, Mr. F. Y. St. Leger, and subsequently of Mr. F. E. Garrett, could have thought that the `Cape Times' would in this manner have destroyed its great traditions, built up during the nineteenth century, by sanctioning a law under which Cape Magistrates would be forced to render homeless the Natives of the Cape in their own Cape of Good Hope? The one Colony whose administration, under its wise statesmen of the Victorian era, created for it that tremendous prestige that was felt throughout the dark continent, and that rested largely upon the fact that among its citizens, before its incorporation with the northern states, it knew no distinction of colour, for all were free to qualify for the exercise of electoral rights. The old Cape Colony of our boyhood days, whose administration, despite occasional lapses, managed during a hundred years to steer clear of the familiar massacres and bloodshed of punitive expeditions against primitive tribes, massacres and bloodshed so common in other parts of the same continent; the old Cape Colony whose peaceful methods of civilization acted as an incentive to the Bechuana tribes to draw the sword and resist every attempt at annexation by Europeans other than the British: a resistance so determined that it thwarted the efforts to link German South West Africa with the Transvaal Republic, and so kept open the trade route to Rhodesia for