Native Life in South Africa [98]
Land Act. It is not a sudden inspiration of the Botha Government. It is the outcome and result of a Commission appointed by Lord Milner some years ago, presided over by Sir Godfrey Lagden. The Commission was appointed "In view of the possible federation of the South African Colonies to gather accurate information as to native affairs so as to arrive at a common understanding on questions of native policy."
That Commission sat for two years. It had upon it representatives of every colony and territory. It arrived at what I believe was a unanimous (sic) report,* and this Act is practically doing no more than carrying out its recommendations. The Act has already been in operation for twelve months. The Commission of Inquiry, which was to be instituted under the Act, is now sitting. It is bound by the terms of its appointment to report within two years, and will probably report by Christmas next.** The whole of this Act is a temporary measure until that Commission reports. A native deputation has come over and seen me, and I believe many other members. That deputation left Africa against the advice of General Botha, and against almost the entreaties of Lord Gladstone. They knew that the Act would not be disallowed, because it had been announced months before in South Africa. The day the deputation saw me the period of twelve months during which that Act could be disallowed on my recommendation had already expired, and it is now an act which can only be suspended by the Government and Parliament of the Union of South Africa.
-- * Col. Stanford (the Cape Colony representative on the Lagden Commission) and Messrs. Campbell and Samuelson (the Natal representatives) sent in two strongly-worded minority reports against such restrictions. Vide S.A. Native Affairs Commission, 1903-5, Vol. I. -- Author. ** After Christmas the Commissioners' "terms of appointment" were altered from two years to three years. --
Sir W. BYLES: Does it forbid the holding of land by Natives?
Mr. HARCOURT: Perhaps the hon. member will allow me to complete my statement as the time is short.* The suspension of the Act would be worse than useless at the present stage. It would suspend the Inquiry which is taking place at this moment in the interests of the Natives themselves. I cannot believe that any further Commission is necessary, as the existing one seems to me both efficient and sufficient.
-- * Mr. Harcourt would have shortened the time considerably, had he said "Yes" or "No", instead of replying in sixteen words. -- ==
It is not clear why Mr. Harcourt made this statement as the Natives, in their petition to the King, never asked for a suspension of the whole Act. All that they wished was that the harshest clauses of the measure might be suspended, leaving the others in operation until the Commission rendered its report.
When Mr. Harcourt's reference to the Commission was made known in South Africa the Commissioners, then sitting in Pretoria, were informed of the plight of evicted Natives. The Commissioners replied that any grievance arising out of the operation of an Act of Parliament was beyond the scope of their enquiry, and that they could not consider such grievances. This was exactly what they had previously told the Natives at King Williamstown and elsewhere. At Harrismith the Commission heard the complaint of a son of Chief Wietzie, who, during the Basuto wars, had always remained loyal to the "Free" State Boers. The son had been evicted from the ground on which he and his fellow-tribesmen had resided for generations and he was forced to live on an urban location where it is impossible to do any farming. The President (Sir William Beaumont) said he was sorry to hear that a son of Wietzie found himself homeless, but he regretted that the Commission could not help him. Mr. Harcourt, therefore, must have been incorrectly informed regarding the functions of the Commission.
Yet another puzzle. After the appointment of this Commission in September 1913, there was a newspaper report
That Commission sat for two years. It had upon it representatives of every colony and territory. It arrived at what I believe was a unanimous (sic) report,* and this Act is practically doing no more than carrying out its recommendations. The Act has already been in operation for twelve months. The Commission of Inquiry, which was to be instituted under the Act, is now sitting. It is bound by the terms of its appointment to report within two years, and will probably report by Christmas next.** The whole of this Act is a temporary measure until that Commission reports. A native deputation has come over and seen me, and I believe many other members. That deputation left Africa against the advice of General Botha, and against almost the entreaties of Lord Gladstone. They knew that the Act would not be disallowed, because it had been announced months before in South Africa. The day the deputation saw me the period of twelve months during which that Act could be disallowed on my recommendation had already expired, and it is now an act which can only be suspended by the Government and Parliament of the Union of South Africa.
-- * Col. Stanford (the Cape Colony representative on the Lagden Commission) and Messrs. Campbell and Samuelson (the Natal representatives) sent in two strongly-worded minority reports against such restrictions. Vide S.A. Native Affairs Commission, 1903-5, Vol. I. -- Author. ** After Christmas the Commissioners' "terms of appointment" were altered from two years to three years. --
Sir W. BYLES: Does it forbid the holding of land by Natives?
Mr. HARCOURT: Perhaps the hon. member will allow me to complete my statement as the time is short.* The suspension of the Act would be worse than useless at the present stage. It would suspend the Inquiry which is taking place at this moment in the interests of the Natives themselves. I cannot believe that any further Commission is necessary, as the existing one seems to me both efficient and sufficient.
-- * Mr. Harcourt would have shortened the time considerably, had he said "Yes" or "No", instead of replying in sixteen words. -- ==
It is not clear why Mr. Harcourt made this statement as the Natives, in their petition to the King, never asked for a suspension of the whole Act. All that they wished was that the harshest clauses of the measure might be suspended, leaving the others in operation until the Commission rendered its report.
When Mr. Harcourt's reference to the Commission was made known in South Africa the Commissioners, then sitting in Pretoria, were informed of the plight of evicted Natives. The Commissioners replied that any grievance arising out of the operation of an Act of Parliament was beyond the scope of their enquiry, and that they could not consider such grievances. This was exactly what they had previously told the Natives at King Williamstown and elsewhere. At Harrismith the Commission heard the complaint of a son of Chief Wietzie, who, during the Basuto wars, had always remained loyal to the "Free" State Boers. The son had been evicted from the ground on which he and his fellow-tribesmen had resided for generations and he was forced to live on an urban location where it is impossible to do any farming. The President (Sir William Beaumont) said he was sorry to hear that a son of Wietzie found himself homeless, but he regretted that the Commission could not help him. Mr. Harcourt, therefore, must have been incorrectly informed regarding the functions of the Commission.
Yet another puzzle. After the appointment of this Commission in September 1913, there was a newspaper report