B A N T U A U T H O R I T I E S

T R I B A L

ISSUED BY T H E IN F O R M A T IO N SERVICE

O F T H E D E PA R T M E N T OF

N A T IV E AFFAIRS,

PRETORIA, 1958I J

«

BANTU AUTHORITIES AND TRIBAL

ADMINISTRATIONA. The Governor-General as

Supreme Chief.

1. Historical Background.

2. Powers of Supreme Chief.

3. Legislation by Proclama­tion.

B. Tribal Chiefs and Headmen.

1. Traditional Status.

2. Appointment or Recogni­tion of Tribal Chiefs and Headman.

3. Administrative Duties ofthe Tribal Chief.

4. Tribal Chiefs Council.

Issued by the INFORMATION SERVICE

of the Department of Native Affairs, P.O. Box 384,

Pretoria, 1958.

C. Bantu Authorities.

1. What is a BantuAuthority?

2. The Bantu TribalAuthority.

3. Functions of the BantuTribal Authority.

4. The Bantu RegionalAuthority.

5. The Bantu TerritorialAuthority.

6. Replacement or Integra­tion of Councils by Bantu Authorities.

A. THE GOVERNOR-GENERAL AS SUPREME CHIEF

1. Historical Background.

THE Union of South Africa came into existence under the South Africa Act of 1909, which became effective on 31 May,

1910.Section one hundred and thirty-five of the said Act provides

that all laws which were in force in the various colonies would remain in force after unification until such laws were repealed or amended by Parliament, and section one hundred and forty-seven provides that the control and administration of Native Affairs throughout the Union shall be vested in the Governor-General in Council, i.e. the Governor-General acting on and with the advice of the Executive Council, which is charged with the exercise of all those special powers formerly exercised by the Governors of the various colonies as supreme chiefs.

To understand the provisions of section one hundred and forty-seven, it is necessary to bear in mind that experience had clearly taught previous governments of the various colonies that a measure of special executive authority conferred by Parliament was necessary to facilitate the administration and control of the great masses of the Bantu population. Although these special powers assumed different forms in the different colonies, the broad principle was uniformly that the Governor or the Governor-in- Council must be invested with special powers for the administra­tion and proper control of the Native population.

In the Cape Colony, for instance, as the various Bantu areas beyond the Kei River were annexed by the English, the respective annexation acts invested the Governor with absolute and unlimited powers in respect of those areas. They even went so far as to provide that no act of parliament should be applicable to those areas unless it was made applicable by express words in the Act itself or another Act of Parliament or by proclamation of the Governor.

In Natal the Governor was the Supreme Chief of the Bantu population with certain extraordinary powers which are expressly defined in the Natal Code of Native Law. According to the said Code, the Governor, as Supreme Chief, could exercise all political authority over the Natives in Natal. He appointed and dismissed tribal chiefs. He made decisions in regard to hereditary succes­sion when a chief died. He could amalgamate or divide tribes. He could remove tribes or individual members of such tribes. He could raise a force of armed men. He could institute tribal levies. He could call upon Natives to provide labour.

He was the chief guardian of Bantu minors and orphans. He could punish political offenders and impose fines for disobedience to his commands. He could impose a fine on a Bantu community as a whole if they withheld evidence of crimes, and finally the legal competence of the courts to adjudicate in regard to his actions was excluded.

In the Transvaal, Act No. 4 of 1885 provided that all laws and customs which had been observed by Natives up till that time would continue to exist unless they were in conflict with the general principles of civilization. The State President was invested with all those powers over all Bantu in the Republic which were ordinarily granted to any supreme chief under Native usage and custom. Furthermore he was empowered to make regulations and orders with the advice and consent of the Executive Council for the better functioning of and obedience to the law.

After annexation of the Transvaal in 1902, these powers of the State President were transferred to the Governor. In the same way the Governor of the former Orange Free State was invested with the powers of a supreme chief over the Natives in that Colony.

2. Powers of Supreme Chief.

IN the discussion of the provisions of section one hundred and forty-seven of the South Africa Act, mention was made of

the special executive powers with which the Governors of Natal, Transvaal and the Orange Free State were invested and which arose out of their appointments as supreme chiefs of the respective Bantu populations.

As already stated, the Governor of Natal’s authority as supreme chief was considerable and it was expressly defined in the Natal Code of Native Law as amended from time to time. In the Transvaal and the Orange Free State, it was based on Native law and custom, with the result that as the tribal organisation broke up and Native law and custom fell into disuse, it became more difficult for the supreme chief to exercise his authority.

However, this difficulty was overcome by section one of the Native Administration Act, 1927 (Act No. 38 of 1927), as amended by Act No. 9 of 1929 and later by Act No. 42 of 1956. According to this, the Governor-General is the Supreme Chief of all Natives in the Union and has in respect of all Natives in any part of the Union all the rights, immunities, powers and authority which are vested in him in respect of Natives in the Province of Natal or may be vested in him from time to time.

The powers vested in the Supreme Chief in Natal are set out in the Natal Code (Code of Native Law, Proclamation No. 168 of 1932), as amended.

f

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Mr. J. H. T. Mills, at that tim e local Native Commissioner, explains a tricky point to Chief Charles M opeli o f Witzieshoek and his councillors. The first Bantu Authority in the Union was established at W itzieshoek

in 1953.

Below: Two progressive Chiefs o f the Transvaal in whose areas Bantu Authorities havd been established.

Chief Patrick Mphephu of the Venda of Zoutpansberg.

Chief Tidimane R. Pilane of the Bakgatla-baga-Kgafela of

Pilanesberg.

r T

Section two of the Natal Code confers on the Governor- General all those rights, immunities, powers and authority which are exercised by any supreme chief or may be enjoyed according to Native customs and usages.

Section three of the said Code provides that all orders or instructions which shall be carried out by the Supreme Chief, may be carried out by the Secretary for Native Affairs, Chief Native Commissioner or other official, instructed thereto by the Supreme Chief or the Minister of Native Affairs.

Sections four, five, six, seven and eight of the Natal Code define certain contraventions which may be committed by the Tribal Chief and /or the tribe and fines which may be imposed on the Chief or the tribe by the Supreme Chief. Section six is of special importance in the case of crimes such as homicide, assault, theft and injury to person or property. If it is proved to the satisfaction of the Supreme Chief that there is reason to believe that there is a suppression of evidence or passive resistance to giving evidence, he may impose a fine of not more than £20 or 4 head of cattle on all adult male members of such a tribe or community.

Section seven prohibits attendance at certain assemblies and lays down the fines which may be imposed by the Supreme Chief if such meetings are held or attended.

Section eight empowers the Supreme Chief, if he is satisfied that any Native is a danger to public peace, to order by proclama­tion the summary detention of such a Native.

Sub-section (1) of section ten excludes the powers of the courts and sub-section (2) provides that no interdict may be issued against such administrative action by any official representing the Supreme Chief unless there is prima facie proof of unlawful action.

The phrase in section one of the Native Administration Act, 1927 (Act No. 38 of 1927), as amended, viz. " in respect of Natives in the Province of Natal are vested in him or may be vested from time to time ”, should be read along with section twenty-four of the Act which empowers the Governor-General to amend the Natal Code of Native Law from time to time by proclamation in the Government Gazette.

3. Legislation by Proclamation.

A FEATURE of the Native Administration Act is that it empowers the Governor-General (that is, the official who

acting on and with the advice of the Executive Council of the Union administers the Government from time to time) to legislate for Bantu Areas by way of proclamation.

Experience has shown that this system, by virtue of its flexibility and elasticity makes it possible to provide very rapidly for the changing needs of a primitive people awaking from barbarism.

Parliament has therefore granted the Governor-General the power to make, amend or repeal laws in respect of Natives by proclamation, with certain reservations. Some of these reserva­tions may be listed as follows: Section twenty-four empowers the Governor-General to amend the Natal Code of Native Law by way of proclamation from time to time, but subject to the understand­ing that such a proclamation shall not be valid till after the lapse of one month from the date of publication in the Government Gazette.

The important parts of sections twenty-five and twenty-six of the Act, as amended read: 25. (1) From and after the commence­ment of this Act, any law then in force or subsequently coming into force within the areas included in the Schedule to the Native Land Act, 1913 (Act No. 27 of 1913), or any amendment thereof, or such areas as may by resolution of both Houses of Parliament be designated as Native areas for the purposes of this section, may be repealed or amended, and new laws applicable to the said areas may be made, amended and repealed by the Governor- General by proclamation in the Gazette.

(2) Save where delay would, in the opinion of the Governor- General, be prejudicial to the public interest, no such proclamation shall be issued unless a draft of its provisions or of its principal provisions shall have been published in the Gazette at least one month previously; but the omission of such publication shall not invalidate any such proclamation.

26. (1) Every proclamation issued by the Governor-General under the authority of this Act shall be laid upon the Tables of both Houses of Parliament within fourteen days after its promul­gation if parliament is then in ordinary sess on, or if Parliament is not then in ordinary session within fourteen days after the commencement of its next ensuing ordinary session, and every such proclamation shall be in operation unless and until both Houses of Parliament have by resolution passed in the same session, requested the Governor-General to repeal such proclama- mation or to modify its operation, in which case such proclamation shall forthwith be repealed or modified as the case may be, by a further proclamation in the Gazette.

(2) If the Native Affairs Commission established in terms of section one of the Native Affairs Act, 1920 (Act No. 23 of 1920), has dissented from any provision contained in a proclamation issued under section twenty-five, the record of, and the reasons for, such dissent shall, when the proclamation is laid upon the Tables of both Houses of Parliament as aforesaid, simultaneously be so presented to Parliament.

This is sufficient as regards the reservations subject to which the Governor-General may exercise his authority.

Further powers of the Governor-General under the Act are as follows: —

According to section two (7) the Governor-General may recognize or appoint and also depose anyone as head of a Native tribe. In accordance with this section, the Governor-General possesses the power to issue regulations prescribing the duties, powers and privileges and service conditions of chiefs and headmen.

Section four gives the Governor-General the right of veto where a dissatisfied person institutes an action against the tribe or chief in regard to the ownership, possession or acquisition of land.

Section five 1 (b) provides that when it is considered to be in the public interest, the Governor-General may determine that any tribe or section of a tribe or any Native should remove from any place to any other place in the Union.

B. TRIBAL CHIEFS AND HEADMEN

1. Traditional Status.r p H E Tribal Chief is the political, administrative, executive and

priestly head of the tribe. He is also head of the army (should there be one) and the father of all widows, orphans, oppressed and poor persons of his tribe. Formerly he had the power of life and death. In most cases his mother is the woman for whom the tribe itself has paid lobola and because she has cost them cattle, the children whom she bears and especially the eldest, belong to the people. That is why the elders say “ the Chief is our child ” .

Alongside the Tribal Chief’s temporal power we find his priestly power. Nominally (not in reality) he is the principal witch doctor, the person who tastes the first fruits in accordance with ritual, the person who decides when circumcision should take place, who makes rain and finally the man who serves as intercessor with the ancestral spirits.

Among most of the South African Bantu, though not among all, we find the institution of the Sacred Fire, something that hardly exists any longer today and varies from tribe to tribe, but relics of which still adhere to the chieftainship. Briefly, it may be described as follows: —

On the day on which the new chief of the tribe is installed, all fires in the area are extinguished. A new fire, which must be in

Chief Edward Lencoe of the Bafurutshe o f W itkleigat, Zee-

rust.

Chief Tseke M abowe o f the Batau o f Nebo addresses a tribal meeting on Bantu

Authorities.

Paramount Chief Cyprian Bhekezulu ka Dinizulu addressing the meeting at Nongom a where the Usutu Tribal Authority was established on 4th

December, 1957.

a central place in the principal kraal, is then made in the ritual manner with fire-sticks—these sticks bear the names of the male and femal sexual organs and the fire they light symbolises the chief as the ruler of the tribe—he keeps the tribal life alight. From the chief kraal the cinders of this fire are then carried to the kraals of all the sub-chiefs and headmen who in turn light tribal fires in every hamlet. Every woman who wishes to light a fire in her lapa (home), then gets her fire from the tribal fire. There are strict rules about who may or may not approach the fire and in the evening every woman must surrender her best bundle of wood to the guardians of the fire. The fire remains burning as long as the chief rules.

Involuntarily one thinks about the sacred fire of the Romans which burned in the temple of Vesta in Rome, and also to a certain extent about the sun-worship of the Egyptians. We should also not forget that a burning torch is kept in the Voortrekker Monument in Pretoria.

The authority of a chief or king does not reside in himself, but in the hearts and loyalty of his people. The conception of “ Allegiance” , whether it is towards fatherland, flag, national anthem, cultural possessions, a king or a tribal chief, is a living, burning torch in the inner existence of a people. It is one of the strongest conceptions in human society. It requires no regulations or laws and may demand the supreme sacrifice—which will then be gladly given.

The tribal chief must be regarded against this background. Even though he may be worthless in his own person, he neverthe­less represents an idea in the eyes of his people and it is that idea which is important.

2. Appointment or Recognition of Tribal Chiefs and Headmen.

UNDER sub-section (7) of section two of the Native Adminis­tration Act, 1927 (Act No. 38 of 1927), as amended, the

Governor-General may recognise or appoint any person as chief or headman or a tribe or location, may depose any chief or head­man and may prescribe the duties, powers, privileges and condi­tions of service of chiefs and headmen. These powers are contained in Proclamation No. 110 of 1957, as amended.

As a rule the chieftaincy or headmanship is vested in a particular family and the person who is entitled to be appointed chief or headman according to Native Law is appointed to the post.

3. Administrative Duties of the Tribal Chief.r p H E regulations contained in Proclamation No. 110 of 1957,

as amended, may be summarised as follows: —(1) An appointed chief or headman shall constitute a com­

munity council;(2) he shall seek to promote the interests of his tribe or com­

munity;(3) he shall maintain law and order;(4) he shall bring unrest to the notice of the Native Com­

missioner;(5) he shall enjoy the privileges and status conferred upon

him by the recognised customs and usages of his tribe;(6) he shall be entitled to the loyalty, respect and obedience

of all Natives in his area;(7) he shall exercise his powers, privileges, functions and

duties in accordance with the provisions of a law or usage in consultation with his council;

(8) he shall carry out all the lawful orders of the NativeCommissioner or other officer of the Government duly authorised by the Secretary for Native Affairs or the Chief Native Commissioner;

(9) he shall ensure the enforcement within his area of all laws, orders and requirements of the Government relating to the administration and control of the Natives in his area in general and in particular to—

(a) public health;(b) registration of taxpayers;(c) registration of births and deaths;(d) taking of census and collection of statistics;(e) prevention and eradication of animal diseases;(/) occupation or cultivation of land;(g) preservation and erection of beacons;(h) prevention, detection and punishment of crime;(0 efficient control of labour resources;(j ) unauthorised influx of Natives into urban areas;(k) eradication of weeds;(7) preservation of flora and fauna;(m) protection of public property, monuments and

historical objects;(n) rehabilitation of land, prevention of soil erosion,

veld fires and overstocking;

(10) he shall bring all new laws, orders and requirements tothe notice of his tribe;

(11) he shall report to the Native Commissioner the occurrence of any of the following m atters: —

(a) Outbreak of contagious or infectious diseasesamongst persons and stock;

(b) deaths of persons from violence or other unnatural causes;

(c) commission of crimes;id) presence without lawful authority of strangers;(e) unauthorised occupation or cultivation of land;(/) presence of fugitive offenders;(g) illegal possession of arms and ammunition, intoxi­

cating liquor or habit-forming drugs;(h) activities which disturb peace and order and;(0 the receipt of pensions etc. by persons not entitled

to them;(12) he shall prevent persons lawfully travelling through his

area from being obstructed;(13) he shall prevent the sale of poisonous substances or love

philtres in his area;(14) he shall be impartial in regard to the activities of any

religious body, church or school;(15) he shall, whenever the Native Commissioner requests a

meeting of his followers, attend such meeting himself and ensure a maximum attendance;

(16) he shall order unlawful assemblies of armed or riotous persons to disperse;

(17) he shall not try any Native civilly or criminally unless the necessary jurisdiction has been conferred on him;

(18) he shall not participate in any subversive political organi­sations;

(19) he exercises the powers and authorities in connection with the arrest and custody of offenders conferred upon peace officers by Chapter IV of the Criminal Procedure Act, No. 56 of 1955, relating to theft of stock or produce;

(20) he may search a kraal or dwelling without warrant;(21) he shall report stray stock;(22) he shall detain stock brought into the area illegally;(23) he shall report new cases of leprosy to the district surgeon

or other medical officers;

Dr. H. F. Verwoerd, Minister o f Native Affairs, delivering his opening address at the first session o f the Transkeian Territorial Authority at

Um tata on 7th May, 1957.

Chief T. R. Pilane busy explaining the advantages o f Bantu Authorities at a meeting in the Western Areas.

(24-29) in these regulations the conditions of service of the chief or headman are laid down;

(30) The Minister, the Secretary or the Chief Native Com-Commissioner for the area concerned may at any time without any trial suspend any appointed chief or head­man from his office. Except with the approval of the Minister such a chief or headman suspended from office shall not be entitled to receive any allowance or other emoluments for the period of his suspension.

(31) (1) Whenever there is reason to believe that an appointedchief or headman—(a) neglects or refuses to comply with any provi­

sions of these regulations, or neglects or refuses to perform any duty, or to discharge any obligation, imposed upon him by or under any other law; or

(b) disobeys any lawful command given to him by or through the Native Commissioner, or other authorised officer of the Government, as in section eight provided; or

(c) misconducts himself in any other way whatsoeveror abuses his powers, the Secretary may order that an enquiry be held by a Native Commis­sioner into the conduct of such chief or head­man and may give such instructions in regard to such an enquiry, at which the chief or head­man shall be entitled to be heard, as he may deem fit.

(2) A record of the proceedings at the enquiry and astatement of the Native Commissioner’s finding and his reasons therefor shall be forwarded to the Secre­tary not later than one month after the conclusion of the enquiry..

(3) After conviction as the result of an enquiry as in sub­section (1) provided, such chief or headman shall, without derogating from any other powers which may be vested in the Minister or the Secretary, be liable to a reduction of emoluments for such period, or a fine in such amount not exceeding one hundred pounds, as the Minister in respect of a chief, or the Secretary in respect of an acting chief, a headman or an acting headman, may determine.

It will thus be observed that besides the ethnological and tradi­tional functions which the chief or headman must exercise, he is also administratively saddled with functions to a considerable extent under the preceding regulations.

4. Tribal Chief’s Council.T N the exercise of his inherent powers, the tribal chief is assisted

by quite a number of persons. In every part of his area he has representatives. It is true, of course, that during his lifetime a chief designates a number of councillors, such as relatives and hero-worshippers and so on, but there are some councillors whom he cannot simply appoint. They are councillors according to the unwritten tradition of his tribe. They can hold that position by reason of the blood in their veins or otherwise because there is a special relationship between them and the ruling house.

As a rule, the chief has many councils. Thus among the Tswana, for instance, we find that he has a council to advise him about land, grazing and watering facilities, another on family affairs, a third on tribal schools and age regiments, a fourth on war, while the chief also often has a privy council as well as a head councillor—a sort of Prime Minister. He has his messengers, his receivers of revenue, his police or guards, and above all there is a popular assembly.

To sum up, the chief thus rules with a council, “ lekgotla" or “ nkundhla ” who in their turn are subordinate to the assembly of the people. We are therefore concerned with a fairly well- developed democratic system.

C. BANTU AUTHORITIES

1. What is a Bantu Authority?A BANTU Authority is nothing more than the traditional

democratic system hitherto discussed. In order to recognize and legalize this power, the Bantu Authorities Act, 1951 (Act No. 68 of 1951) was passed. When the Hon. the Minister delivered his second reading speech on 18 June 1951 at the introduction of the Act in the House of Assembly, he said inter alia: “ I also would like to point out that we are dealing here with a restoration of the natural Bantu democracy. Whilst up till now we have had chiefs and headmm who exercised authority, no provision was made that they should exercise it ‘ in council and now in this bill we get away from that unnatural autocracy which is foreign to the natural Bantu system. We ate going back to the authority- in-council.”

The purpose of this Act is i.a. to provide for the institution of Bantu Tribal, Regional and Territorial Authorities, of which the tribal authority is the most important, and to define their activities.

2. Bantu Tribal Authority.

Q E C T IO N two of the Act provides that the Governor-General ^ may with due regard to Native law and custom and after consultation with every tribe and community concerned, establish a Bantu tribal authority in respect of two or more such tribes or one or more such tribes and one or more such communities.

Further that the Governor-General may establish a Bantu Regional Authority in respect of two or more areas for which tribal authorities have been established and also that the Governor- General may establish a Bantu Territorial Authority in respect of two or more areas for which regional authorities have been established.

The establishment of the abovementioned Bantu Authorities may only take place subject to the understanding that the Minister has consulted the Natives in every area in respect of which the authority is about to be instituted.

In the propagation of Bantu Authorities it is not sufficient to address the tribal chief alone, but rather the chief-in-council who in turn consults his followers. This, however, is only the first step. Thereafter meetings must be held with the tribes themselves and sometimes it is necessary to negotiate lengthily and patiently On such occasions the entire question of racial relationships and the policy of the Government come under discussion.

Sub-section (2) of section two of the Act provides that a tribal authority shall be instituted for a definite area or areas. These areas usually consist of a mixture of Native-owned farms, scheduled locations and South African Native Trust lands.

Section three of the Act provides that a tribal authority shall consist of the chief of the tribe concerned and as many councillors as may be determined by the Governor-General.

It is clear, therefore, that tribal authorities correspond almost exactly to the Bantu tribal councils and will function in accord­ance with Bantu customs.

Where tribes accept the new system, the Native Commissioner concerned should report the proceedings at which the tribe con­cerned finally decided to ask for the establishment of such autho­rities to the Chief Native Commissioner of his area. When the report reaches head office and all particulars are clearly set out, then steps are taken to draw up a minute for the approval of the Executive Council. As soon as it is approved, the establishment of the tribal authority is announced by means of a government notice published in the Government Gazette.

3. Functions of the Bantu Tribal Authority.

T T is now appropriate to state what the work of the tribal authority will be. The Act requires the following of the

tribal authority: —

(a) To manage the affairs of the tribe;(b) to assist the tribal chief and to do everything which the

Act requires him to do. This means that in future the Department will not deal with the chief or headman as an individual, but as the head of a responsible council, and that the chief or headman will not only be responsible to the Department but also to his council;

(c) to advise and assist the Government with reference tothe welfare of the tribe it represents, including the improvement of the land inhabited by the tribe;

(d) to constitute the court of the chief or headman for hearing civil and criminal cases, which will depend on the jurisdiction with which the chief is invested.

From the foregoing it appears that the tribal authority and not the chief personally, will be responsible for all matters relating to the administration and welfare of the tribe and for the trial ofcases.

As regards the moneys of the tribe, the Act requires the Minis­ter to establish a treasury, to which must be paid—

(a) all moneys and levies which are payable to the tribe inaccordance with tribal custom;

(b) all fines and moneys in connection with the trial of cases by the tribal authority and the execution of judgments;

(c) the produce of any tribal levy;(d) any contributions derived from tribal property;(e) any moneys which the Department may already hold

on behalf of the tribe; and

(/) any other moneys of whatever nature which may be presented to the tribe.

It is extremely important that the tribe be taught to expend its own money wisely, since only in that way will it learn the art of government. The tribe must not expend more money than it possesses and should also try to save money each year. For this reason the tribal authority will have to decide each year what services it wishes to undertake for the benefit of the members of

tiie tribe during the approaching year. It will have to draft budgets which show how much money is on hand, how much money is to be expended during the coming year and what amount of money it will retain.

In proportion as the tribal authority accepts responsibility for self-management and self-help, it will have to undertake on a greater scale work which up till now has been done by the Government. It is therefore necessary that in every district, region or territory there should be proper planning, not only with ethnological experts but also in the agricultural sphere because it covers the entire field of rehabilitation, stabilisation and the creation of economic units. These functions were hitherto always discharged by the Department and will gradually be transferred to the Bantu Authorities.

There must also be very close liaison with the Bantu Educa­tion Section, because the various local educational bodies are responsible for a great part of the developmental programme of which the Bantu authorities are to become the bearers. Thus the school committees will be linked with the tribal authorities and the school boards will become sub-committees of regional authorities.

4. The Bantu Regional Authority.

r p H E next step in this new programme of government for the -L Bantu is the establishment of regional authorities.

A Regional Authority may be established by the Governor- General for any two or more areas for which tribal authorities already exist. The chairman and members of this body are selected in the manner prescribed by regulation from the ranks of the chiefs and councillors of the tribal authorities. It is observed here that the tribal chiefs and councillors fill their right­ful place in the government of their people. Moreover one of the chiefs or some other tribal office holder will be the chairman.

A Regional Authority has important duties to fulfil. These include the following: —

(a) To advise or make representations to the Minister inconnection with any matters affecting the people in its area;

(b) duties in regard to schools, roads, bridges, water facili­ties, soil conservation and forestry;

(c) to combat stock diseases by building dipping tanks;(d) to erect hospitals and clinics; and

(e) in connection with the improvement of agriculture.

The regional authority may also make its own regulations in connection with any service it renders and may lay down any fees tor such services. It may also impose a tax not exceeding one pound in any year on every male person resident in its area.

5. The Bantu Territorial Authority.

r p H E last step is the establishment of a territorial authority which will have jurisdiction over an area where there are two ox

more regional authorities.It will consist of chiefs or headmen and councillors selected

from members of the regional authorities, with a Bantu chairman and its own treasurer.

The territorial authority’s word will be law and the people will more readily respect and obey it.

The councillors will perform their task without fear or preju­dice, because they are not elected by the majority of votes, and they will be able to lead their people onwards towards the great and good things of life, even though in the beginning it may demand hardship and sacrifices to attain this object.

From what has been stated hitherto, it is clear that there are important advantages in the system of administration by Bantu Authorities. The traditional leaders of the Bantu, viz, the tribal chiefs, headmen and councillors are invested with more responsi­bility to conduct the administration of their followers and are alforded the opportunity of managing and taking charge of their own finances.

6. Replacement or Integration of Councils hy Bantu Authorities.

"DESIDES making provision for the establishment of certain Bantu Authorities and defining their activities, the Bantu

Authorities Act, 1951 (Act No. 68 of 1951) also aimed at replacing the local councils.

The Governor-General may, in accordance with powers con­ferred on him by section twenty-five of the Native Administration Act, 1927 (Act No. 38 of 1927), as amended, and section fourteen of the Bantu Authorities Act, 1951 (Act No. 68 of 1951), issue a proclamation providing for the grant of the activities, powers and duties of a territorial authority to a tribal authority and the trans­fer of the assets and liabilities of a local council established in terms of section five of the Native Affairs Act, 1920 (Act No. 23 of 1920) to such a tribal authority.

In the application of this section, the district council esta­blished in terms of section thirty-eight of the “ Glen Grey Act, 1894” (Act No. 25 of 1894), of the Cape of Good Hope, and every management board established in terms of the “ Native Reserves Management Ordinance, 1907 ” (Ordinance No. 6 of 1907), of the Orange Free State, is deemed to be a local council established in terms of section five of the Native Affairs Act, 1920.

By Proclamation No. 180 of 31 lanuary, 1956 the United General Council of the Transkeian Territories with 26 constituent district councils have already been declared a Bantu Territorial Authority and 26 Bantu District Authorities. The district autho­rities are composed of about 127 tribal or community authorities.

The late Walton Z. Fenyang, formerly chief administrative officer o f the Barolong tribal authority at Thaba’Nchu, opening an agricultural show

in the Tribal Area.

Other Publications Still Available F r e e of C h a r g e

A R E1. Bantu Education: Policy for the Immediate Future.

2. Bantu Authorities Act, No. 68 of 1951.

3. Development and Progress in Bantu Communities.

4. Local Authorities and the State.

5. Separate Development.

6. Rehabilitation of the Bantu Areas.

and

“ Bantoe/Bantu ”, an informal monthly publication of the Department of Native Affairs.

O B T A I N A B L E

FROM

THE INFORMATION SERVICE,

P.O. BOX 384,

PRETORIA.

\ '■ T g g i h T r ia

tmtp^UCTIOM: THE Land AND PfaOPLE

(a) THE i*>KD

A glance at Map A shows that the Native jtreas are arranged roughly In the form of an Inverted U (thus ) one limb, more or leas solid, extending from the Clakei northwards along the litteral to the southern border of Mozambique. The second limb, less substantial and consisting of detached locations, extends westwards from the Kruger National Park, across the Northern Transvaal to the Northern uape Province* Roughly midway between the limbs at Katatiele and Taungs in Thaba • Nchu Native Reserve in the Orange Free State.

Whereas the total extent of the Union is approximately 472,000 square niles (14*’, *$44 ,000 morgen), the Native areas comprise 49,7^2 square miles (15,029*046), quite a fair propor­tion of the country having a rainfall of 2C i none s and upward a(1 ). Approximately l£ million aorgen are Hative-owned and of this consid­erably over one million morgen of such land are in the Transvaal. There are still approximately 3-4/10 million morgen of land to be acquired in terms of the Native Trust and Land *kct (No.18 of 1 9 3 6 )* if the quota? prescribed therein are to be fulfilled.Although there is a large disparity between European-owned land and Native areas, the Rain-fall Map £ shows that much of the European land is arid, whereas most of the Native areas is in good rainfall areas. Moreover, census figures show that there are more Natives living on Suropea farms than in Native areas.

Topographically the country varies from well-v;atered foot­hills east of the Drakensberg at an elevation of 1000 - 2000 feet above sea level to the seal-arid plains of ; echuanaland with an altitude of a proximately 4,^00 feet. The soil along the littoral and in rarts of the Northern Cape Province is sandy, but it varies greatly through all gradations to the black turf of the Northern Transvaal. Fertility therefore fluctuates to a considerable degree depending on soil, climate and irrigation potentialities,

Climate.

This la profoundly affected by the elevation of the land surface, which rises from the Coastal Plain to the High Veld,i .e . from approximately 500 feet to 5000-6000 feet in the north­eastern Transvaal and considerably more at Wlt*ieshoek Native Reserve, which is part of the main watershed of the Union. There is therefore a great variety of climates e .g ., from the sub-tropical and malarial valleys of the lowveld to the bleak dry winters of the Highveld.

Yep,station.

As this depends on soil and climate the flora changes from the forests of the Drakensberg valleys, through the parkland of Northern Zululand and northern Transvaal to the desert shrub country of northern Cape Province. Oraaaland is the dominant vegetation, varying from tall grass east of the Drakensberg to mixed grass in the western Transvaal and northern Cape Province.

(1) Of the total extent of the Union, approximately 100 million morgen is European farm land.

(b) Tti£ IbXjPLS

According to van > armelo (1935) the Bantu may be grouped as follows:-

1 . Bgunl,including the Xhosa, «&ulu and Swasitribes.

2. Tonga or Shangaan, migrant* from iozarablque composedof a large number of loosely knit unit a.

3. Sotho, also em racing the Tswana tribes of the weBt.

4. Venda, a "culture complex of exceptional homogeneity,

5 . Lemba, a few hundreds in iioutapansberg as well as recentImmigrants from chiefly Mozambique and ?;yasaland and In number a hundred thousand. ( 2 ).

Characteristics.

The Ngunl live chiefly east of the Drakensberg and have a marked cattle corarlex. Their habitations are be*hive-like in shape, the village Is circular in rlan, with the cattle kraal in the centre, there is a divialon of the "polygamous h uashold" into right-hand and left-hand huts, and an elaborate ceremony Is associated with the early harvest. The language has Mcllcksrt.

The Shangaana are more interested in agriculture, have but few cattle and live in the north-eastern Transvaal.

The Sotho have huts with conical roofs, totemiara la marked aa la a cattle complex, and tne snen have "the pre-emptive rip;ht... to marry their maternal cousins*. They live in the highveld.

The Venda had few cattle in the past, but under European pro­tection quite a number have been a c q u ire d . Van v»ar elo states that their oulture Is characterised by absence of circumcision which, however, is gaining round, peculiar forms of tribal Initiation and special reverence for the chief. Their home la in £outpanaberg.

The Lemha are Semites wno practlae circumcision, do not in­termarry with non-Lemba, have no chief and live by trade and barter.

Philologically the main groups are: southern Sotho, Zulu and Xhoaa; Shangaan; Northern Botho or Pedi and Tawana; and Venda,

Administering theae tribes through the /\dmlniatrative Branch ofthe Dermrtraent are the chiefs and headmen tabulated below:-

N. Areas. W. Areaa. Natal. Trarakelan Clskei TOTAL ____________________________ Terrltorlea ____ _ _ _ _ _

Chief 8 88 1*0 310 JO 7 475Headmen 9 93 1 387 25° 1 ,2$

The emolumenta of the chiefs vary from the scale of £24-84 p .a .(453 ) to £950 p .a . The chiefs are hereditary.

The salary scale anplioable to headman is i'24 x 6 -42 p .a . They are appointed by the Department.

A few chiefs reside outside Native areas.

(2) This total is made up as follows:- N. Rho. eaia 5,700, Nyasaland 33,400 and S. Rhocesia 25#00 (194b). The Native Laws Commission (U .G .28/48) reports that apart from 100,000 Mozambique Natives legally recruited for the mines, there are about 45,300, most of whom are prohibited immigrants in terms of the Immigration Act. As is wall

known Natives from the three High Commission territories are not

prohibited immigrants.

The Native population is not conoentr&ted in the so-called Native areas ut is widely distributed, especially in urban areas on European farms and on Crown land administered by the Department of Lands. The following statistics are of interest:-

T&hle showing increase of Native population: Union.

1911 .............. 4,019,00bJ921 .............. 4, 697, SI 31936 ............... 6, 597,241

........... 7#S05,592 Owing to difficulties in takingcensus it is likely the total was nearer 8 million.

(b) showing distribution of Native population: Union.

Year Urban European farms "Native" areas TOTAL

5?7*000 (4 ,110,313 rural Natives) 4,697 811

, 7? ^ 56? 2 , 962, 39b 2,888,731 6,596 6891946 1 ,685 ,212 3,106,000 3,014,380 ?, 805,592

The main facts which emerge are that the Native population is increasingly steadily owing to the improvement of medical and social services and that in spite of the increasing drift to the towns a

greater proportion reside in the rural areas than is the case with the other races (European, A sia t ic and Coloured).

„T? e ?fnsi ty of P<>P»4afcl°n per square mile in Native Areas varies from 3 in the Eastern C-privi Zlpfel to approximately 140 in St Marks, Transkelan Territories. Probably half of the Transkeian ’ aistrlots exceed 110 souls per squax*e mile.

?e?8ua* Europeans, Coloures and Asiatics number-ed 2, 3f2, b90, 928,484, and 285,260 respectively,

(0) native society

v the tribe there exists in primitive soolety a remar-Kat>ie division of labour as between men, women and children the %omen bein responsible for crop production. Everyone is provided for and social security is seen at to best. Dietary is governed by the seasons and there is always food for visitors, milk bein*- a staple article of diet among the Ngunl and botho.

The people, who have withstood the vicissitudes of war, famine and disease for centuries, have a striking knowledge of the environ-

T h * UmU L ’+IZ™* hoy* i nOW eI e ry p l *n t by a d i 8 t m o t iv e naxae.Th, native takes all he can from the natural resources around hime,g,m soil, P;rass and forest, without thought for the future Hie belief in ancestral spirits is still marked. He is generally’cour­teous, honest, cheerful and loyal to his master, whether it be Chief or European,

The male is leisure-seeking, self-satisfied, in many oases polygamous and responsible for the livestock side of his husbandry In tne course of centuries he hae evolved a type of cattle which suits him well, being small, hardy and aoolle as well as drought-

-^leran* of tick-borne diseases. He also possesses a sound code of law and has a strong sense of Justice, in fact expects prompt action if he errs.

, Th“_ feraal® occupies a humble position in the home comparedHI «ir5f eftn al?t#r* »ot only does she accept philosophicallyher role of hewer of wood and drawer of water* out she has pro­nounced Ideas of her value to the family and to the tribe as the nearer of ohildrsi. Her duty also being to provide food, it is not suprising that she hae evolved in the course of oenturies a type of agriculture which suits the uncertainties of the sub-continent. This

Multiple propping, formerly on a oasis of shifting cultivation

I «r* in‘ *>'a w o t ensured orop rotation,a well-balanced diet and some food in a period of drought or disease.

(d) Miaaionary Influence.

It is extraordinary what advances have been made by the Bantu during the past century and a quarter. It la difficult to appreciate the evolution that has taken place during that short period from ancestor worshipping savages to Christian citizens, aule to hold their own in modern civilization as chauffeurs, nurses, teachers# clerks, policemen, sol iers, artisans, cocks, waiters and sraall businessmen, etc. As Brookes (1924 p.b) states *0f all the forces which are at work to assist in the evolution of the Bantu ... the Christian religion Is the greatest."

Missionaries, in particular, have done splendid work In educa­tion, a fact not recognized as it should be by many of the Bantu

themselves.

The number of church and school sites in Native areas are shown

The number of Native churches recognizes by the Department in terms of the Report of the Native Churches Commission (Blue Book U.O. ■*9-19 2 5 ) is b9 * As certain requirements have to be fulfilled e .g . , separate and continuous existence for 10 years, recognition is ° ^ y given to bodies of good standing. Over 1,088 applications have been turned down but many of these churches nevertheless still function.

While it is reg retted that there is so much division In Native Christianity! it is clear that although realizing the benefits of organization Natives are desirous of finding an outlet for their limi­

ted scope In leadership*

As traders “form an Integral part of life In the Native Reserves" (Social and Economic Planning Council, Report No.9, P .10 ), It Is necessary to give a few details of their activities. Mot only do they supply a multitude of commodities varying from groceries to farming implements, but they purchase Native produce and, in the case of grain, store it and sell It again naturally at higher prices before the next season's cropes have been reaped.

Although trading is a “safe and fairly profitable form of business", yet were it not for the traders many Native families woul<3 be in a sorry plight during times of stress, e .g ., droughts, sicken?ss, etc ., for the traders are generally good-natured and "carry them" until times are again favourable.

below

Province Church & School Church site only School Site On

TransvaalNatalTranskeian Territor CapeOrange Free State

UNION 1 . 223 B i l l

(e) TRADING

The following/

The following fi,ul!es atfs of Interest:

(a) No. of Native Traders:

Areas

Area falling under D.N ,L ." " " G .N .C . Cane- » * Natal* * " " Northern Areas.* * “ " Western /O’sas,

Urban ^reas Rural Areas TOTaL

1,8617 8 6 397 362

......, 793

9 0 685

1 , 5 6 6751250

2*767S71

1,9*31,113

S,199 3.57* 7,777

Transkejan Territories:

Native Trading Licences: 263

(b) No. of Tradlig Licences Issued to Natives during 1947:

Province:Transvaal ................ 154Natal ............................ 220Cape «« 4bOrange Free S t a t e ... . 13

TOTAL Wi

(c.) No. of European Traders In -

Native LocationUrban

Nativelocation

TOTaL

^rea under C.N.C. Cape 1 8 2 15 197a n « Natal 159 2 2 181it M " N.Areas 225 1 1 236H N " W. Areas 115 13 1 2 8M M C.1E* Umtata ... 733 733

1414 6 1 ... i f l i .

(F,) CHIME

While crime has undoubtedly increased in the post-war years, it must be emphasized that the same position has arisen In regard to othe raoes. While there is a fear that the dflft of the Natives to the to w * will lead to a "black ganpster menace", it must be remembered that crime in the rural areas is rare. Indeed there are few “bad" Natives. So responsible are they to environmental conditions, that, escept for a s'nall proportion of rfold timers", if given the necessary attention, especially economic, crime can be reduced considerably. Not only are there a number of laws ® .g ., pass laws which apply only to Natives, but many criminals are actually from territories beyond our borders.

(g) THE PROBLEMS R -:3uLTINa FROM EUROPEAN SETTLEMENT

For over a century the Influenoe of the European has had a dis­turbing effect on Native society, but the difficulties have become greater slnoe the First ttreat War (1914-18) when both the rise of industrialisation and the evils of soil erosion have become more mani­fest. While originally the conception was that Europeans tnainly peopled the urban centres and the Natives the rural areas, to-day not only Is the root of the roblem still in the Native reserves, but the fact must be faced that there is a permanent urban Native population which is growing.

The drift to the towns is primarily due to the efficiency of the medical and veterinary services of the £tate. As the result, multi­plication of people and livestock has increased to such an extent that

the land/

(whose development the Native male views with repugnance) under present conditions no lonu'er supports the rural population or livestock. Consequently the abift-bodied Native is compelled to offer hia services in the industrial centres clamouring for labour. The problem is therefore an econo sic one and while the tribalized Native prefers working for a period in the towns and then returning to his home for a change, hia dgtrlbalized brother frequently prefers to remain In the urban areas. Thus arises the conflict between the advantageb of migratory and settled labour. In any case the time has arrived fpo a consideration of the best way of utilizing Native labour.

Associated with the above nhenomena are the following difficultiesJ-

In rural reserves.

1 . Through absence of many menfolk 1 . the families lose to some extent their life and soirit.

2. The lands are not properly v.torked, 2. although If the men were at homefew would orobably assist in the farming operations. Crop produc­tion is less and soil fertility remains low.

3. Overstocking leads to over-grazing 3 . and not.only is there a reducedmilk yield but the veld continues to deteriorate.

4. Malnutrition and 111-health follow, k.

5. Forests are destroyed with the 5 .result that springs dry up and water supplies are reduced.

6 . There is soil erosion due to lack b, of vegetal cover and rain and dust storms do considerable damage.Along the coast there Is the menace of drift sands.

7 . River beds silt up and desslcation generally threatens the land.

8 . Since many able-bodied men are in the towns the European farmers (who supply the food of the nation) complain of the

'scarcity of labour.

It is because of the position described above that the Department hae embarked on a long-term rehabilitation policy as d*scrlbec' in the Whlte Taper "New Era of Reclamation" being a detailed state­ment of policy introduced by my predecessor (Dr. D .L . Smlt) at a special session of the Clskelan General Council at Klngwilliarastownon gth January 19*45. ___________________ ____________________________"(3) In this regard par a. £$( 7 ) off the ^agan Native Laws Commission states rtit I s . , necessary that the emphasis should be shifted from the local to the central authority," i .e . the Stats.

In Urban locations.

In spite of the efforts of munlolpal authorities, over crowding is rampant, lead­ing to so-called *\shanty-

towns*, (3) •The inhabitants do not ot-tain the protective foods which are more easily pro­cured in the country, hence mortality of infants is high.

Owing to relatively high cost-of-living, women take to prostitution, and there Is Juvenile delinquency.

Crime in the main increase1 e .g . urglaries, assaults, etc.

Agitators so lower the morale of the people tib the individualistic ru Native is In danger of becoming Communistic 1 his outlook.

The European ratepayers who provide the funds for the building of Native villages become dissatis­fied since their own ser­vants are satisfactorily accommodated at their residences.

ADMIHISTHhIIQM

Central Administration

The Executive authority for the administration of Native Affairs rests in the Minister of Native affairs wno is in con­trol of a Department of State under a Secretary for Native Affairs. The Department is responsible for the administration of all legislation especially affecting the Natives.

It is of interest to mention that the (Governor-General has wide powers to legislate by proclamation in scheduled Native areas and in resr>ect of land owned by the South African Native Trust. Such powers were conferred upon him, originally In the Transkeian Territories under the several annexation statutes, and later in other Native areas by virtue of the Native Adminis­tration ^ct, 1927* and the Native Trust and Land Act, 193^» As a result the Native areas are largely administered and controlled by a network of proclamations and regulations. Vhatever criticisms may have been levelled at the system of delegated legislation, experience has shown that it would have been impracticable effectively to administer the Reserves without suoh powers.

Advising the Minister in regard to “any matter relating to the general conduct of the administration of Native Affairs" is the Native Affairs Com:uisalon ci*eated under the Native Affairs “Ct Noi23 of 1920, which also made provision for the establish­ment of local councils In Native areas.

Of importance is also the Native Representative Council (Act No.12 of 1936)i an advisory body which, among other fun­ctions, considers and reports unon proposed legislation insofar as it may affect the Native people. Native voters in the Cape Province in respect of wnom a separate Native Voters' Roll exists elect 3 Luropeans to represent them In the House of Assembly and2 in the Cape Provincial Council. The Natives of the Union as a whole elect 4 Europeans to the Senate, under a system of representative voting by means of electoral colleges consisting ovf the General Council (for the Transkeian Territories) and the Looal Councils, chiefs, electoral committees and Native Advisory Boards for the rest of the Union outside the Transkeian territories.

District Administration

The Union has been subdivided into the following Chief Native Comr issioners' Areas:-

t

Northern Areas with headquarters at Pietersburg Western * " " " PotchefstrooraNatal » » m h PietermaritzburgTranskeian Territories with headquarters at Umtata.Cibkel with headquarters at Klngwiliiamstown, and finally Witw&tersrand with headquarters at Johannesburg.

In each Chief Native Commissioner’ s area or control are a varying number of Native Com issioners, by whom the district administration is carried out. Chiefs and Headmen also play an important part in the district administration, ana apart from their administrative functions many chiefs exercise judicial functions In civil matters between their tribesmen and to a lesser degree criminal Jurisdiction has been conferred on some c hiefs in resoect of minor offences.

Native Administration Act. No. 38 of 1927.

The main objeot of the above was to consolidate the systems of Native Administration throughout the Union and generally to facilitate administration.

owers/..........

Collection Number: AD1715

SOUTH AFRICAN INSTITUTE OF RACE RELATIONS (SAIRR), 1892-1974

PUBLISHER: Collection Funder:- Atlantic Philanthropies Foundation

Publisher:- Historical Papers Research Archive

Location:- Johannesburg

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