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1. The Seoretary to read the Government Notice convening the Council.

2. Prayers.3. Opening address by the Honourable the Minister of Native

Affairs.

KEPKESEMTATITC COUHCIL.,r - r , _ I II ■ , 'I .

sion : Pretoria : 24th November. 1941

a , c m . b ,* ♦

4. Reply by one of the members of the Council.5. Chairman to call for notices of motion, doouments to be

tabled and questions.6. To read, and if approved, to confirm the minutes of the

meeting held on the 6th December, 1940.7. Chairman to furnish further replies to resolutions adopted

at the fourth session of the Counoil.8. The Chairman to address the Council on the South African

Native Trust Estimates of Revenue and Expenditure for 1942/1943.

9. Appointment of Select Committees.

e d u c a t i o n.10. Education Estimates : Addresses by Provincial Eduoation

Representatives.11. Councillor Dube to movs:

"That this Council, while appreciating the great advance that has been made during recent years in the financing of Native Eduoation, feels that there is still need for further funds, and suggests that the amount paid from the poll-tax for development purposes be inoreased from 13/4 to 16/8 in the

12. Councillor Sakwa to move:"That the Cape Education Department be respectfully

requested to take into consideration the question of transport difficulties experienced by Native Visiting Teachers serving under it with a view to making them some equitable allowance either by means of adequate money allowance or providing them with suitable motor transport, to enable them to discharge their duties expeditiously and with 'efficiency; ana that the attention of the Department be drawn to investigations into this matter which it has sanctioned or undertaken but which have not yet resulted in anything tangible."

13. Councillor Gmaata to move:"In view of the inadequacy of salaries for Native

Teachers/..

Teachers in the Gape, Government be respectfully- requested to reconsider the whole question of employment of Native Teachers in respect of:-(a) Scales of salaries to be fixed in accordance with grade

of school or Teacher employed.(k) P e n s i o n s The Education Department to fall in line

with other Government Departments by giving pensions by the number of years the Teacher has completed or when he attains the required age and irrespective of the fact that he is not in the Good Servioe List.

(e) In case of Teachers who die before they are entitled to a pension, a refund of their pension contributions with interest be paid.”

14. Councillor Mshlyeni to move:"That facilities be provided to assist Natives in

obtaining school books for those of their children who are attending school.”

15. Councillor Mapikela to move:(a) ’’That this Council appreciates the action of the Orange

Free State Provincial Administration in inviting a member of this Council to serve on the Advisory Board on Native Education of that Province.

(b) That the Council expresses its disappointment at the refusal of the other Provinces to respond to the request made by the Council last year, and again renews its request in view of the advantages which would accrue to this Counoil from the knowledge which its representatives would acquire of the praotical difficulties in Native Education.

(c) That the Council deplores the action of the Transvaal Provincial Administration in refusing to allow any Africans to serve on the Advisory Board in that Province * and in setting up an advisory oommltteeto an advisory board rather than allow Africans to deal more dlreotly with their own affairs.”

16. Councillor Sllilo to move:(a) "That teachers in Government and Government Aided

Schools in Natal should be under the same conditions of service as Eduoation is a public servioe.

{b) That in view of the reports of growing delinquency this Council recommends that compulsory education in some form may be promulgated on all children of school age in the urban areas and in areas where the people desire it.”

17. Councillor Thema to move:(a) "That the Council has noted with appreciation the

improvements which have been effected >in the - educational facilities for African children during th# year, (including the abolition of school fee*)* and

fully recognises the whol6-hearted efforts of the Department of Native Affairs and the provincial departments of Native Education to make the best use of the funds available.

(b) Nevertheless, the Council feels itself in duty bound to draw attention to the large numbers of African children who have been turned away from school because of the lack of accommodation, teachers and equipment, and beoause of more stringent regulations; it also draws the Government's attention to the fact that out of the estimated school age population of African children of only are in school, and to th6 further fact that members of this Council are everywhere faced with cries from their people for sohools for their children.

(c) The Council holds strongly that the present methodof financing the education of African children is not •only wholly inadequate to meet the needs, but is equally unjust to a people who contribute more than their share to the national incomes through their labour and their wages.

(d) The Council, therefore, again respectfully but determinedly presses the Government to finance the education of African children upon the same prinoipl6 as they finance the education of European, Coloured and Asiatic children, namely, by means of a grant based upon the full cost of the efficient education of each pupil; and

(e) The Council realises that there may be too many difficulties in th6 way of this principle being put into operation during the forthcoming financial year, and urges that, with a view to immediate relief, the remainder of the £1 general tax be made available to Native Education this year.*

GENERAL TRUST ESTIMATES.18. The Director of Native Agriculture to report on agricultural

development during the past year.19. The Senior Engineer to report on engineering development

during the past year.20. To consider the South African Native Trust Estimates of

Revenue and Expenditure for 1942/1943.

DRAFT LEGISLATION FOR CONSIDERATION BY COUNCIL.21. Regulations authorising Native Commissioners to give

consent to the administration of anaesthetics to. native juveniles, in the absence of their guardians.

22. Regulations in regard to the sale of native medicines through the post.

23. Regulations for the recovery of rates and fees due to Local Councils.

24. Regulations for the control of Circumcision Schools.25. A Bill to amend the Native Administration Act.

LAND MATTERS.26. Councillor Ndhlovu to move:

"In view of the fact that Native Reserves in Natal Province are overcrowded and there is also a fairly large percentage of Coloured people more particularly in Zululand, who could easily be absorbed elsewhere, as their movements are not restricted, this Council respectfully requests the Government to eliminate them."

27. Councillor Jabavu to move:"That the Department of Native Affairs be respectfully

asked to proceed with the settlement of Natives on Trust farms in fulfilment of the promised relief of congestion in the Ciskei. This request to be met in particular in the Kingwilliamstown district.”

28. Councillor Jabavu to move:"That this Council humbly requests the South African

Native Trust to extend to Native widows living on Trust farms the same facilities as are enjoyed by male rent payers in respect of residential occupation and arable land distribution."

29. Councillor Thema to move:(a) ’’That this Counoil, while appreciating the fact that

Parliament has already voted £6>00~Q7000~~7br the purchase oT~Tanc[ in released areas. deplores the decision of the Government not to ask Parliament to continue to make money available for this purpose.

(b) That this Counoil respectfully draws the attention of Parliament to the following facts in regard to the operation of the Native Trust and Land Act No.18 of 1936:-(i) The jty^bes^are profoundly disappointed to find

that they cannot acquire land in released areas but that the South Afrloan Native Trust Ts~~5uying the land and compelling tribesmen to £ay rent injperpetuTty.

(ii) The authority of Chiefs over the tribesmen on Trust land is not reoognised and minor officials (overseers etc.) who are Europeans are usurping this authority.

(iii) Many, if not most, of the farras bought by the Trust were already fully populated by Africans so that they offer no prospect of relief to the over-crowded locations or Reserves.

(iv) Owing to the inadequacy of the land made available to the African people, the'allotment

of/...

P

of land per head of family in Trust land is only 5 morgen arable and ten head of large stock. In most cases these allotments are quite insufficient to allow of family life on a civilised standard.

,{v) The restrictions on the use of trees imposed by the Trust has caused a great deal of dissatisfaction, largely because the restrictions have not been accompanied by the provision of alternative supplies of wood for huts, kraals etc., and by proper discussion with the tribes.In some instances Europeans are allowed to cut trees and to sell the wood,

(vi) The Native Trust has appointed large numbers of Europeans in various capacities on Trust farms, and these minor officials are causing ill- feeling among—the people through their domineering and arbitrary treatment~o3r~tSe people and even or~ cMeZsi The Council holds that preference should be given to Africans for these posts and that, if neoessary, Africans should be given training for the work.

(vii) iyo-encouragements or help is being given to individual Africans who have shown their initiative and capaoltv as farmers, and the Trust refuses to give the kind of help that the

/ Land Bank Gives to European farmers, 'xne people fftei that they are being doomed to be the holders ofsquaTtlna plots on which they can never hope to advance.(c) That for these and further reasons the Council

respectfully requests Parliament to appoint an>endent oommiasion to work out a land settleraent *an£Tdj^alopment policy which will offer the Afrloan people hope of advancement-. rr"~

//

30. Councillor Jabavu to move:’•That the Department of Native Affairs be asked not

t o vigorously pursue its policy of depriving Natives of , rarabl^Iandsln^fiie~orowh locations in the Ciskel on the ' //grounds of non-beneSjiifil occupation, before settling

Hatives in released areas. This policy may result in increased poverty, shortage of labour for the mines and in industry.”

31. Councillor Ndhlovu to move:’’That this Council feels that the money voted by

Parliament to buy more land for Afrioan people should be utilised for that purpose forthwith.

That the War incident should be no justification to postpone the purchase of more land for the Africans as living conditions in some Native Reserves are becoming more acute,”

32. Councillor Jabavu to move:"That this Council humbly requests the South African

Native Trust to acknowledge and take cognizance of the rights of minor sons of Natives who claim the right

of/...

of domicile on Trust farms, who, through their youth were not registered when the farms were purchased.”

33. Councillor Mshiyeni to move:"That the Government he requested to purchase the

farms in the Babanango District, on which are situated the graves of the Zulu Kings."

3^* Councillor Jabavu to move:"That the Department of Native Affairs be humbly

requested to negotiate with the authorities concerned (Divisional Council of Kingwilliamstown) with th6 object of making available for the free grazing of Natives' stock the following outspans:- Breidbach Outspan, Green River Outspan, Gwalana Outspan in the division of Kingwilliamstown, as these lands are only retained at present for purposes of

35* Councillor Balovi to move:(a) "That the Council respectfully draws the attention

of the Government to the faot that there are tribes in the Transvaal and Orange Free State for whom no land provision has been made, more especially the Swazi and Zulu tribes in the Eastern Transvaal and the Batlokwa tribe in the Orange Free State; and some of these tribes claim that they have historical rights which have been ignored.

(b) That the Council, therefore, asks that special investigations be oonducted among these tribes, at which their spokesmen should be able to plead, witha view to full and fair consideration of their claims."

LIMITATION OF STOCK.36. To consider the rftport submitted by Mr. J. Mould Young and

others in regard to overstocking in the Transkeian Territories. {See also Item No.105).

AGRICULTURAL AND ENGINEERING MATTERS.3?. Councillor Q.amata to move:

"That in view of the grave position that has developed amongst the small cattle owners in the Transkeian Territories, the Trust, in order to alleviate the position, be respectfully requested to vote additional funds to buy and loan bulls to those locations that are willing to make provision for the upkeep of suoh bulls."

36. Councillor Baloyi to move:(a) "That the Council considers that there should be

facilities for agricultural training in the Transvaal and Orange Free State, and that these facilities should provide for:-

/ ' /(i) training for boys and girls on the lines of the

Freemantle school at Glen Urey;(ii‘) training of agricultural demonstrators and

overseers after the Junior Certificate grade;(iii) training of agricultural offioers after the

matriculation grade*(iv) short courses for men' and women who want to

learn more about farming.(b) That the Council emphasises the importance of girls

and women being trained in agricultural and allied pursuits so that they may help their menfolk with such activities as poultry-keeping and bee-keeping.**

39. Councillor Q.amata to move:"That in view of the meali6 crop failure this year

in the Transkeian Territoriesr the Government be respectfully requested to suspend the operation of the Mealle Control Act.” ‘ c

URBAN AREAS.40. Councillor Godlo to move :

’’That this Counoil is strongly of the opinion that the relations between the urban local authorities and Africans in the towns could be greatly improved and good government facilitated if urban Advisory Boards established under the Natives (Urban Areas) Act were given some modicum of civic responsibility in their areas. With that object in view the Council recommends the extension and clear definition of the functions of such Boards.'*

41. Councillor Baloyj to move;’’That this Council deplores the aotlon of the

Transvaal Provincial Administration in depriving the African and Coloured residents of Alexandra. Township of effeotive representation on the Health Committee of the Township, thereby ignoring the recommendations of the Native Affairs Commission; and the Council also deplores the aotion of His Honour the Administrator in seeking to press the residents to agree to his action and to ignore elected representatives on this Council and in Parliament."

#42. Councillor Silllo to move:

’’That in the opinion of this Counoil, experiments should be tried in the direction of relaxing the curfew

^ [ regulations, with a view to their ultimate abolition if oarefulfly tested experiments over a period of time show that the suspension of the regulations does not lead to an increase in crime.”

43. Councillor Baloyi to move:(a) ”That the attention of the Government be drawn to the

following f*ots in regard to Africans in urban areas:-

(i) training for boys and girls on the lines of the Freemantle school at Glen Grey;

(ii) training of agricultural demonstrators and overseers after the Junior Certificate grade;

{iti) training of agricultural offioers after the matriculation grade.

(iv) short courses for men and women who want to learn more about farming.

(b) That the Council emphasises the importance of girls and women being trained in agricultural and allied pursuits so that they may help their menfolk with such activities as poultry-keeping and bee-keeping."

39. Councillor Q.amata to move:

’’That in view of the meali6 crop failure this year in the Transkeian Territories, the Government be reap^at-* fully requested to suspend the operation of the Mealie Control Act."

URBAN AREAS.40. Councillor Godlo to move:

’’That this Council is strongly of the opinion that the relations- between the urban local authorities and Africans in the towns could be greatly improved and good government facilitated if urban Advisory Boards established under the Natives (Urban Areas) Act were given some modicum of civio responsibility in their areas. With that object in view the Council recommends the extension and clear definition of the functions of such Boards.”

41. pouftoillor Baloyj to move;"That this Council deplores the aotion of the

Transvaal Provincial Administration in depriving the African and Coloured residents of Alexandra Township of effeotive representation on the Health Committee of the Township, thereby Ignoring the recommendations of the - Native Affairs Commission; and the Council also deplores the aotion of His Honour the Administrator in seeking to press the residents to agree to his action and to ignore- elected representatives on this Council and in Parliament.”

42. Councillor Silllo to move:"That in the opinion of this Counoil, experiments

should be tried in the direction of relaxing the curfew regulations, with a view to their ultimate abolition if carefully tested experiments over a period of time show that the suspension of the regulations does not lead to an increase in crime."

43. Councillor Baloyi to move:(a) "That the attention of the Government be drawn to the

following fA-ots in regard to Africans in urban areas

(i)/...

(i) The housing programmes of municipalities have at no time been sufficient for existing needs of the Afrioan people in urban areas.

(ii) The prohibition of freehold ownership by Africans in urban areas has reduced very considerably their ability to build their own homes, and has raised the price of the available land to exorbitant figures.

(iii) Even where municipalities allow Africans to build their own homes in locations, the fact that the ground is leased (on a monthly basis) and the further fact that those who have the funds to lend on mortgage are usually non-Natives and therefore cannot have any interest in stands in urban locations, minimise the chances of Africans building their own homes.

(iv) The great increase in the European urban population in recent years and the large-scale developments in commerce and industry in the Union are responsible for considerable increase in the urban Native population. These developments have been dependent upon adequate supplies of African workers being available, but no proper thought has been given to their housing.

(b) For the above reasons the housing of these workers has become an urgent national problem, and should be regarded as an integral part of the national policy for the economic development of the country.

(c) The Council urges the Government to revise its housing programme in the light of the foregoing and to reconsider the principles on which housing schemes should be financed.

(d) The Council also strongly urges the Government to provide ample opportunities for Africans to acquire freehold land in and near urban areas and to b#lp them to help themselves to build their own homes."

44. Councillor Silllo to move:"That in view of the growing importance of the work

of the Advisory Boards and the growing interest amongst the Natives generally to serve as members, this Council recommends that the Government should lay down clearly by memorandum their duties and functions and suggest ways and means by which they be made more useful."

LABOUR : WAGES : MINES ; COMPENSATION.45. Councillor Ndhlovu to move:

’’This Council is of opinion that the Government 3hould draft a Farm Labourers’ Charter which would protect the living conditions of the Africans on farms, provide an effective means of making child labour illegal, protect the labour tenant and the labourer against injustice, and

make/..

make it impossible for a labour tenant to be ejected, except for non-fulfilment of contract, until he has been abl6 to make satisfactory arrangements for himself in some other farm or scheduled Native area."

46. Councillor Jabavu to move:"That the Department of Native Affairs be humbly

asked to negotiate with the Railway Administration with the object of securing a uniform scale of pay for Native and Coloured railway servants who perform equal work, and this adjustment to be also made in regard to war allowances which are at present paid on the basis of colour,"

^7. Councillor Sllilo to mov6:(a) "That while this Council expresses appreciation of the

amendments that have recently been made by Parliament to improve the Act so that injured persons will now get better consideration, still feels that those engaged in work described as Domestic Service and those in recognised industries situated in rural areas should oome under this Act. ,

(bj That it is the opinion of this Council that it would be of the greatest assistance to the injured person if the provisions of the Aot were fully explained to him by a senior or responsible officer of the department concerned, and that every assistance should be given him to secure a more equitable proportion of his earnings aa compensation.

(0) That compensation to those run over by motor or other vehicle when not on the business of an employer should apply."

48. Councillor Ndhlovu to move:"This Council requests the Government to ask the Native

Affairs Department to investigate the rates of pay and conditions of work on the Natal Coal Mines."

49* Councillor Baloyi to move:(a) "That this Council draws the attention of the Government

to the fact that substantial benefits amounting to many millions of pounds have been granted by the Gold Mining Industry to its European employees during the past few years, and that the African mine workers have not shared in these benefits, and that any improvements effeoted in the pay and other conditions of African workers have been inconsiderable in comparison.

(b) That the Council therefore asks that a special enquiry be made to ascertain what steps can be taken to improve the pay and to secure other benefits for the African workers, and that non-official representatives of the African people be included in the personnelof the body appointed to make the enquiry."

- i d -

50. Councillor Thema to move:(a) "That the Council is profoundly dissatisfied with the

existing benefits available to African workers under the Miners’ Phthisis legislation, and also with the provision for the medical care of sufferers from various forms of the diseases covered by the legislation,

(b) That the Council urges that the position of the African workers be reviewed comprehensively and that adequate representation, both official and non-official, of their interests be secured in the personnel of the body appointed to make the enquiry.”

51. Councillor Llapikela to move :’’That the special attention of the Government be drawn

to the abject poverty of the Afrioan people in the smaller towns and villages of the Union, and that the Wage Board be requested to make a special sample enquiry into the wages and other working conditions of African employees in these areas, with a view to appropriate action for uplifting the people.”

52. Councillor Baloyi to move:

"That the Government be again urged not to delay any longer in offering trade unions of African workers recognition on the conditions already approved and that the Government be urged to recognise the value of properly organised unions because(a) they provide the workers with constitutional means

of presenting their claims for redress of individual wrongs and improvements in working conditions;

(b) they are the best means of ensuring that industrial agreements and wage determinations are carried out.”

53. Councillor Thema to move:(a) ’’That this Council expresses its disappointment over

the failure of the farmers of the Union to respond to the calls mad6 on them by the report of the Committee on Native Farm Labour to improve the conditions of farm labour, even to the extent in many districts of refusing to collaborate in the formation of local advisory committees.

(b) That the Council requests the Government to recognise that much greater pressure must be brought to bear upon the agricultural industry to make steady but substantial improvements in these conditions if the countrysideis to be saved from total loss of its labour.

(o) That the Council urges the Government to warn thefarmers that unless they take early and active steps to put the conditions of farm labour on a sound basis, action will be taken by the Government to introduce a system of wage regulation similar to that which is operating in secondary industries today.”

5**. Councillor Jabavu to move:"That the Department of Native Affairs be humbly asked

to pay Native Rangers on Trust farms the salary increments due to them as according to the years they have done service."

55. Councillor Sililo to move;(a) "That this Council urges that the minimum rates

determined under the Wage Act be extended so as to apply to labourers in Union Government and Provincial employment and that municipalities be pressed to act accordingly.

(b) That investigations be made by the Wage Board or in some other way into the possibility of improving the lot of Bantu workers in the small towns of Natal especially, and in recognised industries situated in the rural areas, with a view to raising their wages which are at present deplorably low."

56. Councillor Sakwe to move:*’’That the Department of Agriculture and Forestry be

respeotfully requested;-{(1) to restore the deductions made during the depression

of 1933 from the salaries of their Native employees under the Veterinary Department in the Native territories;

(ii) to grant suitable increases to these officials inaccordance with the work done by them as compared to that done by similar Native employees of the Native Affairs Department who are themselves on fixed Establishment."

5?. To consider the report by the Select Committee on thereoommendations of the Native Farm Labour Committee (Standing over from Fourth Session - G.5)

EMPLOYMENT OF NATIVES IN THE PUBLIC SERVICE.58. Councillor Ndhlovu to move:

’’That this Council wishes to record its sincere IS I f gratification at the~actJ~orr'of~thfl "Government, in t.hrmff-inf f // open a number of more highly paid posts In the Native

Affairs Department to qualified African Clerks."59. Councillor Baloyj to move:

(a) "That the Counoil desires to thank the Honourable the , Mljiis£ex_-a£-Nat jve_ Affairs and^thi~Honourable theMinister of Posts and Telegraphs for their actions in opening up new avenues of employment for educated Africans in Government service.

(b) That with a view to further developments in this direction, the Department of Native Affairs be asked to submit to the Council annually a table showing the existing and new posts open to educated Africans in

Government/..

Government service with the salary scales applicable, so that the Council may each year disouss possible i^veJLopme ats* 11

(c) Ihat the Department of Native Affairs be asked to place on the table at this (1941) session a return on a provincial basis of the Europeans and Africans employed as overseers, etc., under the South African Native Trust, and that the possibility of Afrioans being more generally employed be discussed by the Council.”

CHIEFS AND HEADMEN.60, Councillor Jabavu to move:

"That this Council humbly requests the Department of Native Affairs to raise the minimum stipend of headman to £2 per month for the first year’s service, as their multifarious duties preclude them from earning a living otherwise.”

61, Councillor Balovi to move:(a) ’"That this Council considers that the position of

Chiefs and tribal authorities in relation to the Government of* the African people in the Native areas and on Trust land has become confused and a cause of great dissatisfaotion among both chiefs and people, and is the cause of the increasing unwillingness of chiefs and people to co-operate with Government officers.

(b) That there are many chiefs and headmen who are reoognised as suoh by the Afrioan people and held in high respect by them, but who are ignored by the Government, with resulting dissatisfaction and resentment.

(c) That the Council, therefore, requests the Government to appoint an independent commission, including at least one African, to investigate the position, and to make recommendations aiming at the placing of tribal authorities on a sound footing and at securing more effective co-operation between the Government andthe African people,”

62. Councillor Jabavu to move:"That the Department of Native Affairs be humbly

asked to raise the scale of allowances paid to chiefs so as to enable them to live in social dignity compatible with their standing.1’

SOCIAL WELFARE.63, Councillor Ndhlovu to move:

’’That in view of the great difficulty in securing poor relief grants, and the number of cases of crippled or

otherwise/,.,

Collection Number: AD843

XUMA, A.B., Papers

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