IsiXhosa Intellectual Traditions (IsiXIT) Digital Archive

WRITNG on the 30th June, 1884, to the members of the native Educational Association in reply to a communication from that body on the inconvenience to Native travellers resulting from the pass regulations, the Under Secretary for Native Affairs observed that ' it was ' in contemplation to submit a Bill to ' amend the Pass Law for the con' sideration of the legislature, but, ' while regretting that he will not ' be able to carry out that intention ' during the present session, Mr. ''Secretary DE WET will move the ' attention of Government to the ' matter ' Many of our people will, no doubt, be surprised to learn that, notwith- standing the fact that they have suffered great hardship in imprison- ment, fines, and disgrace for alleged infringement of the Pass Law, there really was no law that they had broken. And it is remarkable that under these circumstances the country should not have howled against such injustice. The fact is, whatever Pass regulations are in the Statute Book deal with Native foreigners, or people who live in territories beyond the jurisdiction of the QUEEN, and according to the strict letter of the Law the Certi- ficate of Citizenship was intended for Fingoes who might, if they elected, take it to distinguish them- selves from the other Natives. With respect to the other Natives there is no law whatsoever. It has now been found necessary to have a law under which open action might be taken, and Mr. DE WET, the Secretary for Native Affairs has engaged to introduce a measure which he will ask Parliament to pass during the ensuing session. As the matter touches the Natives closely, and as it is his evident desire to deal fairly by the Natives, the honourable Secre- tary will naturally avail himself of the opinion of the Natives in draft- ing a Bill, we invite discussion of the subject in these columns. We believe we reflect the views of our people, however, when we say that as far as they are concerned they would be extremely pleased if the Pass Laws were done away with altogether, as a useless and vexatious impedimentum. That this is the case has been demonstrated over and over again to such an extent that we cannot possibly shed fresh light on the subject. Among the official records there are dissertations for and against the Pass Law by officials of considerable experience and learning which we will rely upon in showing the futility of the Pass. It will be discharging a simple act of justice to those of the opposite school in noticing the argu- ments upon which they base their case in favour of the Pass. All the information on this subject is to be found in the Report of a Select Committee of the Legislative As- sembly to consider the Pass Laws of the Colony, and which was pre- sented during the session of 1883, From this Report it would appear that those who think that the Pass Law might be dispensed with with little or no injury to the State, while their existence is a source of ever- lasting worry and annoyance to a large portion of the community— this school of thought, we say, found an able and fearless representative in Mr. HEMMING, the present Magistrate of King William's Town, whose experience has been dearly bought by no inconsiderable period of service in frontier towns. To be candid, the unjust charge of negro- philism cannot be justly laid at the door of the Civil Commissioner of King William's Town, and his evi- dence is proportionately weighty as it comes from an independent source. In Mr. HEMMING'S opinion Passes might be done away with altogether inasmuch as they are a drag on the supply of labour. Questioned whether he would not put some restrictions on the roving propen- sities of Natives he replied that he would if he could, but reminded the Committee that the Natives 'are British Subjects and are to a certain extent free agents.' About the most serious objection to the Pass, Mr. HEMMING pointed out, is the delay that Natives experience at Magistrates' Offices where the Pass officer is not always pen in hand to grant a Pass to every Native who calls so as not to keep him waiting. ' I have myself,' Mr. HEMMING frankly admitted, ' kept ' men waiting for days for a Pass, ' simply because I have had no ' time to attend to them.' And, we venture to say, if the Pass officers were asked the same ques- tion to-morrow, they would, as honest men, reply in a chorus of ' Amen.' The vexation and expense to which the poor black man is put by these delays can better be imagined than described. Many times Natives have to go long distances and not unfre- quently to the opposite direction for their Passes. We might go on citing the hardships likely to be produced by the Pass Law if it is to take the shape of the brutal and tyrannous regulations issued in the days of Mr WILLIAM AYLIFF'S tenure of the office of the Secretary for Native Affairs, but with the state- ment embodied in Mr. HEMMING'S evidence we must close the case for the Natives. The other school has its spokesman in Mr. J. ROSE-INNES the Under-Secretary for Native Affairs who thinks that the Pass should be retained. In his opinion it is a pro- tection to the Natives against the provisions of the Vagrancy Act, which punish every person wander- ing abroad and having no visible lawful means, or insufficient lawful means of support. This argument in favour of the Pass would do for white men also for according to the letter of vagrancy Act it is not, though it may be so as now put in practice, a measure intended for the Natives only. And to propose a Pass for Europeans as well would create a revolution. It is not clear, moreover, at any rate not in our opinion, that the pass can save a man from the clutches of the Va- grancy Act, for this Act is satisfied with nothing short of visible means of support as a protection against it, and a native may as well carry a handful of mealies than a Pass. It is also supposed that the Pass will stop stealing. We fail to see how it will. The Law as it is for- bids the removal of cattle without a Removal Pass. Besides, even under the existing circumstances, it is very easy and is a protection to anyone with an intention of stealing to secure a Pass. How this is often ignored by the advocates of the Pass system for the Natives passes our humble comprehension. If there is to be a Pass Act at all, we think it might be a Permissive measure that might be promulgated in any district the Government of the day might feel called upon to check travelling and intercommunication. And at time, like these, when small-pox or any other contagious disease is decimating the population the act might be proclaimed or in times of disturbance. It would assist the Government and the Legislature if the Natives would express themselves on this matter as fresh legislation is to take place upon it during the ensuing Parliament. As some of the educated Natives can write in English we willingly throw open our English columns to such as may have considered this subject. Many members of Parliament take the Native Opinion, and would thus be in possession of the opinion of Natives on dealing with Mr.