House of Assembly: Vol14 - MONDAY 5 MAY 1930
The MINISTER OF NATIVE AFFAIRS, as chairman, brought up the first report of the Select Committee on Native Affairs.
Report to be printed and considered in Committee of the Whole House on 7th May.
Before the Order Paper is proceeded with, I would like to ask the Minister of Justice whether he is in a position to make a statement to the House on the unhappy occurrences at Worcester of which we have read in the papers. This House and the country are deeply shocked by what they have read, and it might have a reassuring effect if the Minister states the facts to the House, for the information of the members and the country in general.
The newspaper reports that serious bloodshed has taken place at Worcester are unfortunately correct, and, speaking generally, the details given in the press are also correct. These details are, shortly, as follows. On the 2nd May, that is on Friday, Senior Inspector Thomas left for Worcester to enquire personally into the state of affairs there. For some time past Worcester has been a storm centre, and Inspector Thomas went there for his own information to find out what the position was. On Sunday afternoon about 2.40 an African National Congress meeting took place of the type that has now taken place at Worcester more or less every week-end. A detective sergeant and two detectives who were attending this meeting saw an armed man in front of the speaker with a rifle and ammunition, and reported this occurrence to Inspector Thomas. They took no steps then, and left the meeting. They went back together—four of them—and the man in question (Zenie) was identified, and after some little difficulty was persuaded to enter the police car for the purpose of accompanying them to the police station. Inspector Thomas and White remained behind, and the other two went off with Zenie, and as the car drove off, White and Thomas were set upon by the mob and seriously assaulted. They managed to get off and sought refuge in a house. The Government car came up and, under a fusilade of missiles, Thomas and White managed to drive off. The District Commandant (Col. Barter) got all the available men (14), and he and Inspector Thomas went to where the assault had taken place with the intention of arresting the ringleaders. The chief assailant was identified, and, after some trouble, was arrested. After the arrest had been made, there was a murderous attack on the police who were compelled to retire, and they had to fire, and a number of the mob were killed and a number injured. Col. Barter and Walters were very seriously injured, and are at present in a very critical condition; eight N.C.O.’s and men were injured. Of the mob, five were killed and seven or eight wounded. After the firing the mob retired; the police stood their ground. Reinforcements were immediately sent for from Cape Town and Paarl, and arrived during the night. This morning the police went through the location, where all was quiet. A very serious feature in connection with what has taken place is that, as the police lorry was returning to Paarl to-day, it was fired on in Bains Kloof. Fortunately no one was hit, and a patrol of the C.I.D. was sent out to investigate the matter. An inquest will be held in due course.
Have any arrests been made?
No arrests have been made.
First Order read: Second reading, Union and Rhodesia Customs Agreements Bill.
I move—
The Bill is designed to secure ratification of the two agreements concluded in February last with Southern and Northern Rhodesia respectively. I have already, on a previous occasion, given the House a fairly full statement of the terms of those agreements, and it will not be necessary for me, at this stage, again to cover the ground which I then covered. These agreements will take the place of those entered into in 1924, and, generally speaking, follow on the same lines, with regard to the free interchange of products. Rhodesia obtains the right, under this agreement, to levy duties on certain manufactures of the Union; the Union also secures the right to prohibit the importation, free of duty, of leaf tobacco in excess of certain quantities specified in the agreement. The existing prohibition in regard to cattle below certain weights and beef and scrap tobacco remain unaltered. Southern and Northern Rhodesia will be able each to frame its own tariff instead of being bound by the Union and Customs Tariff which was in force in 1924. This will remove some of the reasons given by the South Rhodesia Government for denouncing the previous agreement, while the objections have been met satisfactorily by the altered basis of payment of duties on imported goods removed to Rhodesia; instead of a flat rate of 12 per cent, ad valorem, the original duties will, in future, be paid over, less a small charge for the collection of these duties at the ports. Under both methods it is evident that where the Rhodesian rates of duty exceeded the duty levied in the Union goods would be admitted into Rhodesia on more favourable terms than under the Rhodesian tariff. It is one of those difficulties pointed out by the Rhodesian Government and they held it was prejudicial towards direct importers, and defeated the object of the Rhodes Clause which provides for preferential treatment to Great Britain and the dominions. They accordingly proposed in the first instance that all open stock removals should pay duty on Rhodesian tariff rates. Such an arrangement with the consequent refund of duty to Union merchants would have effectively killed our open stock trade. A compromise was therefore arrived at under which on certain classes of goods, as specified in the annexure of this Bill, the Government would collect the duties before removal to Rhodesia. The most difficult point that had to be determined was the question of compensation to Rhodesia for the balance of trade in favour of the Union on goods of Union manufacture, and that was finally settled by retaining the 6 per cent, payment which obtained under the previous agreement, with the exception of those goods on which Rhodesia levies its own duties. In regard to certain classes the old rate of duty has been increased to 12 per cent.; that is on foodstuffs. There is a free interchange of products of the soil with the exception of tobacco. The effect of the arrangement as far as the Union Treasury is concerned is that on the old basis in regard to class 1 and class 2, that is excluding potable spirits, we paid about £17,000, and on the new basis it will be £28,000, and on classes 4 to 13, excluding motor cars, the position is this, that under the old arrangement the payment was £83,142, and under the new it will be £77,723. Then the excise duties also underwent a change. Under the old agreement we were paying £54,570, and under the new it will be £43,717. The totals of excise duties and customs duties are, under the old arrangement, £138,000, under the new arrangement £121,000. As I have already said Rhodesia retains the right to levy duties to be paid by her own citizens on classes 2, 3, and motor cars in class 4, and these duties on the present basis of trade will come to about £67,000, but in this is included £42,000 which is represented by the manufactured tobacco and cigarettes. This will probably fall away entirely in future, as the companies are now manufacturing their own cigarettes in Rhodesia. The arrangement, as far as Northern Rhodesia is concerned, is very much the same. As hon. members are acquainted with the history of the abortive conference which was first held, I am quite sure they will agree that the new arrangement which we have been able to conclude will facilitate, as much as possible, our trade with those two countries on a basis as favourable as it is possible to obtain. I am glad to say that since I made my statement, the country, as a whole, is satisfied that we were able to arrive at an agreement under which the old free intercourse will be maintained as far as possible. I see from the papers that the Southern Rhodesian Parliament has ratified the agreement, and it is now for this, Parliament to do so. I move the second reading of this Bill, under which the agreement will obtain the force of law.
I should like to say that the Minister and the Government will not find the least opposition from this side of the House against this measure. We have been wholeheartedly in favour of some workable agreement being arrived at with Rhodesia. I think the bulk of opinion in the Union has supported such a move, and in Rhodesia, where it was said there was grave opposition to the continuance of the customs union, we see that the agreement has been carried with, I think, the dissension of only three members. Although there has been so much talk of large and violent opposition, the bulk of the people were really united in favour of retaining the existing economic arrangement with the Union. We welcome this agreement. I know that it is very difficult to conclude any agreement of this kind. In previous years we have had, from time to time, difficulty about the customs arrangement with Rhodesia, and especially recently I know that the Government had very serious difficulties, so much so that the first conference at Pretoria was a failure. But I am very glad there has been this good sense supported by strong public feeling in the country, which has brought the two Governments together again, and which has eventuated in a successful agreement. Nothing could compensate for a breach in the economic relations between us here in the south and the sister states of the north. There is no doubt that every tie of interest binds together, and to continue the present arrangement of close fiscal relations is the only basis on which there can be general prosperity, and on which the greatest benefit can accrue both north and south of the Limpopo. I hope that in future this feeling will grow. Although we may be politically divided, yet economically southern Africa is one. Every effort should be made by our Government and the other Governments concerned in order to keep our countries together, and develop them on common lines. The agreement with Northern Rhodesia may turn out to be uncommonly important in the years to come. There is no doubt that in the last year or so a great change has come over the scene, and Northern Rhodesia will go ahead by leaps and bounds and provide one of the most extensive markets for the Union. I am very glad that Northern Rhodesia through all these negotiations has spoken with no uncertain voice. She has decided to remain by the agreement, and we shall have an extensive outlet for our products in the north. Now there is some anomaly under this agreement, but the Government found it impossible to remove it—and it seems for the present inherent in the situation —and that is that we have to pay a subsidy in respect of our manufactures which go to the north. We admit that it is an anomaly. It is a subsidy that is being paid for a certain group of industries in the Union, and not for us. It is difficult to say, as things are, what is the way out, and I cannot blame the Government for having entered into an arrangement which at any rate keeps the door open for our manufacturing industries towards the north. But there appears to be a grave anomaly, and we are doing for our manufacturing industries what we are not doing for our other industries. In the years to come we may see daylight, and for the present I agree with the Government that there is no other way out. I would like to say that I think a good arrangement has been made by giving Rhodesia her own fiscal autonomy. It did seem a very difficult arrangement to work in the past, by which we settled customs policy and Rhodesia had to take it or leave it. We were making inevitably for trouble in the future. Rhodesia had practically nothing to say about her own fiscal policy. Now under the present agreement a severance is made in customs relations, that is to say between imports from other parts of the world into Rhodesia, and the products and manufactures of the Union. Both the Union and Rhodesia will under the agreement maintain their fiscal autonomy, and make arrangements with regard to their own tariffs. I believe that in making that concession, the Government has gone a long way to meet the difficulties of Rhodesia, and it may be possible for many years to keep Rhodesia in the customs union so far as internal South African trade is concerned, while she levies her own duties on imported goods from overseas. I am bound to admit that the Government has made the best arrangements possible under difficult circumstances. I am glad to think that public opinion in this country, both south and north of the Limpopo, has been sufficiently alive to the great interests at stake, to form a great body of opinion behind this agreement, and that the Government has not let the agreement lapse. I hope that as years go by this body of public opinion will grow in support of our common interests, and that no other state or boundary will be allowed to divide southern Africa. This agreement gives expression to our common and mutual interests. We on this side—who look to see the development of the Union take place on common lines, with the states to the north—give our hearty assent to the Bill.
I think we have all reason to be thankful for the agreement come to with Rhodesia, particularly ought we to be thankful that the Government was able to stand firmly by its original attitude, and that in spite of the greatest opposition on the part of an almost unpatriotic public press of hon. members opposite, that the Government stood fast by its original standpoint and concluded an agreement with Rhodesia which is favourable to the farmers. I do not think there has ever yet, on any previous occasion, been so little statesmanship as was exhibited during the negotiations between the Union and Rhodesia. I mean by the public press, and especially the press of the South African party, which showed the country that in connection with that matter they did not put the interests of South Africa first, but used every endeavour to make it impossible for the Government to conclude an agreement beneficial to our country. We are, therefore, very glad that the hon. member for Standerton (Gen. Smuts) has said this afternoon that public opinion is satisfied with the attitude the Government has taken up. Last November the Government was apparently wrong. Now the hon. member, himself, states here that it is an anomaly for our Treasury to have to pay 6 per cent, to Rhodesia on the value of our factory wares imported by Rhodesia, but in November the Government was condemned because it stood firm and refused to pay a higher percentage. I think we are indebted to the Government for taking up a manly stand in November, and in that way attaining an agreement which is fair to the Union. We are also glad at the metamorphosis which hon. members opposite have undergone so that the hon. member for Standerton can say that he welcomes the arrangements. [Interruption.] The hon. member for Yeoville (Mr. Duncan) laughs. Perhaps he felt in November that his press was wrong, but he never expressed his view. We hope, however, that if his press should again, in future, act in such an unpatriotic way, the hon. member will consider it his duty to urge upon them that they ought to put the interests of South Africa first. The farmers of South Africa, in particular, are very greatly indebted to the Government for the agreement. The interests of the cattle farmers have been protected, and the tobacco farmers of the Union especially want to express their inward thanks for the protection that has been granted them by this agreement against Rhodesian tobacco. As the tobacco market in South Africa was practically taken away from us by Rhodesia, that is now, to all intents and purposes, prohibited by the agreement. Our tobacco factories buy on the average 15,000,000 lbs. of tobacco a year. The average importation from Rhodesia during the past three years was less than 7,500,000 lbs. Rhodesia had, therefore, captured the half of our market. At the instance of the tobacco farmers the Government saved that position, and the tobacco farmers of Rhodesia can no longer export such a large quantity to the Union. For that our tobacco farmers are greatly indebted to the Government. We have at once experienced the results of the change. The tobacco farmers have already been able to sell tobacco while during the last few years they had a large surplus. During the last few months no less than 7,000,000 lbs of tobacco have been sold which were stored in warehouses. Tobacco is sold to the local dealers. The tobacco farmers are therefore already reaping the fruit of the agreement. I now want to call the attention of the Minister of Finance to one point in the agreement which must be watched; the importation from Rhodesia is limited, and our export to Rhodesia is also limited, that is unfair.
Just listen to that.
The hon. member misunderstood me. I do not say that the limitation as such is unfair, but the proportion is unfair. 2,800,000 lbs. of tobacco can be imported from Rhodesia, but we can only export about 200,000 lbs. to Rhodesia. At present this will not injuriously affect our farmers, but, as the Minister of Finance has said, the Union manufacturers are commencing to establish factories in Rhodesia, and whereas in the past we exported manufactured tobacco and cigarettes to Rhodesia those will now be manufactured by our own people in Rhodesia. The result will be that the export of manufactured tobacco will no longer be so large. If we only give the factories of Rhodesia the right of importing extremely limited quantities of tobacco, they will not be able to get tobacco from the Union for mixing purposes, and they will use exclusively Rhodesian tobacco. When negotiations again take place the Minister must watch this precaution so that we can be put more or less on the same basis as Rhodesia. When factories are opened in Rhodesia we must see that a certain quantity of our tobacco is also used there. As things are now, the market is very restricted, because only about 200,000 lbs. can be imported from the Union, and that ought to be the same quantity as we are allowed to import from Rhodesia. For the rest I want once more to repeat that the tobacco farmers and cattle farmers, in general, are very much indebted to the Government for what they have done.
I was interested to hear the last hon. member who spoke thanking the hon. the Minister, on behalf of the farmers, for the immense benefit that this treaty has conferred upon them. There is one matter of especial reference to the farmers upon which I want some information from the Minister. I want a little information as to the policy which has dictated certain aspects of this agreement as regards duties. The Minister has told us that the Rhodesian Government levies a 12 per cent, duty on certain secondary industries. That duty is being paid by the Union Government which is, apparently, not recovering it from the manufacturers concerned. That is an absolute bounty paid to the manufacturers on the export of their articles. Now, I want to know, first of all, in view of the fact that the Minister has repeatedly stood up in this House and said that the policy of the Government was absolutely opposed to bounties in any shape or form, how he justifies the payment to the industrialists of the Union of this 12 per cent, ad valorem duty that is levied on the export of their products? The Minister may reply and say that this is a legacy from the previous agreement, that this was paid under the old agreement which was not entered into by the present Government. But he refused to continue a duty on the export of beef arranged by the late Government, which was of enormous assistance. The moment this Government came into office they repudiated that bounty on beef although an excellent export trade was growing up. The figures of the first year that the bounty was paid, amounted to £2,000. The second year it amounted to £4,000, and the third year, that is, under the Nationalist Government, it amounted to £12,000. Those figures showed a growing export. They showed that a growing export was fostered by the assistance which that bounty gave to the cattle farmers of the country. The first action of the new Government was to cut off that bounty altogether. They said it was against their principles to pay a bounty on any export product and the result was an absolute cessation of the export of beef in any shape or form. Not one single quarter of beef was exported after the bounty ceased to be paid. I want a clear exposition from the Minister of Finance, and I think the farmers are entitled to it, as to why one section of the community is favoured by the payment of a bounty paid by the Government on the export of their products and the farmers of this country, which this Government tells us they represent, the one section which this Government tells us they particularly stand for—why they refused to consider an equal advantage for the farmers in South Africa. I say that a Government that represents the farmer has no right to extend benefits to one section which it is not prepared to extend to the very section they claim to represent. I think the country is justified in asking the Minister to give us a clear exposition of the policy which lies behind that action, of the policy which, in one breath, moves him to say that he will not consent in any circumstances to a bounty and then in the next breath urges him to give a bounty to another section. We are entitled to ask for that explanation. I have not the figures before me at the moment to estimate the actual amount the Government is giving to the industries and I shall ask him to give us that figure. I think this is a suitable place where the Minister should make a clear statement of the policy of the Government in regard to bounties as between industrialists and the farmers of the South Africa.
I am sure we are all pleased indeed to find that all has come right as between ourselves and our neighbours in the north. I want to support the point of view put forward by the right hon. member for Standerton (Gen. Smuts) in stating that we should further, as far as we possibly can, the development of cordial inter-relations with those northern states, and that we should not regard ourselves as isolated bodies, but as interdependent communities which have the same objects in view. Beyond stating that, I do not think I would have risen had it not been for the fact that the discussion, as I understand it, has turned upon the tobacco question. My hon. friend here (Mr. Gilson) is upset about certain bounties paid in effect on the export of tobacco.
On secondary industries.
It has the same effect. The hon. gentleman (Mr. le Roux), so far as I can gather, is rather upset because Rhodesian tobacco is now allowed to come into the Union. Well, I can only say this—
It is the contrary position.
He says that they have sold 7,000,000 pounds weight since they stopped Rhodesian tobacco coming in.
That is precisely my point. The hon. member is protesting against Rhodesian tobacco being imported into the Union. That is the gist of his remarks. The time has long gone past when you can stop people from trading. I am satisfied that hon. members and others have the keenest interest in the development of our primary products, but it is a pity that they have not turned their attention more in the direction of developing the sale of our tobacco in other ways than those in which they are now disposed of. It is an extraordinary thing that the whole of the South African tobacco crop goes ultimately into the hands of one huge tobacco trust. You can talk as much about customs agreements as you choose, but the control and even the production and development of tobacco are dependent on the good will of the middle man —that huge concern known as the United Tobacco Company. I hope that as the result of these cordial relations which have now been established between ourselves and Rhodesia, some arrangement may be come to between the two Governments so that we shall get out of the grip of this United Tobacco trust, and whatever other trusts there may be which make it impossible for our farmers either to produce or sell what they produce. I am not going to give a cut and dried remedy, but I will take the opportunity—
I am sorry to interrupt, but the hon. member must adhere to the motion.
Forgive me, Mr. Speaker, if I appear to be transgressing, but it seems that the original conference broke down on the tobacco question, and I was taking this opportunity, in view of that experience, to urge upon the Government to develop these cordial feelings which may have been engendered between the Union and Rhodesia to enter into an arrangement with the latter with regard to tobacco. I understand Rhodesia has opened shops in London and other towns in England for the disposal of its tobacco. Surely it is not beyond our power to so influence each other as to arrange for a united effort in that direction, separate from the trust which has a grip on the tobacco industry, let us manufacture our own tobacco preferably in South Africa, and send the finished article to England and also to America, so that we ourselves can get the resultant profit which I understand is pretty enormous indeed, although the raw tobacco itself returns very little profit to the grower.
The hon. member is departing too far from the terms of the motion.
I will content myself with urging upon the Government that they do not stop with the conclusion of the customs agreement, but to translate our friendliness with Rhodesia into the concrete and get a market for our tobacco.
I do not think that the House will expect me to follow the hon. member for Benoni (Mr. Madeley) in his important and interesting discussion of the tobacco trade. I do not believe that it is actually germane to this Bill. As for the remarks of the hon. member for Griqualand (Mr. Gilson), I do not think he intends us to take them seriously.
Why not? I regard it very seriously.
Well, I understand that there is wonderful unanimity in the House that it is in the interests of the good understanding between ourselves and Rhodesia that this sacrifice of the subsidy has been made. The hon. member for Standerton (Gen. Smuts) has already said, and it is a fact, that it was not possible to come to an agreement without this principle which I regard as an unsound principle. I have already on former occasions explained my attitude on this subsidy question. Everyone of us feels that if we are to retain an agreement under which there will be a certain amount of free exchange of produce it was necessary for us to make this concession. It is a provision which existed under the old agreement. Rhodesia must have this revenue on the import of produce, and if they do not get it from us, then they get it out of the import of produce from other countries. We have done everything possible to come to an agreement without this unsound principle, but it was impossible. Now the hon. member says that he wants to know what the policy of this Government is, and why the factories should get the concession which the farmers do not get. The hon. member forgets that it is the result of a historical development. We must take the agreement as a whole, and then we see that the farmers get special benefits. The farmer gets free import of many products into Rhodesia on which other countries have to pay taxes, and, secondly, we give protection against Rhodesia to two very important products of the farmer. That is a very great benefit the farmers get under this agreement. I do not think it is necessary for me to discuss the Government subsidy to the produce of the farmer. I do not think there are many hon. members who will seriously attack that policy. In Australia, where it is done, every product gradually had to be subsidised. If we start subsidising some products we shall have to extend it to a whole series, because all farmers’ produce is in a difficult position. Are the House and the country prepared to pay a bonus on the export of all the articles? I do not think so, and I do not think that it will be a practical policy. Then my hon. friend refers once more to the old bonus on the export of beef. We must not lose sight of the fact how that bonus came about The farmers had no protection at that time, and Rhodesia brought them into a parlous position therefore the Government had to do something. Experience, however, shows that that meant very little to the farmers, only a few large companies that exported meat reaped the benefit. I am not prepared to reintroduce it, and let me say that among all the depressed industries in the country the cattle farmer has little to complain about. He is, possibly, even the best off. The worst quality of meat, e.g., which has to be exported by other countries, finds a market in our country in the Johannesburg mines where the farmers get twice as high a price on a protected market as the farmers in other countries do who have to export that meat. As for prime beef, I want to ask hon. members where the meat is that they want to export? As there has been a tremendous drop in the prices, I say that the cattle farmer has the least cause for complaint. They get a good price for the inferior meat by selling it to the compounds, and for the better quality they get prices which possibly are not very high, but still they are better than the prices that they would get on exporting meat. We have very little room in South Africa where we can breed export cattle, and the reason is that our ground is too dear to make cattle farming for export payable, in Rhodesia and South West where they have plenty of land, and it is cheaper, it is possible, but in our country it is not. I therefore hope that hon. members will not, like the hon. member for Griqualand, say things for which there is little reason. As for the bonuses on export, the past has shown that they produce little benefit to the farmers, and I do not think that the House will be prepared to approve a system of export bonuses.
Motion put and agreed to.
Bill read a second time; House to go into committee now.
House Of Committee:
House Resumed:
Second Order read: Second reading, Motor Carrier Transportation Bill.
I move, as an unopposed motion—
This Bill is concerned with the question of the very greatest importance, viz., transportation. Cheap transport is one of the most important factors in the development of any country, but particularly in South Africa, and with the special conditions here one can really say that cheap transport is indispensable. We have to face special factors here; the first is that the interior, where, to a great extent, our goods are produced, lies a very great distance from the coast, while a second factor is that when the goods have once been brought to the coast they have to be carried another 6,000 miles to get to the world market, and for the latter distance sea freight has to be paid. To-day, particularly when the prices of our products are so low, and our farming community have reached the stage that we do not only produce enough for our own needs, but more, in respect of which we have to look for a market, the question of cheap transport is of supreme —importance. In connection with this question, our state railways in South Africa have played a very great role. When we look at history we find that private undertakings never felt particularly attracted to the investment of capital in our railway system in South Africa, and it is clear why that did not take place. We have a sparse population and a very large territory with very great distances, and the necessity of low transportation rates has always been felt from the very start. Where private undertakings did come, as in the case of the old Cape Central Railways, it resulted in particular districts seriously suffering for years, until such time as the state took over the lines. The fact that certain districts were served by private companies handicapped the development of those parts. Because private companies were not, as a rule, prepared to invest capital in connection with the railway system in South Africa the state from the start felt its responsibility to build the necessary railways, but because the state did so under the special circumstances, it also had from the start to face the fact that a number of lines would be built with open eyes, realizing that there was little hope of satisfactory financial results. I do not even speak of profits. Many branch lines were built without there being the least expectation of profit, and the country had to be glad if it could merely get back the running costs. Hon. members will understand how serious the position became. While the state invested the taxpayers’ capital in our railway system, the danger arose that a portion of the goods, which many of the branch lines still carry, is now being taken away and will be transported in a different way. Motor development has come, and it is of great importance that the whole country should now give careful attention to the position, that every taxpayer, in view of the fact that large capital has been invested in the railways, should seriously consider the position. In the course of the last few years an entirely new state of affairs has been created. Where up to the present the state has practically had a monopoly of transport, the position has been entirely altered and such a monopoly, certainly in respect of short distances, no longer exists. Let me emphasize that with regard to competition South Africa is merely at the beginning of things, and has by no means yet had the experience which other railway systems in other countries have had in this respect. Nor is it a fact that because we have a Government railway system we feel the competition particularly seriously. The private railway systems throughout the world suffer from this state of affairs, and every private or state undertaking feels the pressure. The position would not be so bad if there were equal competition between the owners of motor vehicles and the railways, but what is the characteristic of the motor services here? I merely take a few. In the first place, the motor services are penetrating where the Railway Administration has already done development work. We find that the private motor services do not lay themselves out to do development work in parts where there has not yet been proper transport services. They come in the developed parts, and try and get a hold there, and they also get a hold in traffic over short distances. We have another factor which is of great importance. The private motor services only take that class of traffic which gives a good return. In other words, they only take the traffic which is carried by the railways at a high rate, and they abandon the traffic which is carried at a low rate. Further, there is the consideration that the motor services are often conducted on extremely unsatisfactory conditions, e.g., in relation to the vehicles—second-class vehicles of a poor type are often used—to the wages of the staff and also with regard to working hours. Nor is there any proper guarantee if losses are incurred, in case such a motor service is possibly unfortunate. I do not say this of all, but it is the case with many, anyhow. Our private motor services do not pay taxation in proportion to the use that they make of the roads.
What do the railways pay?
The railways pay between £4,000 and £6,000 a mile for its roads. The hon. member did not follow my argument. I am only making a comparison between the private motor services which run on the public roads, and I say that they do not pay taxes for the maintenance of the roads in proportion to the use they make of them, while the railways have to pay between £4,000 and £6,000 a mile. I am not concerned now with railway motor services. We cannot simply disregard this question. Motor transport is developing, and I will prove it by the following figures. I only give a comparison between the year 1928-’29. In 1928 there were 113,002 motorcars in the Union; a year later there were 130,360. In 1928 there were 1,032 omnibuses, and in 1929 there were 1,186. In 1928 there were 10,640 lorries in the Union, and in 1929 there were 13,583. Hon. members therefore see that the number of motor vehicles in the Union grew tremendously, and it would be foolish if we, in this House, and for the country as a whole, now that our roads are improved with the assistance of the central Government, were not to face the fact that the number of vehicles on our roads in the future will increase tremendously. The motor competition has certainly had one good effect on the railways. I want to admit this frankly. Our railway services have improved, and there is greater expedition in delivering goods. There is not the least doubt that the railway officials—I do not exclude the highest officials, and I include the lowest officials as well—have better realized their duty to the public. I do not think that hon. members will deny, with regard to the relations towards the public, that there has been a great improvement in the railway staff. The staff understand that discourtesy and negligence in a railway official towards the public is not only wrong, but that it is punishable, and I may say that we do not allow a railway official to be discourteous towards the public. I do not want to convey that all railway officials are as smart and as precise as we would like to have them, but I think that we will all agree that there is a great improvement. In another respect, however, we must face the fact that motor competition has become a great danger to the railway service.
And do you want to remove it?
No, let me say this; the hon. member will find nothing in this Bill the least calculated to make the railways less effective, and the officials less competent than they are now. I want to put this Bill on the statute look, and I hope the House will approve of it because the Railway Administration, the Government, and I think also the country, have appreciated that motor competition has come, and has come to stop. We said clearly that we had not taken up the attitude that there ought to be a monopoly of transport for the railways. What, however, we do actually want is that there should be proper competition between the railways and the private motor services; not only are good results brought about by the competition, but there are also serious dangers. I want to draw attention to one of the great dangers. The railways belong to the public, and there cannot be anyone who is unconcerned about the £143,000,000 which we have invested in the railways, every penny of which is borrowed money. The people who drew up the Act of Union considered that a sinking fund was unnecessary. The hon. member for Yeoville still holds that view. His attitude is that as long as this state asset is properly equipped in every respect we need not redeem the capital. He knows that I do not agree with him, and I hold the view that provision must be made for a sinking fund. Since 1924, therefore, we have put aside £250,000 each year for the redemption of railway capital, and I think the hon. member for Sea Point (Maj. G. B. van Zyl) is inclined to agree with us in that respect. There is another factor, viz., the interests of the railway staff. If our state railways are deprived by the motor traffic of a large share of its traffic, seeing that our rates are what they are to-day, and inasmuch as we pay the current wages, we shall not be able to employ the same staff in the future. Take the wages of the staff, the leave privileges, etc., all these could not be maintained at the same standard if the railways lose a part of its traffic. The railway staff are a valuable section of the community, and we shall certainly sadly view the interests of that section of the population being hit by the motor competition. There are possibly members who will say that if our railways are not able to compete with the motors then the country must be satisfied to abandon the capital invested in the railways. They will also possibly say that the staff can be absorbed in other directions. They will, therefore, say that the position is not so serious, and that we can face the loss of £143,000,000, but I now’ come to the third great danger. Our whole rate system is built up on the basis that highly-paying traffic must pay a heavy rate, and low-paying traffic, like agricultural produce and base metals, should pay a low rate.
What about wool?
That is in the middle. Our tariffs run from classes 1 to 10, and I think wool is in the intermediate class. There was, however, a reduction in the wool rate. In connection with this point, I can do no better than by calling attention to paragraph 54 of the report of the departmental committee of enquiry into railway rates. That says that, apart from coal, the traffic of high values at goods rates 1 to 6 was 2,906,661 tons for the year ending 1st March, 1929: the traffic of low values at goods rates 7 and lower was 9,437,417 tons; for this £3,643,234 was received, while in the first case approximately £11,000,000 was received. Here we have a pretty picture of the position, and, as was rightly pointed out, if we increase the low rates by 25 per cent., then it does not even amount to £1,000,000, and it will not give much relief. There is another factor, viz., that the railways are handling seasonal traffic at great expense and loss. During the months of August, September and October, we find that it is necessary to handle large quantities of maize and other produce, and the railways are obliged to keep a large number of engines and rolling stock to be able to deal with that traffic. But just as quickly as the peak is passed we are left with a whole number of engines and rolling stock that are not fully used. A private company would think a long time about it before they follow such a policy, and I hope the farmers will appreciate it. The farmer would gladly avail himself of that favourable position for getting rid of his produce during the harvest as fast as possible, and we wish to assist him in that. But the country must face the fact that when we, as a state undertaking, want to assist the farmer, a section of our rolling stock is not in use during a part of the year. We then do not only have too much rolling stock, but also too large a staff. I have never made a secret of this being the position that during a certain time of the year we have too big a staff. Will hon. members say that we should discharge those people? No, we do not want to discharge them, no one thinks of it; and therefore at times of reduction of revenue and traffic we have too large a staff. Our revenue, e.g., dropped last week to £421,000, so that hon. members see how serious the position is. The point is that we want to discharge no one, but then the country must realize what this involves. It is my conviction that motor transportation in South Africa can never, even under the best circumstances, render the services that the state railways do. Even with the greatest development of the motor traffic it will never be possible, e.g., to carry by motor transport maize, tobacco, coal, manganese, asbestos, and all that kind of produce which is carried at the lowest rates. That time will never come. I am convinced of that.
Why?
Because I have commonsense.
I am talking of the future.
I also. To make it clear, I want to ask my hon. friend whether he thinks it possible when, e.g., 100,000 tons of manganese has to be transported from Posmasburg to Durban it can be done by motor?
No.
Then the hon. member should not put the question. Does he think, e.g., that it would be possible to carry a maize harvest of 15,000,000 bags, and it will become more than that, by lorries? South Africa can never do without its railways, but here the railways are threatened with a great danger. When we realize that South Africa cannot get on without its railway system what are we going to do if all the traffic at a higher tariff falls into the hands of the motor services? Where the competition is absolutely unfair we must take steps to protect the railways against it. I do not say merely to protect them, but to protect them against the unfair and unreasonable competition. I want again to utter a warning to the farmers and traders who think that they are entitled to give the higher class of traffic to the motors, and the lower class to the railways. I want to point out that steps have already been taken in New Zealand, Australia, Switzerland and Italy—and we are considering whether it will not be necessary to take similar steps—to deal with the man who carries all his produce by rail under a preference rate. It seems to me to be a sound business principle. The hon. member for Yeoville is apparently startled, but is it right that trader A, for instance, who trades in village B, should have his expensive goods carried by a lorry at a lower rate than the railways? And does the consumer get the benefit of it? No, the trader puts the extra profit in his pocket. But when it comes to coal and not to silken goods, etc., then the railways can carry them. If it is a full cask then the road motor carries it, but if it is an empty cask then the railways are good enough. I do not propose to introduce such a preference system during this session, but if the position does not improve I shall have to make a proposal to the House to allow the railways to differentiate between the man who fully supports us and the man who, for the sake of his own pocket, only partially supports us.
This almost looks like the Conference Lines.
If we were only in the favourable position of the Conference Lines we would not be in the trouble we are in to-day. I suggest for consideration to hon. members if that is not a step which we shall have to take if we want to keep Government railways in the country for the taxpayer, the producer of minerals, the farmer, and everybody in the country. I should like to see hon. members studying the reports of the commissions appointed in New Zealand and Australia to investigate the matter, because then they will find what is done in other parts of the world. Can we merely take the surplus of the product’s of the traders or farmers and not get the better paid traffic? Or shall we have to lay down if a person wants the benefit of the lower rates he must also give us the better class of traffic? I think that the last should be done. In view of the existing factors that I have mentioned, it was realized that the time had come to institute enquiry, and in February, last year, the Government appointed a commission under the chairmanship of Mr. le Roux to go into the whole question in conjunction with representatives of certain organizations in relation to agriculture, trade and industries, and two officials of the Railway Administration. Hon. members will have seen from the report that the terms of reference were very wide, and the commission took full opportunity of going into the whole matter, not only as to the position in South Africa, but with regard to other parts of the world, and also as to what measures were taken in other countries about the matter. I think that I am speaking for the House when I say that the work done by the commission is of great value to the country. It is, in my opinion, an outstanding work. They did their work thoroughly and impartially, and what is of great value to the House is that they did so in a way which has made it possible to put an almost unanimous report before the House. I should like to express my appreciation to the chairman, and also particularly to the members who gave up so much of their energy and time, and I am also thinking particularly of the representatives of agriculture, trade and industries. The latter rendered particularly good services as members of the commission. It is very appropriate and useful that at the very moment when the House is dealing with the report of the commission with regard to road motor competition in connection with this proposed Bill the report of the departmental commission with regard to railway rates should also be put into the hands of hon. members. That committee also has rendered good service, and I think I am speaking for the House in thanking that committee. I say it is fitting that the House should have the two reports before it to properly appreciate the position. The report about road motor competition can be divided into three parts, the first deals with the appointment of a motor transport board, the second on consolidation of our laws, and taxation of all motor traffic, and the third on a national road board, and the establishment of a portfolio of transport. Those are the three chief recommendations in the report. As for the third recommendation, hon. members who have cone into the matter will at once remark that if we were to adopt it we would come into conflict with a mass of work of the existing provincial councils. The recommendation cannot be adopted without seriously encroaching on the existing powers of those councils. The Government has very seriously considered the matter, but is not prepared to create a portfolio of transport and a national roads board at present. It would mean that the powers of the provincial councils would be interfered with. As hon. members will see, the Bill proposes that when we are compelled to encroach upon the powers of provincial councils we suggest that it should be regulated by voluntary agreement. I do not doubt that we shall be able to make a friendly agreement with the provincial councils. Much important light is thrown on the whole Question, and it is of very great value for the future. The second large aspect, viz., consolidation of motor legislation, and taxation, is a subject of which the provincial councils in 1928 realized the necessity, and an inter-provincial committee was appointed which went into the whole matter, and I understand the report is now ready. As far as I know, it is not yet published, but the whole matter was gone into and the report is ready. After the report now before us was received, I also consulted the administrator and members of the executive committees, and asked them if they would take steps in connection with the consolidation of motor legislation and motor taxation. Let me point out that the present position is intolerable, because the taxation is not equal. It is an impossible position for the taxation to be higher in one province than in another. It is known, e.g., that private undertakings have their motors registered in one province while their principal business is done in another province where the taxes are higher. I have every reason to believe that the administrators who will shortly meet in Cape Town will find a satisfactory solution hereof, and that steps will be taken in this connection. The position must be faced as soon as possible. I then come to the third recommendation which has been accepted by the Government, and is included in the Bill now before the House. It amounts to coordinating and regulating provisions with regard to motor vehicles, without making it impossible for them to exist, without putting them off the road. It is sometimes represented as if the Railway Administration were out to make motor services impossible. That is certainly not the case. Our object only is to eliminate injurious activities detrimental to the public. The great principle of this Bill is that of the public interest. When the public can be better served by railways, the railways ought to do the work. Where, on the other hand, the board to be constituted is convinced that there ought to be competition by motor services to advance the interests of the public, I say that the interests of the public must come first.
Will the railways decide what is in the public interest?
As usual the hon. member does not appear to have read the Bill, and he therefore says that the Railway Administration will decide what the public interest is. I do not know whether my hon. friend runs his business in that way, but I want to tell him that if he is so uncertain about the facts in connection with his own business as about the contents of the Bill, I shall be surprised. The hon. member will have the opportunity of showing where it is said that the railways shall decide what is in the public interest, and I shall be glad to hear it from him. He will, however, not find it. The railways will not decide when it is in the public interest for there to be competition, or otherwise, but the Transportation Board will.
That is stated in the report of the commission.
The hon. member will see that the commission was divided on this point. The chairman and the two members made one recommendation and the other three members another. I am now dealing with the Bill, and I will immediately deal with this point with my hon. friends. Should the board represent various interests? Must representatives be on it of agriculture, of the chambers of commerce, of the industrialists, of the town and provincial authorities, and of the divisional councils, under an independent chairman, and, in addition, representatives of the producers and consumers as well? Where will we land then? I thought that hon. members would welcome my proposal to nominate the board in the Bill consisting of three members who are responsible through the Minister to this House. Am I to understand that my hon. friends suggest a board which is responsible to the bodies appointing representatives and not to this House? Either the Government must appoint the board, and it must be responsible for it to this House, when action is taken, or the Government must delegate its responsibility to the chambers of commerce, industry, agriculture, the Chamber of Mines, and who will then be responsible to this House? No, the hon. member for Newlands (Mr. Stuttaford) must read the Bill again. He must not allow himself to be influenced by interviews in the press about the Bill, but by the Bill itself. I seriously object to a body as proposed by a section of the commission. Such a board would be too large and unwieldy. It will be too clumsy, because it represents too many interests. I have already given my second reading, viz., that the proposed board will not be responsible through the Minister to this House. Owing to the representatives representing various bodies and interests there will be no consistent action, and the body, as a whole, will be irresponsible. Before I proceed to Clause 3, I want to point out that they have also subsidiary boards in the urban areas and in the district. There must be local boards to assist the central board in connection with the fulfilment of the duties and powers entrusted to it. Then I come to Clause 5, which defines the Dowers of the board Hon. members will see that under paragraph (b) the board has the power to proclaim the scope and nature of motor transport in the various areas. This is a matter of great importance. But if the board is to be true to its obligations and able to fulfil them, we must give it that power. The board will also have the right to issue certificates, to hear appeals, to enter into agreements with the provincial authorities, and other public bodies in connection with the exercise of its duties. Clause 6 provides that the details in connection with motor transport, and the certificate must be supplied to the board. Clause 6 (b) provides for fixed rates of transportation, and the publication thereof. Some people strongly object to the tariffs being published. In America, where the problem has assumed greater dimensions than with us, some of the states go so far as to fix a tariff for private vehicles They not only publish the tariffs, but they take the power there to fix tariffs, so that there shall not be unfair competition. I do not go so far, but here it is only provided that private motor services must publish their tariffs, and that then they must be continued, at any rate, for a considerable period. They will then not be able to dare to give special rates to certain persons as is the case now. We find that to-day a difference is made between people, and the rates change from time to time. The railways have fixed rates which are the same for all. Those rates are published and may not be departed from. In Clause 11, as hon. members will see, the existing services are protected. We adopt the recommendation of the committee on motor competition that all existing services must continue operating for six months, and thereafter the board will go into the matter and withdraw the licences of the most recent services which, in the opinion of the board, are not required. In Clause 12 (b) it is laid down that if in a definite area there are sufficient services, then the new services will be agreed to. This is an important power, but it is necessary. Clause 16 deals with the giving of security by private motor services. It is of importance, so that the public shall be properly protected when use is made of such motor services. I want to say a few words about Clause 17. This refers to the responsibility for taxes on motor vehicles belonging to the state. It is a matter of the very greatest importance about which I should like to have the views of hon. members. The state is exempted from all taxation in connection with its services. Those who say that this is unfair I want to remind that the state, and, in this case, the railways render very great services to all classes of the community. Free services are rendered. I do not want unfairly to exercise influence in this, but I want to remind hon. members that they can travel gratis at the cost of the railways. I take this as a typical instance. A Minister and an ex-Minister can travel free for the rest of their lives. Important services are rendered to the general taxpayer, to the state and to the provinces, and therefore it is not so out of the way for the state not to pay taxes on its vehicles. On the other hand, it is true that the railways enjoy free services, inasmuch as they pay no customs dues. Hon. members will, therefore, see that in Clause 17 the position is continued that the state does not impose upon itself the taxes which are levied on other bodies. Hon. members will agree that it would be undesirable to make the state pay taxes. We do not know, e.g., what the provinces may do from time to time if the state admits liability for the taxes imposed by those bodies then we are departing from an important principle, and it may have serious results. I would rather not have had Clause 17 (b). The railways start motor services to develop parts of the country, and if such services are to be taxed in future by the provinces, then higher rates will have to be charged, because those services do not make a profit, but in many cases are run at a loss. In those places where private services will not start, the railways establish motor services. I need not detain the House any longer. In conclusion I want to say that I have seriously considered whether this Bill ought to be referred to a select committee. What I want to emphasize is that we are not concerned with a party measure here, but with one which we must treat as a national one. Our railways belong to our people, and all parties are equally interested in them. To-day it is one party that has to look after them, in future it will probably be another party. Hon. members will, therefore, possibly agree with me that we ought to consider this Bill from a national point of view.
What about Clause 20 (2)?
That gives the power to make regulations.
(b).
It speaks for itself. We need not now go into all, the details. If there is a select committee, then the committee can go into it. I am dealing with general principles. I seriously considered whether it would not be better to first have the principle of the Bill adopted by getting the second reading passed. I think it would be just as well for the House to pass the principle, so that the select committee can know what the feeling of the House is in connection with the principles at the bottom of the measure. Hon. members opposite, however, have made strong representations to me to send the Bill to a select committee before the second reading. As I see that the matter is of the highest importance, I would like to meet my hon. friends opposite, and I will agree that the order for the second reading shall be discharged, but I should like to say in connection with it, and I hope that hon. members opposite will meet me in the matter. The first is that under no circumstances will more evidence be taken, because we have all the evidence at our disposal. I hope that hon. members will not insist that we should take further evidence, because if we are going to examine further witnesses, then the position becomes absolutely impossible. The commission on road motor competition travelled about the whole country, and for more than eight months heard witnesses, so that, in my opinion, it is unnecessary to call for any more evidence. The second condition is that the select committee shall report within a definite time to the House because, if we do not provide for this, then they may possibly be talking for more than a month about the Bill. All the evidence is available, and the select committee can, therefore, deliberate on the Bill in a short time. I hope that hon. members will regard the motion to discharge from the same standpoint in which it is made, viz., that the select committee will not consider the Bill from a starting standpoint, but from a broad national standpoint, and shall report not later than the 15th of May. I hope the Bill can yet be passed this session, and therefore, with the permission of the House, I move, as an unopposed motion, that the order for the second reading be discharged, and a special select committee of the House be appointed to investigate and report with instructions that the report shall be brought in on or before the 15th of May next.
seconded the motion.
We have listened this afternoon to a characteristic speech by the Minister of Railways and Harbours. With a certain amount of what he has said, I think we can agree, but I am afraid we must differ from a great deal of what he has said. It is unfortunately the case that the Minister never faces a loss in his department without concluding that he must meet that loss by an increased tariff. It never occurs to him that expenses might be reduced. If we on this side of the House had any doubts as to the wisdom of placing such great powers as the Minister asks for in this Bill, in the Minister’s hands, these doubts are fortified a hundredfold after listening to his viewpoint on this important question of road motor transport. I would like to preface my remarks by making it abundantly clear that the South African party approves of the principle of regulation in regard to road motor transport, and that we agree with a good deal of what the Minister has said in that regard. I think we recognize to-day that many of the motor transport carriers are in a specially favoured position in relation to the railways. We realize that the railways have do face a great deal of unfair competition. We also realize that the motor carriers are not in most cases bearing their fair share of the cost of upkeep of roads, or possibly their fair share of the taxation of the country. They are also taking the best paying traffic, and leaving other traffic to the railways. For these reasons we are willing, if the Minister is willing to co-operate with us fairly, to go a long way in the direction indicated by the Road Motor Competition Commission. We are not, however, prepared to follow the lead of the Minister in the Bill he has presented to this House. To accept this Bill as it stands would in effect put every motor carrier off the road. A great deal has been said with regard to the railways being state-owned, and it is said that because we have this great asset, the capital value of which is £143,000,000, the Minister has told us this asset must be preserved at all costs. It may surprise the Minister to know that the view of some of us is that because this asset is state-owned we can afford to look at the question of motor transport development with complete impartiality. If the railways were privately owned, we might hesitate to do anything involving losses, but if any losses are incurred now these losses will be borne by the whole of the country, and surely we can face these losses without difficulty. No hardship will be done. There will be no harshness in it. Because the railways are state-owned, the capital investment can be written down to any extent, if necessary, and we can face the question of more modern transport with greater equanimity than we could if the railways were not owned by the state. We have heard a great deal about the taxpayer building the railway. The taxpayer also built the roads, and it is for the taxpayer to decide whether railways or roads shall be used to transport his goods. He uses roads only because it pays him better to do so. If, as a result of that, we have to write off £20,000,000 or £30,000,000 on branch lines, let us do so, but do not let us go on bolstering up a system of transportation which has outlived its usefulness. We have heard of municipalities which have faced competition with their tramways from motor omnibuses, but it was never suggested that the buses should be put off the roads because the trams were already there. The Minister talks about the only alternative being to write off the cost of the railways— to write off £140,000,000. I say, do not let us lose our sense of proportion. At the very worst, it is only a very small proportion of our railway assets which may have to be written off. Let us also face this that on this side of the House we are not entirely satisfied that the railways are run in the most satisfactory way possible in order to meet competition. Are they wise in sinking millions of pounds in railway workshops when they can get their requirements from the industrialists in South Africa at a much cheaper rate? Are they wise in paying l¼d. per unit for electric current when the gold mines pay only ¾d.? Are they justified in conducting somewhat extravagant experiments in the matter of employment, about which they never give this House any information?
We are only asking for a fair deal.
You are not, you propose to abolish your competitors. I am going to deal with that question in a few minutes. The Minister will not give us the assurance that he will run his railways in a businesslike way. If he were to do that, motor competition would not be frightening him.
Will you explain why, in all civilized countries, the railway systems are asking for protection?
I am not proposing to deal with the question as it is dealt with in other countries. I am only concerned with our own country. I do not say South Africa only, but certainly South Africa first. If we base our methods on our own conclusions, that will be more effective than if we attempt to make a hotch-potch of what other people have done. I want to associate myself with the remarks made by the commission—
With every word of that we agree, but the Bill before us proposes to stop the very development which this commission states is so very important, not only to the country as a whole, but to the producers of our raw materials and primary products. Not long ago I read in the press a statement by the Minister that whoever supported motor transport proved himself to be an enemy of the farmer. That is a strange doctrine, but perhaps not so strange from the Minister of Railways. He probably believes that everybody who supports motor transport is, of necessity, an enemy of the farmer. If the Minister, or anyone else comes and assures my farming friends that we shall get better service by eliminating competition, I ask them to give that doctrine no credence. If the Minister does that he is ignorant of the most elementary facts of practical economics. No community in this country stands to gain more by the development of existing and by the creation of new market’s than farmers. No community would suffer more, if this House does anything whatever to retard that development, than the farmers, and nothing will retard it more than denying to the country the cheapest and most effective method of transportation to and from those markets. We have also heard that millions are invested in the railways. Let me also say that millions are invested in roads, and that millions are invested in motor-carrying services in the country. Tens of thousands of souls are dependent, directly and indirectly, upon the motor transportation trade. For that reason we are anxious that this Bill should have the most careful consideration of the House before any final decision is taken. It is extremely unfortunate that the Minister should bring the Bill before the House when we have only 20 more working days in front of us.
How do you know that?
I am prepared to accept what the Prime Minister has said.
I hope you are right.
In 1911 Sir William Hoy called the attention of the Railway Administration to the fact that the Railway Administration would need to take notice of motor competition. That was nearly 20 years ago. Now the present Minister is determined that a problem which has been before the railways for 20 years must be solved by this House in 20 days.
In 10 days.
Yes, it has got to be solved in 10 days, before the 15th of this month. Surely this problem is not so urgent as all that. What has been before the railways for so many years can surely wait another month or two. I hope that the Minister will see his way to change his mind on the matter. The Bill is full of difficulties. It is certain that there will be storms of public protest raised against it. The hon. Minister may have his serried ranks behind him to support this Bill, but this party has the great body of public opinion behind it when it resists the passage of the Bill in this form. I hope that the Minister will give us adequate time for consideration. This undue haste has all the appearance of an attempt to try to rush the House into the acceptance of something which, if the House and the country had time to consider, they would never dream of accepting. An hon. friend points out that the Bill was only published last Monday. The Minister, in his remarks, was at some pains to explain why he was not dealing with the other sections of the Road Commission’s report. I am glad to have that explanation, because I had come to the conclusion that the Minister was quite satisfied that if he got this Bill through the House there would be no question of worrying any further about the development of road transport, or of road policy, for there would be no motor transport to worry about. Motor-buses and motor-lorries could become a prohibited import into this country, to all intents and purposes. Our roads will rank like the Roman roads, as being nothing more or less than historical curiosities. I would like, briefly, to look at some of the provisions of this Bill. It is interesting to remember that this Bill is supposed to be based upon the commission’s report, the first principle of which the commission has addressed in the following pregnant sentence—
This is a Bill to control some form of motor transport. It is not to regulate it. It is to provide a measure of control as complete as it is possible to conceive. If this Bill goes through, we shall hand over the whole of the transport of this country, lock, stock and barrel, to the tender mercies of the Minister of Railways and Harbours. Clause 1 I need not deal with, as it deals with the question of interpretations. Clause 2 is the essence of the Bill—
On page 26 of the commission’s report, paragraph 95, the commission express their view as to how this board should be formed. They say—
I repeat that there should be a road transportation board independent in character, representative of diverse interests and free from political control. The Minister’s method of arriving at that is to appoint three whole-time members of the board himself. They will consist of fully-paid men, presumably men whose livelihood, to some extent, may depend upon how they carry out the wishes of the Government and anticipate their wishes. In those circumstances, they cannot, in any sense, be independent in character. There is no pretence at representing diverse interests. I am not going to suggest what sort of board the Minister should have. That is a matter upon which the Minister should take evidence. The Minister says that we have all the evidence we want to start a board like this.
You have the chairman and two members. They are men of commonsense, as you are.
What I have read out, to the effect that this board shall be free from political control, is subscribed to by all members of the commission. They suggest a board consisting of not less than three and not more than five, but they still say that it should be representative of diverse interests and free from political control. This clause is a very important part of the Bill. I should like to say this: that I recognize the difficulties of the Minister.
I, personally, am not prepared to say that we should allow various outside bodies to appoint members to a board of this kind. I recognize that Parliament cannot divest itself of it’s power in this direction. I do, however, suggest that the select committee should go carefully into this matter and take evidence, because I am satisfied that there is still a middle way. We need not necessarily accept a paid board of three members to be appointed by the Government. I recognize the difficulties, and would like to have a better board. A very important declaration is made in Clause 2,sub-section (3)—
As regards Clause 3, one would have thought that as the local boards have to work under the Road Transportation Board, the latter would appoint them, but the Minister himself is going to do that. So the final say rests with the Minister.
There are three bodies.
Clause 4 (nomination of members of local boards) and Clause 5 (functions of board) may be dealt with in committee, but I am satisfied that a great deal of opposition will be made by public authorities with regard to Clause 4. Clause 6 (particulars of motor carrier certificates) is a very important clause, and means a great deal more than appears on the surface, especially when it is remembered that later on in the Bill it is made an offence to run motor transport without a certificate. Clause 6 lays down the conditions under which certificates are to be issued, and it is stipulated that among other details the certificate shall specify “the class of motor-carrier transportation in respect whereof” the certificate is issued. Presumably that means that if a vehicle is certified for the conveyance of goods it cannot carry passengers and vice versa. Subsection (d) states that the certificate shall apply to a specified vehicle, so if I have a certified motor-bus and it breaks down, although I may have a dozen other buses, unless they are certified for the particular route traversed by the ’bus which has broken down, I cannot use one of them to replace the damaged vehicle. Again, assuming that there is an outbreak at Worcester and Government hires buses, say, from the Cape Town Tramway Company for the conveyance of police to the scene of the disturbance, the tramway company will run the risk of being fined £100 for running buses over uncertified routes. Power is also given to lay down the routes on which transportation shall be carried on. Hence, if a farmer lives 300 yards off a transport route, he will have to have his goods off-loaded by the side of the road, as it will not be possible for the motor carriers to vary the route of their vehicles in any way without incurring the risk of being fined £100. We are going to turn motor carriers into glorified trains, as they will not be able to vary their route by a single yard. Again, a motor carrier may be put out of business by being required to run his service at certain times of the day or night. The Minister again asserts himself in Clause 7 (proclamation of transportation areas and routes). The clause reads—
The Motor Transportation Committee deals with this subject on page 27 of its report.
The senior law adviser has framed the clause in this way, but I am prepared to meet you as regards the wording.
With regard to Clause 8, I notice the rich man’s motor-car is not being touched; it is only the poor people of this country who will be pushed into the railways willy nilly. The clause means much more than that. Very heavy restrictions are placed on the motor trade, and if the Minister declares the Reef a transportation area, he has only to persuade his self-appointed board that the railways provide sufficient transportation there, then it would mean that no one in Johannesburg could deliver anything out of, into, or through, Johannesburg by motor-lorry. If the road from Johannesburg to Pretoria were made a transportation route it would not only be impossible for anybody to go from Johannesburg to Pretoria, but also to Pietersburg or the north unless they could find another way round. If the Minister satisfies his self-appointed board that the Simonstown railway is sufficient to deal with the needs of the public—and if any railway does meet with the needs of the public, it is the Simonstown railway—then to meet motor-bus competition, he must also include in the areas about one mile on either side of the railway, then no motor transportation can go into, out of or through that area. Under this we will get back very much to the old position of the English canal system. It will be within the recollection of most members of Parliament that when the railways began really to feel the competition of the canals, they were able to stop farmers sending goods by canal by buying up key points and thus paralyze the whole canal service. The Minister will be able to do the same under this Bill by having a few key points declared as transportation areas, and by permitting his self-appointed board to prohibit traffic he will be able to paralyze motor transport throughout the length and breadth of South Africa. Clause 9 is unimportant. Clause 10 is rather interesting. If you carry anything by motor-lorry you shall be presumed to be an offender under this Act. If a firm delivers some of their own goods in their own motor-lorry, they are liable to be held up by a policeman and called upon to show their certificate. If it cannot be produced they must be presumed guilty. Clause 11 is very important, and I notice the Minister was pleased about it. We are opposed to creating any other monopolies—any private monopolies—and this clause is going to entrench any motor-car owner so long as his motor service is not in excess of the requirements. He is going to have a monopoly, no matter how trade develops.
That is in terms of the report of the commission.
We take only what is good out of the commission’s report; what is bad we reject. We are not bound to all of its provisions. We cannot accept the position that we are going to prevent newcomers in the field of transport. The fact that a man was there in February, 1930, is no reason why he should be kept there for the rest of time, and why no other people, if they are prepared to give a better service, should not be allowed to come in. That is why we should consider this clause very carefully. In sub-section 2 (a) of Clause 12 we notice that in determining whether an applicant for a motor-lorry certificate is considered satisfactory, the suitability of the applicant must be taken into consideration, and whether he is in a position to cope with further expansion of traffic. I do not know what is meant by “suitability”—whether it means he is in a position to pay for running repairs or not. It is so obviously a wide expression that we cannot allow it in the Bill [Time limit extended.] I thank the Minister for his courtesy. The suitability of the candidate is an extremely difficult thing to decide, and we must have some more information. Who on earth will ever be able to tell whether he is in a position to cope with future expansion of traffic? Can you say that in five years’ time he will have to use ten buses instead of two, and whether the applicant has enough money in the bank for that? As to adversely affecting transportation, if there are any transportation facilities at all, I cannot understand any other applicant coming along without its affecting existing transportation. Under subsection (3) it is laid down that whenever any transportation facilities in existence within any area or over any route are, in the opinion of the board, satisfactory and sufficient, the board shall not grant any motor carrier certificate in respect of any motor carrier transportation within substantially the same area. That is to say that where the board is satisfied that the motor transport facilities are sufficient, no certificate shall be granted for any motor transportation of any kind whatever within that area. If the Minister sees a friend applying for a certificate, he can say: “We are not going to oppose this application,” but if he sees somebody applying whom he does not want to have a certificate, he can at once order his board to say that the transportation facilities are satisfactory, and that no further transport can be allowed. We accept Clauses 15 and 16, but Clause 17 is a very important one, and the Minister will have very serious criticism to face in regard to it. Although the Minister is anxious for a fair deal, his idea is for private motor owners to pay all the imposts any municipality may lay upon them, but, as far as he himself is concerned, the position is different, and he may pay such sum of money as he may think fit in respect of any motor vehicle used by the Administration. Under Clause 20, the Governor-General may make regulations with regard to the dimensions, design and structure particulars of various classes of vehicles used in motor carrier transportation. Under this provision it will be possible for the Minister to describe certain definite makes of motor vehicles, the colour they shall be painted, the thickness of cross-sections of the chassis, and every motor vehicle user can be compelled to use a particular type of vehicle, regardless of whether the particular class of traffic he may deal with may require such a class of vehicle. I would like to make one suggestion, and that is that the Minister might consider amending the short title of the Bin by deleting the figure nine and putting in the figure eight. I think this Bill, if it passes, might well be described as the Motor Carrier Transportation Act, 1830. This Bill is one which will affect every industrial, trading and agricultural interest in the country, and I appeal to the Minister not to press the measure through the House. In order to give the Minister an opportunity of reconsidering the matter, I would like to move, as an amendment—
In seconding the amendment which has been proposed by the hon. member for Turffontein (Mr. Sturrock) I feel quite confident that members on this side of the House, and that the people of the country, desire that this Bill should come before the House after going to select committee, and that the time for bringing it before the House should not be restricted to the 15th of this month as proposed by the Minister. This Bill has been introduced to meet the competition which the railways have to face, and it is a measure which in many ways I think the country has been expecting on account of the recommendations of the commission, but I think the Bill laid before the House by the Minister is of a very different type to that which the people of the country have been expecting. After reading the evidence and the commission’s report, it is clear that one of the most important recommendations they have made is that the board which it is proposed shall control transportation should be an impartial board, and one outside political interference. In my opinion, the whole essence of the Bill, and the question of the desirability of the measure depends on the question as to who is going to be represented on the board of control. The effect of the board of control, as suggested in this Bill, will be that the transportation of this country will be in the hands of the Minister. I think we are all agreed on the question of competition, and we are prepared to meet the Minister in any manner which is feasible, but we are not prepared to hand over to the Minister carte blanche such powers as laid down in Clause I of the Bill. I would like to read out clauses from this report which I consider in many ways form the essence of the control of this transportation question. In Clause 84—
I take it that it was in view of this clause of the commission’s report that the first recommendation was made—
The most important point in this recommendation is that it “should be free from political control, independent in character, and representative of diverse interests”; and yet we have, in this Bill a clause to form a body which in no way has any resemblance to this recommendation of the commission. In this report there is no recommendation as to the constitution of the regulatory body, but later we find it mentions the powers and functions to be conferred on the national road board. In section 198 (e) we find—
Although we can hardly expect the Government to accept appointments made by the various interests concerned in this country, I do think that the Government could itself make such appointments to the board which would then safeguard interests just as greatly concerned in this matter as the Railway Administration itself. And I feel that the Government should give us some indication as to their intentions in the matter. However, the two other commissioners put forward a recommendation that there should be a board of not less than three, and not more than five members, in no way suggesting that outside interests should be represented. There two commissioners represented the Railway Administration. I feel that the Minister has seized this recommendation put forward by the representatives of his own department, and that on this peg he is going to hang his hat.
I do not know what interests you mean.
Two commissioners were representative of the Railway Administration. With regard to the appointments on the lesser boards, which the Minister proposes to constitute, I feel there should be some representation of the provincial administration thereon. We have here a very good opportunity of allowing the provincial administrations who have naturally a knowledge of local conditions, to have some say in the policy of these subsidiary bodies. There is another point brought up by the hon. member for Turffontein (Mr. Sturrock) that the regulatory body which has been formed has the power to define transportation areas, within which, into, from and through which no public transport can be permitted. If we are agreed that the regulatory body is to have this power according to this Bill this is negatived, as by clause 7 the Minister can take the power into his own hands, not the regulatory body, which would be representative of the various interests. He will have this power. In clause 7 you will find that for the purpose of this Act—
It is not so much a question of whether the regulatory body will define these areas as of the Minister proclaiming these areas in the Gazette. I do feel that the people of this country and that the members of this House should have a greater opportunity than the Minister has offered us to express our views and feelings in regard to this matter. The railway transportation of this country, as the hon. Minister himself has said, is only just beginning to feel the pinch. We are to expect a great deal more If it is to be the problem that the Minister admits it is, we should have a longer time and we should have a greater amount of evidence upon which to base our legislation in this matter. In bringing this Bill forward as it stands the Minister has asked for a good deal in the hope that he will get a little more than he deserves. I hope that he will not consider that we are not prepared to meet him in this matter, and that the country is not prepared to give him, through this House, certain powers to meet this competition. We are prepared to do that within reason. At the same time, we all expect it to be fair, and it must be entirely free from the whim of any Minister of Railways. Further, it must be representative of the diverse interests concerned and not a Bill which is opposed to the general interests of this country.
In dealing with this Bill it is quite evident that the time has arrived when we should take stock of the position of the country so far as transport is concerned. You must take the transport service of the country in its widest sense in so far as it affects the whole country. The Minister has raised a storm of objection from the motor men. If you get into a thunderstorm and you have no macintosh, it appears to be the wettest rain you have ever known. That is the Minister’s position. This competition is hurting him more than any other because he is subjected to it in its intensest form. I feel that we should look at the matter in a reasonable light. Might I say this? I feel that there was an earnest desire on the part of the Minister to arrive at some method of transport in this country when he appointed a commission to go into the whole business. It was appreciated on the part of everybody in this country that, in appointing this commission, the Minister allowed the various interests to be represented on it. It was a wise step and much appreciated by those who had the privilege of nominating a representative to put their views before the commission. I shall refer to that later on in referring to competition and the suggested board put forward by the Minister. There is one thing clear to every thinking man in this country. It is this. It is impossible for us to fake any steps whereby we shall bring trouble and possibly ruin to the Railway Administration as such. It is impossible for us to accept any other method of transport for long distances. Where you have got heavy traffic to carry goods and also passengers over long distances, this system is absolutely essential. On the other hand, we have to look at the transport available to see if it is being used to the best advantage. I want to say this, that the administration, as such, has the appreciation of every right-thinking man in the country. They have conducted thein big organization very well indeed. We have had numerous complaints thrown at the Minister from time to time, from a broken cylinder to a broken tea cup, but in a big organization such as this, I think the administration can congratulate themselves on the efficient service that they have rendered to the country for many years. We were getting on very nicely so far as our railways are concerned. The trouble came the day before yesterday because a younger brother came along in the form of the motor bus, which has been cutting into the railway. It seems to me that the most reasonable way of discussing this matter and setting it upon a proper basis is to take stock of the position of the country and the transport available. There is no doubt from the producing point of view that we require the best means of transport and the cheapest method. If you look at it in that way you will agree that the only solution is to co-ordinate the two services we have available to-day, and to fit them into each other in their own spheres of action to serve the best purpose, and not merely to concentrate upon one at the expense of the other, and there must be no idea of suppression or anything of the sort. The findings of the commission extended over a wide field. I am in agreement with the Minister when he says that he thought it should be inadvisable or unnecessary to take further evidence upon the matter; because the whole country have been exercising their minds over this matter of transport for a long time. The commission went to various parts of the Union and collected a tremendous amount of information upon which they came to the kernel in the recommendations they have put forward. I quite agree in this matter that we need further investigation at the present moment, but I feel that that investigation should not be unduly prolonged, otherwise we shall leave over a matter which does require attention at the earliest possible moment. One of the matters that was discussed very largely and upon which they concentrated was the fact that we wanted some central board to organize and regulate the traffic in this country. That was decided upon almost unanimously. I should like to suggest to the Minister that, in so far as he is concerned, it was felt that there should be a bigger body and more comprehensive in its powers. In other words, that a Ministry of Transport should be brought into existence to control all methods of transport in this country, not only the railways and motor transport, but every other sort of transport. What will happen in the future is absolutely in the lap of the gods. It is not for us to worry about that either. We want to deal with the matter at our hands now —the railways and motor competition. In October, 1928, there was a large concourse of people met at Rome to discuss this very matter. There were 40 countries represented there and 350 delegates to discuss the matter. There was a resolution passed unanimously that there should be no suppression of motor transport in the various countries represented there, as no good purpose could be served by doing that. I would like to see the Minister elevated and put into a bigger field in which he could render signal service as Minister of Transportation. In that capacity, he would look at matters not only from the railway point of view, but from the angle of vision of general transportation which, of course, would include motor transportation. The railway road transport services have been of great help to the farmers and people would regret if they were hampered. On the other hand, it would not be fair if the railways hampered private enterprise in any way. At the same time, I realize that in certain areas there has been a wasteful transportation service, and if we had a body representative of the various transportation interests to coordinate all the transportation services, and allow to be continued only those which are needed, then a good many vehicles not required on the routes they now serve could be transferred to other, perhaps newer, routes where their services would be beneficially used. If the Minister accepted this suggestion I make he would be able to take a comprehensive view of the entire transportation services with an impartial mind and could use the best method of transport for each particular locality. I am sure producers would welcome such a proposal. It has also been suggested that the railway bus services should be extended. It is only natural to assume that at the same time the railways will recognize motor transport and incorporate it with the railway services. In other words, motor transport should be used as a feeder service for the railways and thus secure the cheapest and best means of transport for both farmer and merchant. It is wrong that one province should have a different scale of motor licence fee than another province. We have glaring instances in the Free State—the licence fees of which are lower than those of the other provinces—for men take out licences for their motor lorries in the Free State and run goods in Natal, in some cases nine-tenths of the mileage being covered in Natal as against one-tenth in the Free State. It is only by one centrally regulated body that the matter will be got rid of, and we will have equalization of taxes and the other conditions. While there may be differences of opinion as to some of the clauses of the Bill, the kernel of the whole thing is the personnel of the board which will regulate this work. If the Minister can assure us the board will be constituted of men with big ideas and practical knowledge, I am quite sure we will thank him for assisting us, because it is of material benefit all round.
The Minister’s having indicated he will allow this Bill to go to a select committee before the second reading, impels me not to extend any criticism to the Bill so far as its merits are concerned. I am substantially in agreement with the hon. member for Turffontein (Mr. Sturrock), in what he expressed this afternoon. What I rose to speak about is the proposal of the Minister that this Bill should be referred to a select committee, which is to report on the 15th of this month, and not to take evidence. I have never heard, if I may be permitted to say so, any more preposterous proposal put before the House than one like this. The Minister just before the recess stated that he proposed to move the first reading and to introduce the Bill so that hon. members might have an opportunity of studying its contents during the recess. As a matter of fact, the Bill was placed on the Table of the House only last Monday, and I have received communications, one from the executive of the provincial council of Natal and one from the Municipality of Durban, expressing the greatest possible consternation that no opportunity will be given them to place their views before a committee of this House. A rumour went round that the Minister proposed to send the Bill to a select committee, only after its second reading. I cannot think the Minister is serious with regard to this matter. An hon. member behind me says, it was unnecessary to go into the inquiry again. The evidence need not traverse the same ground as that before the commission, but surely the provincial executives are entitled to place their views before the select committee. Not only is transport allocated to the provincial councils, but the executives of the various provincial councils have been busy, I understand, for a period investigating this very problem, and framing legislation on the subject. The provincial executives want to have an opportunity of expressing, not to the Minister but to the select committee, their views on this very important measure, and even supposing that the taking of this evidence involves extending the date for the committee’s report, or even if it means that the committee cannot report this session, I think the matter is far too important to be dealt with so quickly as is proposed. This committee cannot be set up much before Wednesday of this week. That means that the committee will have just a week to consider this important matter, and report upon it. I want to appeal to the Minister not only to allow an opportunity for the provincial executives to state their case before the committee, but also to allow the municipalities to do so. It is quite impossible for these bodies to place their views before the select committee if the Minister is going to be obdurate as to the limitation of time. I can quite understand the desire of the Minister to get this Bill passed at the earliest possible moment, but surely as a reasonable man, he must realize that in order to do so he must either extend the session, and give an ample opportunity to people affected to give evidence, or he must let the measure stand over until next year. I think the House should hesitate to grant the Minister the power he is asking for, namely, to refer this matter to a select committee to consider all this important evidence, and to report within a week. The proposal is preposterous. It means that the whole matter will be shelved. There is no time for consideration, and the Bill will come back in the same form as that in which it has been introduced. I could have understood the Minister fighting for the principle that the board should be under his control, but having been so sweetly reasonable, and having allowed the measure to go to select committee, I appeal to him not to make a farce of it, because if the measure goes to select committee, and if the committee reports on the 15th of this month, no opportunity will be given to these bodies to represent their case.
I want to express my appreciation of the Minister’s intention to send this Bill to a select committee before the second reading. I am sure the Minister has no idea of the alarm caused in the country by this Bill. We have advised the Minister in a measure for the past six years that his methods of rating and the differentiation in railway rates would one day cause him serious trouble. That time has come, and I would like the Minister to reflect as to what is the cause of all this motor transport service. It is the policy of the department that has caused the problem.
Is that also the cause of motor competition in Great Britain?
There are principles which apply just as much in running a railway as a business of any kind. If you are not fair to your patrons, if you overcharge the people, your sins will find you out, and they are finding the Minister out. We have told the Minister by deputation from the Chambers of Commerce and Industries that his methods of rating and the whole position of the railways is entirely unsound. We have pleaded with him to do away with preferential railway rates, but all to no purpose. We have endeavoured to point out publicly and privately that railways to-day are loaded with charges which they are unable to bear. As I have stated before, when you get such charges as the cost of white labour policy reflected in your railway rates and also the losses on your branch lines, irrespective of whether the Railway Board have approved of them or not, so long will rates be high, and an injustice will be done to all railway users. It has been put to the Minister before that these two factors reflect tremendously on the rates. In your long distance traffic the rail charges are higher to-day than your peak war rate. The hon. Minister must admit that that is the position. Is it not an extraordinary position to exist? That applies to No. 1 rate right through. It is not Johannesburg only. It is Bloemfontein and Kimberley and all the other big centres as well. The cause of this motor transport is that here is an opportunity to do a certain amount of profitable business because the railway rates are too high. Just as surely as those rates are maintained at a very high level so surely will they be the part of the administration’s revenue that will be attacked. There is no attempt by the road motor competition to take away from the department any of the moderate-rated traffic; no attempt at all. The hon. Minister will agree with me that it is the short distance high-rate traffic, and it is only a matter of time when they will attack the long-distance traffic because of its high rates. Evidence has been seen of that during the past few weeks. Just as we are to-day meeting this road motor competition by this Bill, just as surely as we are meeting the short distance high-rate traffic, so, in the course of a few months, we shall be meeting the long distance traffic from our coast ports to the various inland centres. I repeat, that there is no other reason, no other cause, but that rates have been maintained at high peak rates and, consequently, the railway department is not competing. Here is an invitation given for the motor road transport to come in and do the business. The effect of the road motor transport—I do not say it with any desire to be joyful over it—but I think the effect of the road motor transport is being salutory upon the Minister and his department. Before I come to the Bill, I just want to notice the hon. Minister’s kindly reference to the two reports which we have had on which the Bill was supposed to be largely founded. The Road Motor Commission, the hon. Minister describes as a wonderful work. I have the greatest possible regard to the individual members on that commission. I consider that their report is an excellent one. There I agree with the Minister. I consider that the solution that they have brought about is probably just as good as could have been suggested. What I want to say to the hon. Minister when he raised this commission, is, why does he depart entirely from their recommendations? He praises the commission and tells us that it has presented a wonderful report and yet when he comes to the Bill he appoints an entirely different board, in entirely different circumstances from that which the board recommended. I believe that those who have studied the report will find it is almost acceptable to the country as a fair solution of the position. But the Bill is entirely new. It has nothing to do with the report.
Business suspended at 6 p.m. and resumed at 8.5 p.m.
Another matter of equal importance which reflects largely upon the present position and should be mentioned is the question of accounts and how they are kept by the Railway Department. The hon. member for Pretoria (East) (Mr. Giovanetti) asked a question last session as to the cost of conveying certain goods by railway, and the Minister replied that he was unable to give the information as the department no longer kept such accounts. I draw special attention to that fact, because I submit that, if the railway users had all the information they ought to have, the overcharges which have so consistently been made upon them would considerably be reduced. Surely the first thing in any business organization is a complete knowledge of your working costs, for, as many distinguished men have said: “Money expended in bookkeeping and auditing is always very well spent.” If the railway users were in possession of all the information which is their due, the problem supposed to be solved by this Bill would partly disappear, and probably there would be no problem at all. When we consider motor competition, we should remember the favourite position occupied by the railways in comparison with the position of the owners of motor vehicles. They pay no customs duty on their vehicles, tyres, petrol or anything else they use in connection with their business, and no railage from the coast to the interior. These are very big factors when you come into the field of competition. Competitive enterprise must pay customs duty on all articles associated with the business, and must also pay what may be termed high railway rates on its articles from the coast to the interior. The railways pay no licence to local authorities. The Minister will appreciate that these authorities have served the railways for all these years free. The railway uses the road and pays no taxation for that. A private enterprise has to pay licences to the municipality for every vehicle used. The railway already enjoys a monopoly in cartage from their stations to the various centres. Traffic from Kazerne in Johannesburg is very great, and enormous numbers of wagons are engaged in it. The charge paid to the railways is 2s. 6d. a ton. I have information that the price from Kazerne to Johannesburg is 1s. 3d. for a private contractor. Here you have the railway with its monopoly charging 100 per cent, more than any other carrier is prepared to do it for. That is a dangerous thing; the people of this country do not like monopolies, or anything that savours of them. If this Bill should pass the power granted by it would create an absolute monopoly; whether that is intended or not, I am not prepared to say, but I am certain there are powers which would create a great monopoly with regard to road transport and railway services. I submit that ought to give the country very grave concern, and that is one of the reasons why this Bill has been so badly received by this country. Since the House adjourned at 6 o’clock, I have received the following telegram from Johannesburg—
That, at any rate, will go to show that there is a strong desire that evidence should be called before the select committee. Now that the Bill is before us and the object of the railways and harbours is known, the evidence given before the select committee would be of a character totally different from that given before the Roads and Transport Commission. At least the telegram does show there is a strong desire that the Bill should not be rushed in the manner desired by the Minister, and if the select committee is to report before the 15th May. then it is clearly to be rushed, and the people interested will not have an opportunity of giving evidence. I will put up a suggestion to the Minister, after a little thought, and in the most kindly way, and that is to withdraw this Bill. There are many more reasons for its withdrawal than for sending it to a select committee. Nothing will put out of the minds of the people that we are going to build up a great monopoly, and if we do so let us, at any rate, take time to do it, and give the country time to consider it. If we rush it, it will be the worst possible thing for the country. Why should there be all these big restrictions which the hon. member for Turffontein (Mr. Sturrock) quoted this afternoon; all those areas, and all that kind of thing? Why not make common carriers of the transport riders? It has worked well in other parts of the world. They pay customs duty and licences to the urban authorities. I would suggest that if the Railway Department cannot compete on those terms, they do not deserve to be in competition at all. Surely if the Minister will withdraw the Bill, and have these motor carriers licensed as common carriers the situation will be better met than by this piece of legislation. The areas provided are really dangerous, because the board may consider that a certain area is sufficiently provided for. What will be done with the road motor transport, with these people who have invested their capital? If the Railway Board come to the conclusion that an area is sufficiently well served, they will say to these people who have built up a business: “Out you go, you have no right here,” and, according to the Bill, no one will have any right to say anything. We admit that we are desirous of offering protection to the railways. It is a great national asset, but it must not be used as a steam-roller against the people of the country, who have a perfect right to put up competition against it under proper conditions. I hope that my plea to the Minister to reconsider the position, and to pay some respect to the requests that are being made, will be successful. This Bill has not been well received by the country. I believe that if this Bill is passed it will retard progress, and do a considerable injustice to many people, while it will not tend to the building up of our railways on sound lines.
One would think that after the fair, reasonable and conceding attitude of the Minister of Railways and Harbours the House would agree to refer this matter to the select committee, and to do so as soon as possible, but hon. members opposite have apparently come here in the expectation that there would be a fight, and, although the casus beli has been removed, they, nevertheless, make the speeches we have heard. I think it is unnecessary for hon. members to discuss the matter at length in as much as the whole thing both as regards principle and details will be fully discussed by the select committee the Minister wants to appoint. I want to say a few words about the Bill, but I want to appeal to hon. members on this and on the other side not to detain the matter too long, but to let it go through, so that it can be sent to the select committee as soon as possible. The select committee can then go into the matter and advise the House. What one particularly deplores this afternoon is the inability of hon. members opposite who spoke to regard the matter from the wise national standpoint. Anyone who considers the Bill for a moment must realize that it is a matter of the utmost importance to our country. Everyone realizes that the welfare of the railways and also of the population of the country are at stake. We cannot allow our railways to go under or to suffer great losses, because if that happens, we as a people, will have to find the interest; then we shall have to suffer the loss, and writings off will have to take place, and we shall have to bear the burden if the railways are a failure. Instead of hon. members considering the matter from a large, national point of view, they come here to-day and actually want to throw the blame of the motor competition on to the Government. According to the hon. members for Turffontein (Mr. Sturrock), Hospital (Mr. Henderson), and other hon. members, it is the Government’s fault owing to the wrong policy they have followed with regard to the railways. Hon. members said that there would have been no necessity for the Bill if it were not for such wrong policy. Hon. members surely cannot take up such an attitude when they know that the question has already been occupying the attention of railway companies whether Government or private undertakings throughout the world for quite a number of years. This is 1930, and we are introducing this Bill while other countries, like Sweden, Italy and the United States of America, and Great Britain already considered it necessary in 1925 or 1926, either to take drastic steps or to enquire into this unfair competition by motors. It is, therefore, not the result of the Government’s policy of white labour, or, as the hon. member for Turffontein said, that too many articles required on our railways were made in our own workshops instead of buying them elsewhere. I should like to hear the views of the hon. member for Uitenhage (Mr. Bates) about that. I do not think that he would agree with it. The hon. member for Hospital said that our sins were now finding us out, and that it is only owing to wrong policy that it is necessary for us to introduce this Bill to-day. I do not think the hon. member really thinks so, and that he can seriously state it. I do not intend to defend the Government’s policy, but even if mistakes have been made it has nothing at all to do with road motor competition. It is an interesting question which railway owners throughout the world have been obliged to face. Instead of those arguments, hon. members did not go into the real point of the matter, and they did not point out what great danger it was to allow that unfair competition about which such an excellent report has been made by the committee on road motor competition. It is our duty in this House to consider improvements instead of reproaching the Government. Hon. members know that whatever the policy of the Government might be this unhealthy competition would, anyhow, have arisen, and, in any case, it would have caused the railways great loss. Now the hon. member for Hospital, and other hon. members, ask for the postponement of the Bill. The hon. member for Turffontein now asks why it should he forced through in 20 days. It is not a question of 20 days, because the Government appointed a commission a year ago which has gone thoroughly into the whole matter. Hon. members opposite, and their press, even admitted that it was a very good report which the commission has issued, and now they say that we must not be in too great a hurry. Do hon. members not agree that it is a serious and urgent matter? Do they not realize that it is such an urgent matter that every year, yes, every day, practically, that it is postponed, it will mean a great loss to the country? A Government which has read this report and considered it would not be doing its duty to the country and the people if they were to put off the matter any longer. The question demands speed, and we must immediately tackle it in great earnestness. The amendment by the Minister was objected to. The idea was that the Minister would not agree at all to refer the Bill to a select committee before the second reading, and hon. members base their attack on that. Now that the Minister has agreed the argument is that the select committee should have the right for calling evidence, but I ask whether that is fair? Here we have a report before us prepared after great labour. The commission heard no less than 184 witnesses, and no less than 69 public bodies offered to give evidence, and a large number of them were allowed to put their views before the commission. No less than 10,050 questions and answers are printed in the report. Everyone who knows anything of the question, and announced his desire to give evidence had a reasonable opportunity of doing so. Why then ought more evidence to be called for to-day? The largest section of that evidence will agree with the evidence already printed. It is a waste of time and money, and, in my opinion, absolutely unnecessary. We already have the feeling of the country on the matter. The second objection is that the select committee must report within a certain time. Well, it is possibly a pity that it must be so, but I think that we, on this side of the House, and I think that many members opposite realize the importance of this matter, and feel that it is necessary that the matter should be disposed of this session. If we allow too much debate in the select committee, and are going to call for evidence, the report will not be before the House in sufficient time to allow the Bill passing this session. I think it is generally felt throughout the country that the matter should not be postponed. Now the hon. member for Turffontein has, in the first place, praised the report, but then he reproached the Minister for deviating from the report. To me it is not yet clear how far the Minister has deviated according to the hon. member. The hon. member, however, advocates the report, but when it comes to a special point, viz., Clause 11, where the Minister has followed the report, he says that the Minister is there acting wrongly. The Minister told him that he has followed the report, but then the hon. member said that it ought not to be followed entirely. He wants to deviate from the report, and to choose what he wants to accept and the reverse, but the Minister may not do so. The Minister must follow the report throughout, and must not choose. It practically never happens that they slavishly follow the recommendations of the commission, and in this particular case the Government has accepted the chief recommendations and put them in the Bill. The hon. member for Turffontein and other hon. members opposite strongly object to the board which is to be appointed, It must not be a political body, but an entirely impartial body. I only want to say that in our country it will be very difficult to find a person who meets that requirement. It will be very difficult to find the so-called non-political body whoever we may appoint in the country. If Mr. A is appointed it will be said that he belongs to some party or other, and if Mr. B is appointed the same will be said. What does the report say. There is a difference of opinion in connection with the National Road Board. Three commissioners suggest a big board consisting of various persons to be nominated by the various interests in the country; the other commissioners differed, but they said in connection with the National Road Board—
It is therefore clearly pointed out here that we ought to have a board which is fully responsible to one body or another. Let us for a moment suppose that three, four or five persons representing certain interests are appointed and form a commission that are not responsible to this House, to the Government, or to the Minister, if the Minister were attacked on certain points he would shuffle out of it and say that Mr. so-and-so, who represents the agricultural population and Mr. so-and-so who represents the industrial population, decided about the matter, and that he has nothing to do with it. It might happen that they did things which directly conflict with the interests of the state. But we, and the Government, and the Minister could do nothing. It would be a separate body with full power about any matter. Such an important matter as the transportation in the country cannot so easily be taken out of the hands of the Government, and put into those of private bodies. That is one of the points on which, according to hon. members, the Minister has deviated from the report. I do not see it at all. Then hon. members opposite say that the monopoly is being created, and the hon. member for Turffontein said that it would put an end to all private motor traffic, and that all private motors that carry goods will be driven off the road. I do not think we ought to take it seriously. No one who has read the report and the Bill can seriously contend that. We, on this side of the House, welcome private motor transport to a great extent. It is a gain to the whole country, so long as it is economic, but as soon as it Becomes uneconomic a position is created by which our whole transportation system is undermined, and by which superfluous and economically unsound transportation is established in the country. That we must prevent and stop. An attempt is made in this Bill to put transportation matters on a sound basis. I do not want to go into the merits, because I feel that the same argument could then he used against me, that I have used against hon. members opposite, viz., that we must not go into details, and that the principle should not be adopted now. I am sorry that we cannot yet get so far as to adopt the recommendation of the commission to establish a portfolio of transportation. I realize that the Minister’s difficulties and the difficulties he has raised are well founded, but I still hope in the future we shall reach the position that we shall so co-ordinate and control our traffic that it will be more economically carried on throughout the whole country. There is one point which we must bear in mind, and I hope the select committee to be oppinted will do so, viz., the difference to be made between the traffic that feeds our railways and that which competes. In Italy they have a clear dividing line between the two kinds of transportation. A considerable concession is made to motor traffic that feeds the railways, but refused to motor traffic which competes with the railways. As the hon. member for Fort Beaufort (Mr. Hockly) has said, the two system of transportation must co-operate on a sound basis, and therefore the state must give assistance and help to the transportation that feeds the railways, but refuse any concessions to the motor transportation which competes unfairly. I fear that the Bill as it stands possibly makes no provision for the board drawing such a distinction. I hope the select committee will go into this point, and, if necessary, insert provisions allowing of such a distinction. I, and I hope all on this side of the House, welcome this Bill, because it is necessary not only In the interests of the railways, and the revenue, but just as much in the interests of the general public. The public is to-day misled by the motor transportation they get. They often think that it is in their interests to transport their goods by lorry, but we know that farmers recently sent their wool from the Free State to East London. The lorries then returned with petrol, but one fine day all the wool washed away in a river, and the farmer got no compensation from the owner of the lorry. The railways would have paid compensation. The farmers are, therefore, misled by an apparent benefit. For that reason I welcome the Bill, and we are glad, at least I, personally, am, that the Minister has agreed to send it to a select committee before the second reading, so that the committee will be able to propose any improvements without restriction, especially as it is a new matter which Parliament has never yet had to deal with. I hope the House will realize the importance of it, and will expedite it, and see that it is still put through by the House this session.
The objections to this Bill are so numerous that it is really a very difficult matter to know where to commence. I do not think I have ever known in the course of my experience in this House a Bill introduced at the tail end of the session which has so few friends, and which is so unanimously condemned by the country at large. Every municipality is against it. The provincial councils are dead against it. The whole of the motor industrial industry is dead aaginst it. The local boards are against it, and, last but not least, the general public, who enjoyed some measure of relief and assistance and profit by the introduction of a road motor system, are also opposed to it. Well, sir, one has to ask oneself what is the real reason for the introduction of this Bill, and now is it proposed to carry out the powers which the Minister is seeking? Taking the last first, the Bill proposes to hand over to the Minister—the most autocratic Minister in the country—powers which go even beyond those he exercises on the railways. It will give him control of the whole of the motor industry of South Africa, and with a scratch of the pen he can ruin any individual who he thinks is competing against him to the disadvantage of the railway. The Bill proposes to go still further, and the Minister under it is striking right across the Act of Union, and the duties and the privileges of provincial councils, and he is going to take under his control the management of the traffic on the provincial roads. The Minister himself—not his board, for, after all, the board is to be a puppet body—is going to dictate to the public and the provincial council of each province just what commercial traffic he is going to permit on any road in those provinces. It is one of the most monstrous propositions ever brought before the public, and a Bill of these far-reaching powers is actually introduced at the fag end of the session with the idea no doubt that it may be sprung on the House carried by a servile majority and inflicted on the backs of the public before, they know what is happening to them. That is what the Minister proposes doing. What I propose to do is a comparatively easy matter, and to show that it is the Minister personally, solely and entirely, who is responsible for the situation that has arisen on the railways, and which has produced the necessity of the Bill. When the Minister first took office, in spite of the advice of his expert advisers and the warning which fell from many members of this House, he launched his white labour policy. That policy was really already in being, but it was one of those innovations which required to be introduced with the utmost circumspection. White, unskilled labour should be used only in that measure and degree and rates in which the railways could absorb it. We do not find fault with the Minister in principle, but with the manner in which he carried out his policy. He was warned that, if he rushed the white labour policy, he would be unable to pay the men a decent living wage. That has proved to be the case. He was told that if he placed vast numbers—16,000 is said to be the number— of additional Europeans on the pay roll of the department, he would, not only be paying them a miserable wage, but be throwing the whole cost on the backs of the railway users, a burden which they might be unable to bear. That burden to-day, it is estimated, has cast an additional expenditure on the railways of approximately a million per annum, although the Minister has quoted the figure of 01,500,000. In fact, there are so many of these white labourers that we on this side have repeatedly demanded an increase in their wages, but the Minister protests he cannot do so. At least, that is what he told us when earlier in the session we urged that their wages should be increased. The additional cost of this white labour thrown entirely on the railway revenue has made it impossible for the Minister to reduce railway rates, and the railway users very naturally turned to the only relief, obtainable, and that was the offer of services by private enterprise at lower rates than the railways were able to charge. If there is anything in my arguments there is no necessity for the Bill. Surely a railway with a public exchequer at its back ought to be able to enter into a competitive war with 40 or 50 motor trolley owners.
Do you object to the railways starting motor bus services?
The railway service has started buses and private enterprises are still able to beat them, or at any rate hold their own.
Where?
In Natal. The railway imports its motor vehicle, tyres and petrol free of duty and yet, notwithstanding all these advantages, it asks for power to drive its competitors off the road. There is the moral aspect. The Minister is personally responsible and has a Railway Board which does everything he requires it to do, and now he proposes to take over motor traffic on the public roads and to lay down what public roads shall be utilized for commercial traffic. He appoints the board to see fair play. According to the report of his own commission that board was to be an independent one. Had it been an independent board, representing the interests of the people of this country generally, something might have been said for it, but the Minister has laid down in this Bill that the findings of the board shall be the findings solely of its chairman. Did you ever hear of a board which proposes to look after the interests of the people, and only the opinion of the chairman is to have any weight? His words are more careful than that, but that is the interpretation of it. It is only the chairman and any one member who carry weight. The reason is obvious. I take the gravest exception also to a form of legislation which cuts quite across the statutory duties laid down in the Act of Union, and allocated to the provincial councils, which may make ordinance in relation to matters coming under roads, outspans, ponts and bridges. Now, this Bill is interfering in a fundamental way and manner with the rights of the provincial councils, and their control of the traffic on their own roads. This is how the Act of Union is gradually being whittled away by legislation of this character. I maintain that if it is to be tampered with or altered it would be infinitely more honest to do so by special Act of Parliament; but to do it by a bare majority of this House is hardly justifiable. The Minister would be doing a very unwise thing if he does it; he may rest assured that acts in themselves wrong will in due course bring their own punishment. I have no hesitation in saying that this Bill should not be passed by this House in its present form, particularly at this stage of the session; but if the House in its wisdom decides to send the Bill to a select committee, the right committee is the one which sits on railway matters, which is best qualified to deal with the Bill, and it has practically finished its work for the session, and quite able to deal with the matter.
It looks as if hon. members opposite are against debating this Bill. The hon. member for Ladybrand (Mr. Swart) at least suggested this. The Bill is, however, of such great importance, not only to the State, but to everybody in South Africa who is concerned in the farming industry or our industries, that I think that any debate of this Bill should be welcomed as well as the fact that the Bill will go to a select committee before the second reading. Still it is necessary to inform the select committee what the feeling of this House is and what amendments ought to be made. I was glad to hear the Minister say that one of the important points in connection with our system of transportation was cheap transport. If we want to develop the resources of our country we must have cheap transport. In this respect the Minister is keeping his word. I remember the time when the Minister sat on this side of the House, when there was no stronger protagonist of the principle of low railway rates in order to attract traffic to the railways. The question to-day is whether the Minister is going to carry out in practice in his department the conviction which he had when he sat on this side of the House.
He has reduced the railway tariff.
Yes, but his predecessor reduced it during his time by three times as much as it has now been reduced in seven years. But I want to say this that I think that the Minister will agree with me that what is at the basis of this trouble is the first question we must put, viz., whether the railway rates are as low as possible; are our railways run on the basis of rates which are according to the tarifis suggested by the Act of Union? The railways must make no profits, but practically exist for the development of the resources of South Africa and of our industries, and for the general development of our country. I feel that there is a great deal to be said in favour of certain steps being taken for making provision to control motor competition. But I say again that before we take such drastic steps we should first be certain that the railways sufficiently compete with the private motors that there are in South Africa by means of low rates. It is undoubtedly the case that this Bill is a serious encroachment on our private rights. In its present form the Bill affects private rights in all kinds of way, and in all directions. I was astonished, though pleased, to see the two members of the commission who signed this report agree with this statement of mine, and I think they are political friends of the Minister. I see in to-night’s Cape Argus there is an interview with Mr. Borain and Mr. Gundelfinger. The paragraph in the paper reads—
Will you show me where private rights are taken away?
I will ask the Minister to read the Bill again. What powers of control are not contained in it?
Exclusively to grant certificates and to decide upon the recipients.
Will the Minister, as a lawyer, say that the board will not have the power of encroaching upon private rights?
To apply restrictions.
What is that but an encroachment?
Do you then want unrestricted competition in traffic?
I am now dealing with this Bill. My argument is that before we pass such a drastic measure we should first ask whether the railways are run at the lowest rates that are possible to enable it to compete with the private vehicle. Take the farming population; our farmers are at present having the most difficult time that I, as one who lives in the country, can remember, and I do not live in one of the economically weak districts in the country. The farmers are suffering in every department of farming. They have to battle with higher cost of production and the farmer to-day has the right of using any means by which he can get his produce to the market more cheaply. If the House gives the powers to the board of control that are proposed in the Bill, motor transportation on the countryside on which we are dependent may suffer great damage.
In what respect?
Perhaps the Minister does not understand it, he does not live on the countryside.
No, but I know conditions there.
Many of the farmers’ products, e.g., oats and barley are almost unsaleable. If a farmer now wants to send his oats or barley for thirty or forty miles to a certain larger station, because he can then sell his produce cheaper, then it can be regarded as competition with the railways.
You are quite wrong; the farmer also can transport his own produce under the Bill as much as he wishes.
We have bywoners who live with the farmer, and they possibly have a lorry with which they carry the farmer’s produce.
Do you want to tell us that a bywoner has a lorry?
Of course. I do not know what kind of bywoners live in the districts of the hon. members opposite, but in my district we have bywoners who often sow large areas on their own account, and own a lorry of their own, and it may happen that they may also carry the farmer’s produce to the station. In that way the rights of the farming population may be curtailed. Take, e.g., the wine farmers at Stellenbosch and Paarl, they find that, notwithstanding the concession of the Minister, it is more convenient for them to use a lorry. Although the Minister has reduced the rates to meet the position many farmers prefer a lorry because it comes to the farm, and in a few hours time the load is delivered to the buyer in Gape Town. Such a lorry can carry a few loads a day, while with the railways it may take a few days to deliver them. We must consider that the cost of transportation should be kept as low as possible for the farmer, so that he is able to dispose of his produce with as little expense as possible. We must also consider whether this Bill will result in the farmer possibly getting less for his produce than he does at present. I am thankful to the Minister for agreeing to send the Bill to a select committee before the second reading. I hope the committee will go thoroughly into the question of the cost of transportation, and the cheapest way in which the farmer can take his produce to the market. There is another class of society who are much interested in motor transport; it is the large number of poor people who possibly have a little capital, and put it into a lorry, or they buy the lorry partly on credit, and who make their living by transporting passengers, perhaps they will compete with the road motors of the railway department, and no licence will be issued to them, but those people have their rights as well. By giving the board of control unlimited power there is a danger of an encroachment upon the rights of these people. I am convinced that the Bill will have very great results and therefore it is desirable that the select committee should go carefully into the basis on which the Bill should be drawn. As I have just shown on the blue book, 180 witnesses were heard by the commission, but of those there were only 11 interested in farming; the other 170 were townspeople, representatives of municipalities, secondary industries, chambers of commerce, etc. Then most of the farming representatives were officials of farmers’ associations, but the farmers who are actually farming themselves were not witnesses. Therefore, I want to suggest that it would be a very good thing if the Minister did not lay down that the select committee may not take evidence. The Bill is so important, and the board has to consider so many private interests, inter alia, the interests of the farmers, that, in my opinion, it is the duty of the Minister to allow further evidence to be heard. The select committee will naturally not be so unwise as to summon unnecessary witnesses. In my opinion it is necessary for the select committee to hear representatives of the class I have referred to, especially if we are in earnest that the select committee should propose a Bill which is acceptable to the majority of the House, and which does not encroach too much on the people’s rights. The Minister must not allow the impression to arise that State property must be protected without consulting the public. The State is powerful, and the Government can pass any Bill, but notwithstanding that power it is surely the duty of the Government to allow an opportunity of hearing evidence in legislation so important as this of persons who are really councerned in the matter. This is the 5th of May and on the 15th the report has to be presented, and if Saturdays and Sundays are to be deducted I ask how is it possible for the select committee to consider properly the Bill in those few days?
You forget that evidence was taken over a period of eight months by the commission.
Yes, I value that evidence, but those two classes that I have named have not been heard. I always thought that hon. members opposite said that they sympathized so much with the poor section of the population, and had so much consideration for them. They are greatly concerned in the lorry transportation.
There was no restriction to the evidence that was given before the commission.
I think I have said enough to convince the Minister that he ought not to insist that no evidence may be taken, and that the select committee should report within a fixed period. He went so far as to agree that the principle should not be adopted before a select committee had considered the Bill, and I hope he will now also withdraw his conditions.
I listened attentively to the speech of the hon. member for Caledon (Mr. Krige), but he must not forget that there are two sides to the matter. He forgot that the Governments and Parliaments for more than 60 years have been engaged in putting the money of the taxpayer into our railways. It is now nearly 70 years since we started building railways, and up to the present about £150,000,000 has been spent on our railways. The railway system has gradually been spread over the whole country, and I ask where the motors were when the railways were built. Each hon. member is responsible to the public. The Governments and Parliaments put the people’s money into the railways, and are we to sit here and fold our hands and allow the private motors to ruin the railways? Do hon. members realize what is going to happen if we allow present conditions to continue? Things have already gone so far that the motors carry loads from the harbours to the interior. It will extend to such an extent that the railways will go under and the result will be that the railways will collapse to such an extent that the lines, as we have seen in the Cape of the Sea Point line, will have to be broken up. Who will then pay the £150,000,000? Who will pay the interest? The public. We must look at the matter from two sides. The Bill does not want to kill private motor transportation, but to regulate the traffic so that the railways can exist. Not only has the amount stated been put into the railways, but there are also about 80,000 to 100,000 workers who earn their living on the railways. What is to become of these people if the railways close down? The hon. member for Zululand (Mr. Nicholls), I think, put the blame on the Government owing to its employing white labour on the railways. Can a country exist on cheap labour? There is something behind this. This is another case of pocket patriotism. It was noticeable how the traders got up one after the other and protested. But we know that they transport their goods themselves for their businesses, and the worst of the whole thing is that the motors carry that class of traffic for which the highest tariffs are paid, and the goods on which the railways charge the least they abandon to the railways to carry. The matter has two sides. What would be the result if the railways collapsed? Who would pay the interest on the capital, and what would become of the 100,000 railway men? The hon. member for Caledon spoke about the small private people buy a motor for £100 and carry their goods. That is not prohibited in the Bill. This Bill only regulates transportation, and I am in favour of something being done against unfair competition.
I cordially support the principle of the Bill at present before the House, and I congratulate the hon. Minister on having united the South African party over this matter. I think he deserves our congratulations for that. But I have listened with some consternation to the arguments put forward by hon. members on this side of the House against the Bill. I take the case of the hon. member for Durban (Greyville) (Maj. Richards) who opposed the Bill mainly because, he said, it was interference with private enterprise. The gospel of private enterprise and unchecked competition has been asserted and, therefore, the Bill must be abandoned. One of the reasons he put to this House, a startling reason in my opinion, was that one of the difficulties that the South African railways at the present time, was due to the fact that white labour was being employed on the railways. I do not know what they propose to do. Do they propose, if they have the opportunity, that they will get rid of the white labour force on the railways? If they do not want to get rid of the white labour force on the railways, who do they suggest? I think the hon. member for Salt River (Mr. Lawrence) will agree that the railwaymen are being paid inadequately to-day, and yet if the argument is to be followed to its logical conclusion, what they want is not to pay the railwaymen inadequately, not to have the present cheap labour, but to have cheaper labour.
I never said so.
But that is a logical conclusion. Would the hon. member for Durban (Greyville) suggest that the railway should endeavour to cope in the ordinary course, with the competition? He said, “Have a fight with private enterprise in the matter and if you win well and good.” I can quite conceive that if the railways started a cutthroat competitive fight with private enterprise, we should have the rafters ringing with the cry, “We are losing state money and state capital in order to freeze out private enterprise.” They cannot have it both ways. If you say that is a matter where private enterprise must remain unchecked, then go the whole hog and say, “Let us scrap the railways and hand over the whole matter of transport to private enterprise.” Unless you do that, I submit that the only logical position to adopt is the position contained in the principles of the Bill which say that some definite control must be taken if the railways are to stop this unchecked and unfair competition that is going on against the railway service in this country. I have also received a telegram from the Johannesburg municipality. I want to say at once that I desire to see, and I am sure that the Minister desires to see, that nothing shall be done, no provision shall be put into the Bill, which shall in any way interfere with the rights and privileges of the municipalities. I do not know of any municipality, at any rate the Johannesburg municipality, that has embarked upon transportation for the purpose of carrying freight, so I do not see any possibility of competition between the railways and the municipality. In any case. I hope the Minister will give a definite assurance that nothing will be done to prejudice the municipalities in connection with this matter. The Johannesburg municipality is not against the Bill. It desirees to have an opportunity of giving evidence before the second reading of the Bill. As I understand the position, the Minister has anticipated, to a great extent, the wishes of those public bodies by agreeing to send the Bill to a select committee before the second reading, but without taking evidence in the ordinary course, because a tremendous volume of evidence has already been taken on the matter. If the municipalities desire to submit their views on the financial position, I take it that the select committee, which will be appointed, will be competent to receive such statements and consider them in making any amendments to the Bill that may become necessary. I hope the Minister will deal with that point when he replies. The hon. member for Turffontein (Mr. Sturrock) and the hon. member for Hospital (Mr. Henderson) put up the same arguments, “You are interfering with private enterprise. You should allow it full sway and it will be to the advantage of the whole community.” Those hon. members are years behind the times. They must know perfectly well that people to-day embark on industry on the biggest scale. The leading industrialists in England and on the continent, to-day, have definitely thrown over this shibboleth of private enterprise and competition. They have definitely realized that if they are to be carried out effectively and efficiently they must have what they call rationalization. They cannot allow an individual here or there, or a small company here or there, to come in with cutthroat competition. They must secure the most efficient possible service with the least possible overhead expenses. If that is the view taken at the present moment by the great private industrialists, how much more is it right that they think it desirable and necessary that these principles should be applied to enterprizes where the state is concerned? That is the actual position to-day. It is no good at the present stage to try and make your facts fit in with the theories. We have to say to-day that whatever theories we hold, shall be applied to the facts of the situation and see that the best possible services are secured for the community as a whole and the greatest possible rights are also secured for the community, as opposed to the rights of private individuals fighting against the Bill. The Johannesburg municipality have bad some experience. Probably other municipalities have also had some experience. In Johannesburg, we have had our own experience which justifies us in supporting the principles underlying this Bill. In Johannes burg we spent a large sum of money in establishing trams. The trams have been running for many years, and now, suddenly, we start getting the motor bus competition. There is no doubt whatever that, in the matter of a few years, that bus competition may turn the Johannesburg trams from a paying and flourishing-concern into a non-paying concern to the detriment of the community as well as to the detriment of the ratepayers. That competition was grossly unfair as is the competition to which the railways are being subjected. You may get a man who is in a position to buy a bus, not necessarily a good bus or the best one. He may employ the cheapest possible labour, and he will run a tram, and he will say what traffic he will carry and he will also say what time he will run the bus, and the trams of the municipality cannot possibly compete with him. If anyone travelled on the trams and met with an accident the citizens of Johannesburg paid them damages, but if anyone travelled on the little buses they had no security that if an accident occurred they would receive compensation. Nor, again, had pedestrians any safeguard in the event of their suffering injuries from a privately-owned motor bus. I agree that the time is coming when you will have to compel people using transportation which may jeopardize the lives of the public to insure against third party risks.
You might as well compel private motor-car owners to insure against third party risks.
The hon. member does not mean that. The trouble which confronted the Johannesburg municipality has been the trouble of the South African railways, private enterprise for the carrying of goods having been started here, there and everywhere, without any check, without any time table, and without any obligations to carry any freight except such freight as they please to convey. I remember several years ago being a member of the Unemployed Commission. Incidentally we investigated agricultural conditions, and we had evidence given to us by small farmers who said that the real difficulty was that a good deal of their produce was wasted because they had no means of getting it to the market. The Government, however, by developing road motor transport is doing something to get over that position, but private enterprise will not fill the gap, for it will simply carry the most remunerative class of freight. This means that not only are the private motor lorry owners knocking out the railways, but also to a very considerable extent they are being used by the big agriculturalists to the detriment of the small ones. The Government, which is responsible for transportation, must take the necessary steps in the interests of the taxpayers as a whole to see that nothing shall be done to jeopardize the existence of the railways, by leaving the carrying of freight on the road to the whim of a few private individuals. Public money is invested in the Government railways—railways which not even the Opposition dares suggest should be scrapped. Surely it is a business proposition for the House to say, “We are not prepared to allow indiscriminate competition against the railways, for it will convert the railways into a non-paying proposition and the taxpayers will have to meet the deficit by means of increased rates or fares or the railway servants will have to suffer.” On the one hand you have invested money to establish a huge state transportation service, and on the other hand you are going to allow private enterprise to come along, waste your assets and lessen your opportunities of making your state service a payable one. That is not a business proposition. The Bill, as a matter of fact, is a very moderate measure. It does not suggest the establishment of a state monopoly—it suggests that a board of control shall have the right to see that private enterprise competes fairly with state enterprise, and places private motor services in the same position as the Government transportation service. If you are going to have private enterprise in this matter it is only right and reasonable that it: shall be controlled as is proposed in the Bill. Unless you do that you will not only endanger the railways, but you will be creating a means by which there will be unfair competition, and penalizing the small agriculturalists, who may find that unless Government steps in they cannot get their goods carried to market at a reasonable rate. I hope that the Minister will see that the measure goes through, subject to a few amendments. I take it that we on these benches shall not be represented on the select committee on the Bill, so I will mention another matter—when the board refuses a licence to give a motor transport service to a place which has not already such a service the Government should provide the service. As far as possible the board should be entirely free of political control, which is the principle of the Act of Union so far as the railways are concerned. Unfortunately in 1910, when the first Railway Board was instituted that principle was departed from, and instead of there being a board of business people there was a political board.
No, a board of experts.
The Railway Board should be converted from a political board into a business board of capable men. The board should be an independent business body. I hope the Bill is only a fore-runner of the establishment of a Minister of Transportation and of the initiation of a complete transportation service for the whole of the Union.
I want to congratulate the Minister on having gained the support of the hon. member for Troyeville (Mr. Kentridge), who is optimistic if he thinks that business men are going to be put on this board any more than on the Railway Board.
And the Perishables Board and the Shipping Board.
I cannot go through all the boards. It is difficult for me to criticize every board without a thorough investigation. I suggest that the Minister appoints another board to go into all the boards there are at present. We on this side are thoroughly in accord with the regulation of motor transport; there will be no criticism there. There is criticism of the suppression of motor transport, not the regulation of it. What we want is a fair deal and no favour as between private motor carriers and the Railway Administration. We recognize that the private motor carrier has certain advantages, as mentioned by the Minister, but he must recognise and realize the Railway Administration also has many advantages as against the private motor carrier. These have been mentioned already, such as freedom from customs duties, local taxation and road dues. The railway does not pay rates on a garage which a private person has to do; so on the balance, if the Minister is making a correct debit and credit account, I do not know whether it will be in favour of the Railway Administration or of the private carrier. We want a fair deal to both sides, and let competition favour the most efficient. If the railway carries on its business efficiently it can depend, at any rate, on all transport over long distances. Motor competition there will be only for a certain distance, provided that the railway is efficient. We hear of petrol being transported by private carriers from East London to the Free State, that is due to the railway not being efficient. The Bill is an entire negation of this doctrine of a fair deal to both sides, and the dice are weighted against the private carrier. To me it looks as if the Bill has been drafted before the commission reported. It reminds me rather of the Welsh football team playing a very hard and rough game when a player having punted the ball into a muddy pond the team tried to find the ball without success, and one of the players shouted, “Don’t worry about the ball, you fellows; let’s get on with the game.” When the Minister’s officials were studying the commission’s report, I can picture the Minister saying: “Come on, you fellows; don’t worry about the commission’s report, let’s get on with the Bill we originally drafted.” The Bill has not followed the commission’s report on any major and important point; in nearly every case, it has taken the purely railway view of the matter. The Minister said that the railways had originally developed the country and now they had done so, motor transport came in and had taken away some of the trade of the railways. I may explain to the Minister that is a natural effect of the development of any country. You cannot expect because you first developed it to have a monopoly for ever afterwards. If the railways had done their business efficiently, when they got the first start, they ought to have held their own because or the advantages of being the first in. The next point the Minister made was that the private carrier has to pay much lower wages than the railways. He should see his colleague, the Minister of Labour, and suggest that there should be a Wage Board. I understand the Wage Board has made a determination and the Minister of Labour is introducing a Bill to strengthen his hand, particularly with regard to the determination in connection with motor transport. Therefore there is no reason to put that up as one for promoting the Bill in the form in which it is. The matter can be dealt with by a wage determination, and fair wages paid to these people. The next point was that motor transport paid nothing in the upkeep of the roads.
I did not say “nothing”; I said “not sufficient.”
We do not require a Bill of this kind for dealing with this purpose.
The Bill does not deal with that.
The whole of the commission’s report agreed that that should be changed.
But the Bill does not deal with it.
You do not need a board specially designed to look after railway interests in order to put a matter like that right. I suggest that an extra duty be put on petrol, the whole of which should be used for the improvement and maintenance of roads. And I also suggest that an extra charge be levied on heavy motors carrying goods and passengers which would go towards the upkeep of roads; it would be a right thing to do as these heavy motors increase the expense of road upkeep, but that matter can easily be dealt with, and does not affect the principle of this Bill in any way whatever. Then the Minister mentioned the increase in the number of motor-lorries. That shows there is some enterprise in the country. Surely that should be a source of gratification, that private individuals are doing their best to help to overcome the transport difficulties of the country. The Minister rather made a point of the question of protecting the railway service, and said that if this competition goes on it will be a serious thing for the railway service. I look at this problem from an entirely different point of view. I think that if you can develop the country with motor transport, or any other form of enterprise, you are going to broaden the sphere of employment for every man in the country. I do not think it is going to be a harmful thing to the railway service to develop the country through motors. Whenever any new form of machinery is brought before the people to improve any form of production or distribution, this cry is always raised. As a matter of fact, as one sees in history, it has done just the opposite. It has broadened the sphere of employment, and not lessened it. Then there is the question of the motor carrier publishing a tariff. One notices all through the Bill that a man shall not be allowed to charge more than the tariff rates, and also that he shall not be allowed to charge less than the tariff rates. I can understand that in the interests of the country the Minister may lay it down that before a man obtains a licence he should draw up a tariff, and that he should not be allowed to charge any more; but the Minister says that he shall not charge any less. I do not agree with that.
Will you allow them to give rebates?
If what the Minister proposes is done, there will be a lot of underhand rebates. The price at what a motor carrier can take goods, say, for instance, from here to Hermanus, is affected by the question of a return load. A motor carrier will carry a load for less, if you can guarantee a return load, as compared with the position if he has to go to Hermanus loaded and come back empty.
Would you advocate that for the Railway Administration, too?
I am merely mentioning the difficulty of asking a motor carrier to give you a rate for a certain journey. The railways have that condition now. They give you a reduction on a return ticket.
I am referring to goods.
That is a very good instance, exactly the same position as the carrier with return freight. While the Minister insists on the motor carrier working on a fixed tariff, which can only be altered by reference to a board, he can reduce the tariff on the railways at a moment’s notice. The poor man who is competing with the railway can be held to his tariff until he is broken.
He can always approach the board for an alteration of his tariff.
There is a certain part of Clause 10 which applies to all vehicles. I do not know whether the Minister intended that it should.
Look at the definition of motor-vehicle in Clause 1. We are referring to motor-vehicles in this Bill, not to ox-wagons.
There is no definition of vehicle. In Clause 10 you have The words “by means of any vehicle.” If you meant to say “motor vehicle” in both places, why did you not say so?
It refers to motor vehicles.
The hon. member for Caledon (Mr. Krige) spoke on the effect this Bill would have on the farmer. I may also point out to the farmer that it is not going to be of any particular benefit to him to damage the motor industry. The motor industry is a very considerable one, which employs a great number of men, and spends a great deal of money on farm produce, as well as on other things, and it is not to the interests of the farmer to decrease his market. It is not going to be to the interest of the farmer to cut out all possibility of competition with the railways when getting produce to market. That is what the farmer has to bear in mind. As the hon. member for Caledon (Mr. Krige) says: “If one wants to get produce into Cape Town with any celerity, one can ring up a firm of motor carriers, who will bring it in no time.” If the Bill passes that would prevent the farmer using that form of competition, to his detriment. A good deal has been said about the £140,000,000 invested in railways. It is a difficult and important point, but the fact of having so much money invested in railways indicates the necessity of efficient running, and, from my own experience, some of the competition from which the railways are suffering to-day is caused by their inefficiency in the past. I can instance the case of the Cape Town-Simonstown line. For years we were treated almost like cattle on that line. Now the motor-bus has come along, and the railways are beginning to buck up and get efficient. But the motor-bus would have had less chance in the Cape Peninsula if it were not for the inefficient handling of the passenger traffic on the railways. My main objection to the Bill is the constitution of the board, and the Bill can never be any good while the board is constituted as it is. The hon. Minister said he objected to the board as suggested by the commission, but I do not see why such a board, with representatives of various interests and of the provincial councils, should not be quite efficient. The Minister said it would not do because it is not responsible to this Parliament. Well, I do not want it to be. Instead of looking at the matter from a judicial point of view, they would look at it from a political point of view.
Do you not look at it from the point of view of the Opposition?
It does not matter whether I attach any importance to it or not, but if the hon. Minister attaches any importance to it—if on the select committee—he accepts the views of the Opposition, he will get a workable scheme efficiently regulating the motor transport of the Union.
May I appeal to the Minister to reconsider his decision as to the select committee not taking evidence and having to report by the 15th? I have received a telegram from Durban asking that they may be given an opportunity to represent their views to the select committee, and I appeal to the Minister that they may be allowed to do so. I do not think it will occupy a great amount of time, and I certainly think it would be worth while. I am sorry the hon. member for Pretoria (District) (Mr. Oost) is not here, because he has introduced into this House motions for the abolition of cartels, combines and trusts generally. Here we have this Bill seeking monopolistic control over all the transport in the Union. If the hon. member for Pretoria (District) were here he would either have to vote against the Bill, or be inconsistent. Monopolies are sometimes justified. I suppose that railway monopolization at its inception was justified, but there is no necessity to-day for the Government to have control of transport in this country. It is the competition which has been brought about which has resulted in the present degree of efficiency of the railways. If this competition is removed, the railways will lose a valuable stimulus. What we must aim at is to preserve our railways and utilize them economically, but not at the expense of this very valuable motor transport. The Minister proposes by his drastic Bill to destroy the future of motor transport. He wants, as the hon. member for Turffontein (Mr. Sturrock) says, to make motor transport like the railways—a repressive measure which is not calculated to get the best out of motor transport in the country. All that is required is regulation, and a certain degree of competition for the railways is a very desirable thing. If this Bill were to go through in its present form, the railways would be without this valuable competition. I do not think the Minister meant the Bill to go through in its present form. I think he realizes the Bill can be made more reasonable, and I hope he will continue in that spirit. This Bill is not the legitimate offspring of the commission’s report. There is very little relationship between the two. If there was we could accept the Bill on this side of the House.
What did the hon. member for Fort Beaufort (Mr. Hockly) say about that?
I do not know. The commission’s report is, generally speaking, an excellent report. If the report was perfect to the last degree it would be an amazing and phenomenal report. It is not that. It is, generally speaking, a fairly good report, and I think the majority of members on this side of the House are prepared to accept it. But we are not prepared to accept it lock, stock and barrel. There are directions in which it can be improved upon, and the people best calculated to improve upon it are hon. members on these benches. I am not quite clear why the railways worry about this competition. Where is the unfairness of this competition? I can only see one place of it which can be interpreted as being unfair. That arises from the extra mobility of the motor. Due to that mobility it can be utilized to take snatch advantage of a rush of traffic offering, say, at the week-end. I admit that is unfair competition. Other than that, I cannot find any unfairness in the competition. What are the facts of the case? We know steam traction is cheaper than petrol. We know that railroads are easier than roads. They have a perfect surface and easy gradients. Railway transport, therefore, must inevitably be cheaper than motor transport. In addition, the Minister in charge of the railway transportation monopoly has all the resources of the state behind him, and he is not worried at the possibility of running at a loss. If he does run at a loss it does not affect his job or the job of his servants. The losses are made good by the state. For these reasons I cannot see any unfairness in the competition. I wish the hon. Minister had made it more clear in his introductory speech. I can only conclude that the overhead charges are too high, or the management is not economic. In fact, I see no other deduction than that the Minister is not making a success of his job. Otherwise, if he was, if his department was being efficiently administered, there would be no talk of this unfair competition. In other words, Goliath complains that David is not a fair competitor. It seems to me that is a reversal of all logic. It is really an indictment of the Minister himself. The mere fact that he finds it necessary to introduce this Bill is an indictment of himself and his department.
Do you think that of the directors of all the companies in Great Britain and in other parts of the world?
Yes, if they are acting similarly. I question if any Government in any other part of the world has introduced a Bill such as this, and of such force as this.
It is more stringent in America and in many other countries.
I very much question it.
What about England?
Yes, and England?
The Minister complains that motor transport in competition takes advantage of the high rate level of traffic. Surely, the remedy is in his own hands. Surely the way to meet it is to reform his rates’ policy if necessary. If my assumptions be correct I can see my way to make no other conclusion than that his overhead expenses are too high and the management is not economic. The Minister must take the consequences and reform his department accordingly. No reference has been made, so far as I am aware, to the question of the fuel tax. The principle of a fuel tax has received the blessing of the commission. It seems to me that this would be an appropriate time and place for the Minister to have dealt with that question. For my own part, I feel it is desirable that if any handicap at all is put on the motor transport the direction it should take is that of the fuel tax. Now I want to say a word or two about the composition of the board. The composition of the board is outlined in this Bill, and I see here another veiled attack on the provincial council system. Why is it necessary to start, as the Minister has done here, and build his system of control from the top downwards? He proposes to appoint a regulatory body, a road transport board at the top, and below, a series of local boards dotted all over the country. In other words, he is putting the roof on the house first and building the foundations afterwards. That is quite wrong. We have already the very best foundations that he could wish for. We have our provincial councils functioning satisfactorily, generally speaking, in most of the provinces. Why not use that foundation? Why not use that as the basis on which to build the Road Transport Board? The only difficulty that might occur will be when any proclaimed transport area or route crosses the boundary of two or more provinces. That difficulty can be met by appointing a special local board for that spot from the provincial councils concerned. I do appeal to the Minister to reconsider his decision under this heading when the matter is before the select committee, and see if he cannot agree to the building up of the governing road board on the basis of our provincial councils. I should like him to apply the principles of federal government. There are one or two details in the Bill to which I should like to refer. One is Clause 14 (a) which says that any person shall be guilty of an offence if—
That would compel a bus, for instance, to take any passenger traffic offering, and I think provision should be made to enable the bus companies to select the nature of their passengers, if they wish to do so. I suggest that if a bus company wishes to institute a colour bar, for instance, it should have the right to do so. That is a point which might receive the attention of the Minister. Then Clause 20 (2) is another point—
Where is the need for this discrimination? Surely the Minister with all the resources he has behind him is not so afraid of a little motor competition, that he must load the dice in this way against it? He comes to this House literally armed to the teeth. He is not content to take one active means of fighting this competition, but he seeks more and more methods of doing it. The discrimination generally, found in other parts of the Bill in favour of the administration, I submit, is totally unnecessary. In one place, in 17 (2) the Minister is authorized to pay such a sum as he may think fit. What a weak provision! Why should not motor transport pay precisely the same whether Government-owned or privately owned? Then 20 (1) (a) refers to dimensions and designs, etc., which are to be regulated. Why is this clause introduced? The Minister has taken steps here to provide himself with another lethal weapon with which to assault the competitor. It is totally unnecessary and quite uncalled for. Another criticism is that in many cases decisions have been left to the board which might reasonably be settled in the Bill. For these reasons I hope that the Minister will allow the select committee more time for its deliberations and meet halfway the suggestions put forward from this side of the House.
There is a ring of unreality in the speeches of hon. members opposite. The bulk of their speeches have been confined to the details of the Bill, although the measure is to be sent to a select committee where the details can be hammered out. We have heard very little about the principles of the Bill, however. It is admitted that there is unfair competition against the railways. This competition is unfair because very often the owners of motorbuses wait until the railways or a tramway company have developed a district, and then they enter into competition with the existing services. Some of these small motor bus companies underpay their employees and in order to escape wage determinations enter into bogus partnership agreements with their bus drivers and conductors. Take Sea Point, for instance. Would that suburb ever have been developed if the tramway company and the railway department had not spent large sums of money in supplying its inhabitants with transport facilities? When Sea Point had grown, however, there was the old story of the motor vehicle coining in. The tramway company paid its men good wages and were amenable to negotiation with them and their trades union with regard to hours of labour and rates of pay. The competition of these motor bus owners is undoubtedly unfair as the Railway Department has developed many districts by means of branch lines and motor transportation. The time has arrived when some definite steps should be taken to put an end to the state of chaos which now prevails in the transportation system of the Union. My own view is that outside the local authorities the entire transportation system should be in the hands of a Transportation Minister. Farmers’ produce should be taken from their farms and transported by the State until it is landed on the markets on the other side of the ocean. Steamships as well as railways should be controlled by the State. The hon. member for Caledon was very wrathful against the Bill. About 25 years ago a select committee was appointed by the late Cape Parliament, among the members being Sir Edward Brabant, Messrs. Macintosh, Jagger, de Waal, T. Searle, van Heerden, Sauer and C. J. Krige. They questioned the general manager of railways, Mr. McEwen—who was asked—
And his reply was—
That committee very seriously recommended, just as the general manager had said, that the Government should introduce legislation. They were all gentlemen whose evidence would be accepted in a court of law; the hon. member for Caledon (Mr. Krige) was a member of that select committee, and speaks about farmers being affected, and recommended the Government to introduce legislation—to prevent ox-wagon transport. If the ox-wagons affected the railways very seriously, we are in a more serious position with regard to the motor-cars. But the hon. member has joined a new party, and has new views. The railways have to keep up a very expensive permanent way, and pay their employees well; they give them good conditions, and yet are being crippled by unfair competition. Then these people not only decide to start these businesses, after a district has been developed, but do not run a constant service; do not keep to a timetable, or anything else, and they go in at seasons and at times when the losses made by the railways could possibly be recouped, or, in other directions, they might be able to make up their losses. It is just as you see in Cape Town here—buses running in the morning and during meal hours, and for the rest of their time, they let their employees off. The railways cannot do that. They have to keep to a time-table, and that makes the competition most unfair. These people cry out, “We want good roads,” but who is to pay for them? Not these bus people, and these carriers. They pay a small tax, but nothing like what it should be for the upkeep of the roads. The time has arrived for a measure such as this to be introduced. I agree with the hon. member for Troyeville (Mr. Kentridge) that there are details which should be hammered out in Committee, hut with the principle of a board especially to bring competition within fair bounds. I agree, and the time has arrived when that should be done. Hon. members have criticized the provisions with regard to the board, but the Bill is going to select committee, and that part of it can be altered if it is not satisfactory. The commission has recommended that the board be composed of various interests, but, suppose we appoint such a board, we should have about fifteen or twenty on it, with representatives of the chamber of commerce, the chamber of industry, and so on. I think the Minister is wise in making the board a small one. As to the talk about political influence being used, I do not believe it. The main thing is that there shall be a board. It is to be hoped that the members will be wisely chosen, and that the board with the powers conferred upon them by this Act, without abolishing competition will further the object we all have in view, the development of the country, without injuring the railways. There is one thing that has to be done. The Minister is alive to the fact that there will have to be a smartening up on the railways, and a re-organization in the transportation department. When I was in Johannesburg at Easter I was talking to a business man about this very thing. A company has been started to run ten ton wagons from Durban to Johannesburg. I asked him if the transport was cheaper. He said it was not, but added that he brought goods from Durban some time ago by rail, and it took eighteen days for him to get them in Germiston, but by this motor transport he got goods through very much quicker. In conjunction with this Bill there must be enquiry as to whether the transportation system is sufficiently well organized that people can get their goods from the coast to the inland centres within a reasonable time. The object we have in view can be far better secured when we have regulated the transportation system. The whole of our transportation system should be in the hands of the State.
From time to time we have had various developments of “socialism in our time.” Not long ago we had one application of it in the wage determinations of the Minister of Labour, which threw hundreds of people out of employment, and now we have another member of the former Labour party developing the theme and advocating that all these small motor owners be stopped from running, and they and their employees be in consequence thrown on the street. I wonder whether when he goes back to his next meeting at Germiston, he will tell the people there that he exhibited this supreme indifference to the interests of these small people who, according to his argument, should be thrown on the street. This is what is known as socialism in our time. It seems to me that socialism so interpreted breeds unemployment. I want to invite the attention of the Minister to the application of this Bill so far as it affects the exercise of municipal functions. There has been strong criticism against it on that ground, and there should be an opportunity for municipalities to put their views before the select committee. I do not propose to discuss the question whether the railways are entitled to protection against unfair motor competition. I assume for the purpose of the argument that they are entitled to some degree of protection. If one examines the report of the commission it would seem the commissioners intended that a code should be framed to deal with the motor transport of this country which should have been settled after consultation with all the interests concerned in order to provide a system which would appeal to the public; but this Bill goes merely half-way towards this end. It does not bear out the recommendation of the commission in all its phases. It stops short at the assumption by this board of certain functions of municipal bodies and provincial councils, a course by which I feel sure a state of chaos will be created which will not serve the object which the Minister has in view. I would like to tell the Minister something about the overlapping of jurisdiction which will occur under this Bill. So far as actual traffic administration is concerned it may, and probably will, produce a state of chaos. If the Minister has found it impossible in the time at his disposal to carry out the full recommendations of the commission and establish a complete code for the regulation of motor transport throughout the Union he could at least have framed a Bill which would provide for the creation of a road traffic commission which would not have impinged upon the functions of the provincial councils and the municipalities. The administration will under this Bill be able to stand over these bodies and enforce its view on them against their will; that is clear. For the Bill provides where these functions so to be exercised by the board conflict with the provisions of any law, the Minister can insist on the views of the board must prevail.
Why should they fail to come into agreement with the board?
Anyone who tries to come to an agreement with the railway administration will know the great difficulties that usually lie in the way. As a rule the administration sits down to a conference table armed with a very thick stick, which is often used on the backs of the delegates who seek to argue with it. Now, I wish to make this point clear. There is an undoubted right so far as municipalities are concerned to insist that they should have a voice, and almost an equal voice with the Railway administration within their own areas. They provide in that area the roads and the greater portion of the traffic. And yet an authority is to be created which can override all the wishes of the inhabitants of that particular area. Not only does the Bill interfere with the rights of municipalities, but it is an infringement of the rights of provincial councils. This Bill will require to be reserved under the South Africa Act. It takes away from the provincial councils some of their authority to regulate municipal institutions and transfers it to the central Government. If I am right, that fact gives one some idea of the importance of the Bill and we should I think insist that the rights of provincial councils should, at any rate in this respect and for the time being, be pre served and guarded very closely against any such tendency which underlies this Bill. If this Bill goes through, it will, I repeat, produce a state of chaos in the administration of motor transport. I will refer to the position within the Cape Province, in the hope that other hon. members will be able to deal with the other provinces, to illustrate the tangle which we will have if we have another authority regulating traffic and motor transport brought into being. From 1910 to 1914, the regulations of motor traffic in the Cape Province so far as it concerned vehicles which plied for hire, was in the hands solely of the local authority. All motor vehicles, and other vehicles, which plied for hire were controlled, licensed and regulated by the municipal authorities. In 1914, a new authority was brought on the scene, and the provincial administration very largely took over the field formerly dealt with by the municipalities throughout the province, by licensing all motor cars, leaving to the municipalities only the right to license and regulate motor cars that might be plying for hire. Under that system, the provincial council has created laws and regulations which cover at least the points I am about to mention. These points, if I refer to them, will indicate where the conflict I spoke of is likely to arise. Under the code now established by the Cape Provincial Council the licensing of drivers, the definition of driving offences, the regulation of speed limits, the amount of licences, the structural requirements of motors and the inpection of vehicles yearly, are all provided for. Very complete enactments have been passed to deal with these matters. Thus, while the provincial council continues so, to function, the municipalities also exercise similar rights, and have similar regulations, applicable to motor-cars plying for hire, which recently the provincial council in the Cape has supplemented by conferring additional authority upon municipalities. To-day for the regulation of traffic municipalities in the Cape Province, may make regulations fixing routes, fares, and restricting competition in their own area, and so on. Picture the position that will be developed if this Bill becomes law. It will be competent for the transportation board to control all motor traffic. There will be practically no limit to its powers, as it will be able to deal with speed limits, driving offences, and all such matters which previously have been legislated for by the provincial councils. The addition of a third body to operate in this field is almost bound to bring about a state of complete disorganization and chaos. Picture the position of a local authority trying to frame rules and regulations for the control of motor traffic. Now it has to do that with the limitations set up by the provincial council, and under this Bill an additional authority will have to be consulted. In fact, I can see that there will be the greatest difficulty in regulating motor-traffic at all. At present, in a large city like Cape Town, the municipality has the power to regulate the number of motor buses running on a particular route. The municipality provides the roads, and controls the traffic. On what ground, therefore, can one justify giving to the railway administration the right to step in and override the wishes of the local authority except, at the most, merely to restrict the total volume of traffic if the railway administration can make out a case for such restriction? The select committee to which it is proposed to refer the Bill may not have its report discussed in this House until within the last three or four days of the session, and we know how difficult it is to have an adequate debate at a time such as that. If the Minister refuses to hear the views of the municipalities there will be the greatest dissatisfaction, but if he hears the evidence of all interested, the Bill cannot go through this session. I hope the views of the municipalities will be fully advanced in this debate. The municipalities of Johannesburg, Durban and Cape Town so far as I know all disagree in the main with the contents of this Bill. Let us, at any rate, make clear to the country that at the right stage we made representations against the Bill, a duty we should not be deterred from discharging because the hour is late.
What about the provincial councils?
For the moment I am trying very briefly to put to the Minister the position of the municipalities. I want to come to another point—the claims of the administration to immunity from local taxation. I think it is an audacious one—to be placed in the privileged position which it seeks to establish in Section 17 (2) so that, notwithstanding that municipalities have the right to fix licence fees for railway motor vehicles using its roads to ply for hire the Minister can defy the law and make those fees as little as he likes. I think that is a principle of which the House should not approve in any way. I want to give an illustration of the methods of the railway administration in this matter to see how important it is not to place a power of this kind in its hands. In 1916, the Railways and Harbours Regulations Bill was before the House, and it had at that time to consider how far the railway administration should be allowed to ply for hire or to place traffic on the roads of a local authority. In sub-section 3 (k) the Act lays down that
and, secondly, within the area of a local authority it could not compete with private enterprise, but was confined to carrying goods to and from railway stations and port terminals. Those were two important principles; the railway authorities were required to pay the local authorities the licence fees imposed by the latter, and were not to compete with private enterprise unless from its own railway stations and ports. The railway department has steadily refused to pay these charges for the use of the roads in this city, but where it has found that strong opposition was shown to its claim for exemption, it has negotiated agreements where made, in some cases, it pays large sums, in others a small sum; in other cases again it refuses to pay altogether. The general manager in his report gives a list of the sums paid—in Johannesburg £1,600: in Durban I am not sure what the figure is, I think, £400 to £600, in Port Elizabeth a smaller sum, and in Cape Town nothing; there he has successfully evaded paying those fees.
At Durban it is £500.
It is a question of observing the law, and the Minister and his department have steadily evaded that, whenever they could.
There is a case pending.
And where he has been faced with too strong opposition, he has compromised his liability. I do hope that the select committee will insist on preserving the principle that Parliament fought for and established in 1916, i.e., the principle that whenever the railway administration uses the road of a local authority it shall pay the same licence fees as are imposed on private persons. The Minister endeavours to escape from that obligation. Imagine the position to be created that although there is a law of the land which requires that such sums shall be paid by the administration, the Minister is to be allowed to pay as much as he thinks fit. Why should the Minister and his department be allowed to stand in this privileged position? On what principle does he proceed in making the payments he does? How does he and how will he deal with municipality (a) as compared with municipality (b)? We will be optimistic if we expect that the railway administration will conduct these dealings upon a consistent or uniform basis, as the illustration I have given has shown. This Bill seems to lose sight altogether of the fact that there are private users of the roads, and persons privately engaged in motor transport in the larger cities. Is it right that we should withdrow the protection they have had in the past against State trading in transport! I hope those two points will be borne very clearly in mind by the select committee. I submit that there are strong reasons indeed why the Minister should take evidence not only from the provincial councils but from the leading municipalities in the Union. That evidence would deal with the points I have referred to, and with the machinery to regulate the traffic which has sprung up in all our larger towns. As this Bill stands at present it will bring about such a state of affairs as will most probably produce absolute chaos in the state of that traffic. The appeal that has been made by myself and others on this side of the House is an appeal which I believe will be re-echoed by every important municipality in the Union. The Minister is striking a blow at local self-government. Are we prepared to surrender these powers to the Minister, or are we going to stand by the principle that the wishes of the local authorities shall be practically supreme within their areas? The Minister proposes to take power to interfere with those rights. If this Bill is put through without taking the evidence of all those who are interested, the Minister will find that he may defeat utterly the object he has in view, because I fear very much he will produce an utterly unworkable measure.
There is one point which I think this House must consider. When we are going to discuss a Bill which aims, I will not say at settling the whole question of road transport in this country, but makes a start in dealing with what is going to be a very big traffic in the future, there is one matter you have got to consider, and that is the question of roads. What does this Bill do? The Minister proposes to lay down schedules of times and rates and generally to organise road motor services on the lines of the railways. Then he turns to provincial authorities and says they have to maintain roads for those motor services. It is not fair to the local authorities, the provincial councils, or the divisional councils of the Cape. If the Minister knows the damages which has been done to the roads by these heavy motor vehicles, he will know that in the future in the outlying districts, we shall soon have no roads at all. I would like him to come to some of those territories where we have a summer rainfall and deep soil—for instance the Transkeian territory and Natal. I want to give the Government credit for these services and for the good they have done in this country and for the advantages conferred on farmers, but they are absolutely ruining the condition of the roads. There are ten ton lorries on the roads of the territories. Those lorries go through wet or fine. They have eight gears and they plough through. After two or three lorries have passed, it is impossible for motor cars to use that road at all. In some cases the condition is so bad that the roads are not used by motor traffic which deviates on to the veld and makes new tracks everywhere. It is not a fair principle to put the upkeep of these roads on the provincial councils or the divisional councils. These councils get no profit out of it, and they have to spend more money every year to keep these roads in condition and the money spent is virtually thrown away. I think the Government should demarcate transportation areas where they must do their share of road maintenance over and above what the provincial councils spend, or I shudder to think what the results will be. I hope the Minister will take note of what I say.
I have taken a note of your point.
I hope the Minister will do more than take a note. I hope he will not evade his responsibilities in the future and will make provision for those roads over which he intends to run motor transport in the future.
I think that the House must have been struck by the extraordinary fact that hon. members opposite have had very little commendation for this Bill, except the hon. member who has a real knowledge of the subject, the hon. member for Fort Beaufort (Mr. Hockly). Is there anyone who will question that the hon. member for Fort Beaufort has a thorough knowledge of the subject? Surely you will admit that if there is one hon. member in this House who has a thorough grasp of this problem, it is the hon. member for Fort Beaufort. For eight months he took evidence all over the country as a member of the commission. He signed the report. Did hon. members opposite pay the least attention to the hon. member for Fort Beaufort? Not in the least. They have forgotten that our railway system belongs to the people of this country. They have forgotten that they have as great a duty as hon. members on this side of the House with regard to protecting that asset. We have had no constructive criticism. They have not dealt with this matter in a national way. No, we have had small points of criticism raised, I admit, important points. We are in this unfortunate position that the Minister has dealt with an important measure in his own mother tongue, and a large number of members opposite are not in a position to follow him. That is certainly unfortunate. I dealt this afternoon with the position of the provincial councils. Does the hon. member want me to repeat the whole thing over again? Surely hon. members, who are in the unfortunate position that they cannot follow the second official language should take the trouble to get one of their friends who does, to interpret for them. For hon. members to say that this question has not been dealt with, when I had dealt with it fully, is unfair. I think the country has the right to expect from hon. members opposite that they would have dealt with this matter as a big national question. All these small points of criticism may be dealt with equally well in select committee. I went out of my way to meet hon. members. We could have passed the second reading this evening. In order, however, to meet the strong representations made to me by hon. members opposite, I met them and said, “As hon. members feel so strongly, and as I am convinced it is a national question, in which party should play no part whatsoever, I am prepared to meet them and let the matter go to select committee before the second reading.” In case hon. members opposite find that their views are not acceptable to the majority of the select committee, they can have a second reading debate again. It is unfortunate that the lead given to them by the hon. member for Fort Beaufort was not followed by hon. members opposite. I shall now deal with the remarks of hon. members. The hon. member for Cape Town (Gardens) (Mr. Coulter) pictured a state of chaos. Why should a state of chaos arise? We have reasonable men who serve on municipalities and public bodies. The practice of the Government in regard to the appointment of these commissions is to appoint the best men. The hon. member for Caledon (Mr. Krige) will remember that, three years ago, he was occupied in a night sitting protesting against the commission we proposed to appoint in connection with shipping of perishable products. Will the hon. member deny that during the last three years we have never had any difficulty whatsoever in regard to the shipping of our perishable products. We were told that the Government would abuse their power by appointing a political board and that there would be chaos. Take the Shipping Board—is it a political body? No. Hon. members opposite know perfectly well that when we appoint men to fulfil important functions, competent men are appointed as we have done in regard to other boards. However if hon. members opposite are so full of suspicion I am afraid I cannot help them. I wonder why we have this extraordinary position—hon. members attack me because I have not accepted the recommendations of some members of the commission in regard to the personnel of the board. The hon. member for Turffontein (Mr. Sturrock) frankly admitted it would be impossible to appoint a number of members not responsible to Parliament. Did hon. members follow his lead? No. The select committee will give them an opportunity of expressing their views, and I hope they will come to the select committee with one mind and speak with one voice. I want to say to the hon. member for Cape Town (Gardens) (Mr. Coulter) that the necessary cooperation between the municipalities and divisional and provincial councils will be one of great perplexity and difficulty. But has the hon. member attempted to deal with the matter from the aspect of drafting a measure which will be workable? The law advisers and my own officers, have devoted a lot of time to the Bill. We have made an attempt to meet the position. I repeat that if hon. members opposite can bring forward any suggestions which will improve the Bill, I am prepared to accept them, as it is not a party measure and I am not hound to every one of the terms of the Bill. With goodwill on both sides, it will be possible to meet all the difficulties which hon. members foresee. The hon. member for Newlands (Mr. Stuttaford) has attacked me on the clause dealing with the publication of tariffs. I am sorry the hon. member is not here now. What the hon. member suggested would be the legalising of rebates.
Why not?
What then would become of the whole principle of treating everybody alike? Does the hon. member suggest that motor carriers should be free to treat the rich consignor in one way and the poor in another? If the motor carrier is to be free to charge differential rates and not be bound to a tariff which he has to publish and which is approved of by the board, that is to open the way to legalising rebates being given by the motor carrier.
Confine your control to the volume of traffic; do not interfere with the rates.
You cannot; the rates must be published. I had hoped that the commercial men would have agreed with me. I think the House must have been struck by what was said by the hon. member for Troyeville (Mr. Kentridge). The picture he gave of the position which arose in Johannesburg with regard to the tramways and motor competition seemed to be very much apropos. What is the position hon. members desire us to take up? The State must not use its power and destroy private enterprise, and that is an attitude with which I am bound to agree, but when we come with a reasonable Bill and ask that private enterprise should be properly controlled, what support do I get in this House from hon. members opposite?
It is the board.
Do hon. members want a board representing different interests—an absolutely unworkable board? No, I am afraid very little remains of that objection The hon. member for Caledon (Mr. Krige) spoke of the interests of the farmers. This afternoon I pointed out that if we allowed private enterprize to take high-rated traffic, the people finally to suffer would be the farmers. I think I made that point abundantly clear. Surely he must appreciate that what I am endeavouring to do is to protect the interests of the farmers. If I have not made that point clear, I am afraid the hon. member must just go back to 1906, when he still held the views which were in consonance with the old Afrikaner Bond. Then he took the action.
Then I advocated a reduction.
Then he went so far as to say that the ox-wagon should be taxed to protect the railways. Now he is not prepared to assist the railways, knowing full well that unlimited motor competition would mean that finally the farmers would suffer.
I said that before you tax the ox-wagon you must reduce the railway rates.
That is the advice of perfection. Does the hon. member suggest that under present conditions we would be entitled to reduce rates? The hon. member knows that under his party railway rates were raised by approximately £9,000,000. My predecessor reduced them very considerably, and that I have also reduced them. A general reduction of rates under present conditions is absolutely impossible. The hon. member for Caledon (Mr. Krige) was very careful not to associate himself with his friends in their attack on civilised labour. Does he associate himself with the hon. member for Greyvillce (Maj. Richards)?
The civilised labour principle was introduced by the S.A.P.
That principle was introduced when they were still the South African party. Now they are the shell of the South African party, with the Unionist spirit. There was a time when the hon. member was a Bondsman, and had sound views on this question, and there was a time when he was a South African party man and held sound views. Now I am afraid he no longer does so. The hon. member for Hospital (Mr. Henderson) talked about civilised labour, branch lines and differentials rates as the cause of the trouble. Does the hon. member appreciate that in Great Britain, Belgium, Germany, the United States, New Zealand, and other parts of the civilised world, the same problem, only in a more accentuated form, is being experienced? Does he know that private railways in Great Britain are suffering in the same way? Take the United States of America. Private railways, and private capital, and still you have boards set up. We are asking for no more than a square deal with regard to this question. I want to reply to the member for Durban, who has asked whether we are prepared to hear the provincial councils and the municipalities. Certainly, we shall be glad to have their views placed before us.
Will you invite them to give their opinions?
No, but we shall be glad to have their views.
In writing?
Yes. We are not prepared to take further evidence. We have had reams of it. We have eight big volumes of evidence. It is available if any hon. member wants to see it in the library. I cannot accept the amendment that we should not report by the 15th of this month.
Question put: That the words proposed to be omitted stand part of the motion,
Upon which the House divided:
Ayes—59.
Badenhorst, A. L.
Bekker, J. F. van G.
Boshoff, L. J.
Bremer, K.
Brink, G. F.
Brits, G. P.
Brown, G.
Conroy, E. A.
De Jager, H. J. C.
De Souza, E.
De Villiers. P. C.
De Villiers, W. B.
Du Toit, C. W. M.
Du Toit, F. D.
Du Toit, P. P.
Du Toit, M. S. W.
Hattingh, B. R.
Havenga, N. C.
Haywood, J. J.
Hertzog, J. B. M.
Heyns, J. D.
Hockly, R. A. H. D.
Jansen, E. G.
Kentridge, M.
Lamprecht, H. A. R. A. T.
Lawrence, H. G.
Le Roux, S. P.
Malan, C. W.
Malan, M. L.
McMenamin, J. J.
Naudé, A. S.
Naudé, S. W.
Oost, H.
Potgieter, C. S. H.
Raubenheimer, I. van W.
Reitz, H.
Roberts, F. J.
Robertson, G. T.
Rood, K.
Sampson, H. W.
Sauer, P. O.
Steyn, G. P.
Strydom, J. G.
Swanepoel, A. J.
Swart, C. R.
Terreblanche, P. J.
Hattingh, B. R.
Van der Merwe, N. J.
Van der Merwe,
Van Rensburg, J. J.
Van Zyl, J. J. M.
Verster, J. D. H.
Vorster, W. H.
Vosloo, L. J.
Wentzel, L. M.
Wessels, J. B.
Wolfaard, G. van Z.
Tellers: Naudé, J. F. T.; Roux, J. W. J. W.
Noes—35.
Abrahamson, H.
Acutt, F. H.
Borlase, H. P.
Bowie, J. A.
Buirski, E.
Chiappini, A. J.
Coulter, C. W. A.
De Wet, W. F.
Eaton, A. H. J.
Faure, P. A. B.
Chiappini, A. J.
Coulter, C. W. A.
De Wet, W. F.
Eaton, A. H. J.
Faure, P. A. B.
Chiappini, A. J.
Coulter, C. W. A.
De Wet, W. F.
Eaton, A. H. J.
Faure, P. A. B.
Gilson, L. D.
Giovanetti, C. W.
Henderson, R. H.
Hofmeyr, J. H.
Humphreys, W. B.
Jooste, J. P.
Kotze, R, N.
Krige, C. J.
McIlwraith, E. R.
Nicholls, G. H.
Nicoll, V. L.
Payn, A. O. B.
Pocock, P. V.
Reitz, D.
Reynolds, L. F.
Roper, E. R.
Sephton, C. A. A.
Stallard, C. F.
Struben, R. H.
Sturrock, F. C.
Van Coller, C. M.
Wares, A. P. J.
Waterson, S. F.
Tellers: Collins, W. R. O’Brien, W. J.
Question accordingly affirmed and first part of amendment negatived.
Second part of amendment put and negatived.
Original motion put and agreed to.
The House adjourned at