House of Assembly: Vol32 - FRIDAY 26 FEBRUARY 1971
QUESTIONS (see “QUESTIONS AND REPLIES”).
Mr. Speaker, with your permission I should like to make an announcement. From time to time representations are made to increase the salaries and allowances of hon. members. It is maintained that hon. members are inadequately remunerated, bearing in mind their responsibilities, work and expenses. They are of course placed in the invidious position of having to vote themselves increases. There also appears to be a peculiar attitude adopted by some newspapers and sections of the public. They accept the principle of a fair day’s pay for a fair day’s work for everybody except Members of Parliament. They remind me of certain religious sects which firmly believe that to be a good worker for the Lord, the preacher must just about starve.
Consequently, after discussions with the Official Opposition, it has been decided to follow the same procedure as was followed in 1961, namely to appoint a special committee of prominent businessmen to inquire into and to make recommendations in regard to members’ salaries and allowances. The committee will consist of Mr. Fred Bamford, Chairman of S.A. Manganese, former Chairman of Safmarine and director of numerous other companies, and Dr. J. G. van der Horst, Managing Director of the Old Mutual. The committee, whose report will be laid before Parliament, will have the following terms of reference:
- 1. To inquire into and report upon the emoluments and allowances of Cabinet Ministers, Deputy Ministers, office-bearers and Members of Parliament in view of their work and responsibilities and the conditions which apply to their service;
- 2. to compare such emoluments and allowances with those payable at the time of the foundation of the Union and thereafter; and
- 3. to establish whether it is necessary or desirable to alter these emoluments and allowances, and, if so, to recommend in each case what these should be.
The meetings of the committee will be held in a room in the House of Assembly portion of the Parliamentary Buildings, and a circular will be issued to hon. members informing them of the procedure to be followed should they desire to give evidence before the committee. The first meeting of the committee will be held on Monday, 8th March. The secretary of the committee will be Mr. McFarlane, the Secretary to the House of Assembly.
Mr Speaker, I move—
Sir, there is a fundamental difference in the approach of the two main parties in this country to the question of relations between the White group and the other race groups. Obviously I am not permitted now to discuss the attitude of the Government towards the Coloureds and the Indians, so I have to deal only with the one group, the Bantu, who are affected by this Bill.
Sir, the Government’s policy, as it has often been stated by Government members including the Prime Minister, is one of self-determination. We differ as to what can be meant by self-determination. I questioned the hon. the Prime Minister last session as to what it meant and pointed out that the words could mean that these different groups would themselves determine what their future is to be. The Prime Minister made it quite clear that the only determination they have is separation; that the Bantu would not be allowed to determine that their way of life is to be part of South Africa: to stay a part of South Africa and to take part in the government of South Africa. I say therefore that when the Government speaks of self-determination it is senseless because the term does not mean what it should mean. It is only self-determination in so far as the Government determines that they will be separated from the rest of the Republic. They can develop only in one way and that is to eventual independence, and on those conditions the Government will allow the Bantu to determine how they are going to develop. As I say, they have no choice, and when the Minister tells us that the different Bantu nations, as he calls them— we say they are not; they are different peoples—the different groups in the different reserves have accepted the measure now before the House, we say that they accept it only because they have no other choice. What other choice have they, Sir? The Minister presents them with this measure and they take it. Naturally. So would I if I were an African; I would take it. Because they have nothing else to take. If they do not take this they get nothing. If they do not accept the Government’s offer to establish Bantu authorities in the first instance, they will get no development, and that has been proved in the case of Zululand compared with the Transkei. It is no secret that when Bantu from other parts of South Africa are taken to the Transkei, they are shown by the Transkeians themselves what they are achieving. They are told that unless you accept separate development you get nothing but if you accept separate development, then look what you will get. These other Bantu races or tribes are therefore compelled to accept this or else they get nothing.
The Minister has read out some letters to show that they are glad to have this Bill and that they accept it. I wonder how much they know about the contents of this Bill. The same thing happened when the Transkei Constitution Bill was presented to us; we were told that the Transkeians themselves had prepared that Bill. We did not accept that: they did it on the advice of the then Prime Minister. I wonder, Sir, if they are satisfied to leave it to the Minister to decide how, for instance their legislative assemblies are to be constituted, and how their executive is going to be constituted. You see. Sir, when the Transkei Constitution Bill was presented to us provision was made in the Act for an elected and representative legislative assembly, with representatives of the chiefs, and also for an elected executive. But in this Bill that we now have before us there is no such provision. The State President, by proclamation, will decide how these legislative assemblies will be constituted and how the executive will be constituted, so I do not know how the Minister can tell us that all these different Territorial Authorities have advised him that this is what they want and that they are so pleased to accept this when they do not even know what type of assembly they are going to have. Perhaps the Minister has told them what he intends doing. If so, I think he should tell this House what he has told them and how he is going to constitute these different bodies.
Then, Sir, I want to know what the position is with regard to money matters. Are they satisfied with the provision made here for contributions to their revenue? In terms of this Bill their Executive will submit estimates to this Minister who, in consultation with the Minister of Finance, will determine how much our Exchequer will contribute towards their administrative expenses.
What is wrong with that?
I say that this is wrong. We criticized this in the Transkei Constitution Bill too when that measure was passed, because everything is being left to the Minister of Finance and this Minister. This Parliament will be allowing them to decide how much to give the different Authorities: they alone will decide how much to give the Transkei, for instance, or Zululand or any other reserve which becomes self-governing. Sir, this may be the cause of friction, because if the Bantu submit their estimates and they decide to embark on a certain programme which does not accord with the political ideas of our Minister of Bantu Administration, he and the Minister of Finance can say: “No, we are not giving you this money; we will not allow you to develop in that way; we will tighten the purse strings.”
Is there any difference between this Bill and the Transkei Constitution Bill?
No, and as far as I know there has been no difference of opinion yet between the Transkeian Government and the present Government; they work in accord. But supposing the Opposition party took over the government of the Transkei and wanted to have White development in the Transkei; supposing they wanted to build extra roads down to the coast, for instance, to allow White entrepreneurs to open up hotels to attract tourists and this did not accord with the policy of the Minister. He will say, “No, I am sorry, I am not going to give you the money to do that; you will have to cut down expenditure; you will have to reduce your estimates; I will only give you so much”. That is going to cause resentment in the mind of the other government and they are going to say to their people, “The Government of the Republic is responsible for our lagging behind in development; it is because they will not agree to our spending money on certain developments which we think are necessary”. That can cause friction between the two Governments, and in fact between the two states. I say it is wrong for us to include a provision of this nature in this Bill and we said so at the time when the Transkei Constitution Act was passed.
I should like to know whether these other authorities who accept this Bill approve of the schedule which sets out the matters they can deal with. Section 2 deals with Bantu education. They can control Bantu education provided that the study and training courses, syllabuses, teaching methods, medium of instruction and public examinations prescribed in terms of any law shall be prescribed in consultation with the Minister. Now we know what is meant by “in consultation with the Minister”, because the Minister told us the other day. It means that he has to concur. Unless he agrees, they cannot take any action they would like under the powers given to them to control education. I want to know whether the other bodies which were consulted, Zululand and the other Territorial Authorities, were agreeable to have this restriction placed on them when the Transkei has no such restriction. You see, in terms of the Transkei Constitution Act the Transkei Government can control education in the area falling under the jurisdiction of the Transkei. The districts are mentioned, but there is no other restriction. There is a feeling, of course, among the Africans that the Government is now taking this step here to restrict them in their administration because of what has happened in the Transkei, because the Transkei Government has taken a resolution that the medium of instruction after a certain standard shall be in either of the official languages, which is decided by the school board. We know the school boards all picked English to be the medium of instruction. Is that why the Government has put this restriction in this Constitution now before us? I want to know what the reason for it is. Has the Transkei disappointed the Government in any way? Has the Transkei acted contrary to the policy of the Government? Why was the Transkei given the wide powers which are now denied to these bodies which will be established under this Bill before us?
I say there will be further causes for dispute, and that is because of the very wide description of the areas to be controlled by these different Assemblies. We pointed out in the Second Reading and in the Committee Stage that in terms of this Bill before us now the Minister is embarking on a course of constitutional development which will eventually lead to complete separation and he is embarking on it without defining the areas where this will take place. He says it is defined by the Land and Trust Act of 1936, which lays down the scheduled and released areas, but in terms of clause 26 of the Bill before us now the State President may by proclamation in the Gazette declare an area as defined from time to time.
If the areas are defined, will you vote for this Bill?
No. The areas for the Transkei were defined and we did not vote for that Bill.
Then what is your argument?
I say that members on that side of the House are being foolish to allow the Minister to take powers like this. Those hon. members’ constituents will not be consulted when the Minister embarks on this course and hon. members opposite are now giving this Minister power to include practically any area adjacent to the Reserves in the area which can become self-governing and eventually independent.
But we have faith and trust in the Minister.
I am glad to hear that, because that hon. member, although he does not sit in a front bench, is an important member and he is a member of the Bantu Affairs Select Committee. I am glad to hear him saying that the members on that side are handing over their rights in trust to the Minister; they are abrogating and giving up their rights and abdicating from their duties and responsibilities and giving them over in trust to the Minister. They may trust this Minister, but how do they know that they can trust the next Minister? How do they know who will be the next Minister of Bantu Administration and Development? It might not even be a Nationalist, and in a few years’ time it will not be a Nationalist. What will they say then? They are trusting the electorate because they know that this Government will probably not have time to embark on independence and that this Bill will never be put into effect by a United Party Government. That is the trust they have.
To get back to the boundaries, it is idle for the Minister and the hon. member for Aliwal to try to convince the country that the boundaries were laid down in 1936. The Minister himself knows that there is uncertainty and that there is trouble in the farming areas bordering on the Native Reserves. Only about a month ago the Chairman of the Nationalist Party in Komga moved a resolution before the Farmers’ Association asking the Government to include Komga in the Transkei so that they could buy their farms. That was the Chairman of the Nationalist Party and he knows it can be done under the 1936 Act. Where land is adjacent to Trust land, the Government can buy it and it then becomes Trust land. If the Chairman of the Nationalist Party can make a move like that, surely there must be an impression amongst Nationalists that the Government can go on buying land alongside Trust land.
Sir, what was the dispute between the Progressives and the United Party? Why did the Progressives break away from the United Party? They have forgotten the reason now, but the reason then was the purchase of land for Bantu without the Government telling us where the boundaries of the Reserves would be. The resolution taken by our Congress at Bloemfontein then was that money should not be given for buying any more land to extend the Bantu Reserves unless the Government told us where the boundaries of the Reserves were to be. We were not opposed to buying more land, but we objected to the buying of land without telling the public where the boundaries would be, especially as the Government was embarking on a policy of independence for these various homelands.
How does the Government acquire further land for the Bantu? They can do it, as I pointed out, under the Bantu Trust Act. They can buy in the scheduled areas and they can buy in the released areas, and then they can buy land abutting on land owned by the Trust. When the Transkei Constitution was passed the area was defined, as to which district would fall under the jurisdiction of the Transkeian Government. But even there—and we opposed it—there was provision that the State President could by proclamation add land, and he could add on land referred to in section 25 of the Native Administration Act of 1927, which provides that other land may be acquired by the Trust on approval by this Parliament. It could be acquired by proclamation, but it had to be approved by this Parliament, and we know that is how Mdantsane near East London was acquired. The point is that other land can be acquired, and once it has been acquired by this Government with their majority we know that their members will never disapprove of anything that their Cabinet or that Minister does. What could also be added to the Transkei was land of which the Trust was the registered owner. So the Trust could buy land abutting on to the Transkei and then hand that over to the Transkei. Then there was also provision for adding Native locations as defined in the Natives Taxation Act. That Act has since been repealed, but it was inserted in the Transkei Constitution, and as far as I know this particular section has been retained. So we have all these problems before us and there is this uncertainty about what is going to be done. Hon. member opposite are abdicating their responsibilities by giving unheard of powers to this Minister. No other democracy would allow one Minister to decide which areas of their respective countries were to be dismembered. The hon. the Minister says that he cannot grant independence to a territorial authority or assembly without coming back to this Parliament for the final phase, because although independence is mentioned in the Preamble it is not mentioned in the Bill itself. That is quite true. But then we also have it from him that once he embarks on the course of constitutional development which he now proposes, it would be immoral to go back on it. The hon. the Minister himself said that it could not be stopped and that the point of no return has been reached. When we pass this Bill and give the hon. the Minister the powers to proclaim certain areas for self-government we are embarking on a course which, in his own terms, cannot be stopped and which will end up in independence for these states.
The hon. the Minister in justifying this says that it is the traditional policy of South Africa. We have pointed out that this was not the traditional policy. We pointed out that Gen. Hertzog made a speech in 1913 in which he said that the Bantu would be separated but remain under the control of the Central Government. When the hon. the Minister quoted from a speech made by Gen. Hertzog in 1925, in which he talked of separation but did not deal with independence, the Minister says that they were not thinking in those terms at that time. But because they were not thinking in those terms and did not mention it particularly, the hon. the Minister says that we must now accept it as the traditional policy. Gen. Botha thought of it in 1913. I quoted his remarks which he made in this House in 1913. He then referred to “afsondering” and “afskeiding”. “Afskeiding”, that is segregation, he said would be as foolish as “gelykstelling’ or equality. He supported “afsondering” and made it quite clear that it would be under the control of the Central Government.
Gen. Smuts, after the war, made it clear that in his opinion segregation was dead because of the development that had taken place, you could no longer have segregation. After all segregation means complete separation. We support separation but not this segregation which is now proposed and which was opposed by Generals Botha, Hertzog and Smuts. I again want to remind the people of this country that fragmentation, that is, this form of segregation, which is now proposed was only thought of by Dr. Verwoerd. He was the first leader who offered to carry this out.
The hon. the Minister keeps on asking what our policy will be. We have stated our policy so often before that I am surprised that he still asks for it. I do not know why he does so. But there seems to be some sort of confusion. When we speak about a certain measure of self-government we have made it quite clear what we mean by giving the Africans in the reserves and in the urban areas a certain measure of self-government to control their own affairs. My Leader made that clear. It has often been repeated in this House, namely that they can develop constitutionally towards the powers that are given to provincial councils and even beyond. We made it quite clear. And yet, even in the Press …
What do you mean by “even beyond”?
It may be necessary to manage their own affairs.
Your policy is hanging in the air.
We will decide at the time how far to go. As long as they remain subservient to the Central Parliament, the development will take place gradually. It is for instance our policy to allow them to control their own townships. We are not just going to hand over the townships to them straightaway and tell them that they can administer the townships themselves. We know that that would not be fair. It may be disastrous too. This Minister is now going to take over the townships and administer them himself.
The hon. the Minister has introduced a Bill with which we will probably deal next week, in which he allows the freer movement of Africans in White areas to seek employment. This is a change in their policy. He allows them to move from one area to another and protects their rights under section 10. All this is proof of the fact that they accept that they will never get rid of all the Africans who are living in the White areas. They have to cater for the Africans who are born there every day and who have rights under section 10. These are people who have no connection with the reserves and will never have any connection with them. They are the people who are not catered for in this Bill we have before us now. They are not catered for by the Government’s policy, and that is where we differ. We say that this is no solution because it does not cater for the main problem this Government has, and that is the permanently urbanized African, and the majority of Africans fall into this category. This Government just tries to close its eyes to the fact that they are there.
How can you say that they are the majority?
They are. Just look at the latest census figures. In October, 1962, Dr. Dönges, who was then the Cape Leader of the Nationalist Party, gave a New Year’s address to his followers in the Cape. He said then that the Government was embarking upon a five-year plan for the development of the reserves. With that development, he said, was a move to entice the Africans back from the Western Cape to the reserves. What success have they had in enticing them back, Sir? The only Africans who go back to the reserves are those who are sent back. They are not enticed back on their own. I came across an example recently, where an African had to go back to school in Umtata because he could not get the education he wanted here. To pass his Matric he had to go back to Umtata. Because they go back for a few years and leave the area in which they are born, they lose their protection under section 10. That is the way the Government is getting them back to the reserves. They are not going back of their own accord. I suppose the Minister or the member now sitting behind him, being advised, is going to ask us what we are going to do, seeing that the Government has already embarked upon this policy and has granted the Africans certain authority. I repeat that the development which takes place may be in line with our policy.
Which policy?
Our policy of allowing them to control their own affairs in their own areas. That is our policy. Does the hon. member not know it yet? He is a member of the Select Committee on Bantu Affairs. No wonder they did not make him a Deputy Minister, Sir. No wonder they did not send him to the Transkei as Commissioner-General.
Order! That has nothing to do with the Bill.
Sir, we cannot be a party to this measure. As I have repeated so often, we are not opposed to giving them a greater degree of self-government in their own areas. What we are opposed to, is the basis of this policy. The hon. the Leader of the House can be excused for not taking part in this debate, because he did not realize at the Committee Stage that in this Bill there was provision for final independence.
Not in the operative clauses. The Preamble does not mean anything at all.
Sir, the Leader of the House is quite right. But if it does not mean anything, why is it there? Why was it necessary to include it? It is a warning …
It is an indication of what the eventual intention of the Government is. It has no legal effect at all. It is not an operative part of the Bill and that is what I said by way of interjection.
Sir, I had better move my amendment before my time runs out. I move—
Now, Sir, to continue with the Leader of the House: He must have been aware that when the Transkei Constitution Bill was passed, there was no mention of independence in the Preamble. That was in 1963. Why has it suddenly become necessary to put in the Preamble, which is now before the House? Is there some doubt amongst the Nationalists or is there some refusal to accept that the eventual policy will be to make them independent states? Is that why it has been found necessary by this Minister to make it quite clear in this Bill that he is ultimately going to give independence to these various African States?
[Inaudible.]
Oh, the Minister says he can talk for himself. I would be glad if he would answer a few questions then.
No, I was telling the hon. member for Witbank to wait until the hon. member for Transkei finished speaking to me.
Is he also coming for advice? Everybody is running around for advice on that side of the House. [Time expired.]
Mr. Speaker, the hon. member for Transkei reduced his argument to the one question to which not the National Party but, indeed, the United Party has to provide the answer, i.e. how do they see the further political development of the Bantu living in the peri-urban areas of our cities and who, in terms of the policy of the National Party, will be living in the homeland of the White man? How do they see the development of that individual? I shall come back to this.
First of all I want to congratulate the Progressive Party on having been courageous enough to admit the success of the view the National Party takes of its multinational task. It has succeeded to the extent of having penetrated even to the Progressive Party. To be specific, they have discovered that a population unit called the Afrikaners does exist and they have decided to distribute prizes in the future for the edification of that population unit. We look forward to the happy day when the hon. member for Houghton will make a speech in Afrikaans in this House. The development we have seen up to this day, as far as the policy of the National Party is concerned, is a logical one, one which is in keeping with all legislation which this party has piloted through Parliament since 1948. The United Party, on the other hand, is still engaged in adapting to this development, but they do not want to admit this. The Progressive Party, however, has been realistic enough to realize that this policy is succeeding and that they will never be able to restore the status quo, as it existed before this party came into power. Hence the following, virtually historically drastic resolution which was passed by the Progressive Party—and I think it may be as well for us to place it on record. At their most recently held congress that party resolved—
Let us take cognizance of the words “proposed federal scheme”. These are not unknown words to us. They describe in effect the same basis as that on which the United Party wants to offer a solution to the South African situation. This becomes more evident from what was intimated by Dr. Zac de Beer as well, a leading member of the Progressive Party—
What opportunism are we now finding on the part of the Progressive Party? Up to now our standpoint was diametrically opposed to theirs; we knew exactly where we were standing with them. But here we have opportunism in its purest form—on the one hand they are moving closer to the National Party and at the same time they are also moving in the direction of the United Party with its federal idea.
They, too, are now becoming politically sly.
They pose a political threat. The danger of their thinking is concealed in the words “that we should extend to Bantustans the same principles and values we intend applying in the whole Republic”. These values remain constant and the rest is the bait to the electorate of South Africa. The hook, however, is concealed in the “same values” which remain constant and are concealed in their concept of multi-racialism. This is the sting in the thinking of that party.
Now in the United Party we find the interesting trend that some of its members are thinking along the same lines as the Progressive Party. We must ask ourselves whether this is a matter of chance. And here we should have regard to the fact that the lines along which the hon. member for Kensington was thinking, as is clearly evidenced from the approach he adopted in his newspaper before he became a member of this House, are Progressive and that that newspaper disparages an hon. member for whom this side of the House has high regard, i.e. the hon. member for Zululand, whenever he makes the slightest error in the eyes of the Progressives.
Sinister, isn’t it?
In this we see a pattern of disparaging people on that side of this House who have leadership potential but who advocate ideas which are, in so far as this is still possible, unadulterated and true to their old trend of thought. On the other hand we find the rise of people on that side of this House with leanings towards the Progressive Party. They find the point of contact in their common approach which is made up of their having to maintain the status quo of the National Party and developing from there. That is where the sting is to be found, because their basic approach—absolutely equal rights—integration—still remains the same. I want to indicate how the trend of thought of the United Party has changed and how it is nevertheless assuming a pattern. On 27th May, 1959 (Hansard, column 6687), the Leader of the Opposition said—
He went on to elaborate on this. The standpoint of the hon. the Leader of the Opposition at that stage was that in the interests of White South Africa alone it was not a good thing to recognize these population units. His objection was to the statutory recognition of that trend of thought. This side of the House, on the other hand, concerned itself with the realities of the situation and acted accordingly. Then the ideas of the hon. the Leader of the Opposition were evidently stimulated by an interplay of ideas within the ranks of his own party and they started to realize that by recognizing the factual situation of national units they were going to land themselves in difficulties. Then the next interesting phase of that Party’s approach dawned. This is evident from the words of the hon. the Leader of the Opposition in this House (Hansard, 1961, column 7559)—
What about the Coloureds?
Let me silence that hon. member once and for all. The hon. member himself has never reflected on that question he has just put. What was passing through his mind before he put that question? He was thinking this: The solution of the National Party to the situation in the Republic has succeeded. It has succeeded, and he knows that this is so, hence his question, “What about the Coloureds?”
On 24th April, 1962, the hon. member for Durban North said—
In other words, here we see the continuation of the change of mind of the Leader of the Opposition. Now, as we are making rapid progress, so the United Party has to find a solution. They are still thinking; there still is an interplay of ideas in their ranks. The hon. member for Bezuidenhout is setting about this task in a creative way, because he realizes that his party is becoming an antiquated party. He is beginning to see the same solution as the one the Progressive Party is seeing—I do not know who has seen it first. In column 2174 of Hansard, 1970, he said—
In this process of the political development of the homelands, in which each national unit is getting its particular place in our country intended for it in terms of the National Party view, words are of the utmost importance. [Interjections.] I am not saying that that party has changed its standpoint; I am merely outlining the trends within the party. The hon. member then continued—
But on the other hand the hon. member for East London City told us in this House at the same time that—
Mr. Speaker, these are not coincidences. At one stage we thought these were coincidences, but they are not; they indicate an interplay of ideas which have not been reconciled within that party.
As regards the view of that side of this House as to how the political development of the Bantu homelands or the reserves should be in contradistinction to the view of the National Party, I should like to quote the following. It is very relevant here for the simple reason that this Bill takes us so far from the point of departure that I want to make the statement that the United Party will not be able to restore the status quo to what it used to be before the National Party commenced its constitutional programme. I want to quote what the hon. member for Bezuidenhout said here last year—and I am going to do so with his permission. After I had put a question to him, he invited me to put the question to him in writing (Hansard, col. 5404). I did that and indicated that in my opinion the debate on this Bill was a reasonable opportunity for replying to that question as well as other interesting related questions. The question I wanted to put and which I then forwarded to him in writing, concerned the statement that the United Party would develop the reserves and would give to each one the maximum autonomy which each area could achieve. Sir, I want to tell you that it was a very realistic question at that stage because we were living in the time of an election; the United Party was forming cabinets at that time; they had great expectations, and one would have expected their Bantu policy to have been formulated to such an extent at that stage that if they were to assume the reins of government, that policy could immediately be carried into effect. In other words, they should have been prepared as regards this one major matter with which we occupy ourselves year in and year out. I then put the following question—
In other words, will it be prescribed by the traditional occupation of an area by a specific tribe; will recognition be given to the Venda and Tswana, etc., as population units? I added the following related question—
Sir, the United Party tells us that it is within their power to assure for all times the goodwill of the Bantu. When they now decide that maximum autonomy will go no further than a council equal to a provincial council or a council which will perform certain administrative functions on an agency basis, who is going to determine that—the governing party of that time, the United Party? Sir, the hon. members on the Opposite side who waxed so lyrical about young South Africa must start reflecting on this question and pose the following question to themselves in that process; If the United Party that will be in power at that time and will determine that maximum autonomy, placed that ceiling over the aspirations of that particular area which, and we should remember this, will have an ethnic content, unless they tell me that this will not be the case, will they be able to maintain that situation for all times without creating any dissatisfaction?
By that time Helen would have bought them out.
The second question is this: Is it within the means and the development potential of the Black man in the Republic of South Africa to strive realistically after the achievement of the same political level of development as that which has been achieved by the White man? Sir, I want to suggest that the answer must be “yes”, and if the answer is “yes”, the United Party cannot determine what the maximum content of the autonomy will be which they will grant to an area; they cannot do so. Then the third question—
Sir, you must remember that it is the plan of the United Party to give the Bantu eight White representatives here. When this is coupled to an area which will enjoy autonomy, restricted or unrestricted, or qualified or unqualified, the question is: When will it be taken up into the federal system envisaged by the United Party? Sir, you should always contrast this to the realistic approach of this side of the House, i.e. guiding the peoples to full autonomy, if necessary and if possible for them. The next question is—
In other words, will they, in contrast to what we want to offer here, share out unequal autonomous authority to each area or to the different areas, and how will this be carried into effect? Sir, in replying to this one has to have regard to the fairness and the justness of an approach such as that of the National Party in contrast to what the United Party will do.
You are very interested in United Party government; you are expecting it soon.
Sir, I do not know whether the hon. member has heard my full argument.
He hears but he does not understand.
In conclusion, Mr. Speaker, on what basis will representation in the federation be obtained if unequal political development of areas exists? Surely they cannot grant area A, the development of which has not been the maximum according to them, the same representation as that granted to an area which has in fact shown no development ability as yet. Surely this cannot happen. In other words, what they are suggesting here as a solution is something which will not work in practice. It simply cannot work; it is impossible; otherwise they are erring in their statement that they will grant maximum autonomy. Surely this is logical.
For the edification of the hon. member for Orange Grove, the premise from which we proceeded was that we had now reached the stage so far removed from the point of departure of the political development in our country that that side of this House was obliged to reorientate itself. My further statement was that reorientation was only possible in the direction of the Progressive Party and my further deduction was that the Progressive Party had already put out its hand towards that reorientation.
I must admit that I have rather lost the trend of thought of the hon. member for Bloemfontein West. I tried my best to follow his somewhat tortuous logic, but halfway through I rather lost the thread. However, he did say one or two things which I feel I should at least contradict, because he clearly misunderstood the whole basis of a federal policy. [Interjection.] As I was saying, the hon. member tried to find some form of unity in the policies of the United Party of race federation and the Progressive Party policy of an ordinary geographic federation. They are completely different. The one visualizes a geographic content of areas linked together as our provinces are linked, but not by a unified Parliament like this one under Union, but under a federal system whereby every individual on a common roll basis who qualifies will have the vote and will therefore have a meaningful say in the political power structure of this country.
What about the Bantustans?
I am coming to Bantustans. I have not forgotten them at all. The United Party race federation plan does not envisage anything of the kind.
Of course we have a geographic content.
What is this geographic content? il do not know how the hon. member can talk about a geographic content when it is all on a system of communal franchise. The race federation as such has nothing to do with geographic areas. There need be no provinces at all. The race federation is a federation of races in a Central Parliament on a communal basis. [Interjection.] I did hear what the hon. member said, but that still does not explain the meaning of race federation. The meaning of race federation is that the races are federated with some say in a Central Parliament on a communal basis, with eight White representatives of the African people, six possible—I use this famous word, “possible”—Coloured representatives for the Coloured people, two representatives, I think it is, for the Indian people, and the rest of the central race federal Parliament will consist of White members. That is the United Party’s plan. There will be provinces in the ordinary way and they will have some autonomy as at present, but the actual running of the country will be done by a Central Parliament with the races represented communally, and therefore the races which are represented communally will in fact have no real say in the political power structure of the country.
And yours?
Ours is completely different. Take the existing provinces, if you like, and add to them, if you like, a Bantustan which in the meantime may have become either independent or developed to the self-governing stage such as the Transkei. That could join our geographic federation, and I might say it is the only one I envisage as even being possible because of the fact that it is the only contiguous land area among all the Bantustans … [Interjection ] … but with political franchise granted to individuals irrespective of race on a qualified basis, so that the election of the Central Federal Parliament will be done by all the races on a common roll for everyone who qualifies for the vote.
What about the geographic content then?
The geographic content comes in the provinces which are given rights of autonomy. [Interjections.] The provinces are ruled by this Parliament, just as they are ruled by this Parliament today, and they are given certain rights in regard to education, hospitals and roads. That is virtually all that they are given rights over.
I should like to ask the hon. member whether Whites would have the right to purchase land on a large or small scale in the present Bantu homelands?
Yes, of course, anybody will be able to buy land, and non-Whites will be able to buy land in the so-called White Republic. [Interjections.] We envisage South Africa as a multi-racial entity controlled by a Central Federal Parliament in which all individuals have the vote on a common roll—that is the important thing—so that they are not limited to eight representatives for the entire race.
The provinces will be allowed autonomy in their own areas in certain fields, and let me tell you it will be wider fields than at present and their rights will be entrenched. Then those people will be able to continue with the normal local government activities. [Interjection.] I know your policy only too well, and while I am on that point I might just mention this to the hon. member for Transkei as regards the resolution which was adopted at that notorious 1959 congress which led to our leaving the U.P., I might say it was the end of the line for us although there had been many other incidents before then, as the hon. member well knows, like the Coloured franchise and other incidents in the past which we managed to swallow. But this was the last straw. It was a thoroughly dishonest resolution which had nothing really to do with the independence or otherwise of the Bantustans because at least two-thirds of the land had already been acquired, and what were they going to do about that land which was going to the independent Bantustans? So it rested on the remaining land which still had to be acquired, and the hon. member for South Coast saw this as a wonderful opportunity to persuade a few farmers in Natal to support the United Party in the forthcoming provincial election by saying, “No more land for the Blacks; no more land for these independent Bantustans.” And I might say that member after member of that party objected to that resolution including the Leader of the Opposition. Since the hon. member has raised it now, I would remind him that his own leader voted against that resolution at the congress. To return to our Federal policy, apparently the hon. member finds it difficult to understand. What is important in the political context is who controls the country ultimately. This Parliament will control it, the Federal Central Parliament, but the people represented here and their representatives in this Parliament will consist of the entire cross-section of the nation and not just small communal groups representing the various races, with minor representation for the largest group and enormous representation for one of the smaller minority groups, the White people. Does the hon. member not understand that you have got to have a proper meaningful say in the political power structure of the country for it to mean anything?
On your definition there is no geographic content in your policy at all.
The provinces, but the hon. member does not understand and I cannot explain it further. He is too dense.
What do you call your geographic units?
It does not matter what you call them. You can even call them states if you like. The United States is a federation with states as components and Australia is a federation with states. What does it matter what you call them? They will be component parts, states or provinces or whatever you want to call them, of a central federation controlled by the broad base of the population. Each state or province will be given its autonomous rights to look after certain things.
Why did you deviate from your previous policy?
But this is no deviation whatever. I can provide the hon. the Minister with the original resolutions adopted 10 years ago. There is no difference whatever. I will provide him with the Molteno Commission’s report, which recommended a federal form of Government. We have never had anything else. Unfortunately, in stressing the racial policy, the federal policy has become somewhat lost. I do, however, think it important that we stress it again and again. This was the original policy of the Progressive Party. The hon. the Minister is looking sceptical. I shall send him documents which were dated many years ago.
I am not looking sceptical.
Then you must accept what I say.
I cannot see why you have a quarrel with the United Party.
Well, then you are just as dense as the hon. member for Pine-lands. Who is to control this structure, if it is not the broad base of the people or if it is not something communal? In the hon. the Minister’s scheme of things, they would of course have no say at all in this Parliament. The hon. the Minister, the hon. member for Bloemfontein West and their Press were ecstatic over the fact that the congress had accepted a resolution which said that these Bantustans could be accommodated as states or as provinces, if they have in fact become a fait accompli by the time the Progressive Party comes into power. [Interjections.] Members can laugh, but they have forgotten that it is not so very long ago that the National Party had one member from the Transvaal. Ten years later the National Party was in power. That can happen again. [Interjections.]
Order! Why are hon. members getting so upset? [Interjections.]
Thank you, Sir. You have dealt with those hon. members better than I could have done. The question is: What does one do, should an independent Bantustan have been created? One cannot revoke their independence.
Tell the United Party.
Yes, I am telling the United Party. Their independence cannot be revoked unless the State itself agrees willingly to revoke its own independence and to rejoin what was the Republic of South Africa. I may say that it is very likely that they would do so under our policy, because of the great exchange of rights they would get. They would then get a meaningful say in the Central Parliament, together with mobility and the removal of all racially discriminatory practices. If the hon. the Minister asks Chief Gatsha Buthelezi today whether he would choose an independent Zululand or a Zululand which would be a province of a federal system under a Progressive government, I know very well what he would say, and so does the hon. the Minister. I may say that this would probably apply in the Transkei as well, if a free vote were allowed and proclamation 400 were removed, because the majority vote was cast for a multi-racial South Africa when the first Transkeian Authority was set up.
They did not vote on that basis.
The opposition party …
They did not even have parties at that time.
Nonsense. The Opposition in the Transkei was entirely against the idea of independent Bantu authorities.
That opposition party was formed only after the first election.
They were entirely in favour of remaining a part of the Republic of South Africa. With the removal of race discrimination, what does the hon. the Minister think will be the answer in that regard? Let us assume that an independent Bantustan is given an opportunity of rejoining the Republic. We would then say: Come in if you wish to. If you come in, however, you come in on the same basis as the other provinces, or states, whatever you want to call them. You will be given the right to look after certain local governmental matters. You will vote on a qualified franchise basis. After that, it is up to them to choose. If they do not want to come in, do you send the Army in? That is what I asked the United Party.
Did you not hear what we said?
No, I did not hear what you said about that.
We said that we would have to negotiate with them.
Well, that is not what another member said to me by way of interjection, but I shall accept what the hon. member for Transkei says. He says that they will accept the position. They will have no option but to accept the position and then to invite them to rejoin the Republic. According to our policy, they would then be able to join as another state.
Will you ask Swaziland too?
Yes, we would invite any of those states who wished to join us. We would be delighted to have a greater federation of Southern Africa.
The United Party says the same thing.
Yes, but in terms of our policy everybody, irrespective of colour, would have a vote on a qualified franchise basis in this central federal government.
What will those qualifications for the franchise be?
I shall repeat the qualifications. They are Std. VI and the earning equivalent of a semi-skilled worker for two consecutive years, or it is Std. VIII, the school-leaving qualification. Those are the qualifications. A further qualification would be literacy and the ownership of property to the value of R1,000. There are provisions that have been made 10 years ago for the up-dating of the economic, but not the educational, qualifications, so as to approximate roughly the value of money today. That is all. It is as simple as that.
What will the position be as far as Whites are concerned?
It is an arbitrary test for everyone, even for Whites. Some members may not even qualify. Is that not interesting? If they do not meet the requirements on the educational and/or economic basis, they will not qualify. In fact, we have had compulsory and free education for a long time in South Africa for Whites, and it is very unlikely that Whites would not qualify. By the way, those on the roll would remain on the roll. Are there any other questions?
What would your basis of representation in this House be?
I do not know what you mean by “basis”. Do you mean the constituencies?
Yes, the constituencies.
The constituencies will be based upon people, individuals, human beings, irrespective of colour. That is a terrible concept, is it not? Imagine thinking of people without colour!
Would there be representatives for the areas?
There will be constituencies, yes. South Africa would be divided into constituencies.
On the same basis of delimitation?
We would not have the load-off-load this Government has, except for a small percentage, just to allow for the difficulties of delimitation. We would not have a load-off-load of 30 per cent in order to allow the rural constituencies to have far fewer voters than the urban constituencies. That went out with the dodo as far as we are concerned.
Will those provisions be entrenched?
Everything is entrenched.
Mr. Speaker, may I put a question to the hon. member? Will all the voters on the common voters’ roll be entitled to nominate and designate their candidates themselves, irrespective of colour?
Yes, as long as the candidates qualify themselves. You have to qualify before you can become a candidate. Afterwards you can nominate your own candidate, irrespective of colour. Sir, I know that this is a terribly difficult concept for members who are so obsessed with colour …
No, with existence.
What do you mean by that?
We are not just going to hand the country over …
Nonsense. Nobody is handing anything over. Sir, the hon. the Minister is so frightened of non-White people that he cannot imagine living in multi-racial harmony with other South Africans of different colour. This is beyond him, but it could happen. Believe it or not, it could happen. Indeed, we have never tried it in South Africa.
They tried it in Kenya. What happened there?
The hon. the Minister must not tell me about Kenya. First of all, there were only a handful of Whites in Kenya. I might say that those who remained are living in harmony in that country, but then there was never more than a handful of settled Whites in Kenya.
A handful? There were about 100,000 Whites in Kenya.
And how many Africans were there?
So what? [Interjections.]
There were millions of Africans. How silly can you get? Of course it matters. In this country there is a large, settled White population. They cannot just be discarded as readily as the White settlers were in the other territories. That is the first point. Secondly, our Africans are different from Africans elsewhere. They have had decades … [Interjections.]
In terms of your policy, are you going to increase the number of seats in Parliament, or are you going to keep them at 166?
I rather imagine that the numbers would have to be increased, since the broad basis of the electorate would be increased, but I really cannot say for sure. That detail has not yet been worked out. As soon as we have worked it out, I shall let the hon. member know. I do not think that is important now.
It is important.
All right, as the population and the electorate increases, naturally one has to increase the size of the representation in this House. The main point I am trying to make is that our Africans are different. They have had decades of association with White people in a modern industrial economy. They no more want the standards that have been attained to drop than we want our standards to drop. They are fully aware of the fact that White people are not only necessary, they also desire them to stay and work with them in multi-racial harmony. It is as simple as that.
Yes, until it suits them to kick the Whites out.
They might want to kick some of the Whites out, like certain members I could think of, who have expressed nothing but hostility. By and large, despite everything, there is still a remarkable amount of harmonious relations in this country, and there is still remarkable goodwill by non-Whites, who are only yearning for the Whites just to show a change of direction in the way in which they are handling non-White people.
What happened in Zambia?
The hon. the Minister is frightened of non-White people. I am not. That is the difference.
Order! The hon. member may not carry on a dialogue like this.
Well. I wish he would keep quiet then, Mr. Speaker.
Order! Hon members must give the hon. member an opportunity of stating her case.
Thank you. Sir. I say that tradition is a word which is bandied around this House all the time. I want to say one final thing to the hon. the Minister or to the House and that is that I am not frightened of non-White people. The people that frighten me are the people who have grievances. Because, when people have grievances, that is when trouble and violence occur. Those are the people that frighten me and not the non-White people as such at all. In fact, I am more frightened of violent White people in many respects. As I was saying, tradition is a word we often hear bandied around in this House. It is a marvellous excuse for retaining those things which one thinks fit in with one’s current policy and for happily discarding the things which no longer suit one. For example, the Coloured franchise was a tradition in this country, but it was easily thrown over. Now, Sir, we suddenly have the tradition of the development of independent Bantustans. I have never seen in the history of South Africa that I have read, that that is part of the tradition of this country. It became a tradition of the Nationalist Party in latter years when they needed an ethical background to a policy which was not acceptable to the outside world or even to their own thinking intellectuals. Naked “witbaas-skap” was no longer acceptable. Dr. Verwoerd was intellectually superior enough to recognize that in the world of today naked “baasskap” just would not go down. So came the idea of separate development instead of apartheid, even unto independent Bantustans. The whole thing was designed so that the Nationalist Party would have an ethical basis to put against the fact that it is steadily depriving African people of rights in the so-called White Republic of South Africa. That is the whole basis of the policy. It is the whole basis for all the constitutional changes which have been introduced, such as granting self-government, giving concessions, and promising possible independence. This has only been done so that they can say that those Africans, who remain in the White Republic of South Africa, are here as visitors or temporary sojourners only. They have no right to claim any right whatsoever. That is the whole basis. I am right, am I not? “Yes”, says an hon. member, I am right.
Well, Sir this might have an ethical basis if the reserves or homelands could ever be viable, which they never can be. With all the will in the world and all the money in the world, they cannot be viable. There are not the job opportunities that will ever entice people back there. One can push them back. One can “persuade” them to go back. The Minister’s Department is adept at “persuading” them to go back. They are told that they have no jobs or houses in the cities and that they will be arrested and so they are “persuaded” to go back. The hon. the Minister is adept at moving Black spots. The 200, 300 or 500 families involved every time he moves a Black spot, are nothing. However, when I asked him why he does not convert Soweto, where 1 million people live, into a homeland and thus solve all the problems of border industries on the Witwatersrand, just as he did with Mdantsane in East London, he goes white with shock. He goes white with shock at the thought of converting Soweto into a homeland. But it is just an accident of history that there was not a little tribe living outside Johannesburg, which in 1913 could have become a scheduled area or in 1936 could have become a released area. The hon. the Minister is a great empire builder. I suggest that he creates just a small homeland area in Soweto, so that he can swop it for a Black spot somewhere else. I will find a nice one in the Northern Transvaal.
Just to the north of Johannesburg.
Right, even there if he wishes. Let us put one there and let him call Soweto a homeland. That will solve an awful lot of problems for a lot of people, one million people in fact.
As far as I am concerned, this Bill offers no quid pro quo. None of these constitutional bills offer any quid pro quo to the people who have never lived in the reserves and to the people who will not be able to continue living there, because of sheer, grinding poverty. They do not come into town only to see the bright lights, as hon. members think. They come in because there is no employment for them in those reserves, and because they are living at a bare subsistence and below subsistence level. As long as that is the case, no laws will be able to keep those people out and no constitutional status will make any difference to their conditions. The hon. member for Brakpan threw up his hands in horror when the hon. member for Transkei said that there were more Africans living in the urban areas than in the homelands. He is not right in saying that.
There are more out of the homelands.
He is right when he says there are more out of the homelands than in. That, of course, includes the utterly neglected class of African, who is permanently living in the White area, namely the Africans on the White farms. There are at least three million of these and nobody talks very much about them in this House. They are, if anything, probably the worst off of all the Africans.
Ask Wally.
I can show that hon. member some farming wage rates. I am not saying that there are not good farmers. Of course there are good farmers, who look after their labourers and families and pay them a decent wage, but I can show the hon. member areas where farmers pay R3 to R6 per month in a cash wage— and that is considered a very high wage indeed—plus a bag of mealie meal per week for the family. Perhaps they also get some fuel, the use of water and a couple of acres which are generally the worst parts of the farm, and grazing for a few head of cattle.
Look at the other side of the House, not at us.
Well, the hon. member has disputed it. If one adds the 3 million to the 3½ million or 4 million in the urban areas, that means that more than half or approximately 60 per cent of the Africans are outside the reserves.
What do you feel about the mine labour?
I do not like the migratory system of labour on the mines or anywhere else. More than half of those, by the way, come from outside South Africa, which the hon. the Minister probably does not know. Nevertheless, I do not approve of the migratory labour system under any conditions. The hon. the Minister, who was on the United Party benches when this happened, should know that at one stage the mines in the Free State wanted to increase the number of permanently settled mineworkers. That was stopped by Dr. Verwoerd, who would not allow it. He forbade them to take any more than 2 per cent of the total mining forces as stable, settled people. The rest had to be migratory labour. Sir, if the Government would change its mind and allow settled labourers and, most important of all, if they had the courage to do what is being done sub rosa anyway, namely to lift the Mines and Works Act restrictions, we could at least reduce the number of migrants working on those mines. Concerning the Mines and Works Act restrictions, there was a commission of inquiry, which was hastily shelved when the Mineworkers Union raised its angry head, but in fact, these restrictions are being lifted sub rosa because not enough Whites are coming forward to be trained to keep this vital industry going. The lifting of those restrictions would be to everybody’s advantage. It would be to South Africa’s economic advantage, because we would be able to produce more gold economically because at the moment many jobs are classified as skilled, which are not skilled at all. There is a new South African word, namely “de-skilling”. As soon as Black people do these jobs, they are known as a de-skilled occupation. Let us de-skill some of the occupations on the mines. Then we will be able to do what the hon. the Minister for Tourism suggested.
I think I have more or less covered everything I wanted to say.
You mean you have had your chips today?
No, the hon. member has to listen to me again later this afternoon. I want to wind up by saying that the Progressive Party has sensibly accommodated the idea of an independent Bantustan, which may exist when we come to power. We have accepted that this may then have happened. I personally, I must say, have the greatest doubts about this. I do not believe for a moment that the Government is going to give independence. The hon. the Minister was most cagey about answering any of the really relevant questions which were asked him during the Second Reading debate. [Time expired.]
We have been listening to a very interesting speech, that of the hon. member for Houghton—interesting since she has told us more of her policy and of the similarity which exists between the policy of her party and the policy being followed by the United Party.
What is interesting in her policy is that her party wants to deny the existence of the national ties of the Bantu—in other words, she does not want to accept that separate Bantu peoples exist in South Africa; she does not want to admit that the Bantu in South Africa differ amongst one another on the basis of language, descent and culture; she does not want to admit that their aspirations differ and that they can come into conflict amongst themselves. But surely she has been in a position of gaining first hand knowledge of conflict between Bantu peoples. After all, recently she paid a visit to Zambia and had a discussion with Kaunda. He probably told her of his problems, ones arising from the tribal basis. What we are having a manifestation of in Zambia we shall find in South Africa, too, if we deny the existence of the national ties of the Bantu and give all of them the vote on a common voters’ roll. In terms of the policy of the hon. member for Houghton everyone within the borders of South Africa will vote on a common voters’ roll. This means that there will be a preponderance of numbers on the side of the non-Whites. This ratio she wants to upset even further by saying that under their policy Lesotho and the other Bantu states bordering on South Africa will also be invited to share in that common voters’ roll. This will mean a voters’ roll which will be predominantly Black with merely a handful of Whites, to use her own term.
Another interesting aspect of her policy, as it was stated by the new leader of the party, is that they want to gain the support of the Afrikaner, especially of the young Afrikaner, for their party. I can give the hon. member for Houghton the assurance that with their policy they do not have the slightest chance of getting the young Afrikaner to vote for them. The young Afrikaner of today is a person with ideals. He will not allow his people to set out on a course of suicide. It is very clear that the hon. member and her party are completely out of contact with the thinking of the young Afrikaner of today. We, on the other hand, are convinced that the young Afrikaner of today, the leader of the future, is prepared, able and inspired to take our task in the years which lie ahead to its logical consequences on the foundation we are laying here now. The logical consequence thereof is independence for the various Bantu states.
I should like to dwell for another moment on the difference between the United Party and the Progressive Party. The United Party says its policy is one of race federation. The Progressive Party, on the other hand, says its race federation policy has a geographic content. Here it is really difficult for me to see the difference. As I see it, the difference is that the one calls its policy a race federation whereas the other calls it a federation of states. However, to me this seems to be the same thing in practice. Under the policies of both the non-White will have the vote. The Progressive Party says the non-White may vote for whomsoever he wishes—White or non-White; the United Party says the non-White will be represented by Whites, but only for the immediate future—we can have no doubt about that. Are they in earnest in thinking that by giving the Bantu eight representatives they will satisfy the political aspirations of non-White South Africa? On what is the policy of the National Party based if not on a recognition of the human dignity of the non-White peoples of South Africa? What other meaning does it have except that we are admitting that other people are the same as us and consequently also have political aspirations and therefore must have the right to strive after and realize those political aspirations? What opportunities is the United Party creating for the non-White?
What about the Coloureds?
Forget about the Coloureds for the moment. The fact that the hon. member always resorts to the Coloureds is an admission, as was said by the hon. member for Bloemfontein West, of the fact that our policy with regard to the development of the Bantu is the right one, that we are on the right road. It is because the hon. member for Turffontein feels that we are not following the same road with regard to the Coloureds that he is always throwing the Coloured question in our teeth. At the moment, however, we are dealing with the development of the Bantu homelands and not with the Coloured question. At the moment we are discussing the development of the Bantu homelands; that is what this debate is about. Can we deny for one moment that the Bantu peoples, too, have political aspirations? The hon. member for Transkei must admit this; surely he cannot deny this—the Bantu, too, do have political aspirations and as we make progress in our dispensation for them, so those political aspirations will crystallize more and more. In what way will those political aspirations be fully realized under the policy of the United Party, except in the way that the non-White will have to fight to realize them? Basically the difference between the policy of the United Party and that of the National Party is that under the policy of the United Party each non-White will have to fight for what he wants; under our policy, on the other hand, each non-White can get what he wants when the moment arrives for him to have it.
The urban Bantu as well?
The urban Bantu, too, can definitely get his political rights. Each one of the Bantu in the cities has a tie with a people; through language, descent and culture each one is integrated with his own national group. The Citizenship Act has laid the foundation for the urban Bantu to exercise his rights elsewhere. This is not a new thing in South Africa. What about the Malawians living in South Africa? The hon. member for Turffontein is so concerned about the urban Bantu. What does he say about the Malawians? Many of them are living here; many of them were even born here. Nevertheless, they have citizenship of another country. They exercise their rights at another place. But now, by way of interjection, the hon. member for Pinelands says: “But they are merely a handful.”
A handful of migrant labourers.
The hon. member said they were a handful; now he is adding the words “migrant labourers”. What he is actually telling us today is this: Do not pay any attention to them; they are merely a handful. Sir, this is not how the National Party argues. The National Party is sensitive to the aspirations of each and every one resident in South Africa, whether White or non-White, and we create the channels along which those aspirations may be realized. What is the moral basis of the policy of the United Party and of the remark of the hon. member that they are merely a handful? What test of morality does one want to apply to oneself when one says that they are merely a handful? The hon. member for Pinelands says they are a handful of migrant labourers.
But they come from an independent state.
The hon. member for Pinelands is not aware of the factual situation as it exists in South Africa at the moment. There are of the Malawians who have been in South Africa for many years; some of them have children who were born here. Does the hon. member want to deny that? Does he want to deny that we have Malawians here whose children were born here? They are citizens of Malawi; they are not citizens of the Republic of South Africa.
What about the Basuto?
There is no need for us even to talk of the Malawians; there are the citizens of Swaziland and the citizens of Lesotho, as the hon. the Minister rightly said. There are thousands of these people in South Africa. As regards the morality of the standpoint of the United Party, I just want to quote the words used by one of those hon. members in the previous debate when he said that we were disturbing the “stable labour force”. I should like to know from the hon. member for Pinelands whether this is the standpoint he, too, adopts in this regard. Because it seems to me, if I am interpreting and reading this quotation correctly, that the interest which the United Party is, in fact, showing in the Bantu at this stage is due only to the fact that the Bantu is a source of labour. The United Party sees him merely as a means of making money for them and of making money for South Africa. Sir, the non-White in South Africa, the non-White of the homelands and the non-White of Lesotho, Botswana and Swaziland sell their labour here in South Africa. He cannot find a livelihood elsewhere. However, the attitude of the National Party towards him is different to that of the United Party. The attitude of the National Party is to create opportunities for that man as well.
Where?
We afford him the opportunity of realizing his aspirations and ideals as a member of a people.
But then he has to go back to Lesotho.
He may return to Lesotho if he wants to. A citizen of a homeland in South Africa may return to his homeland if he wants to do so. No-one is keeping him here in South Africa.
They want him here.
Why do you not send all the Bantu back?
Order! Why is the hon. member getting so excited?
He has no case.
Sir, when some members of the Opposition are making the most noise one knows their consciences are slowly beginning to bother them.
Business interrupted in accordance with Standing Order No. 30 (2) and debate adjourned.
The House proceeded to the consideration of private members’ business.
Mr. Speaker, it is perhaps a good thing that we are stopping the previous debate for a while so that we can come back to the actualities of our country and so that we can discuss matters that are going to be of great importance to us all in the future.
Sir, I should like to move the motion standing in my name, as follows—
Sir, you will notice that this motion proposes that the Government should take purposeful steps to make the Republic self-sufficient as far as its timber requirements are concerned. Although I am placing the emphasis here on self-sufficiency, I do not for one moment want to forget the value of the large export potential of timber products. I just want to point out that wattle bark earns R8 million and that other products such as pulp, fibreboard, cardboard and processed wood already earns a further R30 million. In looking at the international position of timber we find that the use of timber is increasing tremendously. Figures prove that the world’s use of timber doubles every 20 years. We find this increase in the use of timber despite the use of substitutes such as plastic materials. We can therefore take it that the use of timber will increase. We also find this upward trend in the use of timber in South Africa, and I do not think that this is solely because we are having an upsurge in the building industry. I think we can accept the fact that the upward trend has come to stay. It is therefore necessary for us to take another look at our whole timber industry and at its future here in South Africa.
During 1967 a very important committee of inquiry was appointed, the Committee of Investigation into Private Forestry in South Africa. The committee was under the chairmanship of the present Secretary for Forestry, Mr. Malherbe. Sir, I regard the committee’s report as very important for the timber industry, and I should just like to quote the terms of reference of this committee to the House, because I think that we are still going to refer back a great deal to its work—
This is the point I should like to come back to at a later stage—
I regard the findings of this committee as very important, but I cannot refer to all of them; I just want to mention here that it was concerned with the co-ordination of supply and demand, about which they made very important recommendations; it was concerned with research, marketing, soil conservation, the prices of timber, the grading of timber, the forming of co-operative societies of timber producers and co-operation between timber producers and the Department of Forestry; it was concerned with taxation, and the committee made important recommendations in connection with estate duty on timber plantations; it was concerned with the use of land and also with legislation. In 1968 we obtained the amended Forestry Act in which a considerable number of these recommendations were beneficially included, and which I shall come back to at a later stage. But in paragraph 110 of their recommendations we find a small section that I should like to quote to the House—
In an appendix to the report very definite guiding lines are laid down about further action in respect of this matter, and there was a discussion about the kind and extent of the loans that ought to be granted, the interest and the terms, the administrative assistance that can be given to producers and the necessary supervision, taxes, insurance and, lastly the subsidizing of such loans.
This principle of the subsidizing of plantations is not a new one. It is done in other countries because the long period one has to wait for one’s money and the large capital expenditure do not easily make it profitable for a private owner, particularly if he still has to purchase land on which to establish a plantation. We find examples of this assistance in Finland, for instance, where the State grants loans for the reafforestation of unproductive and devastated land. We find a very good example in France, where the most successful scheme was applied. The Natural Forestry Fund grants a 100 per cent loan on afforestation, on which they pay only a 50 per cent to 80 per cent subsidy, and they give that money to the producer at an interest rate of ¼ per cent to 1 per cent. We also have it in England. There we have the “Approved Woodland Scheme and Dedication Scheme”, in which the government, if the owner binds himself to plant and to tend trees according to a fixed programme, gives him an annual grant and also helps him with the establishment of plantations. We can therefore see the importance with which other countries regard their plantations. If the recommendations of the committee are implemented, there ought to be no danger that misuse will be made of this financial assistance. Such an owner will have to administer his forests according to properly drawn-up plans.
But let us now first look at what the Republic’s timber position is, because it is important for us to conduct a survey. We find that in 1969 there were 1,150,000 hectares of afforested land in the Republic. 190,000 hectares of that was indigenous forest. We are very grateful and proud of the great care the State gives to our indigenous forests, and we are grateful that very great portions of this are in the possession of the State. They take care of its preservation and management, and I am glad the Department of Forestry has converted to a system in which the planned administration of these natural forests can make them more useful and more accessible to the public. We should like to ask that the State continue to administer our indigenous forests in this very sensible way. We must remain true to the slogan “forests must remain forests”.
I also want to make a further appeal for the planting by us of more indigenous trees. Even though an indigenous tree grows much more slowly than a non-indigenous one, it nevertheless has a very great value for us, not only the commercial value of the tree but also the embellishment and the pleasure it can give to man. That is why I want to ask that throughout the country we give much more attention to the planting of more indigenous trees and that we ensure that if necessary research will also be done, so that these trees can come into their own to a greater extent.
The remaining 960,000 hectares are established plantations. We find that 50 per cent of this is pinewood, 30 per cent gum trees and 20 per cent wattle; two-thirds of this timber is privately owned and one-third is owned by the State. In 1969, the latest figures tell us, we obtained the colossal amount of 7,650 million cubic metres of timber from these plantations. For the information of the House, which is not yet metricated to such an extent, I can just say that one cubic metre equals 35 cubic feet. Saw logs represent 28 per cent of the timber, pulp wood 37 per cent, mine timber 29 per cent and other timber 6 per cent.
Now, to what extent does this timber provide for our needs? If we look at construction timber, we see that 85 per cent of our needs are met. In other words, we still have a shortage of 15 per cent. As far as plywood and veneer are concerned we still have a shortage of 38 per cent, 20 per cent in respect of paper pulp and cardboard needs and a tremendous shortage of 82 per cent in respect of timber cross-beams. As far as cross-beams are concerned, I believe that through research we can perhaps, be much more self-sufficient in the future. I understand that the Department is engaged in an intensive programme in that connection. As far as leaf-wood for the manufacture of furniture is concerned, we have a shortage of 70 per cent. There it will perhaps not be so easy to meet all our needs, but we must keep at it and I believe that our natural forests can provide more of this timber. As far as the other uses are concerned, for example poles, mine props, fibre board, soluble pulp, wooden containers, factory timber, firewood and wattle bark, we are already supplying 100 per cent of the needs.
In any case it is very clear that we still have a great shortage at present, and this position is not improving. It is therefore necessary for us to carry out prognosis studies of what the future needs will be, but it is not easy to carry out such studies without the proper figures. It is therefore important that in 1968 the Forest Act provided that data be collected from all producers of timber so that studies could be made for the future. When the then Minister of Forestry moved his policy motion in the Other Place in 1968, he drew a very clear picture. He mentioned there that a study by an independent consultant predicted that at the end of the century there would be an annual timber shortage of 16 million cubic metres. In the Forest Act of 1968 provision was made for proper stocktaking. Section 29 (2) (a) reads as follows—
This was a very sensible provision in the Act, and after just two years we have already obtained very important results. I want to express a word of thanks here to everyone who helped with these surveys. It is thanks to the help of the timber producers and all the other persons and bodies that have given their assistance that we already have results. A preliminary study based on the data we have obtained thus far indicates that in 1972 we shall already have a timber shortage of 1.3 million cubic metres. In the case of saw logs there will be a shortage of half a million cubic metres. We shall have a pulpwood shortage of 444,000 cubic metres. We shall have a mining timber shortage of 375,000 cubic metres and a 7,500 cubic metre shortage in respect of poles. It is only in the case of matchwood that we shall have a small surplus of 10,000 cubic metres. The total net timber shortage will therefore be 1.3 million cubic metres. If we convert this into cubic feet we see that in 1972 the shortage will be 46.7 million cubic feet.
My motion proposes that we take positive steps to make the country self-sufficient in this connection. Now we can rightfully ask ourselves whether it is in the country’s interests that we should specifically be self-sufficient in this sphere, or whether we should not preferably import? There are, for example, our agricultural products that certainly have first claim on our water and our land. These can also be exported, because they can earn us valuable foreign exchange. Then there are also our industries and our cities that must be provided with water. When we have put forward these points, I want to allege that forestry has a rightful claim to all the water and land that can be made available to it.
There are so many pieces of land in the Republic that can still usefully be planted. There are, for example, pieces of waste land on farmlands that is good for nothing else. I am thinking, for example, of the mountain catchment areas that are very frequently needed for water run-offs, but in other cases they can also be very usefully employed for forestry.
I realize that the State has an afforestation policy. But what I am advocating here today is that in the implementation of this policy we must now work out a general afforestation programme for the country as a whole and purposefully pursue it. It appears to me, for example, that when the State purchases land for forestry purposes, it chiefly purchases land that is offered in passing, and that there is not a purposeful plan in the purchase of such land. In addition the State also depends upon the private sector for the planting of trees.
I therefore want to propose for the hon. the Minister’s consideration that the afforestation policy should be more dynamic. At the commencement of such a dynamic afforestation policy there are quite a number of questions that must be answered. There is, for example, the question of where the trees ought to be planted? Thus far this has been done in high rainfall areas. That is probably correct, because the trees grow better there. But I also want to say that we must give attention to the arid parts of the country. Why can only pepper trees and bluegum trees be planted along the streets of the towns in the Karoo and along our national roads? Is there no room perhaps for our other very lovely trees? I now want to appeal to public bodies, the municipalities and divisional councils to plant other trees as well. I believe that there are few places in our country where we cannot get other trees to grow with a little water, patience and effort. The scientists say that one will not easily change the climate of a country by planting trees. But I believe that one can make one’s country much more attractive by planting trees. That is why we must encourage the planting of trees throughout the country wherever we can, and not only in the high rainfall areas. The next question we must ask ourselves is how rapidly the planting must take place and what the needs are? Studies were carried out in this connection, and we are now getting results. I believe that in the future these figures will show us very nicely what we have to do. We shall not only have to make more surveys of the possibilities, but also of the consumption. More guidance must also be given to producers about what they must plant and where it must be planted. We shall perhaps need to have more technical officers in the Department of Forestry that can go round giving people advice.
Who must undertake this afforestation development? I want to say that the State must continue with its policy. It must plant trees in every suitable spot. Last year the Mountain Catchment Areas Act was passed in this House. It is a very important Act that can provide where planting may take place and where it may not. I do not want to go into the provisions of that Act any further at this stage, but I believe that its implementation is also very important in this connection. The State must therefore continue with its afforestation programme. But what I specifically want to advocate here today is that the State should consider giving financial assistance to the private sector. Financial assistance should not only be given to big land owners, but also to the ordinary farmer. I think that we should encourage people to plant more trees.
Today I also want to appeal to the public bodies to continue with the planting of trees, even without State assistance. Here I am thinking, for example, of our municipalities that own large pieces of land where there are water catchment areas, or even commonage that is very suitable for the planting of trees. They must do it without the State’s assistance. But when we come to private initiative I think it is necessary for the State to grant financial assistance. I think that if we continue with this policy we shall make our country a lovelier and pleasanter country for the succeeding generations.
Mr. Speaker, I wish to welcome this motion by the hon. member for Humansdorp. He is a person who has shown in the past his interest in the forest industry. It is a pleasure to be able to support this motion. It carried with it many implications which deal with the rightful use of land and water. I agree with the hon. member that forestry can rightfully demand land and water above the claims above the other sectors of our economy, above the claims of agriculture in certain areas and above the claims of municipalities in certain areas. I believe that this is something which is of the utmost importance to the future of South Africa.
I would be in a very difficult position if I did not support the hon. member’s motion, because he would then be able to quote my own Hansard of last year during the Forestry debate. I want to touch on it, because one of the points which the hon. member mentions in his motion namely encouraging the private sector to undertake planting on a more extensive scale by the granting of financial assistance, was not really fully dealt with by the hon. member. I should like to stress the year during the Forestry debate when I raised the question of allowing the private farmer to maintain his position in the timber growing industry by means of loans which can be made to the farmer at a reasonable rate of interest. I said then and I say again now that I do not regard 7 per cent as a reasonable rate of interest. I think the hon. the Minister indicated at that time that that was also a thought in the back of his mind. It is certainly not a reasonable rate of interest taking into consideration the current cost of timber growing and in view of the very long-term crop which is planted. If the hon. the Minister will make loans available, we should discuss the question of whether this should be done through the co-operative movement which is more and more becoming the centralizing factor in the private industry or whether it should be done through the Department and how it could be carried out. I do not wish to traverse that ground again, because I hope that the hon. the Minister will be able to tell us something today of how far he has reached in his negotiations. Because, as the hon. the Minister himself pointed out last year, it was a question of negotiation with the Treasury and with other Government departments. He also pointed out that this could not be done throughout the entire country, but only in areas indicated for such purposes. Obviously, the Department of Forestry is going to have to play a determining role in where this type of afforestation can take place. The idea which was basic to our approach is that of the woodlot farmer, which is common in Europe. I mentioned last year, and I stress again today, that the private farmers’ only stake in the timber industry as it is today is farming on a very large scale. The growing of timber is today becoming a large scale industry. Certainly in my area in Natal, one finds that the small man is going out of timber growing. He has already gone out of wattle growing to a very very large extent and he is now going out of timber growing because of the economies of scale which the larger companies can practise and because of the increasing difficulty of sitting in to his labour requirements, the timber he grows on his farm. If the private, ordinary farmer—I do not mean the farmer with 120,000, 50,000, or even 10,000 acres—with a small stake in the timber industry, is to be maintained it has to be on the basis of what is called in Europe the woodlot. The woodlot in Europe is a central feature to the small farmer. These trees are tended with care, as if they were babies. They realize a tremendous amount of income. Each tree is virtually marketed individually. I do not suggest that we need to go quite as far as that in this country, because the varieties of timber we have do not have the same value. But where a man can plant, say 100 acres of trees, I believe the State must give him assistance for him to become interested and to retain his interest in the timber industry. To my mind, this is the kernel of the motion which the hon. member for Humansdorp has brought before the House today. The hon. member mentioned, in passing, the wattle industry. I was not quite sure whether he intended that the State should enter the wattle industry. In fact. I am quite certain this was not intended. I beg the hon. the Minister not to take that into consideration, because we have enough trouble in the wattle industry as it is. The point surely is that there are other hardwoods, and softwoods particularly, which are peculiarly suited to the purposes of the State.
The use of statistics, which the hon. member for Humansdorp mentioned, must begin to show the trend in the use and production of pulpwood in particular. I mention this, because it seems to me that the licencing of new plants for the processing of pulp and even for the production of paper, is something we must consider. We must consider this actively, became it can be a very important source of foreign exchange. I think we all know the position in the pulpwood industry at the moment. There is a large over-production which has, in fact, been the cause of some discontent, or perhaps disagreement between the Department, private industry and the industrial users. But if timber can be used to benefit the country by bringing in foreign exchange, then I think that active consideration should be given to the balancing up and encouragement of the planting of pulpwood with a view to one or more further pulp plants. I wish to say a bit more about that later on, because it will tie in with the attitude of the Department and the private grower in relation to price negotiations.
I believe the point has been reached where the export of timber is something which the hon. the Minister and his Department are going to have to consider, in that i believe the wattle industry has today signed a contract with Japan interests for the export of wattle chips at a price which will be twice the realization to the private grower of anything paid in this country. There is a significant amount of timber to be exported in terms of that agreement. This must have a profound effect on timber prices, especially wattle prices, because of the take-off of wattle which will not be available in this country. I believe that this again is something which the hon. the Minister’s Department must look at. I know, of course, that they are concerned in the negotiations. This is a matter which nobody could undertake without the closest co-operation of the hon. the Minister and his Department.
A question was raised by the hon. member concerning the afforestation of ground at present in the hands of the hon. the Minister and his department. It is odd that land was often in the past handed over to the Department of Forestry on a rather haphazard basis. The department were really the heirs of all the ground which no one else in the country wanted. Automatically it was given to the Department of Forestry who could administer it and look after it and so on. Land which is held on that basis, is often difficult to plant efficiently, because there are little bits and pieces scattered about the country which do not make for an efficient unit. It is my thought that the scattered areas which today lie in the hands of the Department of Forestry might be better developed by private interests, rather than the State itself, on whatever basis the hon. the Minister and his department may decide upon, whether on the agency basis, or by means of loans or subsidies as we have mentioned.
On a lease basis.
As suggested, it could be done on a lease basis. Certainly it should be on some basis, so that the private grower is given a chance, because I believe it is easier for a small grower to interest himself in such areas than for the department to have a host of small areas planted up here and there.
I think that the question of further planting is, of course, tied up absolutely and completely with the question of water supply. We are told that approximately 5 per cent of the total area of our country is really suitable for afforestation. These are obviously the areas which are the sources of our water. It is the old story. We know that there is a very very great difference of opinion between agricultural users of water and the forest industry, as I have already said. There was the case of the Eastern shores of St. Lucia, where ground was in the possession of the Department of Forestry. It was swampy land and it was planted up, which had the effect of drying up those areas. A report was drawn up for the Natal Parks Board by Ken Tinley which certainly indicated that there was an important source of fresh water flowing into Lake St. Lucia from the eastern shore areas which are being afforested by the Forestry Department. I am not a scientific person and do not intend passing judgment on that report. I mention St. Lucia as an indication of the sort of problem which we are going to have to face if we are now going to afforest virtually all the areas which are suitable for afforestation in South Africa.
The hon. the Minister has the most fortunate dual capacity of being both Minister of Water Affairs and of Forestry, and he might well find that he is biting his own tail, if I may put it that way. The interest of his one department will be in conflict with the other. At least it will be easier for him to sort it out than if two different people were involved. I think that this is an important factor in favour of the forest industry, because if there were a Minister of Water Affairs intent on water and a Minister of Forestry intent on Forestry, there would perhaps be a serious conflict. This hon. Minister has himself got both interests at heart. It comes down to the question of priorities—whether the farmers or the department are entitled to use water which falls on their land to their best own advantage. I think we should accept that it is a reasonable proposition that any owner of ground, whether it be the department or a farmer, should be allowed to do that. The hon. the Minister himself has indicated his concern about this matter by the proclamation of certain areas as catchment control areas. I think that it is commonly agreed by all sides of this House that this sort of pattern will have to be extended, if the Minister and his department, as well as the private side of the industry, are going to extend their plantings. If loans are made available to us in order to encourage us to afforest further areas of the country, it is clearly incumbent on the Minister and his department to indicate which areas have to be protected from afforestation. I say, already we have these areas and it so happens that most of them are within my constituency. I think this ought to be the pattern for the future, a direction in which we shall have to move. A plan has to be drawn up. I do not know whether this is going to be one of the functions of the Water Research Commission we were talking about yesterday. In any event, a plan will have to be drawn up, a delimited area in which no afforestation can take place.
I should now like to come to a problem which the hon. member for Humansdorp left out of his motion while it could well have been added with a view to encouraging the private sector to afforest. It concerns the competition between the department and the private grower in the marketing of timber, particularly of pulp-wood. Last year in a debate the hon. the Minister told us that the department was producing only 19 per cent of the pulp-wood produced in South Africa. I think it is common cause that price negotiations between the private industry and the largest user of pulp-wood have virtually reached a deadlock. I am unaware of any agreement having been reached, an agreement which is mutually satisfying. I would have liked to see this motion embracing a request to the Minister to align his department with the private growing sector in any type of negotiation that takes place on prices with the industrial sector. Last year, when I also raised this same matter in a debate, the hon. member for Humansdorp agreed with me that it should be so. So, we have agreement on both sides that we ought to have a position which would guarantee the position of the private grower. If people are going to accept loans, albeit at a low rate of interest, they are committing not only themselves but also their sons and people who may come onto their farms after them to something which they believe would give them a profitable return. But now there is 19 per cent of the pulp-wood production which is not tied to their negotiations. This hangs, as it were, as a cloud over any price negotiations. The private sector is reaching a stage today where they have very accurate price costing. I have never been able to find out on what basis the department costs its production but obviously it has a system which it uses. But are these two bases the same? Should the cost of the private sector not be accepted as the realistic cost of production of the sort of person who is being encouraged to afforest ground? Is it not possible for the hon. the Minister to align his department with the private grower? If there are to be realistic price negotiations —of course, the Minister holds in his own hands the ultimate say about what the price is to be—if the private grower is to be strong enough to negotiate with what is a mighty concern, a tremendously powerful concern, a concern which holds the industrial side of the timber industry in its hands, then we shall have to guarantee the position of the private grower. It is very important indeed that a private grower should realize that if he is to commit himself to loans, which have to be repaid at any rate, he is undertaking a future commitment. And who knows what the price structure will be like when timber going through a 20/30 year cycle is marketed? May I just mention that the interest rate of a quarter per cent is to me a very attractive rate of interest, something we all should like to see in our country! At any rate, as I say, the private grower is undertaking a commitment and consequently he has to have the assurance that there will be the closest possible co-operation and alignment between the department and him. The 19 per cent pulp-wood being produced by the department is not an insignificant figure: on the contrary it is a considerable slice of the production. So. I put this forward for the earnest attention of the hon. the Minister in so far as private interests in timber are concerned.
There is one other question. Do the statistics which have so far come into his department give us any idea of the land available to his department and privately for afforestation? Do they give any indication of the potential production of timber in South Africa? How far are we able to meet what our anticipated demand is likely to be? I think I am fairly safe in saying that we cannot be fully self-supporting in this respect except for certain lines. There are lines where it might be necessary to canalize production. For instance, when giving a loan to a producer it will be for the production of a certain line of timber. This ought to be done in order to satisfy either that line which is in biggest demand or a line which it is expensive to import from overseas. How is the department seeing the future? When the Minister makes available these loans will he use that as a tool to canalize the development of the timber industry in the direction he wishes it to go?
In so far as further afforestation by the State is concerned, the position is that the State is already a tremendously powerful producer. I think this is something where the private industry should be encouraged. I think the Minister himself is interested in maintaining the role of the private grower. If he was not, then obviously he wouldn’t come here and make loans available. I welcome this. The private timber grower is not only a timber grower but also a farmer. It is merely another string to the bow of people who are farmers, certainly throughout the higher rainfall areas. The number of farmers who are merely timber growers is very small. Usually they produce all types of product, including timber. By making it possible for a man to plant perhaps 100 or 200 acres on rocky or out-of-the-way ground, ground not easily accessible for his general farming practice, the hon. Minister would be guaranteeing the survival of the White farmer on an economic basis. In the circumstances I welcome his intention as he announced it in the debate last year, the intention to make loans available and I hope today he will be able to give us some further details and an indication how far he has got with the negotiations that have been taking place.
Business suspended at 12.45 p.m. and resumed at 2.20 p.m.
Afternoon Sitting
Mr. Speaker, I had just begun my speech when the adjournment occurred. I just wanted to record my satisfaction at the fact that the State, as far as the motion before the House is concerned, realized the desirability of linking up the Department of Forestry and Water Affairs. The past year was Water Year, and the attention of all the people in the entire Republic was focused on the importance of water and water conservation, and it found its mark. I think it would perhaps not be unfitting to think in similar terms of forestry, perhaps on a slightly smaller scale. Not much is said about forestry, and there is no day-long quibbling about it. And yet it is very important, not only as a money earner, but also as a means for allowing so many farmers to subsist in those parts where forestry is in fact carried out. For that reason I should like to associate myself with the motion. I should also like to congratulate the member who moved the motion, the hon. member for Humansdorp, most heartily on the way in which he did so. In the course of my speech I shall also refer here and there to certain statements made by the hon. member for Mooi River. It is actually interesting to see that he does not differ from us on the question of forestry, and that we, as foresters and farmers, and on behalf of the people we represent, are probably unanimous in feeling that it is a very important matter, and will be a very important matter in the future.
The motion before the House is very clearly divided into two parts. The first part deals with self-sufficiency through State afforestation. I do not want to elaborate much on that, except to say that in the past State afforestation was regarded by the private sector as a rival, and that at one time in the past, for example. State afforestation and the Department of Forestry acted independently in respect of wage increases, and made things very uncomfortable for our farmers. Pursuant to the motion I want to say at this stage, however that the position has changed completely and that we are satisfied that the State is now giving the farmers the closest co-operation. In that respect we want to congratulate the Department and the hon. the Minister on the fact that they now have a greater appreciation of the importance of the individual farmer as against that of the Department.
The second part of the motion deals with the question of financial assistance to the private sector. I think it would be fitting if we put it to the hon. the Minister that there are certain reasons for the fact that we have fallen behind, as the member who moved this motion stated put it to this hon. House, at such a rate that we shall have a tremendous backlog by the year 2,000 as far as supplying ourselves is concerned, and that we shall then to a greater extent be committed to importing our timber and timber needs from abroad. But it is also interesting, and one would like to have it recorded, that we have delved into the reasons why we have fallen behind. The member who moved the motion said that there is a limited portion of our country where we can plant forest. In fact, the committee of inquiry that went into the matter also said that the area where we can apply afforestation is reasonably limited. But there are additional factors.
The private sector, as we all know, and the farmers also know, are themselves divided into two groups. The first group consists of big producers with large capital, who are also the processors of the timber products that are delivered. In those cases we have had a great deal of difficulty in the past; it caused great concern. It led to the legislation that was submitted in 1968, and to the grading of timber. However, this did not entirely solve our problem. The backlog will in reality become greater as our timber requirements in the Republic increase, for the simple reason that the individual farmer cannot manage afforestation in competition with these large undertakings that recently even capitalized or liquidated other interests. In this way the large firms obtain the capital for purchasing even larger tracts of land in order to eventually make themselves self-sufficient in terms of the factories in which they have their interests.
We are falling behind because the individual forester, the ordinary small farmer or the farmer who perhaps goes in for large-scale mixed farming and is only a small forester, but nevertheless has quite a bit of space in which he cannot undertake agricultural activities on an economic basis, cannot produce economically. We consequently find that there are large areas where afforestation can take place, but where it is not done because there are certain problems in respect of marketing, for example. We also find that the small farmer, and when I speak of the small farmer I mean the small farmer as the second leg of the private sector, is left to his own devices. Today we find that even though the small farmer produces, and even if he has the material available, he can hardly get rid of it at economic prices because he cannot tender competitively with the present-day bodies applying for contracts in which those small foresters or small farmers cannot share— these include mining undertakings as well as semi-Government and Government undertakings such as the Electricity Supply Commission. They cannot tender competitively on a basis on which everyone can get a large enough share in the market, and then they are actually committed to becoming sub-contractors of those large companies.
I want to mention an example. The example I want to use is that of an undertaking such as the Electricity Supply Commission that makes use of 30, 35, 40 and 45 foot poles drawn from the forestry industry. They take no notice of a man with 10,000 trees, or 30, 40 or perhaps 150 acres of trees on his farm when they need almost half a million poles. They take no notice of his tender; it is too insignificant for consideration. When their products are marketable these small entrepreneurs are committed to selling them to the large entrepreneurs who can supply 70 per cent of the tender and then rely on the fact that further timber can be purchased.
The result is that the small producer has become afraid of doing any further planting, and consequently we are getting into ever greater difficulties. We are lagging further behind in the provision of the necessary timber supplies. It is therefore necessary for this motion to be before the House today. We trust that the hon. the Minister welcomes such a motion in the House. We must realize once and for all that the small sector of the rural population, the farming community, must not be committed to remaining a mere adjunct to the larger companies who are well endowed with capital, and that consequently sufficient State assistance should be given to the small man. They must be given the assurance that if they produce they will be able to get rid of their products.
In the case of the example I mentioned, we find that the Escom organization pays respectively R5.47. R7.52 and R9.89 per pole for the 30. 35 and 40 foot poles with respectively four to five, five to six and six to seven inch tops. The 35 foot poles with four and five inch, six and seven inch and seven and eight inch tops are purchased by tender for R6.48, R15.53, R11.27 and R18.39 per pole respectively. These poles have a very large market—on the other hand there are, of course, the mines —and offer a very good illustration of what the farmer is actually faced with. Those poles can be creosoted at an average estimate cost of about R1 per pole. To the amount I mentioned R1 per pole is then added. The balance is then profit made by the big forester on the contracts he entered into with the Government or the semi-Government organization.
But the irony of the situation is that the contractor does not have a sufficient supply of those same lengths of poles in stock, or in his plantation, and must purchase them. The offer he then makes to the producer is about R1 per pole. To tell the truth, it is less than R1. The contractor therefore pays R1 for the pole, and to that is added his transport costs and the costs of having the pole treated with creosote. The balance is then profit. As a result he can comply in full with his tender, in fact at the expense of the small farmer who consequently does not have a rightful share in the market that is available for that specific kind of timber. This is not only the case in this particular field. The same applies to the pulp manufacture. The pulp wood that is used at present is soft timber. Consequently the farmers do not plant that timber on a small scale. They cannot plant it on a small scale, because they do not have a rightful share in the market.
For that reason certain of these large factories that manufacture pulp on a contract basis in the Bantu areas on behalf of the Department of Bantu Administration have concluded large contracts for the planting of the relevant timber. Now the small farmer fears that when these plantations come into full production they will land up in the same boat and eventually simply have to accept an arbitrary price for their timber. These plantations will come into production shortly, because they were chiefly planted after 1948. Consequently these farmers are no longer interested in planting such trees, and attention is now chiefly being given to production. Farmers are now establishing plantations in the parts where use cannot normally be made of ordinary agricultural machinery for the growing of various kinds of foodstuffs. They simply plough up the grass, and on that fallow land they then plant forests, and their production costs are therefore low. If a farmer plants enough he can make ends meet because he can lay claim to a share with these large companies.
The point I want to make is that forestry is being handicapped by such practices. The benefits these practices have for our timber industry are questionable. The small forester does not have the necessary capital at his disposal. The problem of providing this small forester with capital was clearly stated in the motion of the hon. member for Humansdorp. The hon. member for Mooi River agreed with him in that connection. He referred to the fact that last year the hon. the Minister held out the prospect that in the course of time such loans would in fact be made available.
In the past month I read a report somewhere to the effect that the Department of Agricultural Credit would be prepared to make loans available at a subsidized interest rate of 5 per cent for the purpose of forestry. What the ordinary forester needs is not that his industry should be linked up with another department, but that he should be able to seek his welfare and protection with the Department of Forestry. He wants to feel if he has furnished his product, be it small or large, that he will have the necessary protection and that he will have a rightful share in the available market pro rata the quantity of trees he has planted. In reality the wattle bark industry has collapsed, because only one-sixth of the mature trees can be marketed today at—this I do concede—a relative high price. There must be about 200 acres of these trees for a basic quota of say 70 tons.
When this is calculated on a 12-year cycle, one finds that the land yield on that basis is only about R10 per year per acre. It is so very little that one can virtually do better with a crop failure on a cash crop basis than with afforestation, particularly with respect to wattle bark. The market is so sensitive that during the 1965 to 1968 period people withdrew themselves from the wattle bark industry. As a result of the problems that developed in the marketing of bark about 97,538 acres were withdrawn from the industry. As we all know there was also an investigation in this connection, and an Act was placed on the Statute Book. Provision was, however, only made for the bark and not for the timber of those wattle bark trees. It is with pleasure that I can mention that during the past year or so a station and three co-operative undertakings were established that handle the timber that constitutes the waste product of the wattle bark industry. The timber furnished by this industry is about three times as much as the bark. This wood can serve a useful purpose.
The hon. member for Mooi River said that we should not consider the timber from these trees as part of a plantation. I have already mentioned that there is now a good market for the sale of wattle bark tree splinters to Japan at very profitable prices. However, things are not yet in order in the wattle bark industry, and I do not want to go into the reasons for that at this stage. We shall probably get an opportunity to do so at a later stage. These facts, however, are contributing to the decline of this industry.
What is interesting is that the timber producer pays a tremendous amount for the transportation of his product. For its weight, this timber is a relatively cheap product to transport. With the recent oppressive drought it was found, however, that the transportation of livestock and fodder to the drought-stricken areas enjoyed precedence. I do not want to complain about that, because I think it should be done again if it is necessary. However, the fact remains that at the time there were many trees that had already been chopped down and were ready for the market. Those trees are marketed with a certain moisture content. As a result of the fact that this product could not be transported immediately, because it does not decay very easily, some of those farmers suffered a loss of up to 70 per cent on the weight of their product in other words the farmer lost this percentage on his total crop. Because something like this could happen again it is absolutely necessary for the State to intervene in granting assistance.
It is not only a problem of rail transportation, it is also one of labour and education. We know that with the approval of the Treasury a small amount is made available in the Revenue Account for timber research. With a view to the future, and with a view to the education of the farmer—which is not inadequate at present, but which could be undertaken on a much larger scale—we should like to see a greater amount voted. We notice that in the Estimates for the year 1970-’71 only R16,690,000 was voted for the entire forestry industry. Sir, an amount larger than R16,690,000 is surely necessary for an industry that saves the State about R30 million per year in foreign exchange. In respect of that amount we therefore want to ask that thought be given in the future to making provision for the farmer so that the loans mentioned by the member who moved the motion can become a reality.
The hon. member for Mooi River made an allegation here that I cannot let pass, i.e. that the Natal Parks Boards had conducted a survey and found that the water in the lakes decreased as a result of afforestation. I just want to say that I cannot altogether accept this as an authentic conclusion based on a very scientific investigation, because the Department of Forestry, which now has the Department of Water Affairs as its sister organization, will surely not devour its sister organization’s food so that it will starve. This survey was done during a period of serious drought, and that is why I believe that that water was not sucked up by the trees, but by the aeration of the soil it had to penetrate in order to reach those lakes. I want to suggest that before one makes such a statement and blames the Department one should first delve into the matter scientifically. As far as I know pine trees are planted in that area, and we know that the pine tree uses very little water. The great consumers of water are the bluegum trees or the saligna species. We also know that there are only certain areas in which they can be planted, and we know that with the co-operation of Water Affairs the planting of those trees next to streams, were these streams would be drained as a result of the greater water consumption of that specific forestry product, would not be allowed.
Mr. Speaker, I want to conclude by promising my wholehearted support to this motion, and I want to express the hope that with the competent staff that he has, the Minister will take up the cudgels for us and ensure that, in the first place, we encourage the small foresters by investigating the marketing channels, for example, and by eliminating the doubts that exist for the general producer and the farmer. Whether a Government department is involved or not. I nevertheless think it is still necessary for a comprehensive investigation to be undertaken specifically in relation to the question of marketing, not as a part of a larger whole, but separately. Therefore, Sir, it is a great honour for me to second this motion formally.
The Secretary for Forestry, Mr. H. L. Malherbe, said in his report for 1968-’69—
This is an outstanding achievement, Sir, and I want to congratulate the Department of Forestry and all timber producers on that achievement. In the presidential address to the South African Institute of Forestry in May, 1970, Mr. D. P. Ackerman pointed out that 20 years ago South Africa used 80 million cubic feet of home-produced timber as compared with 285 million cubic feet in 1969, excluding firewood. This represents a growth rate of 6 per cent a year, which is about three times as high as the population increase over the same period. If the annual growth of 6 per cent is projected until the end of the century it would mean a consumption of 1,500 million cubic feet a year, a taxing production figure for South Africa with its limited forestry potential. According to the annual reports of anticipated consumption and requirements of timber sawmills, pulp and paper manufacturers, plywood factories, the mining industry and other important consumers, our demand is increasing by more than the 6 per cent which is used in this projection. The anticipated increase in the consumption of timber will be 8 per cent per year over the next three years and after that even more. This is a tremendous challenge to the timber producers of South Africa to keep up with the country’s timber requirements. Wood has become one of the characteristic world-wide raw materials of civilization. It produces food for man and beast. It has already become the second most important source of textile fibres. Wood clothes a large section of the population with artificial fibres, such as rayon. As a building material it provides a variety of products, such as plywood and plates, plastics and resins which can satisfy countless engineering requirements. Wood provides the tables on which we eat, the chairs on which we sit, the beds on which we sleep and even the coffins in which we are buried. There is a large shortage of wood for furniture in South Africa. We cannot meet a third of our requirements, in spite of the fact that we possess a large variety of indigenous precious woods like white alder, yellowwood, wild olive wood, tamboti, assegaai wood and stinkwood, to mention just a few of our varieties of wood. The prices continue rising and the good, dark, hard, mature wood is virtually unobtainable. Some articles of furniture made of stinkwood have more than doubled in price over the past three years at the furniture manufacturers of George and Knysna, in spite of the fact that they are made of the soft, white, young wood which is not of the best. Fortunately, foreign varieties which do well here, have filled this gap to a certain extent, in that they grow faster, and they also help to satisfy the requirements as the result of the fact that they germinate by themselves in our indigenous forests. In this respect I am thinking especially of blackwood, from Australia, Acacia melanoxylon, which germinates and develops in the natural forests among our indigenous trees. I should like to see us propagating and planting our indigenous precious-wood trees far more actively by means of seeds and cuttings, especially where they occurred previously and have now been destroyed, and also to replace trees which have been chopped down for furniture timber. I realize it is a long-term investment, but we must put back what we have exploited. We owe it to posterity. The problem is, however, that we do not quite know how to propagate our indigenous trees effectively. We do not know whether it is best to propagate them by means of seed, cuttings or young plants. I know germination tests are being done on stinkwood seeds at the University of Stellenbosch. These were only started very recently, but are being carried out on a large scale, also at the experimental nursery at Saasveld. What is required, Sir, is that we carry out research, planning and the application of the necessary programme based on that, far more actively and positively. I realize that a large shortage of staff and workers is having a very restrictive effect on that programme. Everywhere in the 1968-’69 report of the Department of Forestry one reads of staff shortages. It is pointed out that the fixed establishment has shown an annual decrease since 1965. In 1968-’69 78 posts were abolished. It is stated that although there is a great need for professional officers, posts in the professional division are created only as staff becomes available. In other words, almost no expansion can take place. In that year the Department was in the fortunate position that 12 posts could be created in that division. This is quite inadequate for the tremendous expansion which lies ahead and the challenge which we will have to face. In my opinion, more use should be made of non-White and Bantu labour in the Department of Forestry, for example as operators and tractor drivers, especially in these extensive areas. In the interests of the country, I hope the Department of Forestry will be able to solve these problems. I therefore find it a pleasure to support this motion.
I want to join in expressing appreciation towards the hon. member who introduced this motion for the valuable contribution he and other speakers made in connection with a very important facet which I, and I take it all of us, consider it to be a very important facet of our agricultural industry. It is indeed refreshing to find that we have been able to discuss in such a particularly good-natured way, a component part of agriculture, a component part which is of great importance, a facet of this nature in the field of agriculture, a field with so many bottlenecks and problems and with which we have been so closely concerned during the past few years. I am grateful that this is so, because this aspect of agriculture one indeed finds inspiring, it is one of the noble aspects of agriculture and it is a very important component part of agriculture. For the past five years the growth rate in respect of forestry has remained constant at 6 per cent. This indicates that we are dealing with an industry, the growth rate of which is higher today than our national growth rate. The expected growth rate in respect of timber as such for the future is expected to be 4.5 per cent and 7 per cent in respect of paper wood or pulp. This still gives an average growth rate of 5.75 per cent. Furthermore, if one considers the fact that the total yield of the industry amounts to the round sum of R340 million, and that an additional amount of R30 million is earned from the export of timber and by-products, it becomes clear why it is such an important part of our agricultural industry. But this is not only important because of its monetary yield. It is very important for us in South Africa because of our own requirements which exist at present and which are gradually increasing and as they will be at the turn of the century.
Sir, when you look at the map of South Africa—and I have here a map of South Africa on which those parts suitable for forestry are indicated—you will see a number of black spots on this map indicating which parts of the country are suitable for forestry only. And if I show you this map, Sir, you will see that it is not the Bantu homelands which are shown here, but those parts which can be used only for afforestation. The position is that only a very small part of our country, and that includes an area such as Swaziland, approximately .83 per cent of the surface area of South Africa is suitable for afforestation purposes. Let us consider the position as it exists at present. At the end of the year 1969 we had a total area of approximately 2.5 million acres under afforestation, approximately 1.3 million of which consisted of conifers and approximately 1.2 million of other kinds of trees. When comparing this with the fact that approximately 126,000 acres have been under afforestation since the year 1960, it is clear that the area under afforestation remained virtually constant during these years and that hardly any appreciable expansion has taken place during this period. Bearing in mind, also, that our local consumption of timber in the year 2000, at the turn of this century, is expected to amount to approximately 1,000 million cubic feet, which we shall be able to derive from the yield of 4.6 million acres under afforestation, while we only have a surface area of 2.5 million acres under afforestation at present, this is proof that we are heading for an enormous shortage of timber in this country at the turn of the century. In addition, when analysing the existing afforestation, there is this additional fact that we are not going to have a constant supply because there is a discrepancy in these afforestations. They will only be available after a certain number of years and the fact of the matter is that we are not going to have a progressive supply in this connection. In order to be able to cope with this situation, it is obvious that we will have to plant more trees in this country during the next 15 years. If we want to cope with this situation we will have to plant at least 670,000 acres of conifers and 700,000 acres of other kinds of trees in future. We have already fallen behind with this programme to the extent where we have a backlog of 500,000 conifers and 240,000 other trees. Sir, this position can continue until 1980, but after that the position will definitely become chronic. Considering the additional fact that trees will probably have to be cut prematurely, owing to this shortage and expected shortage, it is evident that we will have to do something to cope with the situation. Afforestation will have to be expedited to the extent where we are self-sufficient. To do this, the State will have to act in co-ordination with the private sector. Available land will also have to be acquired for this purpose. It is interesting to note that the afforestation carried out by the State at this stage represents approximately 31 per cent of the total afforestation, while the private sector is responsible for approximately 69 per cent of the afforestation. As previous speakers said, the State and the private sector now have an opportunity, in the interests of this industry and in the interests of our country, to conclude a partnership which can be of great benefit to all of us. Each of these partners will be able to make a great contribution.
It is true that it will not be easy to establish something of this nature. It is also a fact that we are going to experience some bottlenecks in this regard in future, bottlenecks we will have to overcome. The first aspect is something which has already been dealt with in detail, that is the stabilization of the price level, so that when the producer, who is expected to produce on a long-term basis, fells and supplies his product at the end of a period, he will receive a price which is profitable for him. It should be borne in mind that, in order to be able to do this, that price will have to be determined in advance because we expect these producers to tackle a project now in respect of which they will only be able to reap the benefits after a period of 15 to 25 years has elapsed. This is a life-task for the producer. It is this price which is going to determine whether that life-task of the producer is going to be a total failure or not. He must be able to regard the project as an investment, in respect of which he will be able to make a profit at the end of that period. For that reason all these are aspects which will have to be borne in mind.
There is also, for example, the increase in the value of land over such a period of 10, 20 or 25 years, something which will also have to be borne in mind. This is a capital appreciation which will have to be taken into account, because the producer must know to what extent it will be profitable for him to utilize land for this purpose now, in the year 1971. We must remember that the value of land the market price of which is, for example, R60 or R100 per morgen at the present time, will, under normal instances, cost three times as much in 20 years’ time. These are factors which a producer or an entrepreneur entering this industry should bear in mind, and in respect of which some assurance should be given him even at this stage. This assurance must be given not so much in the case of the large entrepreneur, but particularly in the case of the smaller man who has to decide now to whether he wants to stake everything he has on this particular undertaking. One has to bear in mind the question of interest rates. One also has to bear in mind the cost increase which may arise at one stage or other.
For that reason it is essential that there should be constant and systematic contact between the Government, which is also active in this sphere, and the producer. This is essential so that it can be determined in a scientific way what the position is and what the position will be after this period has elapsed. It is a fact that there has recently been a sudden and sharp increase in the price of pulp wood, and I think that the farmer and the producer welcomed this. However, this is already a danger sign, which means that there is a shortage even in this field, particularly because pulp is actually a secondary product. In fact, this also creates a discrepancy, as matters stand at present, between the market prices of the pulp wood and the pulp as it stands and that of other kinds of wood. In fact, the position has degenerated, if one may use that term, to such an extent that the market price of the pulp and of the pulp wood is higher than the accepted price for good quality timber. This creates a discrepancy. For that reason I want to associate myself with the ideas expressed on the fixing and the stabilization of prices and the prevention of opportunistic tendencies. It is essential that the Department consult with the private sector even at this early stage. I agree with the hon. member for Mooi River that it is a sensible idea to consult the private sector because they have also been actively engaged in the industry on a large scale over a period of many years. I also agree that they know what the real position is in this regard.
It is a fact that the major bottleneck is the shortage of available land for this purpose. To my mind this should be attributed to the excessive demand for agricultural land, seen against the background of the drought-afflicted areas of the country. As a result of this, it is only a natural phenomenon that there should be an influx to these areas for agricultural purposes, these areas which have such a great potential for afforestation. This is the reason for the large-scale buying up of land by people who want to use this land for agricultural purposes, for grazing and so forth. This land, is therefore, almost automatically withdrawn from forestry and future afforestation. For that reason I also want to support the idea that, in view of this, certain parts of this land should be made available for afforestation purposes by means of departmental action. Our position is being prejudiced even now. I am thinking particularly of the fact mentioned by the hon. member for Vryheid, which is that there is virtually no market for wattle bark. Where approximately 900,000 acres were available for this purpose previously, approximately only 400,000 acres are available today. Actually, this is not really 400,000 acres, because in my experience when the producer applies for his annual quota, the area he replants is actually less than what he claims to have replanted—I would not say he is making a misrepresentation—bearing in mind the fact that quotas are reduced. At present it amounts to only 64 per cent of the basic quota. In the present season the quota has once again been reduced by 14 per cent. This the producer does in an attempt to retain a consistent quota. I think this is a position we should bear in mind.
In the short time I still have at my disposal, I want to say that we will have to devise ways and means of remedying this position. I want to suggest what has already been proposed, and that is that we should make liberal use of available State-owned land for this purpose. I am aware of the fact that there is still land available in the Eastern Transvaal and other parts of the country. I want to advance a plea that we should incorporate into the ordinary agricultural industry, the areas in the Eastern Transvaal in particular and possibly those in the Natal which are suitable for this type of industry, and where 38 per cent of afforestation takes place. In this connection I should like to point out to the hon. the Minister that large consortiums of companies have already purchased enormous stretches of land in these regions, particularly for this purpose. They are undertaking afforestation there. This will not detract from the production of timber, but this is taking the position completely out of the hands of the small producer. If this situation should continue, the entire industry is going to fall into the hands of the large companies at the expense of the small grower, who will have to forgo all advantages in this connection. A rather disturbing factor, particularly in this regard, is the fact that an enormous amount of capital is being spent by overseas companies and that the industry is being taken from us in this way.
In conclusion, I would like to make a suggestion. When assistance is being rendered, it may be considered whether this should not be rendered on the same basis on which some of these companies render this assistance, and that is that a producer is subsidized or assisted to some extent, and that he is paid on a gradual basis over a period as his trees develop. In other words, he is paid on an instalment basis. The system operates in such a way that it becomes progressively more as his trees develop. He then receives the total amount over a period of time. In the meantime he is being profitably compensated.
Mr. Speaker, this afternoon we are discussing a matter which is near to the heart of every nature-lover. Now, we are in the fortunate position that we have a Minister—I am not saying this without any cause, nor is it my intention to give him an uncalled-for pat on the back—who possesses the qualities which can make him a good Minister of Forestry, i.e. those of being attuned to and living with nature, like a person wandering about in a plantation. What is more pleasant than that cool breeze that caresses one’s cheeks in a plantation? It can be likened to the caressing effect on the Gulf Stream which, coming from the Atlantic Ocean, washes up against the European shores. Take away the Gulf Stream, and Europe will rigidify into a desert of ice. The same applies to the cool breeze in a plantation. I know of no moment when, wandering about in a plantation with that cool breeze wafting against one’s face, one is not inspired with a new lust for life. But that is not all. When one wanders about in a plantation and sees the sign and symbol of growth, that sight must have a beneficial effect on one’s mind. It is symbolic of growth. The lifeless plant that cannot talk or reason, is an example to mankind. It grows. These towering trees, each of which is rivalling the others in thrusting up its top so as to catch the rays of the sun, are an incentive to every fallible human being to rise higher and higher, to grow, to reach the top, to practise excelsior in the true sense of the word.
This is not only a symbol of growth, but inherently it also contains one of the components of growth, i.e. competition. Nowhere do I find a finer example of the spirit of good competition on a sound basis than I do whenever I wander about in a plantation and see how those trees compete against one another in order to tower over the others. All of them compete to reach the light above. And when one has wandered about in such a plantation, felt the cool breeze wafting against one’s cheeks, accepted the symbolism of growth and seen the value of competition, one says, “Here something is growing out of the earth which is an asset to our country”. Without words, without fuss, without self-glorification the tree grows as an asset to our country. There is not only money in trees; there is no product and no commodity in the world which is as much of a cultural product as timber is. People hunt after it. The older it gets, the higher the prices they pay for it. It is the true antique. No cultural product manufactured on earth is as precious and desirable as a product manufactured out of wood. It grows out of our earth without words. Silently an asset is growing.
It grows not only as a cultural asset, but also as an economic asset. Just cast an eye over this House in which we are sitting. I have very often asked myself this question: What could have made this House more attractive and dignified than in fact these wooden panels? Nothing on earth. One could get the shiniest stainless steel on earth, one could get the purest gold to replace the wood. Gold only sparkles when it lies there in solitude and in its exclusiveness, like that mace. But mount this chamber with gold, and gold will lose its value. There is only one thing, i.e. wood which grows out of the earth, which gives us this everlasting value when we look at it. And every day it becomes more attractive. Visit a beautiful building, visit a State building, visit a private residence, and the wood used in those buildings, wood which has grown out of the earth, without words, without human hands helping it to grow, holds an eternal value and an eternal message for us. I want to congratulate the proposer of this motion on having proposed this motion by means of which he touched upon one of the products which grows out of our earth and which can be of the greatest value to us as civilized people and to our descendants.
Having said that, I want to deal with what holds good in practice today. This is not the fault of the hon. the Minister, nor is it the fault of the U.P.; it is our people who are to blame. It is the fault of the generations of the past who did not have any appreciation for what was deserving of appreciation and granted us by the Creator. We merely regarded all of it as being secondary. Over the years the Department of Forestry has merely been regarded as a kind of appendix. Now that we see our natural forests being laid waste by the roads, the cities, the towns and the tractors, we are beginning to realize what is happening and to develop a sense of values. When, a short while ago, a farmer in the Northern Cape destroyed 3,000 morgen of natural forest so as to make room for maize, where maize should never have been planted, we saw before our own eyes an act of destruction committed by man. What was the result? A sand desert was created there. Apart from the cultural value of afforestation and the development of our forestry industry, this industry can also be a source of great economic value to us. Where are our bottlenecks on this level of the economic value of our forestry industry? I want to repeat that this is not the fault of the hon. the Minister, but that of previous generations. We did not pay enough attention to this matter. I want to pay the hon. the Minister the compliment that he appreciates the value of our forestry. The proposer of this motion also means it well. I want to deal with these bottlenecks that are to be found on the economic level, and I am going to do so in three parts.
In the first place, I think that we can pay attention to the production of timber. I am thinking of natural and planted forests. The major reason for there being so much neglect and frustration amongst farmers in regard to the planting of trees, is that production is being approached wrongly. People are using millions of gallons of water every year for watering trees which have no economic value. I am thinking, for instance, of a few peach trees, a little apple tree, a pomegranate tree, a cypress tree, a pepper tree or a bluegum tree. In this way millions of gallons of water are going to waste because of the cultivation of uneconomic kinds of trees in South Africa. I am speaking the truth now. As far as the production of timber is concerned, we must necessarily make a re-assessment on that level. In the second place, I think that we should make a re-assessment of the production areas. Now, the technicians and scientists are telling us that we are to determine our production areas according to the rainfall. With all due respect for science, I want to say that there is something else beyond the boundaries of science, i.e. what is possible through practical experience and actual practice. I want to say today that we can, with honest intentions, make a sound re-assessment of areas where we can plant more trees and forests which can be of economic value to South Africa. I honestly think that we need a re-assessment as regards the marketing of our timber. Mr. Speaker, I have here 49 letters written to a small-scale timber producer, 49 letters in which he was asked to quote prices for timber which he produces and markets. He told me that he had sent his price list to each of these 49 people who had applied, and that he had not received any reaction. He subsequently inquired into the matter in order to find out whether his prices were too high or whether his quality was unsatisfactory. It took him months to complete his inquiry, and he found out that the large moneyed enterprises—which these people, as one can appreciate, also asked for prices—completely under-quoted him at prices at which they must have made a loss, merely to oust him from the market. Sir, our marketing system is the greatest handicap to the small-scale producer or the individual producer who wants to concentrate on the part-time planting of forests or kinds of trees for economic purposes. The marketing system causes frustration. I want to appeal to the Minister today that serious attention be given to this marketing problem. I believe—and here I differ with my hon. colleagues—that it will not be necessary to help individual producers financially if each of them obtains a rightful share in the marketing system in South Africa. We have a shortage of timber; there is a major demand for poles and there is a major demand for furniture timber, etc., of which we have a shortage. But the small-scale producer who is already in production, does not have a rightful share, on the grounds of a legion of factors, in the marketing potential in South Africa, and because he does not have that, the prospective producer does not have the courage to enter into the field of timber production. There is a general marketing frustration. Sir, I know the hon. the Minister means it well; I know that we have a good Minister. I want to ask him kindly to eliminate these bottlenecks, for by doing that other channels will be opened up, initiative will be initiated, and every forester in South Africa, no matter how small he may be, will be placed in a position to bargain with the major moneyed forces.
Mr. Speaker, it seems to me, with reference to this debate up to now, that this year we are going to have a very interesting discussion on the Forestry Vote. In their arguments and representations the hon. members who took part in this debate, concentrated on the important point which is at issue in this motion, i.e. that positive steps should be considered to make the country as self-sufficient as possible as far as its timber requirements are concerned by undertaking State afforestation on a more extensive scale, and that the private sector should be granted financial assistance in this regard. I am grateful that the hon. member for Humansdorp came forward with this motion, because I believe that it is essential for us to face the timber situation of South Africa at some time or other. Hon. members who took part in this debate today, mentioned quite a number of related problems. In the time at my disposal it will unfortunately be impossible for me to touch upon all of these problems. But I believe that we should be afforded an opportunity for considering those problems with which we cannot deal today. Before we come to the Forestry Vote I want to say that, even if hon. members who touched upon certain matters here today were not to raise them again on that occasion. I shall make a point of reading their speeches and replying on that occasion to the points which were mentioned here and which, to my mind, are of great importance. The hon. member who introduced this motion, tried to give an indication of the problem as it developed, and he also quoted figures. The hon. member for Mooi River added a different angle, and I know he also spoke about it previously, i.e. the contribution which the small forester can make in the provision of timber in South Africa. In a moment I shall come back to this and say something about it.
The hon. member for Ermelo made a very valuable contribution. He gave a survey of the situation, expressed in figures, and he also sounded a warning about an equally important matter, which we have also discussed in this House, i.e. the situation in which the small forester is going to land if the development takes place in such a manner that it will become more and more difficult for him to survive. The hon. member for Carletonville also came back again to a point which he has made before, but everything deals with the concern in the minds of all of us, outside this House as well, about what the position is going to be years from now, since we know that the demand for timber is growing at a very high tempo but that it is difficult to visualize how South Africa will be able to keep pace with the provision at such a tempo. For that reason I think that in replying to the hon. members, I should once again present a picture of how this development has taken place and how I consider we should view it at the present moment.
You will know, Sir, that the State has from time to time laid down its policy in regard to afforestation in general, and that it has from time to time made calculations of what the situation should be. The first calculation which was made by the State and on the basis of which it did in fact give an indication of the tempo at which afforestation had to take place in South Africa, was made in the early thirties. At that stage, in the light we had at the time, and in the light of the faith we then had in the future, we thought that it would be more than adequate for South Africa if it were afforested at a tempo of 6,500 hectares a year for the next 25 years as from that moment. But within 10 years after that, it had to review the situation, and at that time it decided that the tempo at which it had to cause afforestation to take place, was not to be 6,500 hectares a year but at least 14,500 hectares for the next 25 years. In the early sixties we took another look at the picture, and at that stage, with the experience we had gained by the time, it was already very clear that certain facts were not at our disposal when we followed the old method of making surveys. But even at that stage people were anxious for us to indicate in our forestry legislation a course along which it would be possible to deal more effectively with the coming situation, and in 1968 that legislation was in fact introduced here and today references were also made to that legislation. This legislation provided that surveys of the situation had to be made on a continuous basis, that they had to be kept up to date, that they had to be at the disposal of the Department of Forestry and that it had to adapt those facts in regard to the situation as it existed and project them into the future so that they might be available to the whole industry and to the whole country and also to the Government, so that we may know in what direction we are moving.
Subsequently the first surveys were made in 1969—the other day. Out of what emerged as a result of those surveys, we now know, in the first place, that we have already landed in a situation where we now have to plan rapidly since we are faced with major shortages in the future. Although we can, with the facts at our disposal, draw such a conclusion and also put it beyond all doubt, it is, in view of the refinement which will be brought about by means of the analysis, still not quite clear at this moment, but it will be clear soon, what these shortages and the nuances thereof will be, within this general situation of shortages. What is involved here, is sites for plantations, quantities, quality and the demand which is going to emerge in the various parts of the processing sector. In other words, in this vast industry we must give these projections to everybody who is involved in the processing of the product, and the State must, on its own and with outside assistance, try to keep up to date. Therefore, we know that we are going to have a major shortage. When the hon. member for Humansdorp made a calculation of the present situation, and also of the future position as he sees it, he was probably making us of figures he had obtained from the private sector, figures relating to the quantities being sold at present as well as the unsold parts of our timber production. On that basis he proceeded to draw the conclusion which he expressed here in figures today.
I want to tell the hon. member that it is dangerous to draw such a conclusion on the basis of a set of figures for one single year. It is also dangerous to add up the sales figures and the figures in respect of the present available supplies and then to draw a conclusion on that basis. We prefer to multiply the area planted by the growth per unit—for instance, the growth per acre or the growth per morgen—and then to obtain a projection for the future. If that is done, the position looks somewhat better than the one he visualizes. However, I must admit that even then it does not look good. We believe that a shortage is going to develop in the next 15 years’ time, and that we shall have to make provision for it, but we also believe that we shall at least be in the position soon to study the matter in greater detail and to plan accordingly.
In talking about a situation which is in the process of developing, we must determine from what direction a rectification is going to be forthcoming. That rectification must be a rectification of possible shortages in the future. That rectification can be forthcoming from either of two directions. It can only come about as a result of the planting of new resources, or as a result of imports. As far as new resources are concerned, we should have regard to the fact that new resources also imply increased competition for the water supplies of South Africa. Therefore, a limiting factor is already implied in that solution. As far as possible imports are concerned, we must have regard to a world situation in which timber is also going to become scarce and expensive. It may also become more difficult for us to obtain supplies. However, the possibility of imports from our neighbouring states may also be kept in mind. Here we are thinking of Swaziland, for instance. Swaziland, with its supplies, is supplementing our supplies, and there is fairly free access to South Africa within certain limits. As far as the future is concerned, we shall therefore have to correlate our own situation with that of Swaziland, the Transkei and other areas as well. I myself do not see anything wrong in our becoming much more closely integrated with each other as far as timber supplies are concerned. To my mind this is a sphere in which it will be possible for us to co-operate very well with each other in the future.
We are dealing here with an industry which, because of certain very important reasons, is of the greatest importance to us. In the first place, we must bear in mind that forestry in South Africa is a strategic industry. It has become absolutely strategic, and it will always remain so. In the second place, we must bear in mind that forestry in South Africa, particularly as regards the development of the allied secondary industries, has become a giant, and that there are a very large number of industries which have been integrated with it. It may interest the House if I pointed out that in forestry the value of the available raw material will have increased tenfold by the time the product eventually appears in its final form. In other words, this is an industry which generates economic development in itself. There are few industries of which it can be said that their raw materials are responsible for a tenfold increase of the contribution to the country’s economy. The industry is, therefore, a very important one. It is also an extremely important industry to us because the timber industry is a self-generating one. Its raw materials and resources cannot be exhausted; they are continuously being replaced. If this is compared with the mining industry, we must bear in mind that investment in forestry does not mean an investment until it has been exhausted, as a mine is exhausted. It is an investment and an industry which will be available for all time to come. It generates itself. It is, therefore, an extremely important industry.
In the specific situation of South Africa forestry is very important because it is so labour-intensive. It is an industry which lends itself so easily to providing many people in South Africa with a means of gaining a livelihood. At the moment hundreds of thousands of people are working in the forestry industry in South Africa. For these reasons it is an industry which is sufficiently important to be treated in the national economy with such respect and importance as are necessary and are its due. But the key question is: Where are those trees, which South Africa will need in the future, to be planted? In a country such as South Africa there is keen competition and various factors making it extremely difficult to take a decision in this regard. For that reason we shall have to consider the factors involved here. In the first place, the physical circumstances of the site itself, i.e. the place where the trees are to grow, are extremely important. I say this because two things are needed in the production of timber, i.e. soil and water. As far as water is concerned, we are already in a position which involves our having to be very careful. We do have at our disposal extensive catchment areas, where there is a high rainfall. We need at least 800 mm or 32 inches of rain per year for our forests to yield a good production. Suitable areas in South Africa, areas with a rainfall higher than this, are not so plentiful. In these high rainfall areas there are parts which are not suitable for forestry. It may be the topography, climate, or soil depth is not suitable. There are, in addition, other factors which may render such areas unsuitable for afforestation. Those areas are the natural water conservation areas. Such areas will be protected and administered by the Department of Forestry as catchment areas for supplying the country with water.
But there are also other areas which have major water supplies and in respect of which the Department of Forestry has to take great care not to allow unrestricted development. These are areas in which large quantities of water are available but in which large, established communities have already developed or in which the water resources are required for sustaining large and important communities. In such cases it is in the national interest that the water supply be given priority over the production of timber. As far as the soil is concerned, there is competition, too. We must produce food. We must also produce raw materials other than food. One of the hon. members, I think it was the hon. member for Mooi River, referred to this aspect. I want to tell him that we can do no other than regard forestry as forming part of the agricultural sector; it occupies a legitimate place in the agricultural sector. As far as our basic supplies are concerned, I believe that all the supplies which are not required for the essential production of food, could be afforested in competition with any other product which could be exported or which could be consumed domestically. We must therefore acknowledge that there has to be a niche for forestry within the limits imposed by soil and water and the right to give, within the broad requirements of the country as a whole, top priority to those production factors which are nearest and most important to it, such as water.
Having looked at the physical circumstances, we may also look at the general circumstances in regard to forestry. It is not so easy to make a projection in regard to the production of timber. This is true, for there are two important requirements for proper forestry. In the first place, a good soil-depth must be available and furthermore it requires all the physical qualities that should be associated with it. Without great prolixity I want to tell the hon. members that if we look at South Africa, it seems to us that the parts to which we are to look in the future for the production of timber, are the foothills of our mountainous areas. The foothills have the soil depth and, what is more, that soil, as far as its chemical composition is concerned, probably lends itself easily to the production of forestry products, much rather than to the production of other agricultural products. I am thinking of the foothills of the Drakensberg mountain range. But we should also take a look at the parts along our coastline where forestry would be the smallest consumer of water. If we look at the map of South Africa, it seems to me as though we should look to the eastern parts of our country, parts situated along the foothills of the mountains, and to the coastal areas of the Eastern Cape, Natal and Zululand for further forestry expansion. It is also likely that there are other areas where we can expand this industry, but I think that these areas are the areas we should consider.
Once we have looked at the natural circumstances, there are still the economic circumstances which have to be assessed by us in looking for new areas for the forestry industry. We should note that it is also possible for the forestry industry to fit into the pattern of our decentralization policy and our border development policy. It is an industry which lends itself to creating permanent growth points in those parts where the people are who have to be employed. In this sense the forestry industry is a key industry in South Africa. Although we are in the future not going to couple our decentralization policy with the forestry development alone, it can play a major part in the development of the future. In the second place, there is another economic factor which has to be considered. This factor is that our large industrial complexes, our existing large factories and all our factories which use timber products, are not always properly situated in South Africa. There are a number of them which are in economic difficulties in view of the fact that in regard to their location in respect of transport, proximity to markets and proximity to raw materials they cannot always compete economically with other factories in the industry. In other words, in future we shall have to take good care that the development takes place where the sound and the obvious growth factors for economic development are available, and where it fits into the broad pattern. In developing the industry, we shall also have to consider the fact that in certain parts of our country there is scattered development of quite a number of smaller farmers, who, by virtue of the fact that their farms are situated wrongly and scattered to that extent, cannot make an economic living either. In other words, if we are looking for development, we shall have to do either of two things. We shall have to consolidate these areas and develop and plan them together with those which are already in existence, or we shall have to remove the existing plantations and establish them where they will comply with the best and primary norms of economic viability. We must, in other words, have regard to all of these factors. Therefore, you can see, Sir, that it is not so easy to talk about the general afforestation policy, for we have to contend with the competition of water, soil and the factors of economic viability, which have already become established. We also have to contend with the factors of economic viability which are going to emerge once we have made a start. In other words, to look at the picture of South Africa as far as afforestation is concerned, implies an intensive study. It means that we have to look at it on a broad, planned basis, so that we may now lay the foundations for the development which has to come and not only prevent the catastrophes foreshadowed by hon. gentlemen who spoke here today, but also ensure that the road leading to the target will be as smooth as possible.
Now I want to tell hon. members that forestry in South Africa has become one of the major industries, one of the giants. I do not wish to repeat figures that were mentioned here earlier on today, but I want to tell hon. members, with reference to what I mentioned to them a moment ago, that forestry is an industry which, from its raw materials, generates a tenfold increase of economic development. I want to add that if we had to be deprived of that development which exists in South Africa at the moment and if, in the place of all those raw materials and what goes hand in hand with them we had to import in order to have in South Africa the same development which is being coupled with the forestry industry today, it would mean, if we were to convert it and project it for the next ten years, that South Africa would from now until ten years from now have to import a minimum of R4,000 million, an amount which would have had to be made available in terms of foreign exchange. Hon. members can therefore see that this industry means a tremendously great deal to the economy of South Africa. If hon. members consider that for the year that lies ahead we would have to raise extra foreign exchange at an average of R400 million a year in order to replace all the products and related products which would not have been there if we did not have the forestry industry, they can make a calculation of what this means for the economy of South Africa. Since I consider it to be of such urgent importance that we should now obtain the picture of development for the future, that we should obtain the co-ordination of all bodies and persons to co-operate in order that that projection may not only be seen, but also to stimulate development into the direction it has to take so that the right steps may be taken in good time, I have decided—and I take pleasure in announcing this—to appoint an inter-departmental committee for the purpose of indicating priority areas for afforestation in South Africa. The terms of reference of this committee are to inquire into and to report and make recommendations on every aspect of the Republic’s present and future timber requirements and how they can be met, with special reference to the following aspects—
- 1. The available timber resources and the present requirements in respect of timber and timber derivatives;
- 2. The trend in regard to the future timber requirements of the country, the determination, on this basis, of the surface area which will be required for timber production in order to keep pace with these requirements;
- 3. The role that can be played by neighbouring states and Bantu homeland areas by way of supplementing the future timber requirements of the Republic, and the desirability of integrating, on a planned basis, the yields from these timber resources with the local timber production;
- 4. The determination of the areas where afforestation should be allowed and encouraged, having regard to the following: (i) that the natural production factors of climate and soil ought to be such that they will justify afforestation on a commercial scale; (ii) that any recommended area should be extensive enough to meet at least the present norms of economic units for processing industries; and (iii) that the Water Plan Commission’s recommendations relating to priorities in regard to the utilization of water, will serve as a guide;
- 5. The desirability for the State itself to take the initiative to purchase land and to undertake afforestation within such areas in order to make them economically viable;
- 6. The prices at which land for afforestation purposes may be purchased, regard being had to the progressive increase in land prices; and
- 7. Any other matter which the Committee may encounter in carrying out its investigations and to which it may consider it necessary to pay attention.
Having said that, I want to make a few observations in connection with the whole situation regarding marginal land. If we are only going to look for select land in South Africa and to adopt the attitude that land which is not typically ideal for the production of trees, should not be purchased, I am afraid that we shall probably not obtain sufficient land on which the necessary afforestation can be undertaken. I believe that at this stage we should also proceed to purchasing marginal land, provided that such land is not predominantly marginal, but partly marginal. Furthermore, I want to say that if we were to make a projection of a growth rate of 2 per cent per year for the future and if we have regard to the general world shortage of timber that awaits us and the importance of timber for the South African economy, I think that we should not adopt the attitude which is being adopted so easily and may have been adopted in the past when the State was dealing with a situation, i.e. to judge now what it will cost at current prices to purchase land. But I think we should rather consider what such an investment which is self-generating, an investment which is so labour-intensive, an investment which is making such a major contribution towards stimulating the economy of the country in the future, an investment which, above all, saves us so much foreign exchange, will mean to us. I think we should take all of these things into account and purchase land at current prices, for that land will be much more expensive in the future. In the interests of this development we should acquire that land now so that South Africa may own it in the future, should we require it then. That is why I believe that these terms of reference are correct and good ones. We should also take a close look at the question of the cost of land, and in this respect we should have just as much faith in the future as the Government had way back when it decided to undertake afforestation in South Africa for the first time.
Just like the Orange River scheme.
That hon. member was not even in the House when this motion was introduced, and therefore he does not know what it is about.
That is why I say that in calculating the cost of purchasing such land we should not merely calculate it with regard to the situation as it exists at present. We shall have to make a projection for the future. We know that an investment today will be an investment which will gain more and more value in the future. We shall have to have regard to what such an investment today may mean in the total economy for South Africa for the future. That is why I have great confidence in appointing this committee and why it has been a pleasant privilege to me to be able to announce it.
Debate having continued for 2½ hours, motion lapsed in terms of Standing Order No. 32.
Mr. Speaker, I move the motion standing in my name on page 91 of the Order Paper, as follows—
As hon. members will know, nine years ago almost to the day I introduced a Private Member’s Bill in this House to repeal section 16 of Act No. 23 of 1957. Section 16 is of course the section that governs interracial sex relations, i.e. sex relations across the colour-line, and makes it an offence which on conviction is punishable by a maximum sentence of up to seven years’ imprisonment. I want to say that in most cases this heavy sentence is not imposed. Generally a sentence of six months’ imprisonment is imposed and even this is often suspended. I make no excuse for re-introducing a motion nine years later, a motion which is very much the same as the one I introduced before. A great deal has happened in the world since 1962. Man has reached the moon, for instance. It is just possible that hon. members in this House may have changed their views on this particular question. It is possible that they might have advanced sufficiently in their thinking to re-assess the value of a law which more than almost any other law, just because it is a highly charged emotional issue concerning colour and involving the most intimate of human relations, has brought notoriety and ridicule upon South Africa. Hon. members will have noticed that together with the repeal of section 16 of the Immorality Act I have included in the motion the repeal forthwith the Prohibition of Mixed Marriages Act (Act 55 of 1949). I believe it is consequential to do this. This Act is the one which prohibits marriage between Whites and Non-Whites. I said this in 1962 when I introduced my Private Member’s Bill and the then Minister of Justice, the present Prime Minister, agreed with this proposition. He argued that if he had accepted my Bill to repeal section 16 of the Immorality Act and the Mixed Marriages Act remained on the Statute Book, and I quote him now “the result would be that this House would be placing its stamp of approval on the conduct of unmarried people who give free rein to their carnal pleasures …” he meant across the Colour-line of course … “while denying the right to people to live together in decency as married couples”. The original Minister who introduced the Immorality Act in 1950 also agreed with this when he introduced that as a corollary to the Mixed Marriages Act of 1949. He summed it up very neatly by saying that we would otherwise “be placing a premium on immorality”. That is right and I agree with it. When I introduced my Bill in 1962 I said: “I must obviously advocate the repeal of the Mixed Marriages Act of 1949 because it is quite wrong to make it legally impossible for people to sanctify in marriage, relations which are legally admissible in extra-marital relations.” In other words, it should obviously not be illegal for people to marry when it is legal for them to live together illicitly. Just as section 16 of the Immorality Act was a natural corollary of the Mixed Marriages Act of 1949 so I believe is the repeal of the Mixed Marriages Act a corollary of the repeal of section 16 of the Immorality Act.
I want to say at once that I am not panic-stricken at the thought of a South Africa without the Mixed Marriages Act. Strangely enough, we got along very well indeed before it was passed and I am pretty sure that racial purity would not be endangered after it is repealed. It is not the Mixed Marriages Act that saved White South Africa, as figures show. Less than one per cent of Whites contracted marriages across the Colour-line in 1935. Less than 3 per 1,000 of all races contracted mixed marriages in 1936, according to the report of the Mixed Marriages Commission. In the year before the Act was passed, i.e. in 1948, only seventy mixed marriages were contracted in the whole of South Africa. Sir, does anybody in this House believe that if the Mixed Marriages Act were repealed there would be hundreds of people rushing to the altar to enter into mixed marriages? When one thinks of the consequences of crossing the colour line in South Africa, a White person who enters into a mixed marriage must indeed be utterly committed, I believe, to the non-White partner to contemplate such a step. Apart from the social penalties, which are very great indeed, the laws which have been put on the Statute Book with monotonous regularity ever since the Mixed Marriage Act was passed, bear very heavily indeed on anyone who crosses the colour line from White to Coloured, and even more if he or she crosses the colour line from White to African. The Separate Amenities Act and the Group Areas Act immediately lower their status and privileges. They cannot live in or own property in a White area. They cannot enjoy White amenities together with their spouses. But, Sir, the future implications are much worse—the implications to their children—for the Population Registration Act classifies them forever as second class citizens. It means that they lose their franchise in this House; they get no free and compulsory education; and the disadvantages of job reservation and racial discrimination immediately descend upon them.
I say therefore that by the very nature of things in South Africa, it is highly unlikely that there will be a wild rush to the altar of couples wishing to contract mixed marriages if the House accepts this motion today. I also say that those few couples who are prepared to accept all the grim implications of marriage across the colour line in South Africa must want very much indeed to have an enduring relationship and I say that then it is their business and their business alone. This vicious Act—for it is vicious in many ways—makes absolutely no allowance whatever for enduring relationships across the colour line; I am talking now about the Immorality Act. We have had case after case; we had one case where a White man and a Chinese woman have been living together for 18 years. They have four children, the eldest of whom is 14, and they were charged under the Immorality Act. Then there is the case of the White man and the Coloured girl aged 20 who were married in England in 1967. They had two children and they were convicted in the magistrate’s court in 1969 under the Immorality Act. The conviction was set aside on appeal because the wife was obviously White in appearance. We have this strange definition in this Act. We have many definitions to suit different Acts; we have a chameleon-like quality in South Africa on colour definitions. The wife was classified as Coloured because her birth certificate showed that the parents were mixed. We had the notorious Jacqueson case which resulted in tremendous adverse overseas publicity for South Africa. All of us in this House remember it, Sir. There were columns and columns in the overseas newspapers about the English girl who had married an Indian South African. They came back here and were charged under the Immorality Act.
I anticipate that at some stage during this debate somebody is going to say to me, “Are you in favour of miscegenation?” I am quite sure that this thought has already crossed the minds of many sitting in this House. Sir. my reply to that is that I am no more in favour of miscegenation than members of the Nationalist Party are in favour of immorality that has nothing to do with the mixture of races. Sexual intercourse between unmarried persons of the same race constitutes immorality; adultery constitutes immorality but there are no laws on our Statute Book which make these forms of immorality a crime. Indeed, Sir, until 1927 when the Tielman Roos Act, as it was known, was passed, there was no Union-wide law against sexual relations across the colour line between Whites and Blacks, and until 1950 there was no law at all against sexual relations between White and Coloured persons. That was when the Immorality Act was extended to include all non-White persons and not just sexual relations between White and Black. It might astonish hon. members to know that until 1949 there was no law against mixed marriages in South Africa. There was no machinery for mixed marriages in the Transvaal, but there was no law against the contraction of mixed marriages until 1949. Does one assume that until those dates South Africa was in favour of miscegenation? The old Roman-Dutch law which made adultery a criminal offence was abrogated by disuse long ago in South Africa. The last adultery trial took place in South Africa nearly 60 years ago, in 1914, the case of Green v. Fitzgerald. Prior to that, it was remarked, there had been no criminal prosecutions for adultery in South Africa since 1828. Does this mean, Sir, that for the last 60 to 150 years South Africa has approved of adultery? There is no law against adultery. Illicit sexual relations not across the colour line carry no criminal sanctions either, unless, of course, the girl is under age or mentally retarded. Does this mean that members opposite are in favour of such illicit sexual relations? Of course not.
That is not the aim of the legislation.
Well, then you should call it the Miscegenation Act but in fact it is section 16 of the Immorality Act and it is known as the Immorality Act throughout this country. Sir, what it does mean is that even members opposite realize that there are certain actions which, even though disapproved of and even though they may be an affront to society, ought not to carry criminal sanctions. It is not possible to make every immoral or even undesirable act such as miscegenation a crime. One has to draw the line somewhere and in a case of extra-marital sexual relations and immorality not affecting colour, the line has been drawn in such a way that if the conduct of two people does not really affect society as a whole, their actions are not subject to criminal sanctions. Judge Rose-Innes, in giving judgment in that last adultery case, said—
The case that I am trying to make out now is exactly the same: it applies to immorality across the colour line.
Sir, in the nearly 21 years that the Immorality Act has been on the Statute Book more than 8,485 people have been convicted under section 16; more than twice that number have been charged under section 16. That makes an average of four per working day, every single day. That was the situation last year in particular. Less than half the people charged have been found guilty in almost every year. I might say that there has been a sharp increase in the number of people who have been prosecuted and found guilty since 1957, and that is because in 1957 amendments were introduced into this House that brought attempts or incitement to commit any indecent or immoral act across the colour line within the purview of section 16. That meant that it was considerably broadened in its scope and there were many more prosecutions and many more people were found guilty.
Sir, the hon. member for Bezuidenhout has referred to the Immorality Act as “die kleinste van klein apartheid”, and in the sense in which he used that expression I will not quarrel with it. But to my mind it is one of the cruellest Acts on our Statute Book. Hardly a week goes by without one’s reading sickening reports of the misery and degradation that it has brought to family after family—broken marriages and suicides. The ravages of this measure on human lives can be gauged by a most cursory glance at the newspapers. Hardly a day goes by that one does not pick up a newspaper without coming across some sickening headline. I might say that even acquittal under the Immorality Act means a lasting stigma on the accused. A retired police officer who was acquitted of a charge under the Immorality Act some years ago said, “I would rather be charged with murder”. Sir, will those involved in the Excelsior fiasco ever forget what happened to them? Will they ever be allowed to forget what happened to them? Judge Schreiner remarked some years ago that miscegenation has been elevated into a crime so atrocious as to make all other crimes relatively venial. Let me give the House a few examples of what this Act has done to people. Between 1958 and 1968 at least ten cases of suicide of White men who had been prosecuted under section 16 were reported. One, a 65-year old man, killed himself by pouring petrol over himself and setting himself alight. One man killed not only himself but his two children also. Between October, 1970, and February, 1971, at least five men have committed suicide after being charged under section 16. One of them of course was in the Excelsior case. We see headline after headline, like “Father of four hangs himself in police cell”, “Man of 63 gases himself”, “Wife slams evil morals law. ‘I stand by my husband’.” So the headlines read. Sir, when all the heated words have been said, what exactly does this law do? It punishes, and that is sufficient reason for its retention for many of the hon. members opposite, because many of them are very vengeful people. The punishment that society will inflict on transgressors of the social code is not enough for them. The whole ugly drama has to be enacted right to the last scene, the court scene, where the public disgrace may be translated into a prison sentence. And of course there are the crowds of sadistic and sensation-craving people who pack the courts, and the world press prints all the salacious details to South Africa’s detriment. I am told that something like 31 newspapermen and television men converged on Excelsior in order to report this case.
Now we are told solemnly and sanctimoniously that the law is there to preserve the White man’s identity. I ask whether the White man needs a law to preserve his identity. If the answer is yes, then I say the White man’s identity will not be preserved. It is true, of course, that when the original Act was introduced and when the 1957 amendments were introduced, the then Minister of Justice denied hotly that this law was necessary for South Africans. It is true, he said, that there are some weaklings who need some protection from their baser instincts. This was Mr. Swart, when he was Minister of Justice. He said the only reason for the legislation was not that “we as South Africans could not behave ourselves, but we needed legislation for the foreigners who came here and who did not have the same sentiments that we had”. Well, I am glad to say that we do not hear this argument any more. That is gone. What we hear, of course, are thunderings against the permissive society. Well, that is at least a little more honest because the facts would certainly not bear out the contention that mainly foreigners are involved in immorality cases. Good old South African names are for the most part involved.
Now there was one argument in favour of section 16 which was used by the then Minister of Justice, the present Prime Minister, when I introduced my Bill in 1962. I call it the “protection” argument. He said that the Immorality Act protected Bantu and Coloured girls against unscrupulous people who had money and influence and position, and he said that Coloured and Bantu parents are grateful to the Government for protecting their daughters. Well, that may be true of the African people. I do not know. I doubt it myself, but I cannot say that I know for certain. But as recently as 28th January this year spokesmen of both the major Coloured political parties bitterly attacked and demanded the repeal of the Immorality Act. The Coloured Representative Council demanded the repeal of the Immorality Act. Now I would say, too, that there are other laws to protect the daughters of Africans and Coloureds. There are laws against rape, including sexual intercourse under duress. Indeed, only a little while ago we had a case where a traffic officer abused his position and took advantage of his position of authority in order to have sexual intercourse with an African woman. The Judge was extremely strict about this and sentenced the man to eight years’ imprisonment for raping this woman. Although she had suffered no harm, the evidence was that she had submitted to the man because of his uniform and his position of authority. There are laws against it. There are laws against prostitution, and as for non-White women who agree to sexual intercourse across the colour line, the law does not protect them; the law punishes them. They go to gaol, and sometimes they go to gaol while the White male gets off scotfree because he is defended and the woman is not. There have been cases where six African women were convicted while the White co-accused were discharged, and we have had other cases where African women have gone to gaol and the sentences of the White men were in fact suspended, in one case because of the man’s age.
In the end the argument comes down to the law as a deterrent, and here I do not think anybody can speak with any great certainty. Is it the penalty that the law will impose which is the deterrent, or is it the fear of being found out that is the deterrent? Is the urge to have sexual relations across the colour line so strong that miscegenation will increase greatly throughout the length and breadth of the country if this motion is accepted despite all the social taboos and the strong adverse emotions? Is it not rather ironic to be trying to stop miscegenation in this way in a country where 2 million people are already of mixed blood?
It has been suggested that the law should not be repealed, but that there should rather be a full-scale commission of inquiry appointed to go into the administration of the Act. I know that in 1962 the United Party asked for a select committee of this House to be appointed. I gather from what the United Party has been saying that it would now like a judicial commission. I have no doubt that one of its spokesmen will tell me why they have altered their request. I assume, however, that neither the hon. member for Durban North nor the hon. member for Bezuidenhout is going to provide this answer, since both of them are on record as saying that this is a vicious law which should be scrapped. Unless they have been misquoted in the Sunday Times, both of them have said that the Immorality Law must be scrapped. I quote: “Immorality Law must be scrapped, says Mr. Basson.” According to this newspaper, the hon. member for Durban North said: “The Immorality Act is an unnecessary Act and the White race has maintained its identity by its own inherent strength and its own moral code. One does not need laws to do it.” However, no doubt somebody from the U.P. will tell us why they now want an inquiry.
Sir, can section 16 be improved by better administration? I very much doubt it. For one thing, this repulsive law can only be enforced by the most degrading means. Both parties in terms of this section are guilty of a crime and in the vast majority of cases such an offence can only be detected by informers spying on their neighbours, as apparently happened in Excelsior, by policemen acting as peeping toms, peering into parked cars or climbing trees, or looking into bedrooms. I maintain that they could be better employed tracking down the perpetrators of violent crimes. The Police can only track these offenders down by the more degrading methods of feeling the sheets of beds to see if they are still warm, not to mention making suspects submit to medical examination to determine whether or not intercourse has taken place. I am glad to say that recently we have had no further cases of Black women being used as traps in immorality cases. I am very glad that that practice has been discontinued. I do not believe that a law like this can be “nicely” administered.
Exercising great care before prosecution is another method that has been suggested. Sir, this instruction was given years ago. I remember that the Minister in 1962 assured the House that Attorneys-General and the prosecutors “exercise the greatest care in deciding in connection with these cases whether they should prosecute or whether they should not prosecute”. So, despite Excelsior, which I believe was the finest example of official bungling since the Immorality Act was passed in 1950, I do not think we need an inquiry to establish the fact that there are people who are charged under the Immorality Act who should not have been, despite the special care that is supposed to be exercised. I do not know how you go further than instructing people to exercise the greatest possible care. While I am mentioning Excelsior, I wonder if the hon. the Minister would like to take the opportunity of commenting upon a report which appeared in the London Observer. I have no doubt that he has seen it. The Observer is a very widely read newspaper. The article gives the following reason for the withdrawal of proceedings at Excelsior and reads as follows—
In other words, this means that these forced confessions were the main reason why these women could not be brought to court. I think the hon. the Minister ought to take this opportunity of refuting this report if it is not true. I think at the same time he ought to tell us why the other 30 witnesses who were willing to testify and who were not accomplices were not called. Perhaps he would also like to tell us why it is that the women accused at Excelsior were held in jail awaiting trial if in fact there was no evidence against them.
A third suggestion has been made for a way in which to offset the public degradation that follows charges in the courts of law, and that is to hold trials in camera This is another suggestion that has been made over the years. I want to say at once that I am against this form of evasion of the consequences of the law. Every person who is charged with a crime, must endure the odium of publicity. It is, of course, our excessive preoccupation with colour which makes this crime a particularly heinous one, one which brings in its wake a particularly lurid form of sensationalism and social ostracism. I do not believe that closing the courts and holding trials in camera will help. I think that rumour and speculation as to the identity of the people charged will be rife. I say that either section 16 of the Immorality Act is a good law and should remain on the Statute Book, in which case it ought to stand the test of open trial in the court, which I think is a corner-stone of justice, or it is a law which ought not to be on our Statute Book, in which case it ought to be repealed. I do not think that secret trials to cover the ugliness of the Immorality Act or anonymity to protect those prosecuted is a good suggestion. I believe that that is tinkering with normal criminal procedures and with the administration of justice in a most dangerous way.
Sir, I do not think we need an inquiry or select committee, as we know all the facts and misery which the Immorality Act has caused over the years. I have newspaper cutting after newspaper cutting written by highly qualified people, who all call for the repeal of the Act. There are those who ask for an inquiry. For every one asking for an inquiry, I can match it with an equally reputable person who calls for a repeal of that Act. We know that for the Immorality Act to be implemented, requires use of the most unpleasant methods. There is no nice way to implement this crude law. We know that, with exercise of the greatest care, bungling takes place. We know too that the law, as an instrument of social control, is at best a clumsy instrument. As long as society frowns on miscegenation in South Africa, there will not be a great deal of miscegenation. There will inevitably be some on the fringes but there will not be a great deal of it. I believe that if social conventions and its moral and religious strictures cannot control social behaviour regarding sex across the colour line no law will be able to do it. We know that this law has brought in its wake nothing but misery and degradation. It is a blackmailer’s delight. We know that thousands of people have been affected and had their lives ruined and their families wrecked by being dragged into court for an act which is only a crime because colour is involved. We know too that this measure and its corollary, the Mixed Marriages Act, have brought shame and notoriety on South Africa at home and abroad.
It is my contention, Sir, that political leaders should lead and not lag behind public opinion. I am sure that, as far as section 16 of the Immorality Act is concerned, this House lags far behind public opinion. I believe that it lags behind the English as well as the Afrikaans Press. It lags behind a broad section of the public which has grown increasingly disgusted with this law. I believe further that there is only one course of action we should follow, namely to repeal section 16 of the Immorality Act and the Prohibition of Mixed Marriages Act. I want to conclude by saying that I think a matter such as this one should not be a matter of party politics. I believe that this should be discussed across the floor of this House with the utmost freedom and without any of the shackles of the party whip. I ask that both major parties, the Nationalist Party and the United Party, allow this motion to come to a vote and that a free vote be allowed on this motion in the House.
It was with interest that I listened to the hon. member for Houghton’s speech in regard to this Immorality Act and the Mixed Marriages Act. If I followed her argument correctly, it seems to me that the hon. member’s standpoint is based exclusively on the argument that we should not have this Act on the Statute Book, but that there should exclusively be an ethical and moral sanction against this deed. The hon. member went on to furnish us with a lot of, one can almost say bloody, details of certain incidents arising out of this Act. She again made the statement that opinion overseas is mounting tremendously against South Africa in regard to this Immorality Act. She also said that the suffering and sorrow which such crime could cause, was quite sufficient to have this Act scrapped from the Statute Book. Every law which is contravened and every serious crime which is committed brings suffering and sorrow to the criminal his family and to all those dependent on him. This applies to every aspect of his life, and it brings about a complete change in his life. This does not apply only to the Immorality Act. That is why that argument of the hon. member is not a valid one. It is a general statement that everyone who is found guilty of committing a serious crime causes a measure of sorrow, and that they commit their crime as a calculated risk.
As far as overseas opinion is concerned, I am afraid that the hon. member for Houghton makes the mistake of emphasizing this entire position and of basing her standpoint on the standpoint of a European. I want to put it to hon. members in this way, i.e. that in Europe there are no sanctions against miscegenation as such. The hon. member adopts that same premise, i.e. that there is nothing wrong with miscegenation. This is an un-South African standpoint. It is a European norm which is only valid in Europe. I must concede to the hon. member that I am a person who gives very serious thought to the matter when it comes to overseas opinion. I am very eager to have people overseas understand the situation in South Africa correctly. It need not, as far as we are concerned, necessarily be favourable, they must simply understand it correctly. I am a great stickler for this, but in this specific case the hon. member must not forget that there are two different norms. The hon. member makes the mistake of adopting a premise here which maintains that there is nothing wrong with miscegenation as such. That is a mistake, because in South Africa there is a different social norm. In South Africa there is a norm, established in the course of our history, which maintains that no immoral acts may be committed between Whites and non-Whites. When a country feels strongly about a social offence, this offence must through legislation be construed as a crime in order to give expression to the feeling of its people. If I may formulate it like this, a crime is a deed which is committed in contravention of the social and moral norms of a people. In this case one can say without fear of contradiction that in South Africa there is a deeply-rooted aversion to miscegenation between Whites and non-Whites. No matter what we did, the criticism abroad would continue. We would have to abolish the entire Act if we wanted to avoid all that criticism, because the norms are different. Here in South Africa we feel that we must act in this way, and people from overseas view us from a different standpoint, because in their country the same social circumstances which justify such a norm do not exist. When those people come to South Africa from abroad, one can observe that within a month they tell us that they understand why we do not want a miscegenation between White and non-White. They can see that the background, the people and the historical development is different. They can appreciate why we have built up such a norm which lays down that miscegenation is an evil.
The hon. member told us about the suicides. I have a great deal of sympathy with people who have suffered under this Act, and who committed an offence under the Act. My attitude towards people is not a callous one, but the fact that people commit suicide means in actual fact that they realize that they have contravened a code of social behaviour. That means that that code of social behaviour is so strong that it can move a man to commit suicide. That is once again the justification for this Act. It is proof that this Act is rooted in South African social norms. Apart from the Act itself, the mere fact that a stigma attaches to the person is enough to drive him to suicide. If there was ever justification for an Act, it is the incidents mentioned by the hon. member for Houghton. That is why I want to tell her that seen from the point of view of the norms of South Africa there is no possibility of this Act being abolished, because such a move would be completely at variance with the feelings of our people.
I should like to say a few words about the application of this Act. This Act is of course, as with all acts, applied by our Police and by our courts. I want to say at once that we must never forget that in a Police Force of 30,000 members, those men whom we have put into uniform will not in every possible case act as if they were parade ground soldiers who have never made a mistake in their lives. We have here a Force of 35,000 people, among whom there must be people who are sometimes guilty of dereliction of duty, sometimes of negligence and sometimes even of deliberate ill-intent. But this does not mean that our Police Force in these specific cases acts in the manner the hon. member for Houghton wants to impute to them, that they act brutally, feel the temperature of the blankets, etc.
They have to do it.
They do it, yes, because the hon. member does not do it. The hon. member must not forget that we are the public. We place a policeman there. Why do we do so? To do that work for us. He must go and do that dirty work, and then we want to be ungrateful in the House of Assembly and criticize him for doing his duty. Surely that is not fair.
The law, not the police.
These people must do it. They have no choice. They find it as unpleasant as I would. I can affirm that most of the time this unenviable and ungrateful task is carried out by our Police with very great tact and efficiency. One must not forget that in the case of this crime it is extremely difficult to arrest the criminal. While there may be other crimes which are also committed in the dark, this crime is, in addition, kept as quiet as possible.
I think it is our duty in this Assembly here this afternoon to say that the Police do after all apply many safety measures when working with this Act, because they realize that they are not dealing with an ordinary abnormal deed of a person. They realize that the basis of this deed is a sexual drive which all people have. That is why they are extremely careful. Let me just furnish hon. members with a true example of these safety measures which are applied by our Police. Except in cases where people are caught red-handed, the arrests, where possible, are made under the supervision of an officer. I am saying “where possible”—it is not always possible. But in most cases a policeman acts under the guidance of his officer. These officers are people who are fully equipped to deal with the various kinds of crimes. Here, arrests only take place when the officer is satisfied that it is time to act. I want to inform the hon. member for Houghton that often, when an immoral relationship develops between a White man and a non-White woman or a non-White man and a White woman, the Police warn these people that that immoral association must be terminated. Action is taken with great discretion. I also want to inform the hon. member that it is customary to delay arrest as far as possible until such time as the investigation has reached an advanced stage and there has been an opportunity of discussing the case with the Attorney-General or his representative. In other words, it is standing practice that the Department of Police and Justice officials should together decide when an arrest is to be made. I can inform the hon. member that the hon. the Minister of Police has assured me that this last precaution, if this should appear to be necessary, will in future be emphasized again, so that steps can be taken against these people in all justice and fairness. Hon. members will of course realize that these precautions are not always possible, because every investigation differs from every other investigation. It is not always possible to act precisely as prescribed in the regulations, the circular or whatever it is. But I want to inform the public that we will in point of fact have to think twice when we accuse the Police of having acted in such and such a manner. This does not apply to the entire Police Force. I am going to concede again that problems quite probably often arise with our Police. I do not think that we should generalize on the basis of the agitation which is set in motion in regard to the isolated cases which receive publicity in the Press, and speak and think in general terms when this only applies to a few isolated cases.
The other criticism one hears against this Act, is that it affords a person who has an intense dislike for another person an opportunity of getting that innocent person into trouble. The same applies to any other crime. When one has an enemy, it is not impossible to get him implicated in theft or something similar.
There is further protection in regard to this specific crime. Perhaps I could just bring it to the attention of hon. members. After the arrest, when a person appears before the court, we have, as far as sexual crimes are concerned and precisely because there is always the danger of malice, the cautionary rule in our law of evidence. The cautionary rule means that a presiding officer such as a judge or a magistrate, must actively concentrate on being overcautious when dealing with evidence in regard to a sex crime case. He must always bear in mind the possibility that the evidence may perhaps be coloured by personal feelings. This is a cautionary rule which has been laid down by our courts.
In addition we also have the corroborative rule. In terms thereof the various facts which all point to the guilt of a person, must be proved. I do not know whether the hon. member has actually read section 16. I have read section 16 very attentively. I have it here with me and if I must, I can quote it to hon. members. In reading this section I was struck by its fair wording. This Act has been drawn up from the point of view of the accused. It is not merely a summary dismissal of all possible defences. The hon. member quite correctly said that the definition of “White” in this legislation is rather flexible. But do hon. members know why this is the case? It is in favour of the accused. That is the fairness of this Act. The definition of a “White” is stated so fairly that if a person is White in appearance, he or she is, as far as the Immorality Act is concerned, a White person. But it goes further. There is an “or” in this Act. For the purposes of this Act a person is a White if he is White in appearance, and if he is not White in appearance, but is accepted as a White and passes for a White, he is also regarded as being a White for the purposes of this Act. Now what does that mean in practice? The position in regard to Blacks and Whites is quite clear. Judging from the appearance, one can immediately see whether there has been a crime. These people must be careful about that. But now one always finds these borderline cases. Let us take the case of a White man who has a relationship with a Coloured woman. If that person is White in appearance she is deemed to be White for the purposes of this Act. Then there can be no conviction. Or even if she should show signs of being a Coloured Woman, but has been associated with Whites and entered into a bona fide relationship with the White man, they are not guilty. But the Act goes even further. Subsection (3) of this Act introduces a defence, which reads as follows—
That was a United Party amendment of Dr. Smit.
Oh please, I find it a terrible pity now that that hon. member suddenly wants to make a little political propaganda for his party. Perhaps he should wait for a United Party rally before doing so.
Whether it was a United Party amendment or not, this is an Act which was laid down by the National Party Government. And this Act reads that if a person has reasonable cause to believe that the other person is a White person, then that person is accepted as a White person. Can one, in actual fact, have a fairer Act than this one?
I want to sum up by saying that it is clear that we cannot abolish the Act. To do so would be in absolute conflict with the deeply-rooted principles of our people. As far as our police are concerned, we have taken precautions, and the same applies to our courts. As far as the Act itself is concerned, it has been drawn up as fairly as one is able to do. We on this side of the House want to state unequivocally that as far as we are concerned—and all of us stand under the Act—it is a principle among us that there must be no sexual relations across the colour line; this is not for the reasons given by the hon. member for Houghton, because her approach is entirely different, but because it is a South African more, a deeply-rooted more which cannot be changed. It is for that reason that we say that this Act will continue to exist, and we will ensure that it remains on the Statute Book.
Mr. Speaker, the speech of the hon. member for Prinshof was indeed remarkable, perhaps even more remarkable when one remembers that he is also a lawyer. He was not prepared to budge one inch about any one part of section 16 of the Immorality Act, not even in its implementation. When one considers what happened at Excelsior, one would have thought that the hon. member would have appealed to the hon. the Minister to do something about the implementation of the Act. He, as a lawyer, should have been horrified by what happened at Excelsior. I am amazed to hear from the hon. member that everyone who committed suicide after having been charged under the Immorality Act, did so because they knew that they had transgressed the Act.
I did not say that.
That is the effect of what the hon. member said. Why did he mention it?
I was talking about the strength of the stigma.
The strength of the stigma is one thing. Those people committed suicide because of the strength of the stigma which attached to them whether or not they were guilty. Once one has in fact been charged, and this is a matter of public knowledge, the stigma is there and apparently it is sufficient to cause people to commit suicide, so strong is the feeling in this regard.
I want to say that the introduction of this motion by the hon. member for Houghton is, if I may say so, grand standing in the very highest tradition of this art of which the hon. member is somewhat of an expert. The operation of section 16 of the Immorality Act is the concern of every single man in this House and its implementation is often an affront to us all and to our country. But the motion comes at a singularly mistimed and politically unfortunate moment in its present form. At the beginning of this session, in the very first debate, the No-confidence Debate, this whole issue—because of the Excelsior non-trial—was brought before the House and was raised at the very first parliamentary opportunity by the very first speaker in that debate, namely the hon. Leader of the Opposition. After we had received from the hon. the Minister of Justice an explanation about what had happened at Excelsior, he then told us in a way to which we are now becoming used to, that so long as he is the Minister of Justice and as long as this Government is in power, section 16 of the Immorality Act will remain. Furthermore, this was repeated by the hon. the Prime Minister when he took part in that debate at a later stage. The attitude of the Government to this motion was known at that time. But the hon. member still felt that it was necessary thereafter to put this motion on the Order Paper. I want to say that by doing so she has deliberately made this a party political issue.
What have you done?
Let the hon. member wait; he will hear what I have to say.
We read your thoughts well in advance.
The hon. member also says that this should not be a party political issue and she asks for a free vote. Sir, she knows what the answer is. She knows that that party has been committed by the Prime Minister and the hon. the Minister of Justice, but she nevertheless comes with this motion, with the inevitable result that it is going to have to rest just there. The motion before the House means that the whole issue of the Immorality Act is going to remain just where it is. That is precisely what this motion does. The only conceivable affect of introducing the motion in this form is to freeze even more solidly the attitude which exists in this regard because it is a party political issue and because it has been made one by this motion. Surely the hon. member realizes that this motion will not be resolving this matter. Sir, we have tried to make this a non-party matter. [Laughter.] Sir, hon. members laugh. I tried to fall over backwards the last time I spoke in the no-confidence debate not to make my speech an offensive party-political one.
But the hon. member for Bezuidenhout called it “die kleinste van klein apartheid”.
That is not the point, Sir; the point is that when this matter was raised it was replied to immediately by the hon. the Minister of Justice before the hon. member for Bezuidenhout talked at all. It has got nothing to do with it in any event. Sir, we tried to make it a non-party matter.
What did you say to the Sunday Times?
Why does the hon. Minister not crawl back under his stone and keep quiet? [Interjections.]
Order!
Sir, if the hon. the Minister had read my speech in the Sunday Times he would have been able to follow my speech a little more clearly than he is able to do at the moment. Sir, may I say that the Government is also responsible in this regard; they have also reacted in a party-political way, as they are doing with everything—“as long as we are the Government we are not going to move, no matter how wrong we are, no matter how long we have been wrong, no matter what the urgency, no matter what the protests are, we are going to stay just there”. There will be no solution to this problem at all —and this is an offensive problem—unless we can take it out of the political arena. Sir, we have to try to open people’s minds to it, not to close them as we are doing here. The matter is not so simple, as the motion suggests, that you can just scrap both these Acts forthwith. Has the hon. the mover of the motion ever considered, if this motion were accepted and acted upon immediately, all the other difficulties that would arise? Where would people who enter into mixed marriages go and live, without an investigation into that matter as well? What happens to the children as far as their classification is concerned? The hon. member herself has already spoken of the degradation of being classified as a Coloured. I also wonder whether the hon. member has considered that there might well be some people who will feel that this is now a matter of licence?
The hon. member did not answer the basic question when she spoke about this: Is she or is she not in favour of miscegenation? Is she against it or is she not against it? She did not answer that question. She answered it with some sort of parable. But. Sir, I think that is a question to which we are entitled to have an answer when a motion of this sort is moved. Let us remember also that since even the last time this Act was dealt with, completely different social circumstances have arisen in the urban areas, circumstances which must be investigated before you can pass a motion such as this, Moreover, there is a great difference between repealing an Act and passing an Act. This party is on record, as is well known as being against the passing of both the Prohibition of Mixed Marriages Act in 1949 and the Immorality Act in 1950. We opposed them because we did not think it was necessary or desirable, and not because we were not against miscegenation. But now you have the situation where this has been the law all these years, since 1950. The Immorality Act was passed in 1950. The circumstances attending the Excelsior case have been the law since 1937. I sincerely ask the mover whether she really wanted some relief to the situation, which offends all of us, as I said, or whether she just wanted a grandstand opportunity to express the more obvious horrors of the operation of section 16 of the Immorality Act. Because we would like to take this out of the political arena and avoid the obvious anomalies, and let me say, even further hardships and dangers which could result from the adoption of this motion, I want to move as an amendment to the motion—
- (1) while opposed to miscegenation, is of the opinion that section 16 of the Immorality Act, 1957, gives rise to serious and pressing legal, law enforcement, sociological, humanitarian and religious problems, causes hardship and smears the good name of the Republic, and calls upon the Government as a matter of urgency to appoint a Commission to examine such problems in the light of this and related legislation, such Commission to consist of—
- (a) judicial officers of both the Superior and Inferior Courts faced with the problems of administering the law and the problem of punishment;
- (b) members of the Police Force faced with the problems of enforcing the law and investigating alleged offences under the law;
- (c) sociologists conversant with the social problems involved; and
- (d) representatives of our Churches who have to deal with the relevant problems of religion, conscience and morality which arise,
- with a view to determining whether the law is not doing more harm than good to Society and to the State, and whether the problem can be dealt with effectively in any other manner; and
- (2) in view of the large number of acquittals of persons prosecuted, is further of the opinion that, with immediate effect, prosecutions under section 16 of the Immorality Act, 1957, should not be instituted without the written approval of an Attorney-General”.
This is a matter which has not this year been answered. I have studied very closely the speech of the hon. the Minister of Justice when he replied in the No-confidence Debate, and nowhere there did he answer the question which was then asked by us as to whether he was prepared to appoint a commission of inquiry to examine the effect of this section and the operation of it, nor did I notice anything in the hon. the Prime Minister’s speech. But it is a delicate issue, a sensitive issue in which are involved moral, religious, humanitarian, police, judicial and family problems; matters, as has been wisely said, not appropriate for legislation are often those matters which are not appropriate for political dissension either.
The hon. the Minister knows as well as I do that this motion is not going to resolve the issue. He knows he is committed to his stand in this respect and that there is going to be a deadlock, but there is a need for a commission of inquiry. Surely the hon. the Minister would not deny that. Surely the evidence that is presented by leading members of just about all the churches in the Republic and of all denominations, of recently retired senior police officers and of all the newspapers, including Nationalist newspapers, including Rapport more recently and Die Vaderland very recently, and even Die Transvaler, and even by the academics—and very recently, in fact on Saturday, 20th February, we had from the University of Stellenbosch a number of leading academicians who called for just what we are calling for. One found that their approach was that this matter must be taken out of the field of party politics, as had been done in the past, and that a commission of inquiry should be instituted to have a penetrating investigation outside the arena of party politics. That is what Dr. Vosloo, the Professor of Political Science at that university, said. The Professor of Anthropology had the same views. He also wanted a commission of inquiry. Surely the hon. the Minister cannot tell this House that these people are talking rubbish or that they do not know what they are talking about, or that what they say does not need some attention.
Sir, let us make no mistake about it. This is a problem which is deep-rooted in our society and in our history. The word “miscegenation” which appears in the amendment, is the reason for the legislation which is the subject of the motion. Miscegenation means the production of offspring by persons of different races. It does not mean sexual intercourse by itself or marriage by itself. The history of this country shows just how deep rooted this is. So far as the prohibition of mixed marriages is concerned, there was no legislation in the Cape because the Colonial Laws Validity Act of 1865 prevented this. In Natal there was no specific law in this regard, although it was there by implication. In the Transvaal and the Free State they provided only for valid marriages between White and White and between persons of colour and other persons of colour, although they did recognize marriages if they had been concluded outside the Transvaal. As far as immorality, that is, connection between Whites and non-Whites sexually, is concerned, there were laws in the Cape and the Orange Free State that a White woman could not have sexual contact with an aboriginal Native for gain, whereas in Natal and in the Transvaal, the offence was between a White woman and a Black or Coloured man, not the other way around.
What about the old Milner Law which prescribed 24 lashes.
Then, in 1927, came the first Union legislation in this regard. The hon. member has referred to the old Milner Law, with 24 lashes. He must read the debates on the 1927 Immorality Act, which was the first Union legislation in this regard. That Act made it an offence for intercourse to take place between Black or White, that is to say between Natives and White persons, either way. If this in fact took place, the woman and the man were both considered to have committed an offence. The only real subject of discussion at that time was whether or not there should be 15 lashes. That was one of the arguments. Some hon. members felt that the Minister was wrong, and that he ought to impose 15 lashes, as was originally intended. There was no dissension whatsoever about that Act, except on that point. Another point was that at the time there was no Act prohibiting mixed marriages, and so the persons who took part in that debate complained that one could get away with committing an offence under this Act, by marrying the person who was also guilty of an offence. In 1936 we had the Prohibition of Mixed Marriages Bill which was not proceeded with. Then came General Pienaar’s Bill in 1937, which was not completed. That was to apply the law as the 1950 amendment did.
Then, in 1949 came the Prohibition of Mixed Marriages Act. We opposed it because we did not think it was necessary, and there were all sorts of difficulties regarding the definitions of people and how the provisions of the measure would work. It was felt that it was not necessary. In the next year we had the follow-up of that measure, namely section 16 of the Immorality Act. This again was opposed by this side of the House on the basis that we did not think that that was also necessary. There was a debate on the Second Reading and very little happened in the Committee. On the Third Reading of that Bill there was no discussion whatsoever. The division between hon. members on that side of the House and on this side of the House did not concern the undesirability of mixed marriages. It concerned the effectiveness of prohibitory legislation. Surely, that is the position we are now in. We feel that miscegenation mixed marriages and intercourse across the Colour-line are undesirable, because it might produce miscegenation.
You do not want to prohibit it by law.
That is not the question. The question that may have to be decided is whether section 16 must be amended or repealed, or what should be done about it. The point is that this has been the law for 22 years. One cannot suddenly say, as the hon. member for Houghton has, that we must scrap the whole lot.
You said that.
No, I did not say that. That quotation is what was said by Colin Steyn when he, on behalf of the United Party, in 1950 opposed the Immorality Act on the Second Reading. If the hon. member quotes that, she is quoting it out of context, because I have never spoken on the matter without adhering to my party’s attitude, which is the attitude I have just enunciated now. [Interjections.] You will get a chance to reply, Helen. Give me a chance to speak now. Mr. Speaker, I think it very important that this commission should consult with the non-European people of this country and hear their views. I ask myself whether the hon. member for Houghton has done so. It would do hon. members a lot of good if they read the report of the last commission which sat on this matter, namely the De Villiers Commission in 1939. This commission went into this whole question and called for the evidence of the various groups. I will read out what they said as far as the Natives were concerned. It said: “The attitude of the Natives, specially the Bantu races, appears to be decidedly against mixed marriages.” On page 21, concerning the Coloured’s attitude, it said: “They were unanimously opposed to marriage between European and Coloured for two reasons: such a marriage usually introduces dissension into family relationships, especially amongst the children of members of the same families; and the social reasons.” On the same page the Indian community’s attitude is stated: “The South African Indian Congress, claiming to express the views of the Indian community, sent us a memorandum in which it was stated that the Indian community is opposed to mixed marriages as strongly as any other community in South Africa.” I go further than that. Mr. Speaker. The commission of inquiry under the late Judge van den Heever, who sat on the Durban Riot Commission, found as a fact that the grievance of miscegenation was listed very high as one of the causes for the riots between the Indians and the Zulus. Judge van den Heever said: “We have found this grievance to be one of the most powerful motives for anti-Indian feeling on the part of the Bantu.” I wonder whether the hon. member consulted them, before she said that this should be repealed?
I wonder if you are for or against this law.
It must be clear, even to the hon. member for Houghton, that we are as horrified as she is by some of the results of the implementation of section 16, and we have said so. But one does not suddenly, because one doesn’t like something, chuck everything down the drain. What is the evidence about the Prohibition of Mixed Marriages Act at this stage? I have no evidence of certain great hard hips, but I can tell hon. members, oddly enough, that I found it in the circumstances of the labyrinth of the laws by which we have to live—and by that I am not necessarily condoning it—to be a great help to many people. I want to tell hon. members that I have to deal with a number of population registration cases. This is also a law which must be looked at in relation to this matter. Many couples are living together and they have children. The one is classified as a Coloured and the other as White by the Department of the Interior. When one has exhausted one’s remedies with the Department of the Interior and when nothing else can be done, they refuse to classify the one White despite the circumstances. My advice to them in that case is that they should go to the magistrate, that they should disclose all the facts and that they should ask him to marry them under the terms of the Prohibition of Mixed Marriages Act, because they are White persons in terms of that Act. I want to tell hon. members that not one of them has not been married under the Prohibition of Mixed Marriages Act. There is this anomaly, and this is another reason why an inquiry is needed not only into this legislation but also into all the related legislation. They are now married as White persons under the Prohibition of Mixed Marriages Act, yet their children shall go to Coloured schools because the children go to the schools according to what your population register identity is. Under the Population Registration Act the issue of that marriage must be classified under the Population Registration Act as Coloured. They must go to school in terms of a different definition. This whole question must be investigated, and surely there are enough cases like these. That is in fact one of the things which the De Villiers Commission recommended. They recommended that the issue of persons who are married as White persons should be regarded as White persons.
Let me deal very briefly with another matter. This matter came out very pertinently when the Excelsior trial was discussed, what did the hon. the Minister’s reply disclose? It disclosed that on the allegation of one Bantu woman who said, as the hon. the Minister has stated, when she came before the police: “Yes, I have slept with So-and-So, but I am not the only one; So-and-So and So-and-So slept with So-and-So and So-and-So”. On the strength of that at least 21 people were charged under the Immorality Act. This was disclosed in the hon. the Minister’s speech.
An investigation followed.
Yes, an investigation followed, but on the strength of that one allegation these arrests were made. It is even worse than the usual case, because it is clear from his statement that some of it was on hearsay from one person who herself was an accomplice. Then we come to the reluctant witnesses. The hon. the Minister, although it is not at issue in this debate, is quite wrong in saying that the witnesses could not be called under section 212 because they were accomplices. Under section 254 an accomplice can be compelled to give evidence. The evidence is in Hansard and it was given by the hon. the Prime Minister when we discussed these two clauses. It was given in this House in the Committee Stage. Actually we discussed the two clauses, clauses 17 and 19, together in this House.
That is only in a case where you propose to proceed …
I have had a case where one of the accused has been called out of the dock after the State has led two witnesses.
What was the evidence worth?
Well, the other chap was convicted on it. An accomplice’s evidence is usually very good when they know that they are going to get away with it, and in this case they were charged with murder. What I want to say is that the real problem was that the Minister wanted them all to plead guilty so that he would not be in the position of having to call some Bantu women to give evidence against White people, because they as accomplices would get an indemnity if they did give evidence. He would then have had the position that the society in which the trial was to take place would not have stood for it. The result was that this did not happen. That is the real difficulty. This is one of the things that makes this a different crime from any other crime. When the hon. the Minister says that this is just the same as any other crime, he is wrong. Surely this alone is worth investigating, that a prosecutor can be in this dilemma. If this was a murder trial, I suggest that there would have been ho dilemma; but it was not. It was a trial under section 16, with all the social ramifications and complications. That is why it could not be done. That is why it is different. That is why you must have an inquiry into this matter. It is not as simple as “just” the Immorality Act and “just” the Prohibition of Mixed Marriages Act. It affects the whole social structure and the whole labyrinth of legislation which this Government has introduced. [Time expired.]
I have no intention whatsoever in this debate of trying to agree with the hon. member for Houghton, and even less with the hon. member for Durban North, who has just finished speaking. The difference is in any case that the hon. member for Houghton at least has the courage of her convictions to say where she stands and say that she is opposed to the law and wants it abolished. That is the last thing the hon. member for Durban North can say. A more complicated egg dance and a greater display of lack of courage has probably never been seen in this Parliament. If the hon. member now thinks that we can discuss this matter solely on a scientific basis, he is making a big mistake. If the hon. member now expects us to discuss this matter in this House with the calmness one finds in a classroom, he is also making a very big mistake. As far as I am concerned, this matter also has a political colouring. It also deals with the policy which the National Party advocates. This matter can be approached from that point of view. It was really pitiable to hear today what a lament the hon. member set up because the hon. member for Houghton had jumped the gun on him in getting this matter discussed in the House. What did the hon. member do? Before Parliament had even begun, the hon. member got every single English-language newspaper extremely het up with reports which were nothing but political reports aimed at the National Party. It was intended for nothing else but to be used in the no-confidence debate. What is more, the hon. member went on with it after the no-confidence debate. Now the hon. member adopts a pious attitude here and says he wants to refrain from turning the matter into a political issue. But what did the hon. member do? After the no-confidence debate the hon. member still carried on with his politicking. I shall deal in a moment with a report which appeared in the 14th February edition of the Sunday Times. What was that if it was not making a political issue out of the matter? Now the hon. member wants to blame the hon. member for Houghton for wanting to turn it into a political issue, but what did he do? He was trying to do so all the time. Why did he not in that report, if his intentions were so honest, in which he granted a personal interview to Mr. Stanley Uys, say “My representation to the Government is: Remove the matter from the political arena”? Surely he had every opportunity to do that. The hon. member must not think therefore that we are going to buy those stories of his.
But the hon. member must now tell us something, right at the outset. He said that this Act has been on the Statute Book for 21 years now, and that it cannot simply be scrapped. The hon. member became extremely het up when the hon. member for Houghton said to him, “Here is a report in which you said, This law should be scrapped’.” The hon. member also said here that he represented his party’s standpoint. Now I am asking the hon. member to tell this House what his personal standpoint is; the hon. member for Bezuidenhout does that at least. He will at least say that his personal standpoint is that this Act should be scrapped. Why does he not have the courage of his convictions? Why did he stand here for half an hour talking in circles? The hon. member has by now become a professional talker in circles, to such an extent that the hon. the Minister of Information subsequently had to say to him, “But tell us something to which we can listen now”. Why does the hon. member not state whether or not he supports the hon. member for Bezuidenhout in his representations in respect of this petty apartheid, or the crudest of all crude apartheid, namely that it should be scrapped? But you see, Sir, the United Party has over the years been too lacking in courage to adopt a standpoint in regard to this matter, and to state candidly “This is what we advocate,” or “We do not advocate this”.
Nonsense. We advocate a commission.
No, it is not nonsense. The United Party did not vote on this legislation in 1927. They did not vote on it in 1949, nor in 1957. I shall bring hon. members proof of that. After all, in 1957 they knew very well what the purpose of the Act was. Hon. members knew very well what the purpose of the Act was, and they also knew what the purpose of the expansion of the Act was, namely that it was a consolidation. They also knew that the sentence was being increased from five to seven years, and accepted the Second Reading without any division. Where does the nonsense come in now? Let us consider section 16 of this Act more specifically. In the Committee Stage section 16 of this Act was approved without a single opposing United Party vote. Hon. members can go and have a look in the Hansard report. Five persons voted against section 16 in the Committee Stage. They were Messrs. Hepple, Lovell, Standford, Whitely and Mrs. Ballinger. Where is the United Party vote against it? Hon. members on the opposite side talk about adopting a standpoint, but what standpoint did they adopt at the time? Let us consider the Prohibition of Mixed Marriages Act. This matter was dealt with by Gen. Smuts himself. Gen. Smuts moved an amendment in which he said that mixed marriages were disapproved of by his side of the House, but that they did not want any legislation on it. Where was the division on that? It is because of this lax attitude which the United Party have adopted all these years that they are still sitting on the Opposition side. Now the United Party wants to perform this same kind of egg dance here today and expect the public outside to think that the United Party is asking for a commission because this Act is so un-Christian and is being so terribly badly applied by the Police.
Are all those experts also performing an egg dance then?
Anyone who adopts the attitude the United Party is adopting is performing an egg dance. I am talking now about the political attitude of the United Party, because that is what they are again doing in this House today. It is a great pity the hon. member talked so much nonsense that I am unable to come to all the other aspects of this matter.
May I ask the hon. member a question?
No, I am sorry; I only have twelve minutes at my disposal and I do not have the time to reply to the hon. member. The hon. member on the opposite side who talked about the Excelsior case must simply take the trouble to read the hon. the Minister’s speech in reply to the speech made by the hon. member for Durban North in the no-confidence debate. He will find the answer he is looking for. In what respect do hon. members on the opposite side differ with the hon. the Minister? In what respect do hon. members on the opposite side differ with the facts mentioned there, and do they say that the steps taken by the State were not proper and correct under the given set of facts? Hon. members on the opposite side must now have the courage of their convictions, and must tell us this.
Let us go further and consider for a moment the egg dance performed by the United Party during the no-confidence motion. The hon. member for Bezuidenhout handed over his views on petty apartheid to the hon. the Prime Minister, and his hon. Leader then replied to that. We then had the same standpoint as has now been adopted. I realize that it was not possible to advocate the abolition of the Immorality Act during the no-confidence debate, because I know that the rules of the House prohibit that. However, we had the same attitude there. The hon. the Leader of the Opposition said that he was opposed to miscegenation and did not advocate mixed marriages, but it remained at that. Nothing was said then about what should happen then.
We are saying this.
Hon. members on the opposite side have not said this. They cannot show me one single debate this year in which they said that this Immorality Act should be scrapped. Some of the United Party members say it in the Press, but nobody says it in this House. Surely the United Party has an opportunity to do so today. Let the next speaker on the opposite side of this House tell the country outside that the United Party advocates either the retention or the abolition of this Act. The United Party must adopt a very clear standpoint and not do what the hon. member did for half an hour.
Hon. members on the opposite side are requesting a commission of inquiry, but I can see no need for such a commission of inquiry. Why do hon. members on the opposite side not say to the hon. the Minister, if it falls within the ambit of the motion, that we should investigate the entire sociological aspect of illegal carnal acts? The United Party comes forward with a motion requesting the investigation of the Immorality Act, but I am of the opinion that the request for such a commission by the United Party is simply a smokescreen behind which to flee from the matter on hand. The real point is what is the standpoint of that side of the House in regard to miscegenation in South Africa as far as it is controlled by the Immorality Act. That standpoint they must now adopt.
Appoint a commission.
The National Party will not allow itself to be taken in tow by everyone who says that a commission should be appointed. We are not prepared to appoint a commission the moment somebody asks for one. The same thing happened after a recent diamond case. It is all very well to advance pleas of this kind when a debate of this kind takes place here. But have hon. members on the opposite side ever thought what result an abolition of this Act would have within our metropolitan areas, and, inter alia, on our Coloured population? Has it ever occurred to hon. members on that side of the House that there must be protection against unscrupulous people? Have hon. members on that side of the House ever looked at what the figures which, according to a report I read, revealed in Cologne in Germany? It was found that 95 per cent of all mixed marriages were heading for failure. Have any of these people— and I do not necessarily want to classify the hon. members of the Opposition among them—who bewailed the fate of the offenders’ closest relatives, ever thought of the other parties in such cases? Have they ever thought of the thousands of bastard children which result from these situations? They speak so easily of suicide in regard to these cases. In how many cases of suicide does that suicide not take place because of the guilt feelings that person had about the adultery he committed, and not about the fact that he had been charged under the Immorality Act? In how many cases does suicide not take place after a person has been arrested? I can inform hon. members that I am convinced that more suicide cases occur under other crimes than under immorality. Here I am thinking in particular of a crime such as fraud. But if even the gallows does not serve to deter people from committing murder, why allege now that if this Act is abolished, the number of suicides would decrease? I simply cannot understand that. It has too much to do with guilt feelings.
Mr. Speaker, may I ask the hon. member a question?
No.
I want to conclude by saying that I cannot see any sense in the hon. the Minister and this side of the House having to consider whether to appoint a commission of inquiry. I also want to tell hon. members on that side of the House that this is a golden opportunity to at least be courageous and at least tell the public just once this year where they stand in regard to a specific matter.
Mr. Speaker, I think I should begin by congratulating the hon. member for Houghton on introducing this motion. I have not seen the Nationalist Party members of this House so happy since the election as they are today. At last they have a wonderful opportunity of getting away from life in South Africa in the economic sphere and from the general mess they are making of the administration of our country. Now they can discuss a real racial issue with all the emotions and heat that attaches to it. They feel they are back in 1948, even back to 1938, when “baster-plakate” adorned every lamppost on every corner.
We have been challenged on one point by the hon. member for Potchefstroom, who made a very short speech. I think that is all he wanted to do. He challenged us to make our attitude in regard to this matter clear.
You know the rules of this House.
I am sorry. I was not aware that there was an arrangement regarding the allotted time for speeches.
But it is still true that the only point the hon. member made was a challenge to the United Party to make its attitude clear on this matter. Our attitude was clear all along. Our attitude was clear 21 years ago when this Bill was before Parliament. At the time Dr. Colin Steyn stated most emphatically that this was not a matter for legislation. No matter how much every one of us disapproved of miscegenation, how strongly we revolted against the thought of miscegenation, it was not yet a matter for legislation.
You did not vote against it.
We remember how we warned about the misery, the unhappiness and the social disturbances that would result from the application and the administration of this Act. What has happened now? The hon. member for Houghton has moved a motion tonight because in her speech she could show with quite remarkable evidence that the United Party was right 21 years ago. Every event since then has shown that this is not a matter for legislation.
Sir, where I think the hon. member’s action has been ill-considered is in the wording of her motion. She wants this Act to be repealed “forthwith” as if nothing has happened in the last 21 years. But, Sir, the whole social situation, the whole social structure of South Africa, has changed in the last 21 years. As a result of many laws there are now new consequences that we have to consider if we should repeal this measure without examining scientifically, carefully and calmly what these new consequences will be in the atmosphere of an expert commission appointed by the Government. The hon. member for Houghton made a strong point of all the experts of all political complexions who are supporting criticisms of these Acts, but she made the point herself—knowing her as I do she did not disguise the point—that many of them (I think she said about half of them) support an urgent inquiry into the application and administration of this Act. Those, Sir, are experts who know what they are talking about.
I believe that for us to rush into this “forthwith” would be extremely stupid and dangerous, and I believe that for us, again for political motives, to harden our hearts, as the Government is doing, and to refuse to admit that they have landed in a mess as a result of the fact that this Act appears on the Statute Book, is equally stupid and equally short-sighted. Sir, we were right. We see that this law requires harsh administration; we see that it is more difficult to obtain convictions under this law than under any other criminal law in our Criminal Code. We see that the number of acquittals, the number of people who are legally innocent, who have to suffer the degradation, the humiliation and the hurt of prosecution under this Act, are more than half of those brought before the court. Last year there was 55 per cent acquittals in prosecutions under this Act. Either the administration of justice under this Minister and under this Government is breaking down or this law is not capable of being administered in the same way as other criminal laws where the number of acquittals is far lower—I think something like 25 per cent or 30 per cent. These are facts that we cannot argue against; they are there. If the hon. member for Potchefstroom wants clarity, all he need do is to look at the facts; all he need do is to open his mind a little bit—just a little bit —and he will see that we are right.
We find, Sir, that this law has cruel effects: that a larger number of suicides are committed as a result of arrest under this law than under any other criminal law. Sir, you very seldom hear of a man arrested on a charge of murder, committing suicide. In the old days when adultery was a crime in South Africa you very seldom heard of a man committing suicide because he had committed adultery. The hon. member for Potchefstroom puts these two things on the same level, but he has no evidence, no support, for his argument. No, Sir, let us face the facts. We are opposed to miscegenation not because of any reason of racial hatred but for the practical reason that miscegenation has consequences socially, and for the individual concerned, that are unfortunate. Sir, in 1949 and 1950 when these two Acts were put on the Statute Book we had to deal with the evil of miscegenation but now, Sir, a new situation has arisen. We are dealing with two evils. We are now dealing with the evil of miscegenation, which has not ended; and we are dealing with the evil which flows from the administration of this unfortunate Act. There are now two evils. There is a new situation, and if we now rush in and try to repeal the second evil, which is the law, then we create a new set of circumstances that can lead to new evils and new problems, as I will show. We have to find a way out of the impossible situation that the Government has created by introducing an Act like this and putting it on the Statute Book and trying, not very successfully, to administer and to apply it. [Interjections.]
Sir, here I have an article in the excellent magazine Personality of 19 February, where various people were interviewed, and here we have Prof. S. A. S. Strauss, professor of law at the University of South Africa, not a liberal university, making no fewer than five suggestions as to what could be done to try to get out of the difficulties and the evil situation in which we find ourselves today as a result of the application of this Act. They should be investigated, and there are many other things. I cannot put the attitude of the United Party better than this independent jurist, Prof. Strauss, put it in this article, when he issued a warning. I too want to warn the House; I want to warn the hon. member for Houghton and I want to warn the Government because their attitudes, although they are poles apart, are essentially similar. They see no problems; they see no difficulties; they see simple solutions for one of the most complex problems that we have to deal with in South Africa. Here are Prof. Strauss’s words—
It is because this party, which has always taken a responsible line in South Africa, does not wish to under-estimate the social and emotional ramifications of this issue that we call upon the Government to agree —and I invite the hon. member for Houghton to accept our suggestion—that this matter should be referred to a commission for proper investigation. That, Sir, will take the matter out of politics. If the hon. member for Houghton is sincere, as I know she is, then I say to her that she cannot escape her duty to accept the United Party’s amendment so that the matter can truly be taken out of the political arena and discussed and thrashed out in an atmosphere where nobody is speaking for the Press, where nobody gives advance copies of their speeches to the Press, where nobody looks for political benefit and where we try to further the true interests of South Africa.
Can you tell us what the attitude of the United Party would be before such a commission?
Yes, that is a very reasonable question; I shall deal with it within a moment. Sir, we should ask this commission to investigate the new consequences that will arise from a repeal of this Act, because of what has happened in the last 21 years in South Africa. We will ask the commission to investigate what the effect would be of the new system of laws, of the new social structure that the Nationalist Party has created, upon people who avail themselves of their legal right to get married, for example. Of course, the hon. member for Houghton says that this must be done forthwith, under the present régime, with the present social system and structure that we have in South Africa.
People can make their own decisions.
I would like them to investigate what the position would be of people married under her dispensation. [Interjection.] Sir, I find it very difficult to continue. If the hon. member wants to ask me a question she can stand up and I will deal with it.
Is the hon. member not aware of the fact that people make the decision to marry across the colour line themselves? Nobody is going to force them to do it.
Sir, that is much better than having a running commentary from that hon. member. That may be so, but let me tell her that marriage is not an ordinary contract. Marriage is an arrangement which confers a new status upon individuals and in which society has a real and great interest because it leads to the procreation of the species; it leads to the birth of children. The hon. member may be indifferent, but sensible people are concerned about the position in society of children who are born as a result of such an Act. Her approach is a light-hearted, shallow one, with no consideration of the consequences that will result from her Act. I say that this is the sort of thing that a commission must investigate.
Under the Group Areas Act, where will these people live? Where will they be able to get entertainment together without humilation? Where will they be able to relax together and swim together? [Interjections.] These are things that have changed since 1950. We have a new situation. We have today, whether we like it or not, in South Africa population groups of different economic levels of development and it is a sociological fact that the males of the more developed group tend to abuse the females of the less developed group, so much so that even in many states of the U.S.A. until a few years ago that was reflected in the law. In a province of South Africa until 1927 there was a law making it a crime for a Black man to be intimate with a White woman, but it was not a crime for a White man to be intimate with a Black woman. That is the danger, and I say that if this law is repealed—and that is what I would like the commission to investigate—what protection can we give the women of the weaker society, not in the derogatory sense but in the economic sense? What protection can we give them?
Already there are Coloured people who are complaining about the new situation that has arisen because Black women may not come to an area like the Western Cape, so that their own women are in danger. That is the result and it is understandable. These are the problems that we would like the commission to investigate, amongst other things. That is why we on this side of the House say that because of this new situation, and a most unfortunate situation which has arisen, this should be investigated by experts. I do not believe in rhetorical questions, so I am not asking a question; I just want to put my difficulty to see that anything else can be the answer. Can there be an hon. member opposite, starting with the Minister of Justice, who can in his heart be satisfied or contented with the situation as it was revealed in the Excelsior case? Surely there is something wrong when that can happen. Surely there is something wrong if as a result of gossip men can be arrested and humiliated, women can be arrested, a man who was innocent, as was afterwards proved, is arrested, suicides are committed, and in the end there is no prosecution. They are legally innocent, as far as the law is concerned. Surely one cannot be happy with that? That is why again I say there is something wrong with this whole set-up, and it is worse than it was in 1949 and 1950 because the evil continues but a new evil has been superimposed upon it.
I want to mention another point to show you how we feel about this matter. Another matter which I would like to see investigated by this commission is how the powerful social sanctions can be made more effective. Nobody has disputed that there is a tremendous social sanction against miscegenation and sex.
Do you only want social sanctions and no legal sanctions?
No, I want the commission to investigate whether legal sanctions are possible in another form, because in the present form, I repeat, you create a greater evil than the one you are trying to combat. For example, should we not change our law so …
Are you for or against?
Sir, the hon. lady has now asked that stupid question ten times and the answer remains simple. The answer remains that we are in favour of an expert commission of jurists, sociologists, police, psychologists, religious leaders and moral leaders to investigate the rotten situation which has been created by the stupid actions of this Government over the last 21 years. What could be clearer? In reply to my hon. friend, I want to say that we should, for example, investigate whether greater rights ought not to be conferred upon women, especially women of the weaker economic groups who are deflowered or made with child by irresponsible men, so that they can have justice done to them in public courts. That would be a tremendous sanction operating against the males who abuse their superior position in our world. There a great many other possibilities, but all I want to say is that I think, in the interest of South Africa, we should not play politics with this matter. Therefore I plead with the hon. Minister to accept the United Party amendment. It is a good and wise amendment. I also plead that the appeal of the hon. member for Houghton, which appeared in yesterday’s paper, be realized. Let us take this matter out of politics, as she wishes and let us refer it to a commission of true experts outside the political sphere to give South Africa advice on one of its most delicate problems.
Over the years the United Party has never yet adopted a standpoint in regard to this matter. They say the same thing; they are opposed to miscegenation, but according to them it must not be prohibited by a law. They are opposed to miscegenation, but according to them the Act, as it has been laid down, does not work.
You have the same standpoint in respect of adultery.
We have since 1927, and subsequently in 1948, 1950 and 1957, adopted a definite standpoint in regard to this Act. In not one of those debates did the United Party ever adopt a definite standpoint. Nor did they do so today. The fact of the matter is that they hide behind commissions of inquiries, as they put it, but there is no definite standpoint. Among all those hon. members, is there not one single suggestion as to how the Act can be improved? They do not have a single suggestion, except that a commission should be appointed.
Tell us what your proposal is.
Yes, I shall come to that. In spite of all the criticism of this measure, and in spite of this psychosis which has been caused by the newspapers, there has so far been only one man who came forward with a proposal, i.e. the man mentioned by the hon. member for Yeoville, Prof. Strauss. I shall refer to him. He is the only man who made a suggestion; all the others want an inquiry to be instituted by a commission. In regard to this matter, the opinions of a number of people in Stellenbosch also appeared in the newspaper, as if this now represented the spirit prevailing in Stellenbosch, the heart-land of Afrikanerdom. That is how it was presented. The first person mentioned, is a kindred spirit of the hon. member for Houghton.
[Inaudible.]
Yes, Slabbert is a kindred spirit of the hon. member. The next to be mentioned, was a Mr. Plüddemann, senior lecturer in German who said: “The Immorality Act cannot, as far as I can see, be justified on moral grounds.” That is what he said and then he was quoted. Who is he really? I shall add here that there was also a professor of theology who suggested something, to which I am also going to refer. His name is Prof. Mulder.
I thought Prof. Strauss was the only one.
I shall add the name of Prof. Mulder. Prof. Mulder referred to the possibility of the names being suppressed, and of only mentioning the initials. I shall come to that in a moment. As far as the hon. member for Houghton is concerned. I want to congratulate her. Our standpoints differ from each other as east from west. However, she is at least honest: she states her standpoint; she is not ashamed to state it. But I now want to tell her this. She is always doing this kind of thing. She is always trying to take up the cudgels for people who contravene the colour line, people who have sexual relations or who marry across the colour line, but she knows that it will not be she. It must be we Afrikaners or the English-speaking people.
Those are your personal thoughts.
It will not be she as a Jewess who does something like that. She will in this respect keep herself clean. But among our Afrikaners and the English-speaking people it must be allowed, and we must be spurred on to do these things. That is the hon. member’s attitude. That is in point of fact all I have against her. For the rest I have the greatest respect for her honesty in this connection. In this respect we are, as the hon. member for Prinshof said, bound to a certain norm in this country. The general norm in this country—and on this score the United Party and the English-speaking people agree with us—is that there should be no miscegenation, and that there should be no sexual intercourse across the colour line.
Do not do it then.
Who appointed the commission in 1938, or in 1939, to go into this matter? It was the United Party. [Interjection.] The hon. member for Yeoville, who has just interrupted me, must allow me to finish speaking. I did not annoy the hon. member when he was speaking. The United Party instituted the investigation, but the United Party did not give effect to the recommendations of the commission, despite its tremendous majority in this Home. After all, a war was brewing. Up to 1949 nothing had happened; then the National Party gave effect to it. If the hon. member now claims that this Act is intended to counteract immorality, she is wrong. That is not justified; that was not the case.
I did not say that. Read the law.
The hon. member alleged that. The hon. member wanted to know: “Why was adultery and the rest of it not punished?” When the Minister of the Interior introduced it, he stated very specifically that the purpose of the Bill was to check possible miscegenation as far as possible, and to promote racial purity as far as possible, even though the hon. the Minister also acknowledged that it would not be completely successful. That is the object of this Bill, and not to promote morality.
Various hon. speakers referred to the history of the 1927 legislation. Through that Act immorality, or sexual intercourse between White and Black, was prohibited. That measure was not opposed by the United Party. In 1949 there was the Mixed Marriages Act. In regard to that legislation as well there was no division, as the hon. member for Potchefstroom correctly said. That Party was afraid to vote against it, just as they are afraid for the hon. member for Houghton’s motion. The hon. members who discussed it at the time, was Dr. Colin Steyn and Gen. Smuts. They said that they did not think these matters could be controlled by means of legislation. That was their standpoint. However, when it came to the voting, they still failed to …
They did vote against the 1949 law.
They did not vote against it.
They did vote against the 1949 law.
They did not vote against it, not at the Second Reading …
And the Third Reading?
Why don’t you come to the position as it is today?
Yes, I shall come to the position as it is today. What is the actual charge today? The charge which is being made, is that this Act has failed completely. The first charge is that there is such a small percentage of successful prosecutions and convictions. The figure is approximately 50 per cent, or a little more than 50 per cent successful charges. What are the actual facts in regard to the matter? Now we must bear in mind what type of crime we are dealing with here. When one makes comparisons one must compare it to crimes of a similar nature. One must compare it to the same type of crime in order to determine what the percentage of convictions is. We are dealing here with crimes where you have to have recourse principally to accessories. When people commit immoral acts, they do not call a lot of people together to witness what is going on, so that you can then take them to court.
For what crimes does one then call people together?
What actually happens in most cases, is that the Police have to have recourse to an accessory or to an accomplice.
Or a gossipmonger.
No, not a gossipmonger, but to the evidence of the accessory. That is what happens. A similar crime is the receipt of stolen goods. There one also has to have recourse to an accessory. In the case of stolen goods, where one has to have recourse to accessories, the number of successful prosecutions is much less than in the case of this Act. It is much less. One must therefore compare similar cases in order to be able to make a true comparison. That is the one charge.
The second charge is the “fiasco of Excelsior”, as it is called. In the Excelsior case, things went wrong, and I explained it in this House. One is sorry that things went wrong, but it was not the first case in this country where things went wrong. That happens from time to time. I can mention a very important example of where things unfortunately went wrong, as they did at Excelsior.
Disclose that.
I shall not do so on this occasion, but I can do so.
Was it a murder trial?
As far as Excelsior is concerned, all that still remains to be settled between us and the United Party is the question of whether we were able to compel the accessories or accomplices to testify in terms of section 212 of the Criminal Procedure Act. I say once again that one was unable to do so, because then I would have had to grant indemnity to these Bantu women in terms of section 254. That the Attorney-General did not want to do, because they were as guilty as the men. Why should he then grant them indemnity? Indemnity is just not granted.
There are cases where that is done, although the parties are guilty.
They were the first to be charged, and if they had pleaded not guilty and the case had been proceeded with, the indemnity would have had to be granted. You cannot do it. The hon. member is a practising advocate, and I therefore cannot understand how on earth he cannot understand it. How on earth can one grant indemnity to a person against whom one wants to take steps? One grants her an indemnity to the effect that if she says the right thing, as it suits you, you will not prosecute her, although you want to prosecute her.
It happens every day in other cases.
It does not happen. I do not know to what cases the hon. member is referring. There is no such thing. If you want to proceed to prosecute the person, you cannot do so if you have granted the indemnity to the effect that you will not prosecute. That hon. member ought to know that.
Mr. Speaker, may I ask the hon. the Minister a question? I want to ask the hon. the Minister whether the most important respect in which the Act has failed is not perhaps the fact that it has not checked immorality? Is that not perhaps the most important aspect which the hon. the Minister should look at?
I shall quote Prof. Strauss’ opinion to the hon. member. The article appears under the heading “Has the Act as a deterrent proved worthwhile?” I think that is the point the hon. member wants to know. Prof. Strauss says—
That is the reply. The same applies to murder. I am continually being attacked because of the large number of capital cases and executions. There are up to 100 each year. Must we now abolish the sanction against murder because it does not deter people from committing murder? In this connection I should also like to refer further to the article by Prof. Strauss. Honestly, I have kept my eyes open and I take a great deal of interest in it, for this is a matter which one does not of course, from the nature of the case, casually overlook. One is not unsympathetic towards it. What I find to read about the subject, I read. That is why I read Prof. Strauss’ article very carefully. I want to say that a more objective article I have never seen. It covers inter alia, the argument that, because sex is involved, which is of course an urge in people, one must deal with it in a different way to other crimes. I have said in this House that it is a crime just as any other, and is punished in the same way. He says here—
He suggests that it ought to be done by criminal law. That is what is happening here. Then he makes further suggestions. He is of course opposed to the Act. He says—
This is not what I did not get from the Opposition. I did not get one single suggestion from them, even though there are such a great number of them in this House, except that the hon. member for Durban North made a suggestion in his amendment.
That is not a proposal.
I shall leave him at that.
The first proposal made by Prof. Strauss is the following—
Sir, I do not think there is one person in this House who is prepared to accept this proposal. It means that two persons must be allowed to have relations across the colour bar at least once. Then they must be summoned before the magistrate and must there in camera—their names must not be made known—be told: “Look here, you are doing something wrong; if it happens again, we will deal with you.” I reject this with the contempt it deserves. I think the hon. member for Transkei will agree with me.
The second suggestion he makes reads as follows—
This is the case. It happens quite often in fact that if the non-White woman is found guilty, the White man gets an attorney, is defended, and is found not guilty.
Surely both must be guilty.
Yes. That is why, administratively, it is done in such a way that she is immediately released after she reaches prison. But the fact still remains that the conviction still stands against her name. This is therefore an idea which one could consider. There is quite a lot to be said for this suggestion.
His third suggestion reads—
The hon. member expressed her disapproval of this.
Yes.
But this is an idea which is quite popular, i.e. that the people should be dealt with differently. Their names must not be disclosed, at least not until they are found guilty. I also received representations in this connection which I referred to Appeal Judge Botha, the commissioner who is at present sitting in regard to our criminal procedure. This is for him to consider as a suggestion. I will almost be amazed if he accepts it, but he will at least consider it. It is a suggestion. My own feelings about this are, why should one not do this with every crime if you do it with this one? One cannot distinguish between this offence and any other offence.
His last suggestion is—
That is true; there are quite a number. I looked up a few of them. Section 10 of the Official Secrets Act provides that prosecutions can be instituted after the Attorney-General has considered the case. Section 21 of the General Law Amendment Act, the sabotage clause, makes the same provision. Section 8 of the Terrorism Act makes the same provision, as well as section 3 of the Indecent of Obscene Photographic Matter Act. Administratively we have precisely the same provision in regard to certain liquor matters, as well as to the Sunday observance laws, namely that it must first be referred to the Attorney-General of the province concerned. Sir, I recently had the Attorneys-General of all the provinces, with the exception of one, in my office. I asked them a few questions in this regard. The first question I asked them was whether there was any reason to act differently in a section 16 case than in other cases. The general opinion was that there was no real reason to do so. One simply cannot justify it. That was their reply. I then asked them whether they were prepared to give instructions that this kind of prosecution would not be proceeded with before it had received their personal attention. They were unanimously prepared to give instructions in their various provinces that where persons are charged the dossier should first be referred to them before the case is taken further, so that they can give their personal approval before the prosecution is proceeded with. These instructions will go out after this debate has been concluded. In this respect I am able to accommodate the hon. member for Durban North. The last part of his amendment was already carried out on 16th February, 1971.
The only one you told was Jimmy Kruger.
Yes, I cannot see why I should have shouted it from the rooftops. For the rest, I really cannot see of what use an inquiry would be. If all of us together here, we who are the representatives of the various points of view of the people, and who are responsible people, cannot find a solution to the difficulties the hon. members see, then I do not know of what use such a commission will be.
We adopt political standpoints.
I have dealt with the suggestions here which I received; let me now also have some suggestions from hon. members on the opposite side and on this side. [Interjections.]
Why do you not appoint a commission then?
One appoints commissions to find out certain things, but not as a rule to lay down legislation. [Interjections.] The recommendations of a commission only serve as a guiding line. They can be accepted or rejected. Then hon. members on the opposite side are the people who accuse us of being a commission government. Why do hon. members now want a commission in this connection? Why do other hon. members on that side not also come forward with suggestions, as the hon. member for Durban North did who said that cases should first be referred to the Attorneys-General of the various provinces?
May I put a question to the hon. the Minister? Will the hon. the Minister say unequivocally whether or not he is satisfied with the operation of this Act?
In the circumstances, and from the nature of the crime, my reply is “yes”. Let us be very honest with one another. There is a very simple solution. All one need do is to stay away from Bantu women. That is all one need do. Surely that is very easy.
May I put a question to the hon. the Minister? I want to ask the Minister if he is entirely satisfied with the arrest of a completely innocent young man in the Excelsior case?
That is why we released him immediately. He was not asked to plead and was released immediately. The difficulty in regard to this matter is the psychosis which is being built up in regard to the Immorality Act. As I have already said, the solution to that is very simple. Our White must simply stay away from the other colour groups and vice versa. I shall furnish hon. members with figures of what is actually happening. I have here the number of convictions for the four years ending 1969. The convictions of White men with Bantu women was 769.
Can those Bantu women get maintenance?
Yes, if the Bantu women can prove that the White man was the father of her child, she can receive maintenance for that child. And there were no less than 394 cases where White men committed immoral acts with Coloured persons other than Bantu women. Altogether there were 1,163 convictions of White men. And the hon. member is always so concerned about underprivileged persons, and I am too. This Act partially offers protection to underprivileged persons because what really happens here? We are busy prostituting the underprivileged non-Whites. That is in point of fact what is happening. The hon. member ought to plead for greater protection. She ought not to plead for the abolition of this Act. For that same period the number of convictions of Bantu men with White women was a mere 22, of Coloured men with White women, a mere 18, and of Asiatic men with White women, a mere 13. That shows hon. members what is happening. It is our task and our duty to apply this Act in the most humane way possible. That is why I had these discussions with the Attorneys-General. We want to make certain that there was a proper case, and that there was no possibility of a person being summoned before the Court who could, at best, be found not guilty. That was the idea behind these discussions. Those are then the steps we are taking. I want to emphasize again that the solution is quite simple. One must simply not find oneself in this difficulty. It is our South African way of life, both of the English-speaking as well as the Afrikaans-speaking people, that one must not have intercourse across the colour line.
I am not making it compulsory.
You are not making it compulsory, but you are removing all barriers.
Mr. Speaker, I waited with real interest to see the actual standpoint which the various parties in this House would adopt in respect of the legislation and the motion. I think it is essential for us to strip this motion and its discussion of its non-essentials and to penetrate to the fundamental aspects. I do not think this House finds it difficult to understand and appreciate the hon. member for Houghton’s standpoint. After all, it is consistent with her political view. It is known that the hon. member for Houghton advocates an integrated society and that any obstacle in the way of this process of total integration, is in fact rejected by this hon. member. It is correct that this hon. member wants to bring about a process of equalizing the existing differences. Thus she could not motivate her argument and her standpoint with the human considerations which others have against this legislation. To her the most important aspect is not the stigma attaching to the alleged offender or his family as a result of prosecution in terms of this Act. Although I cannot agree with the hon. member, I at least appreciate the clarity with which she puts her point of view.
When we come to the hon. members of the United Party, however, we find ourselves in a strange position. We have repeatedly had the situation that the United Party tries to be everything for everybody at all times, and consequently suffers from political impotence. Just look at what has happened. The hon. member for Bezuidenhout adopted a standpoint in respect of what he alleged was petty apartheid. In addition, he said that section 16 of this particular legislation was the crudest and pettiest form of petty apartheid. The hon. member for Yeoville then made a typical rescue attempt by saying that the hon. member for Bezuidenhout was actually referring to the application of this Act. What happened then? The hon. member for Bezuidenhout came forward and gave a definition of petty apartheid. In short, his definition means that petty apartheid is the enforcement of apartheid measures without consultation with the groups affected.
That is only one of four elements in the definition. You are twisting …
Yes, it is only one aspect, but I want to apply it to the particular circumstances of the debate.
Order! The hon. member for Bezuidenhout must withdraw those words.
Yes, but may I then …
The hon. member must withdraw the words.
But that hon. member cannot make half a quotation.
Order! The hon. member must withdraw the words.
Then I say he is telling an untruth.
Order! The hon. member must withdraw the words.
Which words, Mr. Speaker?
That the hon. member for False Bay is twisting the definition.
I withdraw them reluctantly, but I withdraw them.
The hon. member must withdraw the words unreservedly.
Reluctantly, Sir …
The hon. member must withdraw the words unreservedly.
Very well, I withdraw them unreservedly.
The hon. member for False Bay may proceed.
It is obvious that it has in fact become impossible in the ranks of the United Party to reconcile the clashing opinions on matters of principle. I now want to emphasize that the hon. member for Bezuidenhout, as an honourable man, and taking into account his definition of petty apartheid …
It was a half-truth.
… taking into account his standpoint in that regard, should vote for the motion of the hon. member for Houghton. I think he is guilty. But what happened in addition? The hon. member for Bezuidenhout is the great exponent of the adverse effects of apartheid legislation. He is the apologist of the compassionate society. This Act forms part of that legislation, but the hon. member does not deem it worth the trouble to take part in a debate in which this Act is under discussion. And he has to ask the hon. member for Yeoville to step into the breach for him. In this way he naturally succeeds in avoiding having to state his viewpoint. Because what is the hon. members’ answer to problems? “Appoint a commission” is their answer. This commission must formulate the United Party’s standpoint for them. It must save them. But I want to ask the United Party what recommendation they are going to submit to such a commission? I think it is essential, in discussing the motion of the hon. member for Houghton, that we do not do so in isolation, but that we see it against the background of the existing complex composition of our population. In her idealistic aims, this hon. member can easily ignore the complexity of our society and the composition of our population. It is easy to do so.
But this legislation does not stand in isolation. It forms a pattern or a part of a pattern in which a whole society and its composition are reflected.
I am afraid the performance of hon. members on that side of the House actually means nothing more and must be regarded as nothing more than a method of deriving some sordid political advantage from certain circumstances and from certain standpoints, but especially from a complicated situation. I want to emphasize that this legislation represents part of a pattern which is aimed at the protection of communities, which is aimed at combating miscegenation, but especially at the orderly regulation of a society and a community.
Mr. Speaker, may I put a question to the hon. member?
No, I do not have time.
It is against this background that I want to take part in the discussion.
I want to ask whether that hon. member is exempted from…
Order!
Oh, that hon. member must simply keep Sea Point White by means of legislation or otherwise.
Mr. Speaker, it is a fact that the composition of the South African population precludes any easy solution. In addition, I want to say that outside South Africa there is no example of a country with a multi-national composition such as ours and which can profitably be held up to us. In principle the approach of which this legislation forms part is based on the fact that differences exist, that biological ethnic and cultural differences and differences in colour exist. Nobody who wants to make a contribution to sound relations in a complex society and who wants to help to solve these problems can ever ignore the existing circumstances. I find it difficult to imagine a more important factor in the destruction of human relations between White and Brown than in fact sexual intercourse over the colour line, and especially in respect of those who are born of such relationships.
I think one can only discuss this subject effectively if one asks this question and finds the answer to it: what is a criminal law system and what is envisaged by it? A criminal law system is nothing but a protective measure of a community, a protective measure of groups within a community. If one asks this question in respect of this legislation, which the hon. member for Houghton wants abolished, one finds that here the pure object of a criminal law system is implemented, namely the protection of communities. But the reason for the existence of both the pieces of legislation concerned must in fact be found in the mighty, I almost want to say, except for a few exceptions, total disapproval, in the South African way of thinking, whether it be Afrikaans or English speaking, of miscegenation in the first place.
The conclusion arrived at by the commission which investigated the desirability of legislation in respect of mixed marriages is known. Their recommendations were implemented in this legislation by the Government. On the one hand, the critics of this legislation, including the United Party, base their standpoint against the existence of this legislation on the tremendous social sanctions against and the stigma attaching to transgressors of this Act. But this very process contains the motivation, the reason for this legislation, because if public opinion places such a tremendous sanction on the transgressor and such a stigma is attached to him, it reflects the attitude of the society. This attitude is given legal expression by this legislation. It is true that where such a degree of disapproval of a particular practice or malpractice exists in a community, it usually leads to legislation. In this case it is no different.
I have heard of the sympathetic attitude, and I do not condemn it, but share it, towards the transgressor. I have heard of the sympathetic attitude towards the family of the transgressor, but I have heard no word of sympathy for the child born out of such a relationship. I have heard no word of the prejudice of society which such a child must suffer for a lifetime. He does not live in the well-to-do home of the father, but in the poor circumstances of the mother. Ask any social worker, male or female, to describe the circumstances which are found here.
I want to conclude by saying that this legislation represents a pattern. I say that at some stage or other the United Party will have to come to the conclusion that in order to have a share in governing, even as an Opposition, they will have to adopt a standpoint without asking for a commission to do so for them.
Business interrupted in accordance with Standing Order No. 32 and motion and amendment lapsed.
The House adjourned at