House of Assembly: Vol38 - MONDAY 20 MARCH 1972

MONDAY, 20TH MARCH, 1972 Prayers—2.20 p.m. RAND WATER BOARD STATUTES (PRIVATE) ACT AMENDMENT BILL

Bill read a First Time.

PROVINCIAL FINANCE AND AUDIT BILL

Bill read a Third Time.

RAILWAYS AND HARBOURS APPROPRIATION BILL (Third Reading resumed) Mr. W. T. WEBBER:

Mr. Speaker, we come now to the end of this debate on the Railway Budget for the year 1972-’73. During this debate, Sir, you and other hon. members have heard speakers talk about efficiency and you have heard of cases of inefficiency. Charges have been laid at the door of the hon. the Minister and of his Administration. But, Sir, I think the overall picture of this debate has been one of a department which is doing the best it can under the present circumstances, of a Minister who has been pragmatic, who has grasped the nettle, and who has flown in the face of Government policy in certain respects. It is no good the hon. member for Pietersburg trying to justify the action of the hon. the Minister in taking in non-White persons to do certain graded jobs in the Railways on the basis of its being a border industry or a “plekgebonde nywerheid”, because that argument just does not wash. I want to ask the hon. member for Pietersburg why he tries to make excuses. This is a step forward and it is a step which we, as well as members on the Government side, have welcomed. Why then he must make excuses, I really do not know. Let us just accept the fact that this has happened and let us all say that we are grateful for the fact that it has happened, and that we hope the example of this Minister is going to permeate through to his other colleagues, and that we are going to have a more realistic approach to this whole question of labour during the coming year.

As I have said, the general picture has been one of an efficient Administration doing the best it can under the circumstances. But there is one thing which I do not think has been made clear during this debate and which I should like to draw to the attention of the hon. the Minister. That is the image which his Administration has in the eyes of the public. People are getting into trains and are finding dusty seats and dirty corridors, and immediately the good name of his Administration suffers. People are consigning goods by rail and by road motor services; they are either being delayed or they are not arriving, or they are arriving damaged, or with half the consignment missing, and once again the good name of his Administration is being damaged. I recently had the unfortunate experience of winding up an estate in which a business was concerned, and had to write off over R3 000 in bad debts attributable to unpaid claims by the Railways Administration. These were claims for goods which had either not arrived, or which had arrived in a damaged condition. This sort of thing does not help the image of the hon. the Minister. A certain person here in Cape Town during the week-end described what had happened to him and asked me why this sort of case was not brought to the attention of the hon. the Minister when we have this sort of debate. A case of brandy was sent from a place no further than 40 miles from Cape Town. It took over three weeks to arrive here, and when it arrived there were four bottles out of twelve broken, none of which had pieces of glass in them. This is the sort of thing which is spoiling the image of the hon. the Minister’s department. Nobody can expect the hon. the Minister himself to go out and investigate this sort of thing, but I know that he can have it done through his officials. I do not say this this afternoon in a spirit of criticism; I believe that that time is past in this debate. What we want now is to have a more efficient Administration, and I think the hon. the Minister must take another look at the image which his Administration has in the eyes of the public outside. Let us try to restore that image, if possible.

I want to close with a particular plea to the hon. the Minister. I apologize for not writing to him before; this matter has only now been brought to my attention. We face in two weeks’ time the Easter week-end. There are tens of thousands of military trainees in camps throughout the Republic and South-West Africa. They are all being given a long week-end over Easter. I know that the Railways did make arrangements with the military authorities whereby they would take bookings from those authorities for those boys who wished to obtain rail and air passages home for the Easter weekend, but I have now been advised that there are thousands of these boys who have been unable to get bookings; there are insufficient means of transport for that week-end. There are not enough trains and there are not enough aircraft. I wonder whether there is still time for the hon. the Minister to consider the possibility of introducing special services over that period, particularly between the major centres. Here I think of Pretoria and Durban, Pretoria and Cape Town, and between Bloemfontein and Johannesburg, Durban and Cape Town. I am sure that it could lead to a very much happier Easter week-end for many families in this country if the hon. the Minister could see his way clear to providing such extra services. This appeal to the hon. the Minister has come not only from Cape Town, but from Natal as well. He knows what the alternative is. The alternative is that we are going to have thousands of these boys on the road hitch-hiking. The hon. the Minister of Defence has told us that he is against this. As a matter of fact, a specific instruction has been given that this is against the rules, but, Sir, he knows as well as we do, that if there is no public transport available for these boys, they are simply going to hitch-hike. I sincerely hope that we are not going to have a repetition of the Easter week-ends of the last few years, where we have had these tragic accidents involving military trainees because they have not been able to get public transport. I sincerely hope that the hon. the Minister will go into this matter and, if possible, lay on these extra services.

There is one further question which I raised briefly with the hon. the Minister during the Committee Stage, and that is the question of the elimination of level-crossings. Sir, this is a very thorny problem. We accent that the Minister’s ability to eliminate these level-crossings is limited; it is limited primarily by the finance which is available. But more and more instances are coming to my notice where undertakings have been given to eliminate level-crossings and where plans have been approved but we still do not get around to the elimination of these level-crossings. The hon. the Minister says that he has to consult with the Roads Department; he has to consult with the provincial authorities who have to bear a certain portion of the costs involved.

All I am asking the hon. the Minister is this: Please let us in some way speed up the elimination of these level-crossings. Sir, in my constituency we have three level-crossings on national roads, and just recently, within the space of two months, two motor-cars, including that of the district commandant, were taken at one level-crossing. Fortunately, nobody sustained any injury. Sir, is it beyond the wit of this hon. Minister and the very capable staff that he has behind him to do something about speeding up the elimination of level-crossings?

Business interrupted in accordance with Standing Order No. 136.

The MINISTER OF TRANSPORT:

Sir, let me deal first with the question of level-crossings raised by the hon. member. I do not know whether he has ever seen the annual report of the Standing Committee. Has the hon. member seen it? It has been tabled.

Mr. W. T. WEBBER:

Yes, I have read it.

The MINISTER:

If he has seen the report, he will know what has been done. The Committee does everything within its power to speed up the elimination of level-crossings but, as I explained to him, there is a lot of preliminary work that has to be done before the actual construction starts.

*Sir, whenever a member on this side of the House attacks the Opposition and then becomes personal, it is usually the hon. member for Yeoville who, with a very pious face, gravely objects to it. But I do not think that there is another member in this House who indulges in offensive personalities to the same extent as does that hon. member—as he once again did here on Friday. On Friday he dragged the Prime Minister into the debate by using an abusive nickname, heaven only knows why. The hon. the Prime Minister had nothing to do with that debate.

*Mr. S. J. M. STEYN:

What abusive nickname did he use?

*The MINISTER:

The hon. member knows very well what abusive nickname he used. The Prime Minister was not involved in the debate at all.

*The PRIME MINISTER:

I am not even aware of it, and coming from him, I do not take any notice of it anyway.

*The MINISTER:

Sir, I object to it. I think it really is a reprehensible thing to use abusive nicknames here. The hon. member may attack me as much as he pleases; he is perfectly entitled to do so, and he may attack the Government, but when a person has to use abusive nicknames because he is bankrupt of arguments, the level of the debate really takes a plunge. I hope that this will be a lesson to the hon. member and that he will not do it again. I am sure that in his excitement and in his eloquence he may have said things he regretted afterwards. If he reads his Hansard again, he will see what I am referring to.

*Mr. S. J. M. STEYN:

I do not regret anything.

*The MINISTER:

Of course not; the hon. member is as thick-skinned as the proverbial rhinoceros. He will never have any regrets; he will never be troubled by them. Sir, the hon. member was very indignant because I had poked fun at their shadow Cabinet. Apparently he has no sense of humour; he should be angry with The Argus, not with me for it was The Argus that published that “comic supplement” in which they gave a biographical description of the Leader of the Opposition and the members of his shadow Cabinet. All I did was to read from The Argus. If the hon. member is angry, he should be angry with The Argus, not with me.

*Mr. S. J. M. STEYN:

Did you not pass any comment?

*The MINISTER:

I did pass comment, but it was justified comment. But, as I say, the trouble is that the hon. member has quite lost his sense of humour. He cannot see when one is joking with him.

*Mr. S. J. M. STEYN:

I did not lose my sense of humour; I was forbidden to practise my sense of humour.

*The MINISTER:

I did not forbid him.

Mr. D. E. MITCHELL:

Which clause are you dealing with?

The MINISTER:

I am not dealing with a Black patrolman on the South Coast line at the moment.

Mr. D. E. MITCHELL:

Don’t try to be funny. Which clause are you dealing with?

The MINISTER:

No, I am not dealing with a clause; I am dealing with the Bill. This is the Third Reading of the Bill and not the Committee Stage. Does the hon. member not know that? In the Committee Stage you deal with the clauses of the Bill; in the Third Reading you deal with the Bill as a whole. Mr. Speaker, I do not know why the hon. member for South Coast is so concerned, because I mentioned him too when I dealt with the shadow Cabinet which will remain a shadow for all time to come. Is that why he is so indignant now?

Mr. D. E. MITCHELL:

No, I am not indignant; I am pleased to see that you are re-laying the whole of my South Coast line.

The MINISTER:

Mr. Speaker, we still have Black patrolmen there, so apparently the hon. the member has reconciled himself to the fact that we are employing Black men to do the patrolling duties. I am very glad to hear that.

Mr. D. E. MITCHELL:

But trained Black men.

The MINISTER:

I am very glad to hear that, because that fits in with the policy of his party.

Mr. D. E. MITCHELL:

What caused the derailment last week?

The MINISTER:

As soon as the committee reports, I will give the hon. member all the information.

Mr. D. E. MITCHELL:

Splendid! You do not know.

The MINISTER:

The matter is sub judice, and the hon. member knows that I cannot give him the information now.

Mr. D. E. MITCHELL:

It is not sub judice.

The MINISTER:

Sir, I do not want to waste my time on the hon. member for South Coast. I have more important matters to deal with.

*The hon. member for Yeoville once again asked for an impartial commission to be appointed …

*Mr. S. J. M. STEYN:

Not “impartial”; “authoritative”.

*The MINISTER:

Partial or impartial, but he did ask for a representative commission to be appointed to inquire into places where new harbours should be built in years to come. The hon. member waxed quite lyrical about that proposal of his. Now, these are harbours which may have to be constructed in 20 or 30 years’ time, for he said that we did not know what the industrial development and expansion in South Africa would be by the end of this century. Sir, in regard to the construction of harbours I just want to give the hon. member a little information which will perhaps do him a lot of good. We know what the physical possibilities are of all those places he mentioned. They were investigated over the years. I myself went to Kosi Bay to have a look at it, and the hon. member for South Coast was there with me. We looked at Richard’s Bay, and once again the hon. member for South Coast was there with me, and he agreed 100 per cent with the decision I had taken. We know what the possibilities of Sordwana Bay are; there is no bay at Sordwana, it merely has a sandbank which only has to be dug through, as is the case at Rietvlei, and then there would be an inland lake where the harbour is to be constructed. Sir, we know what Port St. John’s looks like. Physically it is quite impossible to construct a harbour there. As far as Port Alfred is concerned, it will never be possible to construct a harbour at the estuary of the river. I am referring to all the possible places mentioned here by the hon. member. We also know what Boegoe Bay looks like. It does not have a sheltered harbour or a sheltered bay; it is exposed. The hon. member was there and he knows this. We also know what Lambert’s Bay looks like. In other words, we know exactly what the physical features of all these places are, but I must tell the hon. member that it is not merely a question of the building of a harbour. In the first instance, one has to see to it, when a harbour is built, that one’s importers and exporters will use that harbour, and what they usually look at, is the shortest possible rail route from the major industrial complex on the Witwatersrand to the harbour. That is why the Durban harbour is the largest and busiest harbour in South Africa—because its rail route is the shortest and because the transit from Durban to the Witwatersrand, where the major industrial complex is, is the fastest.

*Mr. S. J. M. STEYN:

Lourenço Marques is a little nearer.

*The MINISTER:

Lourenço Marques is nearer, out has certain other adverse characteristics, and then Lourenço Marques is also blockaded. In the main, imports go through Durban, and exports, to a very large extent, and especially raw materials, go through Lourenço Marques. But then there is also another very important consideration. If one looks at East London, one finds that it has the advantage of harbour rates, but in spite of that the hon. members representing East London complained that the East London harbour was not being used; it is under-utilized, and the reason is that the importers and the exporters, those persons who have to use the harbour, do not make use of East London. Let us take the other places now. Kosi Bay has no direct link with the Witwatersrand. If a harbour were to be constructed there, it would mean a tremendous detour.

*Mr. S. J. M. STEYN:

Will Natal not overtake the Witwatersrand?

*The MINISTER:

Let me finish talking first; then the hon. member may talk again. Furthermore, strategically Kosi Bay is situated quite wrongly. It is almost on the Mozambique border. It is a beautiful, enclosed bay, and the water is deep, which makes it even more difficult to construct a harbour. St. Lucia is quite out of the question. Sordwana is no longer of any importance as a harbour, since it does not have any natural shelter. It is merely a sandbank which one would have to dig through, and then one would have to construct an inland harbour; what is more, it has no direct rail link. But Richard’s Bay does have a direct rail link with the Witwatersrand, with the Transvaal and Natal coal mines and with the maize-producing districts of the Free State and the Transvaal. Richard’s Bay is a beautiful natural bay. More expansion can take place there than could ever take place in Durban, and I anticipate that in the years ahead Richard’s Bay is going to become the second Durban, the second largest commercial harbour in South Africa. It is a beautiful bay and it is beautifully situated. Take the other places. Mossel Bay has been a harbour for a very long time, and there has not been any expansion. There is no direct rail link and there is no hinterland. Why should harbours be constructed at Boegoe Bay and the other small places? They have no rail links, and, in any case, if one has to build a railway, the distance to the Witwatersrand is greater than is the distance to Cape Town. There is no hinterland and there are no supporting industries.

*Mr. S. J. M. STEYN:

The same applies to a large extent to Saldanha.

*The MINISTER:

Precisely, but for that reason Saldanha is going to be used mainly as an ore-export harbour, because the direct link from Sishen to Saldanha is close enough to make it economically practicable. But in the years ahead I cannot see Saldanha ever developing into a major commercial harbour. That will not happen.

*Mr. S. J. M. STEYN:

The distance from Sishen to Boegoe Bay is shorter.

*The MINISTER:

No, it is not shorter. It has already been investigated by the consulting engineer of Iscor, and the shortest route from Sishen is to Saldanha, and not to Boegoe Bay. What is more, Saldanha is a beautiful natural bay, and in view of its deep water it is much better to build the harbour in Saldanha as an ore-export harbour than it would be to do so in Boegoe Bay, where there is absolutely nothing but desert, barren land forming the hinterland of Boegoe Bay. These are the reasons why we already know, and therefore it is quite unnecessary now to appoint all of a sudden a commission of inquiry to determine where the harbours may be built in the future, in the years ahead. When the time arrives for a harbour to be built—and I cannot see this happening very soon—all the particulars will already be in our possession. Then we shall consider all the factors, rail links and development in the vicinity of the harbour, and the harbour as a distribution point. All these things will be taken into consideration in the years ahead.

Now I want to come to another very important matter that was touched upon by the hon. member. Just before coming to the labour question, I want to say this. As far as the blind telephonists are concerned, last year already the hon. member for Kempton Park made representations in regard to the grading of the blind telephonists, and the matter was investigated thoroughly.

*Mr. S. J. M. STEYN:

I am not looking for credit at the expense of another hon. member.

*The MINISTER:

No, I know the hon. member never looks for political credit. He is very innocent in that respect. In any case, the matter was investigated thoroughly and discussed with the Staff Association, but it was found that in view of the accelerated rate at which the conversion to automatic exchanges was taking place, the stage would be reached within the next year or so where these telephonists would have to be placed in other posts. Furthermore, a higher grading for this group is something which would have a chain reaction, and one cannot deal with this one group only, for it would affect the entire Service. Therefore I am afraid that under these circumstances nothing can be done about it at the moment.

*Mr. S. J. M. STEYN:

Is it not possible for you to grant the blind a special allowance?

*The MINISTER:

No. There are numerous servants who are getting less than R180 per month. For the work they are doing, R180 is quite adequate.

Now I come to the labour question. Once again the hon. member made a very lengthy plea, ostensibly to prove that my labour policy differed from that of the Government. I want to state this matter very clearly today. I repeat that it is, and that over all these years it has always been, a fundamental principle of the National Party that the White worker should be protected against the undermining of his wage standards by cheap non-White labour and the ousting from his sphere of employment by non-White labour. This is a fundamental principle on which the entire labour policy of this side of the House is based.

*Mr. S. J. M. STEYN:

That also goes for this side.

*The MINISTER:

The second principle is that the Government and the Party stand for the controlled employment of non-Whites in jobs previously done by Whites, as I am already doing. The employment of non-Whites on the Railways is controlled employment. It is controlled employment with the consent and co-operation of the staff associations concerned. It is not a matter of my throwing open the doors and saying that the non-Whites may enter now. The employment of non-Whites is being controlled. But the hon. Opposition is simply obsessed with the word “Bantu”. They do not realize that there are also thousands of Coloured workers in the North, apart from those who are here in the Western Cape. There are, in addition, many thousands of Indian workers in Natal. They are always thinking of the Bantu only. When they make their plea, it is for the promotion of the Bantu and for absorbing the Bantu into industry. I said there was no colour bar in the Apprenticeship Act. After all, this is true. There is no colour bar in that Act. The Apprenticeship committees are responsible for the indenturing of apprentices. The apprenticeship committees consist of representatives of the employers as well as the employees. Up to now neither they nor the Apprenticeship Committee on the Railways has been agreeable to Bantu being trained as skilled artisans. Even on the Railways my trade union is not agreeable to Bantu or Coloureds being trained as skilled artisans.

But. Mr. Speaker, at the same time we must bear in mind that in the Cape Province there are numerous Coloureds who are being trained as skilled artisans. They are indentured as apprentices. In Natal this is happening in regard to the Indians. In the Cape Province alone approximately 90 per cent of the building industry is in the hands of the Coloureds today. We have here Coloureds who have been trained as printers. There are Coloureds who have been trained as motor mechanics. There is no impediment to this being done. They are permitted to do so, but in the northern provinces, no non-White person has up to now been indentured as an apprentice, because this is opposed by the trade unions in particular. That is why it does not happen.

*Mr S. J. M. STEYN:

But you say it is politics …

*The MINISTER:

The trade unions on the Railways are opposed to it. The Artisans’ Staff Association is not agreeable to non-Whites being trained as apprentices. But they themselves suggested that in order to meet the serious labour shortage I was to allow every skilled artisan to have two non-White assistants. That skilled artisan was then to undertake to train them, inter alia, as semi-skilled workers in the building industry. When they were trained, those three would be able to do more work than could previously be done by one person. In other words, the productivity would increase tremendously as a result. I agreed to that, and this is now being done as an experiment. If it is a success as far as the bricklayers and the carpenters are concerned, it could perhaps be extended to other trades as well.

*Mr. S. J. M. STEYN:

We hope you succeed.

*The MINISTER:

This is being done at the suggestion of the trade union itself. Here we have a great opportunity for the same thing to be done outside. It means that productivity will be increased. It means that there will more manpower at the disposal of the employers.

The hon. member took pleasure in quoting what was allegedly said in Rapport, the Afrikaans Sunday paper. I must say I am very glad about the free publicity Rapport is getting. I must also add that Rapport is a very close second to the Sunday Times as far as circulation is concerned, and what is more, Rapport has many more White readers than the Sunday Times has.

*Mr. SPEAKER:

Order!

*The MINISTER:

The hon. member Quoted from Rapport, and I merely paid Rapport a compliment by thanking him for the fact that he had given Rapport some free publicity.

*Mr. S. J. M. STEYN:

I wanted to give a reply to what was said in Rapport.

*The MINISTER:

I am coming to that. Now I want to discuss job reservation. I was personally responsible for section 77 of the Industrial Conciliation Act, for I drafted it in the days when I was still Minister of Labour. To my mind it is a very important and essential provision because the reason at the time—and this is still the case at present—was that the rate for the job afforded the White worker no protection. The hon. member probably realizes that wages are laid down and minimum wages are determined by industrial agreements, but when there is a shortage of labour such an employee is paid much more than the minimum wage. If there is no protection for the White worker, it means that the employer may dismiss his highly-paid workers and that he may take in non-Whites at the minimum wage. In such a case the rate for the job means absolutely nothing, for then it affords the White worker no protection. That was why it was so essential for section 77 of the Industrial Conciliation Act to be incorporated. Now, even if it does not apply to a large number of industries at the moment, this always hangs above the heads of the employers like a sword, and they know that they may not, or will not be allowed to, exploit or oust the White worker.

*Mr. S. J. M. STEYN:

I want to ask the hon. the Minister a question. Would the Minister admit that section 77 does not apply on the Railways and that it is the trade unions that are protecting the workers?

*The MINISTER:

No. Except as far as the registration of trade unions is concerned, the Industrial Conciliation Act is not applicable to the Railways or to the State. The difference is that the employees on the Railways know that they have a National Minister and a National Government that will protect them. [Interjections.]

For that reason section 77 is not necessary for the Railways, and as long as they have a National Minister, it will not be necessary. However. Heaven preserve them when they get a U.P. Minister ore day! Then section 77 would have to be made applicable.

*Mr. S. J. M. STEYN:

That is not true; that is just politics.

*The MINISTER:

That is the reason why section 77 exists. It is essential for the protection of the White workers, who must be protected against the undermining of wage standards by cheap non-White labour and the ousting of the White workers from their spheres of employment. It is not true that the non-Whites are not making any progress today, and it is not true that the Bantu, for instance, are being kept out of all the important spheres of employment. Does the hon. member know that 90 per cent of the semi-skilled workers in the engineering industry on the Witwatersrand are Bantu? Does he know that there are numerous, thousands of Bantu who are doing semi-skilled work? Does he know that there are thousands who are doing skilled work? I am not referring to trades, but to other skilled work. What is more, they have never been prevented from doing such work. This slogan is simply being raised for political purposes. They want to say that the Government is not making use of all the available manpower. There are at present numerous industries using Bantu in skilled and in semi-skilled work, and they have the fullest opportunity to do so. The Railways are employing Bantu to do semi-skilled labour, semi-skilled work previously done by Whites. What the hon. Opposition actually wants, is that the Government should create special facilities for the training of Bantu as skilled artisans. The Government is not prepared to do so, for those hon. members want to throw open the doors to unrestrained competition between Whites and non-Whites …

*Mr. S. J. M. STEYN:

That is untrue.

*The MINISTER:

… and then they hang it on the peg of the rate for the job. As I have already said, the rate for the job affords the White worker no protection at all. Those hon. members do not know what the rate for the job means. It affords the White worker no protection. The Opposition’s slogan is that all our available manpower, White and non-White, should be utilised. Surely this is what they are saying, not so? This is their slogan. They and their newspapers have repeatedly said that all the the manpower we have, White and non-White, should be utilised. The inherent part of the unrestricted utilization of manpower also includes that the White worker should then fall under the definition of “employee” in the Industrial Conciliation Act, but the hon. members must remember that the Bantu must come in and must come and work. After all, they must be afforded the opportunity of negotiating with their employers.

*Mr. S. J. M. STEYN:

Surely that is also the case under your policy?

*The MINISTER:

That is not something we stand for, surely. I am referring to the hon. member’s policy.

Mr. S. J. M. STEYN:

[Inaudible.]

*The MINISTER:

The hon. member gave me a frank answer when I asked him what their standpoint was in regard to the Mines and Works Act. He admitted what their standpoint was. Now I want to know from the hon. member whether they are in favour of the Bantu worker being included in the definition of “employee” in the Indus-Conciliation Act.

*Mr. S. J. M. STEYN:

That is a good question. We shall discuss it on the Labour Vote.

*The MINISTER:

Oh! If they are in favour of the Bantu worker falling under the definition of “employee” in the Industrial Conciliation Act, it means that the trade unions of the Bantu should be given official recognition. Are they in favour of that? You see, Sir, that is what we have to deal with. Those people are not prepared to be honest and to say what they stand for.

*Mr. S. J. M. STEYN:

No, not “you see”. How can I reply to such a question across the floor of the House?

*The MINISTER:

It is a simple question which need not be explained.

*Mr. S. J. M. STEYN:

I said that we would discuss it on the Labour Vote.

*The MINISTER:

In the past hon. members always said that they were not in favour of the official recognition of a Bantu trade union. Now they say that we should make use of the Bantu and that we should allow them to flock into industry into those jobs previously done by Whites. To test their sincerity, I am going to ask them whether they are in favour of the Bantu falling under the definition of “employee” in the Industrial Conciliation Act; if so, are they in favour of …

*Mr. S. J. M. STEYN:

If that were the only solution, I would have replied, but there are many other facets.

*The MINISTER:

There is no other solution, except the Bantu Labour (Settlement of Disputes) Act, which I placed on the Statute Book more than 20 years ago. That they no longer want. There is no other solution and no other way of solving this matter.

*Mr. S. J. M. STEYN:

Really, that is very superficial.

*The MINISTER:

If we bring in the Bantu, we should grant them the right to negotiate with their employers. We should, in that case, grant them the right to have their trade unions, and we should recognize the trade unions. The Bantu should be able to serve with the White Workers on the Industrial Council and the Conciliation Boards, and there it should be possible for them to negotiate. If the hon. members do not say that, their politics are dishonest as regards the standpoint they take in respect of the employment of non-Whites. As I have said, we expect a frank reply. When my colleague’s Vote is under discussion, I should like to hear what their standpoint is. I hope that it will not be another egg-dance.

*Mr. S. J. M. STEYN:

Every question you put to me, I can put to you in regard to the Railways.

*The MINISTER:

In the Railways I use the Bantu Labour (Settlement of Disputes) Act in respect of the Bantu. But the hon. member says that it is obsolete and that they no longer want it. It works well on the Railways. I am not saying that the doors should be thrown open for the Bantu to enter. It is they who are saying that we should utilize all the available manpower. That is what we are concerned with. We cannot get a frank reply on a clear standpoint. They are jumping about and doing egg-dances.

*Mr. S. J. M. STEYN:

The hon. the Minister is debating against his own imagination, for he is not debating on the facts.

*The MINISTER:

The trouble with those hon. members is that, on the one hand, they want to be very popular with the employers, and, on the other hand, they are afraid that they will not be popular with the employees. That is why we cannot get any frank reply from them. I have put here a pointed question to which I hope they will reply.

In the few minutes that are left, I want to straighten out a certain matter. The hon. member for Port Elizabeth North referred me to a report that was published in the Eastern Province Herald in regard to the matter that was raised here, i.e. that the new Blue Train should be given a name. In this report the following is stated—

The University of Port Elizabeth should be named after Paul Kruger, the last President of the South African Transvaal Republic. This plea came from the Nationalist M.P. for Port Elizabeth North, Mr. Potgieter. Failing that, however, Mr. Potgieter suggested that it might also be named after the late Prime Minister, Dr. Verwoerd, or after the Minister of Transport, Mr. Schoeman.

The hon. member never referred to the university, but he spoke about the Blue Train. I just wanted to put this right. The report is quite wrong.

The hon. member for Jeppe repeated what had already been said by previous speakers in regard to the Renewals Fund. All I want to say in that regard, is that at the moment the credit balance in the Renewals Fund is R189 million. The contribution for 1972-’73 is R120 million. Therefore, that fund is quite sound, and the hon. member need not concern himself about it at all.

We have come to the end of another Railway debate. The Railway Budget I presented this year, is not the 17th, but my 18 th one. To me it was a very pleasant debate, in spite of our occasional differences across the floor of the House. Furthermore, I think that it was a very fruitful debate. I trust that in the year that lies ahead the financial position of the Railways will improve so that I may present a much more favourable Budget to the House next year. That is possible; I have a great deal of confidence in South Africa. I am sure that an economic revival is going to take place, and I am sure that by the end of the next financial year the economic position in South Africa will be quite different from what it is at present.

Motion put and agreed to.

Bill read a Third Time.

SELECT COMMITTEE ON BANTU AFFAIRS (Consideration of First Report) The DEPUTY MINISTER OF BANTU DEVELOPMENT:

Mr. Speaker, I move—

That the House, in terms of section 38 of the Transkei Constitution Act, 1963 (Act No. 48 of 1963), approves the amendment of Part B of the First Schedule to the Act by the addition of the undermentioned matters in respect of which legislative power shall be transferred to the Legislative Assembly:
  1. “25. Legal Aid in any district mentioned in section 2 of this Act, but not within any area in the district of Matatiele or Port St. Johns which is not a Bantu area.
  2. 26. All health matters, inclusive of hospitalization of citizens of the Transkei in any district mentioned in section 2 of this Act, but not within any area in the district of Matatiele or Port St. Johns which is not a Bantu area.
  3. 27. The establishment, with the concurrence of the Minister of Bantu Administration and Development, of public holidays in the Transkei to substitute public holidays established by the Public Holidays Act, 1952 (Act No. 5 of 1952).
  4. 28. Amusements or entertainment tax in the Transkei.
  5. 29. The licensing, regulation and control of places of amusement and recreation in the Transkei and the imposition of a duty upon the licensee in respect of the takings thereat or of a charge based upon the payment for admission thereto.
  6. 30. Auction dues in the Transkei.
  7. 31. The restriction, regulation and control of horse racing, the prohibition, restriction, regulation and control of other racing and the restriction, regulation and control of betting and wagering (whether as to circumstances, locality or premises), the prevention, control and regulation of dissemination of information as to betting in the Transkei.
  8. 32. Licensing of totalizators and the imposition on the licensees of a duty in respect of the takings thereof; and licences, taxes and fees in connection with horse and other racing, betting and wagering, and the dissemination of information as to betting and wagering in the Transkei.
  9. 33. The establishment, control and management of libraries and library services in respect of citizens of the Transkei in any district mentioned in section 2 of this Act, but not within any area in the district of Matatiele or Port St. Johns which is not a Bantu area.
  10. 34. The establishment, control and management in the Transkei of museums, art galleries, herbaria, botanic gardens and similar institutions, and zoological gardens, aquariums, oceanariums, snake parks and similar institutions where live animals are kept for exhibition, except any institution which is subject to the provisions of the State-aided Institutions Act, 1931 (Act No. 23 of 1931).
  11. 35. The control and management of such places upon State land in the Transkei as the State President may reserve as being places of public resort, of public recreation, or of historical or scientific interest.
  12. 36. The establishment, control, management and regulation of cemeteries and crematoria and the regulation of matters relating to the removal or disposal of dead bodies in the Transkei.
  13. 37. Tourism in the Transkei inclusive of the development of the tourist industry in the Transkei and the development and improvement of travel services to and within, and of accommodation for travellers within, the Transkei.
  14. 38. Housing schemes for citizens in the Transkei.”
Mr. T. G. HUGHES:

Mr. Speaker, I have found it necessary on several occasions during this session of Parliament to tell this House what our policy is with regard to the granting of powers to Bantu to control their own affairs. I have to do so again this afternoon, because the sole purpose of passing this resolution is to give the Transkei Legislative Assembly more powers. When the Transkei Constitution Act was passed we stated our point of view very clearly. Our attitude is the traditional South African attitude. I want to quote from a speech made by Mr. De Wet Nel, the then Minister responsible for the passing of the Transkei Constitution, when the Second Reading of that measure was passed. He said that “the old principle that the Bantu in the homelands should be given an increasing measure of self-government was the principle contained in that Bill”. He also said :

In the Cape there was the well-known local Government system that was instituted under the Glen Grey Act of 1894. Under that Act self-government was given to locations and districts, and that was later extended to the Transkei and eventually it led to the establishment of the United Transkeian Territories General Council. The principle of giving the Bantu self-government in his own homeland runs like a golden thread through the whole of our history. Indeed, it is as much an accepted part of our traditional Bantu policy as the recognition of separate homelands for all the Bantu.

That is still our policy. Where we differ from the Government is with regard to the ultimate aim or end. We do not agree to the establishment of separate sovereign independent states. Where legislation with that object, or which forms part of the pattern of legislation with that object, is introduced, we will oppose it. One of the clauses in this Schedule is part of that pattern and we shall oppose its adoption. I now refer to item 27 which provides for the establishment of public holidays. Our national holidays are laid down in an Act of Parliament and only Parliament can abolish or amend those days. We have no objection to regional holidays being proclaimed for certain areas, such as the Transkei for example, and that the State President can do by proclamation. What the State President cannot do is to alter the days laid down in our Act. Our contention is that Parliament should give its concurrence to the alteration of our 12 national days. When a similar measure was introduced in this House giving this power to other local bodies, we objected and we proposed an amendment to make it possible for these homeland governments to establish holidays with the concurrence of the Senate and the House of Assembly. The amendment was rejected by the Government. With regard to this provision our attitude is the same. The position is simply that the Transkei Legislative Assembly could alter one of our national days with the concurrence of the Minister and it could have holidays in the Bantu areas of the Transkei which would not be respected in the urban areas of the Transkei in Umtata, Butterworth, Idutywa and other places. That is a difficulty which could possibly be overcome, provided the holidays of that nature, where the days differ in the two States, are not too many. But if this is to happen, this Parliament must give its concurrence. We shall therefore oppose this clause.

Then I want to discuss certain other matters appearing in the Schedule, matters which are not inconsistent with our policy of giving the Bantu powers to control their own affairs, but over which we have some misgivings. Item No. 25 in the report deals with legal aid. It reads :

Legal aid in any district mentioned in section 2 of this Act but not within any area in the district of Matatiele or Port St. Johns, which is not a Bantu area.

We have had an argument in this House about what is meant by the phrase “in any district”. This side of the House has contended that, as far as the Transkei Constitution Act is concerned, it excludes the Whites areas in the Transkei. However, the Government thinks differently. It is advised by its law advisers that where the words “in the district” are used, it includes the White areas. We know that there has been difficulty in supplying legal aid in the Transkei because of the difference in opinion between the two Governments. The Government of the Republic contended that it was a matter which they controlled, while the Government of the Transkei disputed that and said that it was a matter which fell under their jurisdiction. So the consequence has been that in the Transkei at the moment we have no legal aid. We all want legal aid, and this side of the House is prepared to do everything to help the Government resolve that dispute with the Transkeian Government, so that the residents of the Transkei can in fact obtain legal aid. But I want to know from the hon. the Deputy Minister—is the Transkei Government then to be responsible for giving legal aid to the White people and the Coloureds living in a White area in the Transkei? Does the Transkei Government now take responsibility for giving legal aid to the citizens of the Republic? I would be glad if the Deputy Minister would tell us that, because we do not want to have the position arising where only Transkei citizens can be given legal aid. I want to know if the Transkei Government has in fact accepted the responsibility for giving legal aid to all the residents of the Transkei; because once this measure is passed, it will mean they will control legal aid throughout the Transkei.

Then I want to continue with No. 26, which reads—

All health matters, inclusive of hospitalization of citizens of the Transkei in any district mentioned in section 2 of this Act, but not within any area in the district of Matatiele or Port St. Johns which is not a Bantu area.

If there was a comma inserted in the text, it would have read “All matters, inclusive of hospitalization, of citizens of the Transkei in any district mentioned in section 2 …”, and then we could not have had much criticism of it, because it would have applied only to Transkei citizens although we would still have had certain criticisms. But it does not read that way. It reads:

All matters, inclusive of hospitalization of citizens of the Transkei in any district …

It means all matters in any district. That is what we have been given to understand in the Select Committee, and that it in fact included the White areas of the Transkei.

Now I just want to get back to this question of the White areas in the Transkei. The contention now is—this is what we have been given to understand in the Select Committee, when this Schedule was adopted—that all health matters in the White areas as well as in the Bantu areas are now going to be handed over to the Transkeian Government. When the Transkei Constitution Act was passed, the Minister, Mr. De Wet Nel, dealt with the description of the Transkei. I want to read what he said in Hansard (Vol. 5, col. 2374)—

Ek sê weer hulle sal daaroor moet besluit, maar ek glo dat vir geslagte sal hulle nog deel wees van die Republiek van Suid-Afrika …

He was talking about their becoming independent or not. He continued:

… want hulle besef waar hulle voordeel lê. In klousule 2 word die gebied wat die Transkei uitmaak, beskryf. Dit word duidelik gestel dat die Transkei sal bestaan uit die Bantoegebiede van die 26 Transkeise district wat in hierdie klousule genoem word. Die blanke dele van hierdie district en ook die sogenaamde wit kolle wat hoofsaaklik bestaan uit die blanke dorpe in die Transkei, vorm dus nie deel van die Transkei waaroor die Bantoe bestuursmagte kry nie. Verder stem die gebied soos hier omskryf, presies ooreen met die gebied waaroor die bestaande Gebiedsowerheid van die Transkei reeds nou regsbevoegdheid het. Waar ons dus voortaan in hierdie wetsontwerp van die Transkei praat, moet dit steeds gelees word as die Transkei soos hier in klousule 2 omskryf.

In other words, it is exclusive of the White areas. Sir, I have raised this before, and the hon. the Deputy Minister tells me that that is not the view of the Government, despite that assurance given by Mr. De Wet Nel. I am told that we on this side of the House are wrong because the Transeian Government already has control of the courts in the White areas. Sir, the courts were specially dealt with, and I want to read what Mr. De Wet Nel said about the courts. He said (Handard, Vol. 5, col. 2377)—

Nou kom ons by justice. In klousules 48 to 50 word die volgende voorsiening met betrekking tot howe in die Transkei gemaak, nl. (a) dat die bestaande laerhowe, d.w.s. landdros- en Bantoesakekommissarishowe kan aan die Transkeise regering oorgedra word en daardie regering sal ook, waar nodig, howe ooreenkomstig die Magistraatshowewet en die Naturelle-administrasiewet kan stig, of, indien hy dit verkies, wetgewing aanneem om sy eie howe te stig, maar met die voorbehoud (i) dat hy nie enige howe in die wit kolle kan stig of ontbind sonder die toestemming van die Departement van Bantoe-administratie nie, en (ii) dat die Republikeinse Regering waar nodig sy eie howe in die wit kolle kan skep en in stand hou vir die verhoor van sake wat in sulke wit kolle ontstaan, of vir die verhoor van sake waarby nie-Transkeise burgers betrokke is; (iii) dat die jurisdiksie van howe wat die Transkeise regering volgens sy eie wetgewing kan skep nie hoer mag wees as dié van die gewone landdroshof in die Republiek nie; en (iv) dat die Prokureur-generaal van die OosKaapse Afdeling van ons Hooggeregshof sy gesag behou om sake ooreenkomstig artikel 59 van die Kriminele Prosedure Wet, 1955, van een hof na ’n ander oor te plaas, hetsy binne of buite die Transkei.

I want to point out to the hon. the Deputy Minister that special mention is made of the courts. Special powers are given to the Transkei Government to establish courts in the Transkei, but the Government reserves for itself the power to intervene when these courts are established, and the Minister retains the right to establish courts and to hear cases where non-Transkeian citizens are involved. Furthermore, the Attorney-General can at any time intervene and transfer a case from any court to another court, if he thinks fit. Sir, as far as the courts are concerned, the matter is specially dealt with. It is therefore quite wrong for he hon. the Deputy Minister to mention the courts to me as being an example of how the Transkei Government can take over matters in the White areas. This is important because in sections 48 to 50, dealing with courts, the Government took for itself certain powers, but in terms of section 37 of the Transkei Constitution Act, once the Transkei Government is given power to legislate in any matter, this Parliament cannot interfere. Section 37 states inter alia

  1. (1) Subject to the provisions of this Act, the Legislative Assembly shall have the power—(a) to make laws not inconsistent with this Act in relation to all matters appearing in Part B of the First Schedule to this Act …

We are now going to amend Part B—

… and (b) to provide in any such law for the amendment or repeal of any law, including any Act of Parliament, in so far as it relates to any such matter and applies in the Transkei or to any citizen of the Transkei whether such citizen is or is resident within or outside the Transkei.

Once the Transkei Parliament is given the power to deal with this matter, it can pass legislation repealing our Act of Parliament; it takes over complete control. When Mr. De Wet Nel introduced the Second Reading of the Transkei Constitution Bill, he dealt with the different matters which they were going to control and which were included in the Schedule to the Bill at the time. He said that they were responsible people and that they did not want to take control of matters which they were not qualified to control. He said—

Dit is ook een van die mooi verskynsels vir my. Daardie mense het gesê: Ons kan nie te vinnig gaan nie; julle moet vir ons help. Daar het nou al ’n een-parige versoek gekom dat hulle nie nou al gesondheidsdienste wil oorneem nie. Hulle wil nie nou al dit en dat oorneem nie, want hulle het nie die mense daarvoor nie, en hulle sê: Gee ons eers kans dat ons die nodige ontwikkeling ondergaan, en dan kan ons later weer oor hierdie sake praat. Dit is ’n groot mate van verantwoordelikheid wat hulle hier aan die dag lê.

Now I ask the hon. the Deputy Minister: Does he honestly think that the Transkeian Government is in a position to take over health in the Transkei? How can they administer health in the Transkei? What trained officials does the Transkei Government have of its own? Mr. De Wet Nel said that they wanted to develop first so that they could control these matters themselves. We know they have no doctors of their own. There are a few in private practice, and one or two, I think, in the hospital at Umtata, but how can they take over all other matters? If they are given this power, they will take over all health matters in the biggest towns in the Transkei, like Umtata, Butterworth, Idutywa and Engcobo. This will mean that the provincial authorities are going to lose their control. At the moment the Provincial Administration controls health matters, and the Government controls matters relating to infectious diseases. We say it is not right to give these people, at this time, the power to take over all health matters. Disease knows no boundaries, and we should be very careful that we do not jeopardize the health of the people, not only in the Transkei, but outside the Transkei as well. The Minister of Health ought to know better than anybody else what the position is in the Transkei. He knows that he is having trouble at the moment in the hospital at Umtata. Things are not running smoothly there and he knows that very well. The Department of Health has taken over health matters in the Transkei. Why can the Department of Health not continue to administer health in the Transkei? Sir, if this measure is passed it means that the Transkei Government can overrule the Department of Health in the Transkei because they can pass their own regulations. I do not see why it is necessary at this stage to give the Transkei Government these powers. The Minister of Health is sitting here and I want to ask him: What happens to the non-Transkeian citizens in the hospitals at Umtata and Butterworth? At the moment there is provision for White and non-White patients there and the province still has some responsibility for the White patients. Although health matters have been handed over to the Department of Health I understood from the officials on the Select Committee that if the White people in the White areas have complaints about health matters, they can still approach the province and it is the province’s duty to look after them; the province will then take up the matter with the Department of Health. There are too many people in charge of health in the Transkei at the moment. There is the province, which was originally responsible and, from what we understand, still has some responsibility. Then there is the Department of Health, and now the Transkei Government as well. If the Transkei Government wants to take over health for its own citizens in the Bantu areas and they feel they can manage it, it is their own responsibility, although we say it is wrong, that they cannot do it at the moment because they are not equipped to do it. What we object to, however, is giving them the power to take over all health matters in terms of this clause. Therefore we shall oppose this clause.

Then I want to come to clause 36 which deals with the establishment, control, management and regulation of cemeteries and crematoria and the regulation of matters relating to the removal or disposal of dead bodies in the Transkei. This clause, of course, only refers to the Transkei, so it will not deal with the White areas at the moment. Sir, when the Government first embarked on the plan to give the Transkei self-government, they appointed a commission, which became known as the Heckroodt Commission because Mr. Heckroodt was the chairman, to go into the position of the Europeans and their rights there. After receiving the recommendations of this commission, the Government issued a memorandum on the decisions of the Government with regard to the important recommendations of the commission. The commission dealt with cemeteries, amongst other things, and it recommended that cemeteries where White people were buried should be excluded from the control of the Transkei Authority. The recommendation reads as follows—

The Commission recommends that on transfer to the Transkeian Government it be made a condition that the present cemeteries shall in the event of any future lease of the said sites, the land on which the cemeteries are situated, be excluded from such lease. In any other decision affecting the disposal of the land on which the cemeteries are situated, it shall be a specific condition that the cemeteries shall be reserved and remain undisturbed.

The decision of the Government was this—

The Government has noted the recommendation of the Commission and it has been decided to take such steps as it may deem expedient to protect cemeteries.

I want to know from the hon. the Minister what steps the Government has taken to protect the cemeteries. It was suggested by the Deputy Chairman of the Native Affairs Commission, who was the chairman of the Select Committee, that we should raise the matter in this Chamber and that we would then be told what steps had been taken to protect Transkeian cemeteries which may form part of the Bantu areas. I hope that the hon. the Deputy Minister will give us a full answer on this point. It may be necessary for us to take further steps during the course of this discussion, but at the moment I move—

To omit items 26 and 27 of the proposed additions to Part B of the First Schedule to the Transkei Constitution Act.
Mr. L. F. WOOD:

The hon. member for Transkei has dealt with the question of all health matters as defined in section 26 of the matter before this House. I wish to deal in a more specific manner with health matters concerning the indigenous Xhosa folk themselves. I submit that under this Government the services at present being offered to these people are inadequate, or are hardly coping, and I submit also that as far as essential statistics are concerned, these are incomplete or non-existent in so far as these particular health matters are concerned, and in so far as the Bantu personnel, available to serve in the Transkei, are concerned. As late as 1969, when one sought reliable data of what the position was in the Transkei in regard to medical practitioners, dentists, veterinarians, chemists and druggists and nurses, the answer was always the same, that reliable or accurate information was not available. In 1971, when a request was made for some sort of projection or estimate, I was told that it was not practical to make an accurate estimate of what the position was in the Transkei. Well, Sir, that being the position, I believe it is my duty to inform the Minister of what the actual position is, and then he can see just how bad the position could be in the Transkei. The latest figures which are available show that the number of Bantu doctors for all the homelands is nine, and just in passing I would say that 144 Bantu doctors have qualified at the University of Natal since the institution of the course. The number of dentists to serve all the homelands, is nil. However, there is one ray of light. One student, I believe, is registered at the School of Dentistry of Witwatersrand University. The number of chemists and druggists for all the homelands is four. There are no veterinarians available and the total number of Bantu nurses available, again for all the homelands, is just over 3 000. I want to ask the hon. the Minister whether he is in a position now to give this House more specific details, because we on this side of the House feel that it is completely impracticable and unrealistic to allow legislation of this nature to go through the House unless we have the information, and unless we are satisfied that the information will lead to some sort of practical solution of the health problems in the Transkei. I ask this because health services are now to be provided by the Transkei itself, to serve approximately 2 million Xhosa and other Bantu in the Transkei.

Mr. T. G. HUGHES:

And the White people and the Coloured people.

Mr. L. F. WOOD:

Yes, and the White people, as the hon. member for Transkei indicates. They are not excluded from this. I want to ask the Deputy Minister where the professional Bantu will come from and what ratio of Bantu professional men to population does he envisage will provide even a skeleton health service to meet the needs of the Transkei.

I also want to refer to the question of hospitals in the Transkei. Can the Minister supply us with the latest figures in regard to the personnel and the facilities in the hospitals in the Transkei? This too has been something which year after year this side of the Hose has sought to drag out from the Government in detail, but with very limited success. My information at the moment is that there are two State hospitals in the Transkei. The hon. member for Transkei has referred to the one in Umtata. There are 20 mission hospitals, providing roughly 2 700 beds for the whole of the Transkei; that all the doctors and medical superintendents serving in the mission hospitals are at the moment White and that nine of the 20 mission hospitals, at the latest survey, claimed that they had insufficient White medical doctors to serve these mission hospitals. I believe that this is an important aspect, but another aspect perhaps to which the hon. the Deputy Minister may be able to provide a satisfactory answer, is this. How will he be able to draw the Bantu medical personnel from other areas to serve the Xhosas in the Transkei if the present salary position is such that a Bantu doctor receives just over half the salary of a White doctor whom he will be called upon to replace; and then, if he is able to get them, what will happen if once the Transkeian Government is given authority and power over the administration of health and they decide, in order to maintain some sort of health service, that they are going to pay their Bantu doctors a wage commensurate with their qualifications, much higher than the one which pertains in the Republic or which will pertain in other Bantu homelands which will still be less autonomous than the Transkei? I ask the hon. the Minister these questions because I believe they have a vital and important part to play in this discussion. But if the hon. the Minister is not able to obtain personnel in the highest qualified categories, viz. the doctors, dentists, veterinarians, chemists and druggists what are his plans and what statistics has he to indicate that people such as health assistants, health inspectors, medical technologists, radiologists and physiotherapists are available? If they are not yet available what adequate plans has he to ensure that they are going to be provided? As I see the position, it will be many years before the Transkeian Government can accept the training of personnel of that description.

Then there is another aspect and I hope the hon. the Deputy Minister will be able to give me an answer. I learnt from the hon. the Minister of Health that in so far as medicine men, medicine women, “nyangas” and “sangomas”, herbalists and what have you, are concerned, approximately 841 licences exist. The Department of Health indicated that it is not possible to give a break down as to how many existed in these various categories. Is it the intention of the Department of Bantu Administration or take over the control of “nyangas”, medicine men, “sangomas”, herbalists, etc.? If it is, will the hon. the Deputy Minister give some indication of how he intends to effect some control over these people? Then there is the 64 000 dollar question arising out of this matter, namely: What will the Department of Bantu Administration or this Government do if once the Transkeian Government has taken over health control, it is unable to obtain a sophisticated personnel to treat their own Xhosa people and they revert to the use of medicine men, medicine women, herbalists and other people? Would this be a desirable step? Would it be a step that would be in the interest of the people in the Republic of South Africa? I ask the hon. the Deputy Minister whether he could give this side of the House some clarity upon these matters.

Mr. W. T. WEBBER:

Mr. Speaker, ah interjection was made as I got up, asking members on the other side where their speakers were. I must also register my protest and exception this afternoon that Government members of the Select Committee on Bantu Affairs are not taking part in this debate. During the debate of these matters in the Select Committee certain questions were put not only to the chairman but to the officials who were present at that Select Committee meeting and we on this side of the House were given an undertaking that those questions would be answered during this debate. They were unable to answer them during the discussions in Select Committee. What has happened here this afternoon? We are now coming to the end of this debate and we still know no more than we did when we started it. There were specific questions particularly put with regard to the question of health and with regard to the question of cemeteries. It was in that spirit that we have come prepared for this debate to hear the replies to the queries we put to the Select Committee. Based on those replies we will determine our attitude towards this particular resolution. We find ourselves now in the position where we cannot determine our attitude towards this resolution, because we do not know what we are voting for.

During the hearing of the Select Committee the officials, members and chairman of that Select Committee could not give us replies to the questions we put.

Mr. M. S. F. GROBLER:

Repeat your questions.

Mr. W. T. WEBBER:

It is no good that hon. member saying that I must repeat my questions. He is a member of the Select Committee; why does he not get up? He heard the questions in the Select Committee. He knows what we were discussing. We have had no reply at all; this is merely a waste of the time of this House to have a Select Committee which should thrash these things out. Here we have to come and, in the words of that hon. member, put our questions again. We must start all over again and have the same debate as we have had in the Select Committee, now in this House. Only after we hear the reply of the hon. the Deputy Minister will we be able to decide our attitude towards this matter. I refer particularly to item 36, “the establishment, control, management and regulation of cemeteries and crematoria and the regulation of matters relating to the removal or disposal of dead bodies in the Transkei”. It says “in the Transkei” but as has been pointed out by my hon. friend from Transkei, doubt exists as to what exactly is meant by “in the Transkei”. Does it include the White townships? Does it include only those portions of the White townships which have been zoned Black? What exactly is being handed over to the Transkeian Government in terms of this? What are we being asked to hand over to them? When we pointed to the undertaking which had been given in terms of the White Paper, that these would be reserved in perpetuity and when I asked the Select Committee what exactly was planned, we could not get an answer. However, when I suggested a solution, I was told that I would get an answer during the discussion this afternoon. I submit that if I get that answer from the hon. the Deputy Minister when the debate is over, it is too late, because depending on that answer we on this side of the House might move the deletion of item 36 as well. I hope that we shall get a reply from one of the hon. members on that side of the House who is a member of the Bantu Affairs Select Committee. We are faced with the position that generations of White people are buried in the Transkei, but now we are handing over the control of these cemeteries to the Transkeian Government. We are handing it over without any guarantee whatsoever to the Whites in regard to the maintenance and the control of these cemeteries. I advised members of the Select Committee that the same position was faced in Zululand a few years ago, particularly with regard to the cemeteries at Somkele and Hlabisa where a special arrangement was made and a servitude in favour of the public was granted over those cemeteries. I suggested that as a possible solution in this case and we were promised an answer here this afternoon. We did not get that answer.

The DEPUTY MINISTER OF BANTU DEVELOPMENT:

You will get it.

Mr. W. T. WEBBER:

The hon. the Deputy Minister says that we shall get it, but as I have pointed out when we get that answer, it will be too late because it will be too late for us to move an amendment to delete this item 36 if the answer is not satisfactory.

The MINISTER OF HEALTH:

You are working yourself up into a state.

Mr. W. T. WEBBER:

It is all very well for the hon. Minister of Health to talk about working himself up into a state.

The DEPUTY MINISTER OF BANTU DEVELOPMENT:

He was talking about you.

Mr. W. T. WEBBER:

I am not worried; it is your blood pressure that is going up. The hon. Minister says that I am working myself up.

Mr. SPEAKER:

Order! Will the hon. member address the Chair and leave the other members alone?

HON. MEMBERS:

Hear, hear!

Mr. SPEAKER:

Order!

Mr. W. T. WEBBER:

Mr. Speaker, I will address the Chair. I want to put my position clear. My grandparents and my great-grandparents are buried in the Transkei. My wife’s grandparents and her father and brother are buried in the Transkei as well. Once the Transkei has taken control of these cemeteries, will we have access to these graves? Will we have any guarantee that they will not be ploughed over? Will we have any guarantee that we will be able to go there to pay homage as we have been used to?

Mr. G. D. G. OLIVER:

Is it still such a joke, Carel?

Mr. W. T. WEBBER:

This is the joke the hon. the Minister of Health is talking about. This is a serious matter, and it is no good his coming with these snide remarks because they are not called for from a person in his position. [Interjection.] I quite honestly do not know what to say further with regard to this item 36 because we have not received any reply from the other side of the House.

Mr. SPEAKER:

The hon. member has made that point over and over again.

Mr. W. T. WEBBER:

I want to make our position and our attitude quite clear with regard to these powers which have been asked for. We have repeatedly made our positions clear, namely that we are not opposed to the handing over of powers to the Bantu authorities. We believe that this has to be done and we believe that they have to be assisted and led to the point where they can take over these powers. The hon. member for Transkei and the hon. member for Berea have pointed out that certain duties and certain powers which it is suggested should be handed over, are beyond them at this stage of development. We believe they do not have the people available to do the work and that they are not in the position to shoulder the responsibility which this Government intends to hand over to them now.

The first three items have been discussed by the hon. member for the Transkei. We are being asked to hand over the power to legislate in respect of the control of entertainment tax and of recreation and to legislate on the auction dues to be payable in the Transkei. We have no objections to this at all. We believe these are powers they should have and we believe it is right to give them to them. This also applies to the control of horse racing, the licensing of totalizators and, of course, the maintenance of library services. I sincerely hope it is going to be made possible for the Transkeian Government to maintain the library services at least at the standard which is being maintained today by the provinces. The establishment of museums, art galleries, etc., is something else which is now going to be handed over to them. We have expressed doubt in the past with regard to their ability to administer such things as herbaria, botanic gardens, zoological gardens, aquariums and oceanariums. I do not think there is any need to say any more on this matter. I sincerely hope we will now get some answers to the questions which have been put.

Dr. E. L. FISHER:

Mr. Speaker, in the Minutes of Proceedings of Friday, 3rd March, of the House of Assembly, Item No. 8 says :

Mr. P. Z. J. van Vuuren, as Chairman, presented the First Report of the Select Committee on Bantu Affairs, as follows : Your Committee, having considered the memorandum referred to it on 11th February, 1972, begs to recommend …

and so on, but Mr. Van Vuuren is not here…

Mr. L. F. WOOD:

Perhaps he has gone to Oudtshoorn.

Dr. E. L. FISHER:

I do not know why he is not here but I think it is most important for this House to have the gentleman who introduced this, present in the House so that he can explain away those objections which we on this side have put forward, through the hon. member for the Transkei. I am also surprised that, up to now, the hon. Minister of Health has not come into the debate and given good and sufficient reasons why the services referred to in Item 26 of the Report, namely all health matters, inclusive of hospitalization of citizens of the Transkei in any district mentioned, should be taken over by the Transkei authorities. I want to warn this House that, if we allow this to go through this afternoon, we may find ourselves in serious trouble as far as the health of the whole of the country is concerned.

*An HON. MEMBER:

You don’t say!

Dr. E. L. FISHER:

I am quite serious about this.

The MINISTER OF HEALTH:

What is happening in Lesotho?

Dr. E. L. FISHER:

For years we have been pleading with the Government to provide sufficient facilities for non-Whites to be trained as doctors. The facilities have been limited in the past. Up to this day the great hospital in Johannesburg, Baragwanath, still has its doors closed as far as the training of Bantu is concerned because it happens to be under the jurisdiction of the University of Witwatersrand.

The MINISTER OF HEALTH:

Natal can take many more non-European students.

Dr. E. L. FISHER:

I told the hon. the Minister some years ago how difficult it is for a Bantu student to have to go and live in Natal, to pay his fees as well as his accommodation, when he comes from Soweto, which is next door to the Baragwanath Hospital.

The MINISTER OF HEALTH:

I had to go to Johannesburg to learn.

Dr. E. L. FISHER:

I want to ask the hon. the Minister why he has not taken steps to provide more than one dentist to supply Dental services for the benefit of the Bantu. He cannot hide these deficiencies. These are his responsibility. Not only are there all these deficiencies in the medical services, such as the failure to provide sufficient staff in hospitals, both male and female doctors, and nurses in all stages of training, but he has not even provided sufficient health officers, to carry out the provisions of the Public Health Act.

The MINISTER OF HEALTH:

What is happening in Lesotho?

Dr. E. L. FISHER:

If we allow his measure to go through, the preventive services in the Transkei may be endangered. The curative services will suffer for certain. Up to now we have been one State in South Africa and the White doctors have been prepared to help wherever possible. The mission hospitals have done their best to bring in people from outside to help. The hon. the Minister knows that provision has been made for doctors whose qualifications are not as high as the qualifications of those doctors who come from countries where there is reciprocity, to come and assist us. In spite of the shortages that there are at present, particularly in the Transkei, the present hon. Minister wants us to give over the health services to the Transkei. Let us make it quite clear. I do not say that the Bantu of the Transkei cannot do this, but I do say that he has not been trained to do it now. We must go out of our way to train as many as possible as soon as possible to give them a service which it is imperative they should have. The White people cannot continually provide these services that are required by the growing population of the Bantu.

The MINISTER OF HEALTH:

May I ask the hon. member a question? I want to ask the hon. member whether our medical schools must set exactly the same educational qualifications for non-Whites as for Whites when accepting them as medical students.

Dr. E. L. FISHER:

Of course we must! There must be only one standard in South Africa and that must be the best standard. It matters not whether the man be White, Brown or Black. We want the best possible standards, and if the Minister does not open the doors of those universities and hospitals which can produce the best, the blame is on his shoulders.

Mr. SPEAKER:

Order! The hon. member must come back to the resolution.

Dr. E. L. FISHER:

This is basically the cause and reason why we are objecting to this item. The Bantu does not have the wherewithal to carry out the services and if the services in that part of the country fail, the failure will spread right through the country. We are not dealing with a demarcated area where there is a high wall through which disease cannot pass. What happens in the Transkei is our business here, and for that reason we ask that the safety of all people in South Africa whether they be living in the Transkei or in any other areas, be secured. The only way we can secure it at this stage is to keep it in the hands of the South African Government.

*The DEPUTY MINISTER OF BANTU DEVELOPMENT:

Mr. Speaker, this matter was dealt with very widely by the Opposition and I therefore want to give attention to it first. I want to say at once that recently a considerable political issue has been made of these matters in this House, which is what usually happens. This affords me an opportunity of subjecting these matters to a little analysis. The hon. member for Pietermaritzburg District would very much like to dramatize each of these minor matters. I listened attentively to hear whether the hon. member perhaps had a case. He objected to the fact that not all the members of the Select Committee are present here, and did not participate in the discussion. It is of course the approach of this side of the House that we do not reply unnecessarily to the Opposition on the same point two or three times. If it should appear to be necessary, members of the Committee may also participate in this debate. However, I want to tell the hon. member for Pietermaritzburg District that I had difficulty in establishing precisely what he was complaining about, apart of course from the fact that he wanted to dramatize this. If I had to characterize him now, I would say that he has become a kind of political dog slaughterer. He wants to attract attention; I feel that this is really a negative approach. Although we may perhaps differ here over national problems, we must not try, unnecessarily, to inflate matters out of their context.

In regard to this matter of granting greater responsibility to the Bantu areas, it is of course a matter in regard to which our general political viewpoint differs completely from that of the Opposition. They say that they are in favour of rights being granted to these people, but these have to be selected and should be granted only on certain levels. But they have not yet succeeded, as far as the general political context is concerned, in indicating to us how the Bantu are going to come into their own, politically, and what share they are going to have. We hear that there are interim arrangements. We hear that matters will be dealt with on a basis of co-operation or some or other form of overall contact; we have no clear picture. Now the gentlemen say here that we want to create independent states, states on the way to independence, and want to give them certain rights; that is correct. It was stated here the other day that this would be an empty shell, with nothing inside, that it contained no economic substance. Now I can say this to them, they as a political party have no substance and no policy. They have existed for more than 40 years already, and now they are so very pessimistic about these people.

We can go further and consider the political development of the Whites in this country. The other day I was asked how many medical practitioners there were. I cannot furnish the hon. member for Berea with all the particulars now. From the nature of the case I do not have the numbers at my disposal.

*Mr. J. O. N. THOMPSON:

Oh, yes?

*The DEPUTY MINISTER:

The hon. member for Pinelands is making a remark. He is the person who, when I am not here—he did this again recently—talks about running away. Now he wants me to have all the figures in regard to different people available here today. If he gives the necessary notice, he can have those details, but he must be fair in his approach. Let us now return …

Mr. L. F. WOOD:

Does anybody know?

*The DEPUTY MINISTER:

Those details, as far as I am concerned, are not relevant now. What is in fact applicable here is the principle of the matter. But let us now consider the approach adopted by that side. They do not want the Bantu to be given any say, because they do not yet have the skills for these professional services. Those are two different things. If you go back into the history of this country, you will find that in 1910 the Union had a Prime Minister by the name of Gen. Louis Botha. None of us would think of disparaging him. He did not pass Std. X. As far as I know, he passed Std. VIII. These people are being set on a course of accepting responsibility. They are acquiring a say. They are not yet producing all the artisans and the technicians. They are not producing the people in all spheres with the ability to occupy the highest post; they are being set on a course where they accept responsibility as far as administration is concerned. This is the general view, and this is the policy of the National Party which is being spelt out here and very clearly indicated. We are honest. As far as these people are concerned, they are acquiring a full say, and now they are gradually, since they were given certain matters to deal with in 1963 being given more to deal with. Now we can see how those matters are dealt with. Since there are misgivings as well in regard to the laws they will make in the Transkei relating to these various matters over which we are now grating them jurisdiction, I can say that these have to be consented to by the State President. Surely hon. members know that this is the case, and in that way those matters are always brought to the attention of the Government, and they are not merely dealt with in an irresponsible manner.

Then there is another very important point I want to mention. The hon. member for Pietermaritzburg District raised it, and other hon. members as well. In the various clauses mention is made of the Transkei, and then mention is made of the Transkeian districts. I had better make it clear to hom, members that these are two entirely different concepts. The Transkeian magisterial districts include the White towns in White areas. But when you refer to the Transkei, as the hon. member for Transkei did, it means the Bantu areas of the Transkei. Certain of these matters relate to the districts—these are the magisterial districts—and the others to the Transkei as such.

As far as the member for Transkei is concerned, to go into greater detail, I want to deal with the matter of public holidays. This is the first point he mentioned. Unfortunately he chopped and changed a little, but this is item 27. He said they are in favour of regional days and, as they said in regard to the legislation, they think that this Parliament should have the say in regard to this matter, and not the Minister. It is very clear that the White areas, the White towns, will not be affected by these public holidays which they are able to establish there; these will apply only in the Bantu areas. The other argument put forward by the hon. member was that it is unnecessary to introduce this measure, and it was argued that this Parliament should decide about this matter. Sir, we differ on that score; we believe that it is sufficient if the Minister decides. What this amounts to is that these people may exchange the existing 12 public holidays which apply in the Republic for others. Each specific nation, in this case the Transkei, will be able to do this. If they want a certain holiday to honour their national heros—or for whatever reason they want it for—they may submit such a request to the Minister and they may then provide by means of legislation that one of those days shall be substituted. I think that this matter was dealt with quite comprehensively during the discussion of the legislation. Spectres were conjured up in this connection, i.e. that there could be a potential 168 public holidays, but it is clear, Sir, that these were merely spectres which were being conjured up What it amounts to in practice is simply that a specific area will have a public holiday for that area alone. The public holiday will not be celebrated beyond the borders of that area.

*HON. MEMBERS:

What about Transkeian citizens who are outside the Transkei?

*The DEPUTY MINISTER:

Surely there are citizens from all over the world here in the Republic of South Africa, and there are also the religious holidays of people of other religious denominations, and who find themselves within the borders of the Republic. If those people are in the Republic, then the Republic’s laws apply and when you are in the Transkei Bantu area, those laws will apply. To split hairs now and to say that we are going to have a confusion of public holidays, is absolutely far-fetched. In any case, that hon. member’s argument did not centre around that issue but around the procedure of who is being consulted now. Sir, you can look in any diary to see how many public holidays there are for the different religious groups, and also how many other public holidays there are which are even indicated in diaries in this country; it does not create any problem, but now the hon. members allege that the public holidays of the Bantu areas, which will be in force only in those areas, are going to create a problem for us. I do not want to elaborate on this any further. It is all a question of how you see it. We are people with confidence who can control this matter. Those members see spectres and they see problems in regard to everything which lies ahead. They have never told us in what other way every people can come into its own; nor do they accept that there are different peoples. They simply want to walk all over them and wipe them out by saying : “You are part of a greater community”. Sir, many of them, as English-speaking persons, have their public holidays, and I as an Afrikaans-speaking person have my public holidays; those public holidays are holy for us as Whites, but they do not want to allow the Bantu to enjoy the same privilege. What would the position be under a United Party Government? What would they do if all the peoples who are living in one society and the Zulus demanded a public holiday, for example to honour the memory of Chaka? What would their attitude be?

Mr. T. G. HUGHES:

May I ask a question? What day is a holy day for the English-speaking people which is not recognized by Afrikaans-speaking South Africa?

*The DEPUTY MINISTER:

I have now said that there are public holidays for you and for us. You, for example, have Settler’s Day, and we have religious days which we all respect. But the Bantu will have other days. How are those hon. members going to accommodate the Bantu? We are accommodating them in this way. That is my argument.

The question of clause 25 was mentioned by the hon. member for Transkei. This deals with legal aid. The position there is that this applies in any district mentioned in section 2 of this Act. In other words, it is applicable in any district; it is applicable everywhere. The hon. member said that there had been a dispute between us and the Transkeian Government. There was no dispute. We wanted to apply the law in regard to legal aid, which was made applicable in the Republic about 18 months ago in the Transkei as well. They then made a request to us to the effect that they would prefer to do this themselves. After discussions it was decided that provision would be made in this Bill for them to administer this matter. Basically it will take place in the same way as here in the Republic, but it will be under their control. They will appropriate money for it as soon as it falls under their control.

*Mr. T. G. HUGHES:

In the White areas as well?

*The DEPUTY MINISTER:

Yes. They are paying for this. Sir, we have already dealt with the question of courts. Reference was made here to the courts which are already there and which are, to a certain level, controlled by these people themselves. The courts will be administered in the same way as they are being administered at present. I never heard any criticism from the hon. member in regard to the courts there.

The greatest objection on the part of the hon. member concerns the health services. Their objection is that these people do not have trained doctors, dentists, and pharmacists.

*Mr. T. G. HUGHES:

My great objection is that they have control over the White areas.

*The DEPUTY MINISTER:

Sir, let us first deal with this question of medical services. It is very clear that medical services are also being dealt with by the Transkeian Government in the White areas as well. At present the medical services in the White areas are under the control of the Provincial Administration of the Cape; in the Bantu areas they are controlled by the Department of Health. At present there are 20 hospitals, as the hon. member for Berea indicated. The Department of Health has only been dealing with this matter for the past few years. The accusation is now being made that those 20 mission hospitals did not really train people, that they did not render proper service. The hon. member implied that there were no trained people and that we should ensure that the necessary services are available. [Interjection.] If I have misinterpreted the hon. member, then we shall leave it at that. But let us go further and analyse this position. In the first place, the health services will be under the control of the Transkeian Government both in the White and Bantu areas. I was in Umtata last week to discuss this whole matter with the Transkeian Government. We are now giving them these powers, and they retain the services of the people who are there at present, whether under the control of the Department of Health, or under the control of the Provincial Administration. We shall also negotiate with the mission hospitals to ensure that the position which exists there at the moment continues, but the control over these people is being placed in the hands of the Transkeian Government. That side of the House does not want the Bantu to have any say until such time as they can provide the various technicians and the necessary skills at all levels. That is not the issue here, for we can always, in co-operation with the Transkeian Government, make the White doctors there, and the staff of the mission societies, available to them, but they will have the legal say. They will appropriate money for these services themselves, and in this way they are being trained to exercise control over these matters themselves. I do not think there is a better way of making the Bantu people of this country aware of their responsibilities than to confront them with their own problems, and this is what is happening at the moment in the Transkei. Sir, I can tell you that these people are enthusiastic about this. Chief Matanzima told us that there were four Xhosa-speaking doctors overseas who were prepared to return to the Transkei. They are now going to involve their own people in these services. Because we do not confront these people with their own problems in the past, the Whites simply had to do the work. I do not think it is necessary to wait until all the people are available and then only to transfer the responsibility to them. The hon. member for Rosettenville asked here why we had not had those people trained and the hon. the Minister put a question to him in this regard. I want to put this question to him : Does he know what demands are made by the medical schools? The standard with which students have to comply are tremendously high. Does he know what the selection standards are for medical schools in this country, because there are large numbers of Whites who cannot be accommodated? Tremendously high demands are made on first year students before they are allowed to take the second year course. If this Government had not made provision for a special medical school for non-Whites, how would they have adjusted themselves to this pattern? The hon. member implied that Whites and non-Whites should comply to the same standard. If that were to be done, very few non-Whites would have been admitted to our medical schools today. But this Government, to eliminate friction and to allow these people to develop in their own area, has made provision for a special medical school for them. The medical school in Durban was especially established for these people and no one could expect more to be done than is at present being done. The Government is doing everything in its power, on all levels of training, to make trained people available, but it takes time as hon. members themselves will realize. The hon. member wants both non-Whites and Whites to be trained at the medical schools. If this were to happen, very few non-Whites would be admitted to medical schools for only a limited number can be admitted, and we would then hear the reproach that we are discriminating on the basis of colour. That is the natural outcome of the policy of that side of the House.

*Dr. G. F. JACOBS:

Is their standard lower then?

An HON. MEMBER:

You do not know what we are talking about.

*The DEPUTY MINISTER:

Sir we are talking about standards now, and the standard of the non-Whites at our medical schools is in general lower as far as admission is concerned. Suppose a medical school was able to admit 100 students and there were 150 or 160 applications for admission, how would the non-Whites have fared? They would probably not have been among those 100 students who were admitted. Very few of them would have been included in that number. We have now made provision for them to be trained in their own university, in their own medical school. That is all I want to bring home to the hon. members.

Dr. E. L. FISHER:

I wonder if the hon. the Deputy Minister could tell me why this Government does not build accommodation at the Baragwanath Hospital to admit Bantu and Coloured students. Why has provision for a medical school been made only in the Natal area?

*The DEPUTY MINISTER:

The position is of course that it costs a great deal of money to make these facilities available. These facilities have been made available in Durban. You cannot simply proceed to duplicate medical schools everywhere. We must go about this in a judicious way.

As far as health services are concerned, the question was also put to me as to how the Whites are going to be treated. They will be treated in precisely the same way as is being done at the present moment, but in this connection I want to add the following: In Umtata there are Whites who up to now have been prepared to be treated by non-White doctors and nurses, but now political dissension is being stirred up. An attempt is being made to create a crisis, simply because we are granting these rights to the Transkeian Government. In spite of that, I want to say to the hon. member that I have received the assurance of the officials and of the entire Cabinet of the Transkei that they will do everything in their power to establish separate facilities for the Whites; that they will make arrangements with White doctors and nurses for the treatment of these people. This is the understanding which has been reached. We are giving thought to these matters. I discussed these matters with them personally and these facilities will be available there, for Whites to be treated by Whites, and where the services of a specialist are required, arrangements will be made.

Mr. T. G. HUGHES:

Did the Government consult with the municipalities in the White areas before handing over the health matters in the municipal areas?

*The DEPUTY MINISTER:

Yes we will discuss the matter with the municipalities.

*HON. MEMBERS:

You will!

*The DEPUTY MINISTER:

Yes, I just want to say this. This legislation is now being placed on the Statute Book, and provision is being made for it to be taken over by the Transkeian Government at the beginning of the next financial year. It is not being taken over in the middle of a year. It will be at the beginning of the next financial year. All that is being done is that statutory provision is being made now, and thereupon these matters will all be arranged administratively. They will take over in 1973. I therefore want to give this assurance. I said this to the Transkeian Government as well, and to the officials who work with these matters, that we must look into every possible problem with great circumspection, and I can give the assurance that this will be done.

Then, in regard to cemeteries, I just want to mention that certain recommendations were made by the Heckroodt Commission, as was mentioned here, but I want to say that this clause, which relates to cemeteries, of course excludes the White towns. In other words, these are not involved in this matter, but if the time should come for them to take over, we will make the necessary arrangements for proper maintenance and preservation. All that could be involved here, are perhaps the trading posts, but we have received no complaints from people who have bought trading posts where there are White graves, about any problems in that connection. We shall act in consultation with the Transkei Government there. My view at the moment is that if the municipal areas become predominantly Black then these cemeteries will be excluded. But the hon. members know the Bantu, particularly the hon. member for Pietermaritzburg District. The Bantu are the last people who will meddle with a grave. Surely he knows that these people do not meddle with graves. Now I do not know why he wants to use that type of argument, i.e that the Bantu will simply plough up graves, etc. I can give the assurance that this is not yet applicable in the White areas of the Transkei, but we shall negotiate, and as was read out by the hon. member for Transkei, we will have to exclude certain of the cemeteries fence these off, and make proper arrangements for their maintenance. This is a matter which I discussed with the Transkeian Cabinet and they gave me the assurance that they will do nothing which will be in conflict with what is of sentimental value to the Whites.

I think I have now replied to all the points mentioned by hon. members. I do not think I have omitted anything. I just want to reiterate as far as these medical services are concerned, that for these lower levels enough Bantu are coming forward to render these services. There has been a fine reaction on the level of nursing sisters, and here and there on the level of matrons, on the level of nursing. We already have the requisite number of people. As far as health inspectors are concerned, attention is being given to their training and some of them are already available, although not in sufficient numbers. We cannot expect, where we have over a period of a thousand years reached a certain level, these Bantu to reach that same position overnight. I concede that we shall still have to learn what they are capable of, but this side of the House is very honest about the basic right to manage their own affairs. We do not want to withhold it from them, and we do not want to deprive them of it.

Question put: That items 26 and 27 stand part of the motion.

Upon which the House divided:

AYES—87 : Bodenstein, P.; Botha, G. F.; Botha, H. J.; Botha, L. J.; Botha, M. C.; Botha, P. W.; Botha, R. F.; Botma, M. C.; Brandt, J. W.; Coetzee, S. F.; De Wet C.; De Wet, M. W.; Du Plessis, A. H.; Du Plessis, G. C.; Du Plessis, P. T. C.; Erasmus, A. S. D.; Gerdener, T. J. A.; Greyling, J. C.; Grobler, M. S. F.; Grobler, W. S. J.; Hartzenberg, F.; Henning, J. M.; Herman, F.; Janson, T. N. H.; Keyter, H. C. A.; Kotzé, S. F.; Kotzé, W. D.; Kruger, J. T.; Langley, T.; Le Grange, L.; Le Roux F. J.; Le Roux, F. J.; Malan, W. C.; Marais, P. S.; Maree, G. de K.; Martins, H. E.; McLachlan, R.; Meyer, P. H.; Morrison, G. de V.; Mulder, C. P.; Nel, D. J. L.; Nel, J. A. F.; Otto, J. C.; Palm, P. D.; Pansegrouw, J. S.; Pelser, P. C.; Pienaar, L. A.; Pieterse, R. J. J.; Potgieter, J. E.; Prinsloo, M. P.; Rail J. J.; Rail, J. W.; Raubenheimer, A. J.; Reinecke, C. J.; Reyneke, J. P. A.; Rossouw, W. J. C.; Schlebusch, A. L.; Schlebusch, J. A.: Schoeman, B. J.; Schoeman. H.: Schoeman, J. C. B.; Smit, H. H.; Swanepoel, J. W. F.: Treurnicht, A. P.; Treurnicht, N. F.: Van Breda, A.; Van der Merwe, C. V.; Van der Merwe, H. D. K.; Van der Merwe, P. S.; Van der Merwe S. W.; Van der Spuy, S. J. H.; Van der Walt, H. J. D.; Van Staden, J. W.; Van Tonder, J. A.; Van Wyk, A. C.: Van Zyl, J. J. B.; Venter, M. J. de la R.; Viljoen. M.: Viljoen, P. J. van B.; Visse, T. H.; Vorster, B. J.; Vosloo, W. L.; Waring, F. W.

Tellers : W. A. Cruywagen, G. P. van den Berg, H. J. van Wyk and W. L. D. M. Venter.

NOES—38: Bands, G. J.; Basson. J. A. L.; Baxter, D. D.; Cadman, R. M.; De Villiers, L E. A.; Emdin S.; Fisher. E. L.; Fourie, A.; Graaff, De V.; Hickman, T.; Hopewell, A.; Hughes, T. G.; Jacobs, G. F.; Kingwill, W. G.; Malan, E. G.; Marais, D. J.; Miller, H.; Mitchell, D. E.; Murray, L. G.; Oldfield, G. M.; Oliver, G. D. G.; Pyper. P. A.; Smith, W. J. B.; Stephens, J. J. M.; Steyn, S. J. M.; Streicher, D. M.; Sutton, W. M.; Suzman H.; Timoney, H. M.; Van den Heever, S. A.; Van Eck, H. J.; Van Hoogstraten, H. A.; Webber, W. T.; Winchester, L. E. D.; Wood, L. F.

Tellers: H. J. Bronkhorst and J. O. N. Thompson.

Question affirmed and amendment negatived.

Motion accordingly agreed to.

THIRD READING OF BILLS

The following Bills were read a Third Time—

Land Titles (Division of George) Adjustment (hybrid) Bill. Tobacco and Wine Research Accounts Amendment Bill. Animal Slaughter, Meat and Animal Products Hygiene Amendment Bill. Agricultural Research Account Amendment Bill.
SEA-SHORE AMENDMENT BILL (Third Reading) *The DEPUTY MINISTER OF AGRICULTURE:

Mr. Speaker, I move—

That the Bill be now read a Third Time.
*The MINISTER OF THE INTERIOR:

The other day, when the Second Reading of this particular Bill was moved, I was unfortunately not in the House, and consequently I now want to raise a few matters which were not brought to the attention of the House, matters which are unique in the history of beach zoning. I am very glad that my friend the hon. member for South Coast is present this afternoon, so that he may reply to a few questions I want to ask. In my opinion, the questions arise from this legislation.

In the first place, I want to say that this matter is unique because it is one of the few occasions on which legislation of this nature has slipped through without anyone noticing it. How it happened, I do not know. I know that the hon. member who is in fact responsible for this matter is the hon. member for South Coast, and that he himself was not here—I think he had reason not to be here. The result was that the matter went through in no time without anyone really knowing about it.

In the second place, these events reveal to me a unique feature in the double-talk of the United Party over many years. A very interesting fact of the matter is that as recently as three months ago similar legislation was rejected by the United Party in the Provincial Council of Natal. And in spite of the fact that that legislation had been rejected in the Provincial Council of Natal three months ago the United Party voted in favour of precisely the same principles in this House and on this occasion.

If I am not mistaken, this is the first time in history that the same party has adopted diametrically opposed standpoints in two legislative bodies. I should very much like to hear from the hon. member for South Coast this afternoon where the lack of co-ordination between him and the leader of the United Party in the Provincial Council of Natal actually comes from. I know that they were in touch with each other for a long time in regard to the matter. I also know that in the end the Leader of the United Party in the Provincial Council decided, in spite of the advice he had received from his chief leader, to vote counter to that advice and took the entire United Party section of the Provincial Council of Natal along with him.

The first time beach apartheid was adopted was in 1967, when the United Party in Natal itself requested me, as the then Administrator of the Province, to introduce legislation on this matter. That legislation was passed by the entire Executive Committee and Provincial Council of Natal. After that, nothing happened, but in 1971 the same legislation came before that council as a result of technical changes, and they rejected it. As I say, three months later, the United Party agrees here in the House of Assembly to what was rejected there.

*Mr. S. F. KOTZÉ:

This is the third time.

*The MINISTER:

Yes, it is the third time. In other words, they have made three changes, one after the other. The pressure exerted on the United Party at the time, arose from the fact that local authorities in Natal itself, and particularly in the constituency of the hon. member for South Coast, requested that legislation of this nature be introduced. The hon. member knows this very well, because as far back as 1965 he said on occasion that apartheid should be introduced on the Natal beaches. He advocated it under pressure from his people. At the same time he also requested that the Government take steps to introduce such legislation, but because the Government did not do so at that time—at that stage the Government was conducting an investigation in the Western Province—the hon. member for South Coast requested the Executive Committee of the Provincial Council of Natal, of which I was the Administrator, itself to introduce such legislation.

The then Minister of Planning made an offer to Natal that the Government would undertake the work of zoning the beaches in Natal for them. However, the Executive Committee of Natal decided that they would do it themselves. The result was that they instructed their Regional and Town Planning Commission itself to zone the entire Natal coast—from top to bottom. And as hon. members know, it is a very important part of South Africa’s beach area. In fact, it is the one tourist centre where there are a large number of people throughout the year.

The plans that were accordingly drawn up by the United Party at that time—in 1965-’66—led to an ordinance, which I then had to introduce. It was Ordinance No. 37 of 1967. The long title of this Ordinance, which was supported by the United Party, read as follows—

To empower the Administrator to direct local authorities to reserve public premises or amenities for the exclusive use of persons of a particular race or class, and to reserve stands and stopping places for the exclusive use of vehicles conveying persons of a particular race or class, and to provide for matters incidental thereto.

After I had introduced this Ordinance, it was seconded by the then leader of the United Party. And that leader of the United Party in Natal had been in contact with his chief leader, who, in turn, had been in contact with the chief leader of the United Party in South Africa. In other words, it bad the approval of the entire United Party.

Here we now have the piece of legislation which was not only accepted by everyone at the time, but was also placed on the Statute Book as well. From 1967 to 1971 the matter remained dormant for a technical reason, i.e. because there was uncertainty whether the particular legislation should have been passed by the Government or by the Provincial Council. However, the principle of the matter was accepted by the United Party. That legislation remained in existence and was applied for four years. In fact, it was applied in many of the 52 local authorities of Natal which are situated along the entire length of the coastline.

Then in 1971 a number of M.P.C.s suddenly discovered that they were not at all happy with this legislation. The result was that, because of a remark made by the leader of the United Party in Natal, they decided to object. They made announcements in public and said that they did not at all agree with the idea of the leader of the United Party in Natal that beach zoning should be applied. Very interesting reports began to appear in the Natal newspapers at the time, which indicated to what extent the leader, the hon. member for South Coast, differed with the five members of the United Party.

The hon. member knows very well what I am talking about, because the five members who objected were Mr. Trevor Warman, who was also Mayor of Durban at the time, Mr. Van Coller from Umzimkulu, Mr. Mike Woolam from Pietermaritzburg South. Mr. Henry Ritz from Essen-wood and Mr. Cusens from Durban North. All five of these persons objected most strongly to the fact that the leader of the United Party wanted zoning in Natal.

Mr. D. E. MITCHELL:

What paper is that you are quoting from?

*The MINISTER:

The Daily News of 2nd August, 1971. This is where the trouble started between you and your own people.

The five members of the United Party who objected to the legislation, subsequently all gave very good reasons for their decision to the newspapers. Mr. Van Coller, for example, said: “I feel merely that there is no need for beach zoning at present, although very probably in the future the position may be different.” Mr. Cusens, on the other hand, said: “I am only interested in the bit of beach fronting my own constituency. I do not mind the petty apartheid of the National Party.” Mr. Warman said: “I just expressed my own opinion, that is all I did.” The fourth one said: “I do not believe there should be beach zoning. I said so and I take the responsibility for that.”

What did the leader of the United Party in Natal do then? He waited a while and then saw several people, amongst others the Minister of Agriculture, and requested him please to apply this legislation himself, because he was under pressure from his own voters.

When the Progressives saw that this strife had developed between the leader of the United Party in Natal and his leader in the provincial council and a few other members, they also started making statements, in which they said, inter alia, that they did not at all agree with the leader of the United Party in respect of this matter. A certain Mr. Mullins, who is the present leader of the regional council of the Progressives on the South Coast, referred to a very interesting quotation which had been made by the leader of the United Party in Natal. Just listen to this. I quote—

He insulted the Indians and embarrassed the Whites with nonsensical talk about frolicking with coolies in the surf.

This is a statement alleged to have been made by the leader of the United Party. The result was that he, in turn, was attacked by the Progressive Party. But then the matter went a bit further. His own leader in the Executive Committee of the Provincial Council of Natal, Mr. Fowle, whom I know very well, and with whom I had dealings for a long time, then also made an announcement—in spite of the fact that by that time the Natal leader had already told the chief leader that he wanted zoning in Natal and that he had already seen the Minister of Agriculture about the matter and had requested that apartheid be applied there. He (Mr. Fowle) then announced that there was a conflict between him and his chief leader and that, as far as the M.P.C.s were concerned, there could be no question of Natal being zoned—that no apartheid would be applied on the Natal Coast. What is interesting about the whole matter is that there was then no co-ordination at all. What the chief leader in Natal actually did and what his standpoint was, was revealed very clearly when Mr. Fowle said—

In the face of apparent conflict between five U.P. M.P.C.S who have said that they are opposed to racial zoning on beaches, the Leader of the Opposition is in opposition.

In other words, the hon. the leader in the Provincial Council and his five M.P.C.s were opposed to the leader of the United Party in Natal. That rift ran right through.

Mr. D. E. MITCHELL:

What paper is that?

*The MINISTER:

The Daily News of 5th November, 1971, exactly three months ago. No doubt the hon. member will have it in his file.

When the Leader of the United Party in the Provincial Council started adopting this attitude, the hon. member on the opposite side of this House began to see that a so-called “revolt” was breaking out in Natal. Because it was not merely a question of strife between him and a few of his members in the Provincial Council, the dispute assumed a general, national character. For example, there was a report in which it was explained that two of the M.E.C.s in Natal —it is very important that it was not only the members of the Provincial Council— were also opposed to the standpoint of the provincial leader of the United Party. They intimated that they wanted nothing to do with apartheid and with the zoning of beaches in Natal. A report in, inter alia, the Tribune, of which the hon. member will undoubtedly be aware, reads as follows—

They were rejecting their leader’s stand. Two of the four members of the United Party in the Natal Provincial Executive Committee told me this week that they wanted nothing to do with racial zoning of the beaches. This would be virtually supporting the petty apartheid policies of the Government. They were Mr. Frank Martin and Mr. Derrick Waterson, who added their voices to those of the five members of the Provincial Council in a mounting outcry against Mr. Mitchell’s view that, should the beaches not be zoned by the Government, there would be racial strife. Now there was the action of seven people against the leader of the United Party in Natal.

It is very interesting that this is the first time that the report in the Tribune says that—

As many as seven members of the United Party provincial representatives have come out so openly and strongly against their leader in a clash that it could be carried through to the Party’s National Congress in Bloemfontein.

They added that one of the members of the Executive Committee, Mr. Frank Martin, whom the hon. member for South Coast also knows very well, also made statements, in which he said in public that, as far as he was concerned, beach zoning was a question of the erection of fences and camps around people.

Naturally this struggle between the leader on the one hand and his own people in Natal on the other, probably did not become known throughout the country, but it led to the Provincial Council in Natal eventually holding a meeting at which a plea was made by the leader of that Council, Mr. Fowle. The hon. member for South Coast knows this. Mr. Fowle asked that the members of the Provincial Council should not vote for apartheid on the beaches—in other words, they should appose the zoning of the entire coastline. The hon. member on the opposite side of this House knows that not only was he in contact with Mr. Fowle then, but that they had a difference of opinion about the matter, and the end of the matter was that, after a plea had been made in the Council all the members of the United Party in the Executive Committee and in the Provincial Council voted against beach zoning. Not one single member indicated that he was in favour of legislation of the kind now being piloted through this House. Sir, how something like this can happen one does not know. It is very difficult to know what form of co-ordination and agreement there is between the two bodies belonging to the same party.

*Mr. A. FOURIE:

Better than between you and Connie.

*The MINISTER:

This is not a matter between Connie and me; it is a matter of principle. In addition to all the apartheid measures introduced in this House in the course of 24 years, the entire question of apartheid on the beaches of South Africa, which extend from South-West Africa past the Cape up to Natal, was concerned with this principle. Members of the United Party the right to vote and to express an opinion in the two bodies in the country who have on it—both are said to have the same principles—all voted against it on the one hand and in favour of it on the other.

What did the hon. the leader of the United Party in the Provincial Council of Natal actually have to say? What did his speech boil down to? At the beginning he said he did not know what he should say. This was after he had had the consultation with his Natal leader as well as with their chief leader. If I am correct, he was in Cape Town to discuss this matter with them. And he said he did not know what to say, whether he should agree or not about the question whether beach apartheid should be applied.

Mr. D. E. MITCHELL:

When did I say that?

The MINISTER:

No, you did not say that; your Natal leader said that. The hon. member’s own leader in the Natal Provincial Administration said so.

Mr. D. E. MITCHELL:

Oh, the Natal Provincial Council, not my Leader here?

*The MINISTER:

Yes. Sir, it is very interesting to hear that remark, because the hon. member’s leader in the Provincial Council, Mr. Fowle, made a plea—I have his speech here—in which he tried to indicate to the people that they could not blame him for Mr. Mitchell’s running to the Government and requesting that zoning should be applied throughout South Africa. He said—

I do not know whether we have any right to blame an M.P. …

It is Mr. Mitchell to whom he was referring—

… who has the active demand by a bunch of his constituents. To present that little bunch of people’s petition to a Minister in this matter was not wrong. After all, that was all that Mr. Mitchell did.

That is what he said and further—

He (Mr. Mitchell) responded to the appeal of his constituents at Margate to present the case of the Margate people wanting to zone the beach. That is all he did.

Yes, that is what the hon. member’s leader said. Then Mr. Fowle went further in this particular plea of his and said: “I am very sorry that I myself (meaning him and the other members of the Executive Committee) accepted the principle of apartheid on the beaches of South Africa in 1967.” He said he was very sorry about it.

Mr. R. M. CADMAN:

What are you quoting from now?

The MINISTER:

From his own speech. I have it here, and you may have it. That is what he said, namely that he was very sorry that he and his colleagues had voted in favour of beach apartheid in 1967, for the simple reason that he embarrassed the new men who came into the United Party in 1970.

Mr. R. M. CADMAN:

Where is that?

The MINISTER:

It is in this speech.

Mr. R. M. CADMAN:

But you have not quoted it.

The MINISTER:

I have; I have read it to you. He said: “Ek voel vir die vyf baie jammer vir die misstappe wat ek (dit is Fowle) en my vorige kollegas in die vorige Raad gemaak het.” That is in Hansard. The hon. member can find it in Hansard. [Interjections.] You will not put me off on this. In fact he said that he felt very sorry for these people.

Mr. W. T. WEBBER:

Mr. Speaker, may I put a question … [Interjections.] How many chairmen are there, Mr. Speaker?

The DEPUTY SPEAKER:

Order! You can leave that to me.

Mr. W. T. WEBBER:

Mr. Speaker, may I ask the hon. the Minister to give us the page reference where this statement was made in Hansard?

The MINISTER:

You will find it near page 132 of Hansard of that year. Then Mr. Fowle, the leader of the United Party in the Provincial Council, goes on to say: “Ek wonder of die Nattes weet wat dit is om van mening te kan verander.”

In other words, he said he wanted to change his mind, and he referred to 1967 and 1971. Continuing, he said he assumed the Nationalists would also know how difficult it was to maintain the same standpoint for a few years. Then Mr. Fowle mentioned all sorts of so-called reasons which, to him, were practical reasons why it was going to be very difficult to apply this apartheid in practice, this apartheid in favour of which hon. members on the opposite side of the House voted a few days ago and for which they are going to vote today as well. The result was that the entire United Party in the Council voted against it and against the request of the chief leader of the party. I quote from a report in the Daily News in this regard—

Council rejects beach zoning. The leader of the United Party in Natal, Mr. Douglas Mitchell, made a direct approach to the Government and asked for racial zoning of beaches in Natal, it was revealed in the Provincial Council last night. United Party M.P.C.s sat in silence as the leader of the Nationlists in the Council, Mr. Gert Hanekom, told how Mr. Mitchell had asked the Ministry of Agricultural Credit and Land Tenure to enforce the zoning in Natal, but they closed ranks after their leader in the Council, Mr. Percy Fowle, stated that the party rejected any moves to zone beaches and appealed to his colleagues to follow his lead (not the lead of the leader on the other side of this House, but his lead), and the following moment all 22 United Party members of the Council voted against the motion introduced by Mr. Hanekom calling on the Council to endorse the principle of racial zoning on the beaches of Natal. Mr. Hanekom revealed that a draft Bill would be published in the Government Gazette on Friday which would give the provinces the power to zone beaches on racial lines and the right to delegate these powers to local authorities, but, he said, leading members of the United Party would have no part in this scheme.

That is what was said : they would have no part in this scheme.

Mr. D. E. MITCHELL:

Which scheme was that?

The MINISTER:

The scheme of zoning beaches, of apartheid.

Mr. D. E. MITCHELL:

In a Bill to be published?

The MINISTER:

No, to make provision for apartheid on the beaches of South Africa.

Mr. D. E. MITCHELL:

A Bill thereafter to be published?

The MINISTER:

Yes, it had then not been published. He said—

The leading members of the United Party would have no part in this scheme and made it clear that they would have nothing to do with any legislation designed for racial zoning of natural amenities in the parks.

Mr. Martin, the M.P.C., then said—

Re-zoning means barbed wire, notice boards, policing and the rest, and we will have nothing whatever to do with this.

The question I want to put to the leader of the United Party in Natal, as well as to the chief leader of the United Party—who was in contact with the Natal leader throughout—is the following: On what side are they in fact standing?

As far as I know, this is the first time in the history of South African politics that two political leaders belonging to the same party, the one in charge of the United Party in Natal and the other in charge of the United Party here in Parliament, have voted directly against each other on the same principle.

In fact, the United Party is so confused in respect of this matter that a very serious conflict has developed between the two leaders.

I want to ask the hon. member for South Coast, the leader of the United Party in Natal, to indicate to me this afternoon why he did not dismiss the leader of the United Party in the Provincial Council after he had, in conflict with an instruction from his chief leader, voted against legislation they had accepted a few years previously.

*Mr. S. F. KOTZÉ:

Each has his own policy.

*The MINISTER:

Sir, they cannot give us an indication of what their policy is— this is a glaring example. It is not a question of a difference of opinion between two persons; it is not a question of a difference of opinion between the Minister of Social Welfare and Pensions and myself; it is not a question of a difference of opinion between the hon. member for Bezuidenhout and one of the hon. members on the opposite side of this House; it is a difference of opinion in respect of a basic principle contained in legislation.

They first accepted the principle in 1967; then they rejected it in 1971 and again accepted it in 1972.

I now ask the hon. member for South Coast why he did not give us an indication during the Second Reading debate on this Bill of how this difference of opinion had torn the entire United Party apart from top to bottom. They were under pressure.

Here are the names of 16 of the largest local authorities in Natal which told the United Party that they all wanted apartheid. In spite of that, 22 United Party members of the Provincial Council voted against that request, and then hon. members on that side of this House come here and vote in favour of the legislation. [Time expired.]

Mr. D. E. MITCHELL:

Mr. Speaker, may I express my delight at the speech which the hon. the Minister of the Interior made here this afternoon. You know, Sir, my difficulty with my provincial councillors in Pietermaritzburg is to understand the sea-change which came over the ex-Administrator when he came here to Parliament. I simply cannot convince them. Now the hon. the Minister has done for me this afternoon what I have failed lamentably to do in the past. I merely have to take that speech, and I shall glory in doing it, and circulate it among members of the provincial council so that they can understand precisely the kind of presentation here in Parliament by an ex-Administrator, not of what he witnessed, not of what he participated in, but of what he read in the newspapers and sucked out of his thumb.

HON. MEMBERS:

From Hansard.

An HON. MEMBER:

Do not run away now.

Mr. D. E. MITCHELL:

My hon. friend need not be afraid that I will run away. I am not a Nationalist. Sir, this is really a most extraordinary statement that we have heard from the Minister, who, let me say, butted in. This is not his Bill; this Bill belongs to the Deputy Minister of Agriculture, and the hon. the Deputy Minister of Agriculture must forgive me if I remind him of the things that happened when we met his Minister. He must not now say to me : “Uncle Douglas, why do you come and tell us things like that in Parliament?” He shakes his head. I have his approval. I will go ahead with the meetings we had with the Minister. Is that right?

The DEPUTY MINISTER OF AGRICULTURE:

Provided I can read your letters too.

Mr. D. E. MITCHELL:

Sir, he can read my letters, particularly those that start: “Dear Hendrik, please can you get your Government to do something, even if it is wrong; whatever it may be, let me do something.” Year after year this has happened. The Deputy Minister knows and the ex-Administrator knows that for 15 years I have been coming to this Government. For 15 years I have been coming to the Minister of Agriculture. The Deputy Minister has a lot of correspondence he can read. But let us come back to the hon. the Minister of the Interior.

What has the hon. the Minister of the Interior groused about? That he can really come to Parliament and believe that he can with a little bit of sugar for the birds create discord in the ranks of the United Party? [Interjections.] I think we gave the hon. the Minister a fair hearing. Why do not hon. members give me a chance to make my speech now? Are they afraid of what I am going to say? Are they afraid, Sir? Yes I know they are afraid.

Sir, let me start right at the beginning by saying that the Bill before us was accepted by his side of the House the other day and no objection was raised. The Bill before us is accepted unanimously by the caucus of the United Party provincial council in Pietermaritzburg. The Bill before us is accepted by me. I take it amiss of the hon. the Minister. He may not know why I was not here during the Second Reading, but if he does I take it amiss. I was not away simply because I wanted to avoid a debate or nonsense like that. I will meet the hon. the Minister in any debate at any time he likes, but there was a reason why I was not here. I leave it at that. To repeat, the position then is that the provincial council of the United Party in Pietermaritzburg unanimously accept this Bill; the party here unanimously accept it and I accept it. We have one leader and under the leadership of our leader we support this Bill. But let us just go back a bit, for 15 years, seeing that the Minister went back. What was the position some two or three years ago, when deputation after deputation had been to the Minister of Agriculture asking for the reservation of separate amenities? Sir, I want to use that term deliberately, because it was the term “beach zoning” which the hon. the Minister defined as used by Mr. Fowle, and he slurred over it. That has been the trouble, and nothing more than that—just that definition.

The MINISTER OF THE INTERIOR:

Why did you not accept the offer of the Government in 1955?

Mr. D. E. MITCHELL:

What offer of 1955?

The MINISTER OF THE INTERIOR:

I am sorry, of 1965.

Mr. D. E. MITCHELL:

Let us go back before 1965, to the reservation of separate amenities. The hon. the Minister’s supporters in the Provincial Council in Natal argued that the Separate Amenities Act and the Separate Amenities Ordinance passed when he was Administrator, conferred upon the Provincial Council of Natal the right to set aside separate amenities on the beaches for separate races. That is what they argued, and the Administrator supported them. But that was wrong, and this Bill is before us today because it was wrong. That power to set aside separate amenities for separate races on the beaches, was a power vested in the Minister of Agriculture, and in him alone.

The MINISTER OF THE INTERIOR:

It is a question of the principle which was accepted.

Mr. D. E. MITCHELL:

Sir, the principle was in the power. The right to exercise that principle, the authority to exercise that principle, the power and the authority to give effect to that principle were vested in the Minister of Agriculture. So after numerous attempts the Minister of Agriculture put in the Gazette standard regulations which various local authorities could apply for and, if granted, they would enjoy them. These were standard regulations and as far as my memory serves me four local authorities applied for those regulations and they were granted and they have had the power for some years past under the regulations promulgated by the Minister of Agriculture to set aside separate amenities for the separate races on certain beaches. There were four of them. Durban I want to rule out for the moment. Durban is sui generis. It has certain powers which go back to the old colonial government days, when it acquired the dominium of the beach. The dominium of the beach belongs to the Durban municipality, so I leave it out entirely from what I am going to say. Those regulations, which were applied for by four local authorities, and granted, and applied to their area, were not applied for and applied to other local authority areas, for the reason which the hon. the Minister knows. He knows why those local authorities did not apply. If those local authorities wanted that power—four of them wanted it and applied and got those powers—why did they not apply? The Minister was then the Administrator and he knows why they did not apply.

The MINISTER OF THE INTERIOR:

I said 16 applied.

Mr. D. E. MITCHELL:

Yes, and four were granted. The ex-Administrator, the present Minister of the Interior, knows, because he appointed a committee to investigate the whole position of the beaches along the Natal coast. He appointed that committee under the Town and Regional Planning Commission, and what did they find? Sir, they found this, and I am with them entirely. They found that if you are going to set aside separate amenities for separate races on the different beaches, then you cannot limit that kind of provision of separate amenities to separate individual local authority areas; you had to do it on a regional basis, and that is what the committee recommended to the Administrator of those days, the present Minister.

An HON. MEMBER:

The principle is the same.

Mr. D. E. MITCHELL:

I am not going to be put off by that kind of interjection. I want to deal now with the substance of what we are discussing here, and the hon. member is only too happy to come and bathe in Natal on our beaches in an area set aside for Whites. That is all he does; he takes advantage of it. Now let us go on. The recommendation was that there be regional zoning. Some of the local authories have as much as 200 to 300 yards of sand. As to the rest, they can have some rocky areas and they can have areas where bathing is not permissible and nothing can be done about it. It was clearly impracticable to give separate amenities for the different races divided up over perhaps 300 yards of sand. Then the Admiralty Reserve, that is State-owned land immediately behind the beach, was also still vested in the Government. The hon. the Minister of Lands would not allow the control of that piece of land to pass to the local authority. In some cases he has done so while in others he would not. You were going to have perhaps a little area of 25 to 30 yards of land for Coloureds; 25 or 30 yards for Whites; 25 or 30 yards for Bantu, and 25 or 30 yards for Indians. It was clearly impracticable. Each of these races obviously required a place where they could get water; they required change-rooms and proper conveniences. To provide these conveniences for four races on these small beaches was impracticable. So the commission said : Let us have regional zoning, 20 to 26 miles or 30 miles if necessary, where the different races can then have their different amenities provided for them. The hon. the Minister knows this. Why is he keeping quiet about it?

In the meantime trouble was arising because of the influx of visitors. We had at one stage on the Margate beach something like 30 000 people. There were no regulations there dealing with the possibility of the mixing of the races on the bathing beaches—and I want to emphasize “on the bathing beaches.” What did the Administrator of the day do about it? Nothing. I came down here and that was when the Deputy Minister came into the picture. Firstly, I came with a deputation including the mayor of Margate, to come and see the Minister and to put to the Minister exactly how dangerous it was—I am glad I see the Minister back here; I would sooner speak to his face—and how necessary it was that some steps should be taken by the only authority that had the power to do it, and that, I repeat, was the Minister himself. Nobody else had the power. I am now referring to the hon. the Minister of Agriculture. And then the trouble started. May I say that it is typical of this Government. Not with his department alone, but with every department and I have the misfortune to deal with practically the whole lot today. Dilatoriness dragging their feet, never coming to a decision, pushing the thing off on somebody else, passing the buck, coming back again and jumping over the heads of people who ought to have been consulted and going on from pillar to post and never even robbing Peter to pay Paul, leaving both of them robbed. … that is what I have to deal with year after year. I am sorry now for the Deputy Minister, but when his colleague, the hon. the Minister of the Interior brings that past history in, I have to explain it. He has asked me to explain it. Afterwards the Minister of Agriculture who is now refreshing his memory, decided that something would have to be done about it. What was to be done about it? I have got into this state now with the Government and the hon. the Deputy Minister of Agriculture will bear me out as well as the Minister of Mines, the Deputy Minister of Bantu Administration and others, that I go along and interview them. When I have finished with the interview I say : “Will you please let me have that in writing?” They then very courteously always say: “Yes, Uncle Douglas, you shall have it in writing.” Just as regularly I do not get it. What do I do now? I do now what I learnt in my days when I was in the diplomatic service. I send them an aide memoire and I say about a week afterwards—

Dear Mr. Minister, you will not mind my reminding you that what transpired at our meeting last Monday was … If you have any reason to question or query of the statements I made here, will you please let me know for the sake of the record so that we keep it straight.

That way I placed it on record. I had my own version on record, but they are never contradicted. I do not think I can remember an instance where they were contradicted. I went to the hon. the Minister of Agriculture and I put it on record through an aide memoire what the position was. Then we started. The Minister had undertaken to issue the set of regulations to apply to Margate where, as I have said, we have had 30 000 visitors and where we have missed difficulties, racial troubles, once or twice by the narrowest margin. It was to be a test case for two other local authorities which were in a similar position. The hon. the Deputy Minister will remember what happened. We got his people to draft a resolution for the Town Council of Margate and I sent a telegram and a letter to the mayor saying : “Do not let your people amend one word of this resolution. This is exactly what the Minister wants.” Then the resolution came back. Then, after messing about a little bit, they found that it was not quite as they wanted it and it went back again. It was passed de novo as the Minister wanted it. By this time the Minister was preparing his advertisement or his proclamation for the Gazette. I saw the Deputy Minister who was …

Mr. S. F. KOTZÉ:

: Come to the point!

Mr. D. E. MITCHELL:

… continually crossing backwards and forwards, trying to help me, and for that I give him full marks. He was doing his best, not to help me but to help. We got a rough draft which went to the then Secretary for Lands. From the then Secretary for Lands it went back again to the legal adviser who was drafting it. Finally, the day came when the Deputy Minister had agreed, the Town Council of Margate had agreed, the Secretary for Lands had agreed, the law adviser had agreed, I had agreed and it went to the hon. the Minister to be signed so that it could go to the Gazette as a proclamation. The Minister never signed it. After about a week had expired, I sent an aide memoire to the Deputy Minister who said: “No, I do not know why; I do not know what has happened here, but the Minister has not signed it. There is nothing I can do with Uncle Dirk; he just has not signed it.” I realized that I was embarrassing the hon. the Deputy Minister. I was beginning to press him in regard to his Minister. When I met the Minister outside he said: “You are getting to be a very old man, you know.”

The MINISTER OF AGRICULTURE:

I was right.

Mr. D. E. MITCHELL:

Yes, and the fact that he is older than I am apparently made no difference. [Interjections.] What has my age got to do with the fact that he did not sign a proclamation which he had undertaken to sign? This proclamation was prepared and approved by the law adviser, the Secretary for Lands, his Deputy Minister, the Town Council of Margate and myself after months and months of negotiation. Then I went back to the Provincial Council of Natal and I said to them : “Gentlemen, I want to tell you something. The Minister does not want to handle this hot potato; he does not want to deal with separate amenities for separate races on the beaches. He has already had his fingers burnt in the Cape. The Government has got itself into endless trouble and the outward looking policy and the ‘verligte’ attitude of some of the members of the Cabinet have now infected the Minister of Agriculture so that he is not going to sign that proclamation.” Furthermore I told them : “I shall tell you what he is going to do. I will hazard a guess—he will take the whole responsibility and put it on the shoulders of the Administrator of Natal and his Executive. He will ask them why they should not issue their own proclamation and he will tell them to do it their own way.” It was a hot potato that he did not want to touch. He did not want to take the responsibility and he would not do anything about it. He was prepared to sit for years supine, doing absolutely nothing whatsoever in spite of the recommendations that had been made. I have a very big file dealing with these questions in Margate and in the other areas where there was trouble. I have been negotiating for 15 years and sure enough when the time came we got this Bill. It is precisely as I had anticipated. The Minister now is taking authority to put on to the shoulders of the Administrator and the Executive Committee of Natal the very authority and the power which he refuses to exercise. How can he expect the Administrator and the Executive Committee of Natal to exercise powers from which he has run away, powers which he has funked, powers which he has been afraid to exercise?

*The MINISTER OF AGRICULTURE:

Today we shall give you blazes! [Interjections.]

*Mr. SPEAKER:

Order! The hon. the Minister must withdraw that.

*The MINISTER OF AGRICULTURE:

I withdraw, Mr. Speaker.

Mr. D. E. MITCHELL:

All these years he has had the opportunity to do it. He had the document in front of him. I saw it with my own eyes. I shall go on record on oath, and I call the hon. the Deputy Minister to go on oath with me, that we saw the document that was to be signed by the Minister as a proclamation. The hon. the Deputy Minister cannot deny it. He shakes his head so he does not deny it —more honour to him. But the hon. the Minister did not sign it. That was all that was wanting to give it the power of law. Then we would have had the trouble all cleared up so far as the separate amenities were concerned. But, no, it was not done. Now the hon. the Minister of the Interior comes and has the effrontery to say to me: “what have you got to say about the difference of opinion between yourself and the United Party leader of the provincial council of Natal?”

The MINISTER OF THE INTERIOR:

That is fundamental; that is the only point I am asking you about.

Mr. D. E. MITCHELL:

That is the only point! He says that the only point he is asking me is on the newspaper reports he quoted. I want to say shame on him for intervening and coming with this kind of claptrap when another Minister is piloting a measure such as this through the House. There is no difference of opinion. I am not the slightest bit interested in what a newspaper says about such a difference of opinion. Why did not the newspapers come to me and ask me about my quarrel with the leader of the provincial council, the M.E.C.’s and the other members of the provincial council? Why did they go to members who had just recently been elected and ask them for their views on this matter? What form did the question take that it resulted in that reply? I will answer any question the Press would like to ask me in relation to any matter which is of concern to me and on which I can speak with authority. I was in a position to speak with authority on this matter, but I was never asked a question. Where is the question? Why was not my question and answer put into the cuttings the hon. the Minister has there? [Interjections.] For the simple reason—let me repeat—that every member of the United Party of the Provincial Council of Natal agrees with this Bill. When I said to the hon. Minister by way of a question whether that decision was taken before they had seen a copy of the Bill, he said “Yes, it was before they had seen a copy of the Bill.” Not so?

The MINISTER OF THE INTERIOR:

The leader of the Nats told them the Bill was coming.

Mr. D. E. MITCHELL:

I cannot imagine anything that will so condemn any document than that its author shall be a member of the National Party in the provincial council. That surely will condemn any document from wherever it may come. But that is not an answer I want here in Parliament. I asked the hon. the Minister whether that report had come out before they had seen the document. I do not care whether they had had word from a National Party member of the provincial council that it was coming. I want to know whether they had seen the document! It is the document which matters, not what some Nationalist member was bringing as tittle-tattle to the Administrator. The answer is that they had not seen the document. They have now seen it.

The MINISTER OF THE INTERIOR:

The whole council rejected your advice.

Mr. D. E. MITCHELL:

The hon. the Minister was not there. What does he mean by saying that they rejected my advice? The Provincial Council of Natal has never rejected my advice. They know wise advice when they hear it, although I say so myself. My blushes will not permit my going any further along that road. May I ask what the advice was of the hon. the Minister, when he was Administrator, in regard to the question of separate amenities on the beaches? Why did he mislead the Executive and tell them that the separate amenities were adequate and that they would receive permission and authority under that law to have separate amenities on the beaches which they accepted? I challenge him: When, as Administrator, he told the members of the Executive that the Bill for separate amenities, upon which was founded the ordinance for separate amenities, would also apply to the beaches, did they or did they not accept that?

The MINISTER OF THE INTERIOR:

Of course they did accept it.

Mr. D. E. MITCHELL:

They did accept it! Certainly, they did accept it. There was no trouble about it. There never has been any difficulty and there has been no change in front whatsoever all the way through the piece. If trouble-makers and trouble-mongers try and interfere in this matter and to drive a wedge into the ranks of the United Party provincial councillors and myself, I wish them luck; they will not get any further than the hon. the Minister of the Interior this afternoon. Here is a case where the Minister of Agriculture has toyed for 15 years with this very important issue. He has refused to accept the responsibility of doing a thing which was a hot potato politically and he has now put it on the shoulders of the Executive Committee, which is the United Party Executive in Natal. Subject to the proper financial arrangements being made —and I now look forward to the hon. the Minister of the Interior coming along and supporting the plea of the Administrator of Natal for financial arrangements when they come to the Minister of Finance, and if necessary getting the support of the Minister of Agriculture—in those areas in which they have jurisdiction, we can see what can be done about providing separate amenities on beaches in the same way as they have provided separate amenities in respect of other public places where the public have been entitled to go. When I say “where they have the right”, I want to tell the hon. the Minister, because he may have forgotten, that Durban is something sui generis and that all along that coastline there are private ownerships right down to the water. Some stretches of beach belong to private people where this Bill has no power. There are also these “vakansieoord” people with control over certain land and the Department of Bantu Administration controlling an area of eight miles at one place and six miles at another right down to the water. There are also places where the municipalities have acquired leases for land right down to the water. There are various other types of private and public holdings involved in this matter. In most of those cases this Bill will not run. What is therefore today being given to the Administrator of Natal and the Executive is a thing of bits and pieces. They have to deal with small bits and I doubt whether the whole matter can be dealt with on a regional basis, which was basic to the report the Administrator got. The Government must remember to take the responsibility for its own actions this time and not try, by this means, to shove the responsibility onto the Administrator and the Executive of Natal.

*The MINISTER OF AGRICULTURE:

Mr. Speaker, I did not want to take part in the debate now, but I can very well understand the hon. member for South Coast’s nervousness. The hon. member now wants to see the case of Margate, where certain regulations were drawn up, against the broad background of total beach demarcation. That is one of the reasons why I told the hon. member that with the functions it has in respect of demarcation and control, the department cannot make regulations concerning bits and pieces of the coast, regulations about how and where the demarcation must take place. Neither is the Department of Agricultural Credit and Land Tenure able to exercise control in respect of the regulations that have been made. I told the hon. member that we would introduce legislation into this House that would make it possible for the Department of Agricultural Credit and Land Tenure to give control over those beach areas to that local authority so that they can then effect their demarcation with the approval of the relevant province. I cannot give them the powers. The powers of the local authorities must be given to them by the relevant provincial administrations, and that is exactly what this Bill now wants to do. This Bill will now give the control body at Margate the individual right to decide how they want to control demarcation …

Mr. D. E. MITCHELL:

May I ask the hon. the Minister a question? Did we have that prepared document for publication as a proclamation and you did not sign it?

*The MINISTER:

Yes, It does not mean that if something is prepared for a proclamation that cannot be implemented, such a proclamation must necessarily be implemented by the Minister. He is there to see whether a regulation can be made applicable to the various beach areas and whether the Department of Agricultural Credit and Land Tenure can implement that regulation. The point is that the Department cannot do so. In other words, the proclamation can be issued, but somebody must implement it. The proper body for exercising the control is the local authority that exercises control there. However, the Minister cannot transfer that power to the local authority. That power of local authority is vested in the relevant provincial administration which transfers the power to them. This legislation is therefore being introduced so that the power can be transferred to the local authority, and this applies to the whole country. Wherever there are beach areas over which the Department of Agricultural Credit and Land Tenure has control, local authorities leave those beach areas to local authorities to control. That is precisely what is happening in terms of this legislation. However, the hon. member for South Coast is not nervous about this. The hon. member’s nervousness concerns the fact that his party, when it suits them, adopts standpoints opposed to separate residential areas, and when it does not suit them, as in the case of Margate, it is now expected of someone to pull the chestnuts out of the fire for them. They then want someone to create the separate facilities for them there so that they can then do two things. In the first place they then want to tell people that they take care of the separate facilities, but that they are also opposed to separate facilities, as they are now, amongst themselves, also adopting views contrary to those of the Province the previous Administrator and the department. That is the whole situation, and I can therefore well understand the hon. member’s nervousness. When he came to ask me about the demarcation of Margate, I very clearly asked him whether this was not contrary to his party’s policy. I told him I had always thought the United Party was opposed to the demarcation of beaches. When the hon. member personally came to ask me about Margate, I asked him whether it was not contrary to his party’s policy. He then told me that the whole of Margate wants it and they all want it. That is why steps were taken to leave it to the Province of Natal to empower local authorities to carry out the demarcation and exercise the control. We could also have carried out the demarcation, but the Department of Agricultural Credit and Land Tenure is not able to exercise the control in the way a local authority can. If we carry out the demarcation, it means that the department must ensure that all the control measures are carried out. However, if the provinces are given the power to empower the local authorities to do so, the local authorities must implement those regulations. Consequently that is why this legislation has also been introduced. The hon. member for South Coast is not cross with me or with the hon. the Minister of the Interior now. On the contrary. I helped him to pull a chestnut out of the fire, something he and his party would never have managed to do. If his party were in power he would not have been able to pull this chestnut out, because it would have been contrary to his party’s policy. However, I have now helped him. His nervousness now results from the fact that in Natal he is saddled with a provincial council that does not agree with him about separate beach areas. Because the hon. member is in conflict with his party in Natal he now wants to put the blame on to me and the Government. He now wants to present his standpoint in connection with the demarcation of beach areas, this verkrampte standpoint the United Party states when it is fighting at Oudtshoorn, in the House as United Party policy, but in Natal he wants to hide behind his provincial councillors and say that the United Party are opposed to separate beach facilities. That is surely the United Party we know. I do not begrudge the hon. member all the happiness he can get from the standpoint he has adopted here. With this legislation I have saved the situation for the hon. member. In Natal I have done for him what his people want him to do, but which his party is opposed to. I now expect the hon. member to thank me for it.

Mrs. H. SUZMAN:

Mr. Speaker, we have had a very unexpected and exciting conclusion to the Third Reading of this Bill. I must say I was interested to see the hon. the Minister of the Interior intervene with the history of the Natal Provincial Council. I was aware of this history. It is largely because I was aware of the history of this dispute that has arisen between the members of the provincial council of the United Party in Natal and the leader of the United Party in Natal, that I was prepared to support this Bill. It was one of the main reasons because it seemed to me that the Provincial Council in Natal had shown some compassion about this question of zoning and beach apartheid, which, I believe, had not been exercised by the Central Government in setting aside beaches for the separate race groups in the Cape Peninsula. The history of this is that up to, I think, 1970, the responsibility for planning the zoning of beaches was actually supposed to have rested with the Central government. Once the zoning was completed, it was handed over to the local authorities who were then supposed to exercise the necessary control over those beaches. They were supposed to set up the notices reserving different beaches for different races. The Provincial Executive was given the task of doing this if the local authority did not do this, and they could claim a refund of expenses in erecting these boards. This is how I understand the position. We cannot, of course, debate the actual principle of separate amenities today and I said that during the Second Reading debate. I made it quite clear that, by supporting the Bill before the House, I was not supporting the principle of the reservation of separate amenities. But that is not the issue today, because that issue was decided, unfortunately, long ago. I was against it then and I am against it now. But the point is, who is going to administer the setting aside of the separate amenities. It seemed to me that what this Bill is doing is to take the authority from the Central Government and hand it over, in statutory form now, to the local authorities. I was hoping, having seen the dispute between members of the provincial government in Natal and the leader of the United Party in Natal that I could rely on the provincial authority to exercise rather more compassion in the setting aside of amenities in Natal than had been done in the Cape Province by the Central Government. I hoped that that would be the case. [Interjections.] I still hope that that will be the case. Whether or not that is going to be the case, only the future will tell. We will only know when we see what I call those humiliating notices dotting the beaches of Natal which today dot the beaches of the Cape from one end of the Peninsula to the other, and the beaches of East London, Port Elizabeth and Plettenberg Bay. Wherever one goes one finds notices—some of them are absurd, I might say—reading “Reserved for bona fide domestic servants of this area”, or “Bathing for Coloureds 1 560 yards south”, or words to that effect, as one notice at Plettenberg Bay reads. I wonder what visitors to our beaches think when they come off the boats at Cape Town, Durban and elsewhere and travel along our beautiful beaches and are then confronted by these notices.

Up to now I cannot say that any fairness whatsoever has been exercised in the setting aside of beaches for the different races by the Central Government. I want to give the House some examples of what has happened in the Cape on this particular issue. But first, perhaps I had better continue with my little historical survey first. Up till march, 1970 it was the Central Government that was responsible for the zoning of the beaches. They then handed them over to the local authorities with the specific understanding that the Provincial Executive would set up these boards, demarcating the beaches, if the local authorities refused to do so. That is what happened in Cape Town. The local authorities refused to do so, so the Provincial Executive erected the notices and then claimed back from the City Council the cost of those notices. But then, in March, 1970, the Government decided, as the hon. member for South Coast has put it, to hand over this hot potato—I think it is probably even hotter as far as I am concerned—to the local authorities to deal with. The Minister’s statement on the 13th March, in terms of which this was done, contained the following pious expression of opinion, it said that the Government considered it to be “most desirable for the personal convenience of the various races, and particularly for the promotion of good race relations, that effect should be given to this speedily”, presumably the Government was somewhat influenced by the hon. member for South Coast, who had stated that there would be racial strife if the beaches of Natal were not speedily zoned. Now, Sir, I want to show how, in fact, the personal convenience of the various race groups has been considered in carrying out this mandate. In East London the whole area from Nahoon to Orient Beach is zoned for Whites, including the centrally situated Eastern Beach which had been used up to then by persons who were not White. The hardest hit were, of course, the Africans, something like 200 000 of them, who will have to travel a minimum distance of 32 km to reach the nearest beach zoned for their use, and this, I might say, is a rocky area with a narrow strip of sand at one end. At Port Elizabeth we have exactly the same story as far as the Africans are concerned. They are pushed out of all the more accessible beaches to the remote rocky areas, with little, if anything, in the way of amenities or facilities.

Let us have a look at the personal conveniences as set aside by the zoning done by the Central Government in the Cape Peninsula. Let us look at the allocation of beaches for the Coloured people, because they are in the majority. How has the allocation of beaches been made as far as the Coloured people are concerned? On the Atlantic side, from Blouberg Strand to Cape Town, no area has been reserved for Coloured people, except Woodstock Beach on a purely temporary basis until the area is required for harbour expansion. I may say that no amenities have been provided, because the allocation of the beach is purely temporary, and in any case bathing is dangerous in that area. From the city to Houth Bay, the beach they have allocated to the Coloured People, again on a temporary basis until the end of 1971, is Sunset Beach at the end of Sea Point. This is a stretch of sand which is largely covered at high tide, and there is also a swimming pool. They have been allocated, until the end of 1971, Maiden’s Cove between Fourth Beach, Clifton, and Camps Bay, and they have been allocated nothing more up to Hout Bay, where an area next to the fishing harbour has been allocated to them. This, I may say, is of little, if any, practical use as it has no beach; it has only rocks and boulders; no bathing is possible there and access to it is difficult. If one goes beyond Hout Bay, near Kommetjie, one finds that two areas were set aside for Coloured people, namely Soetwater and Witsand. These were intended primarily for the people moved to Slangkop under the Group Area reservations from Simonstown, from Glencairn and from Kalk Bay. These beaches are 12 to 15 miles from the concentration of Coloured people that we have at Retreat and Steenberg and more than 20 miles from the main concentrattions in the Athlone complex. And I might say that access to these beaches would be by train to Fish Hoek, and then there would be a minimal and expensive bus service from Fish Hoek to Soetwater—20 cents each way. In other words, Sir, these distances preclude most of the poorer Coloured people from enjoying any of these facilities because of the travelling costs, apart from the fact that the beaches have obviously been utterly unfairly allocated when one looks at the population figures. I will say for the Cape Town City Council that it has been trying to get permission for the building of a lido and swimming pool for the city’s Coloured people at Paarden Eiland near Milnerton, but to absolutely no avail. In June, 1970, the M.E.C. in charge of local administration stated that with the positive resistance from the local people in the neighbouring area there was absolutely no chance that the city council was going to be able to build a Coloured swimming bath in this area, but he hoped that it would be possible to allocate a beach area somewhere reasonably close on the west coast for the Cape Peninsula Coloured people. For one reason or another, the closest available area turned out to be at Silverstream, which is beyond Mamre. Sir, can anyone say that this is a fair allocation? Really, Sir, the greed of the White people in this country is going to be their undoing in the end. I might say that when the discussions with a view to setting aside some area for the Coloured people were under way, the hon. member for Maitland did not play a very excellent part in this, because he made an announcement to Die Burger that it would lead to an extremely unhealthy situation if the lido were to be built, but in any case, of course, there was no reason to fear that this was going to be done. He said that he had an alternative site in mind for the Coloured people, and it would be very valuable if he would give us the benefit of his opinion in this respect.

I want to point out, Sir, that there are something like between 150 000 and 200 000 Coloured people living in Schotsche Kloof, District Six, Woodstock, Kensington and the northern municipalities of the Peninsula, for whom the Atlantic coast beaches would obviously be the most convenient, but what is finally being offered to them— this area near Mamre—is something like 30 to 40 miles away. As far as the Indian Ocean is concerned, all the beaches have been reserved for Whites, with the temporary exception of Kalk Bay Harbour which, ever since I can remember, has been a Coloured bathing area; it is the only one which is within reasonable reach of the Coloured people by train. Nothing else from Muizenberg to Simonstown has been reserved for the Coloured people—nothing at all. Sir, you have to walk for miles along the Muizenberg beach before you are shot of the notices which say “Whites Only”. Unless Africans or Coloured people have private transport, it is virtually impossible for them to get to the various beaches allocated to them.

An HON. MEMBER:

Let us give them Muizenberg. Would you object to that?

Mrs. H. SUZMAN:

Sir, I have bathed at Muizenberg since I was a very small girl, and I never had the slightest objection to the fact that there were Africans and Coloureds bathing there, and to the best of my knowledge nobody else had any objection. People largely kept to themselves out of desire; there were no notices, and it was always accepted that the African people and the Coloured people bathed at the end of the Pavilion beach.

An HON. MEMBER:

Is that apartheid or not?

Mrs. H. SUZMAN:

There was always a voluntary segregation, and if people want to segregate themselves voluntarily, that is fine with me, but I object to this compulsory segregation. I think it is a disgusting sight to see policemen armed with guns on New Year’s Day at the Muizenberg Beach, to ensure that Black people do not go bathing in the sea. That is what greeted the sight of the holiday-makers at Muizenberg, together with those “Whites Only” notices. I know, Sir, that the principle has been accepted that there are to be separate reservations for the different racial groups; that is something that one cannot argue in this House now, but having seen the way in which this was executed by the Central Government when it had control, I was prepared, and am still prepared, despite what went on there this afternoon, to support the Third Reading of this Bill, because I hope that when the local authorities have the power to control the setting aside of beaches for the different racial groups, they will exercise a little more generosity and a little more compassion than has been done when this has been left in the hands of the Central Government.

*Dr. P. J. VAN B. VILJOEN:

Sir, I can to a certain extent appreciate the hon. member for Houghton’s standpoint in the sense that she at least knows what principles she believes in.

*Mr. S. F. KOTZÉ:

They are buying apartheid.

*Dr. P. J. VAN B. VILJOEN:

This afternoon the hon. member quoted a few practical problems here in connection with the Act relating to separate beach facilities. I readily concede that there are certain practical problems, but I just want to say this to the hon. member: This side of the House believes that there must be demarcation, and we shall implement this regardless of any practical problems. Sir, is there any member on this side of the House who knows what the United Party’s standpoint on this matter is? Certainly not after the hon. member for South Coast made a long speech here this afternoon. On the contrary, I think there was a worse degree of floundering around than ever before in this House. Sir, in the first place there is a principle involved. The hon. the Minister of the Interior stated this very clearly here. He said he just wanted to know what the Leader of the United Party’s standpoint on this extremely important principle is. The hon. member for South Coast then stood up and made a personal attack on the Minister of the Interior; that was his reply to a question involving a matter of principle. Sir, it is also clear why hon. members on that side are so touchy about this matter. I think the hon. the Minister of the Interior has already indicated the most important points. But last year, on 17th November, 1971, the Leader of the National Party in the Natal Provincial Council asked the following question (translation)—

Has any local authority, since 10th January, 1967, made any representations to the Provincial Administration in connection with the demarcation of Natal’s beaches? If so, how many local authorities and what are their names; and (3) what was the drift of the respective representations?

The reply was that they received representations and they then mentioned all of them. I now just want to read to you what the nature of the representations was. For the most part they involved the municipalities situated in the hon. member for South Coast’s constituency, such as the Amanzimtoti municipality. The municipality of Amanzimtoti asked the Provincial Administration for the demarcation of beaches for the various population groups. The Ashley municipality asked for the reservation of beaches for Whites only. The Margate municipality: The reservation of the foreshore of Margate for Whites in accordance with the ordinance. In similar vein I could continue and mention Port Shepstone, Hiberdene, La Lucia, Verulam, Ramsgate, Tongaat and a whole lot of others. The fact remains that these people are asking for apartheid, but according to U.P. tradition, according to the old methods the United Party adopted in politics of South Africa, they again have this ambiguous approach to the matter. In Oudtshoorn they would like to be verkramp, but in Houghton or in Sea Point they want to be more progressive than the Progressives. The hon. member for South Coast can stamp around here at will, as he did this afternoon, but the fact remains they disagree. I shall quote to you from a 1971 report in connection with this matter. With reference to an interview, the hon. member’s standpoint at the time was (translation)—

If the beaches are not demarcated we shall perhaps shortly have a first-class row between the race groups.

As a result of this standpoint, what do the various M.P.C.s say about the matter? Let me quote a few. The first is Mr. Cusens. He states (translation)—

It is unnecessary for us to continue to allow Mr. Mitchell to lead us by the nose. I am not interested in becoming involved in a debate with him. He is entitled to his opinion. I am responsible for the beach at Durban North. As far as I am concerned I see no urgent necessity for the beaches to be demarcated for Whites and non-Whites. For years now the Whites and Indians have been fishing there together. I cannot see why Uncle Douggie now wants to separate the two groups.

Then there is Mr. Van Coller. He states (translation)—

I do not agree with our leader. Every person is certainly entitled to his opinion. He knows what mine is and I know what his is. Possibly I am still a little stupid as far as politics is concerned, but I know what principles I support.

Mr. Wollam states that he is completely opposed to the demarcation of beaches; complete apartheid is altogether impossible. He says we have a natural apartheid on our beaches. Sir, here you have the evidence. I could quote a great deal more to you. However, the fact also remains that the United Party Secretary in Natal has very serious doubts directly conflicting with the standpoint of that side of the House. I can quote from the Daily News of Novembe, 1971, in which their Provincial Secretary shies away from the principles, makes terribly elaborate excuses and explains under what circumstances the United Party was allegedly compelled to adopt its position. I quote—

He was in direct conflict with the United Party leader in Natal, Mr. Douglas Mitchell …

This is what Mr. Renton stated—

… who was reported to have said in The Argus that the absence of zoning regulations could possibly lead to a first-class row unless it acquires the full legislative right to control the coast from the Cape borders to the Portuguese border.

Those are the excuses these people try to advance in respect of why they now do not accept it. Then very recently Mr. Percy Fowle came along and on 2nd March stated—

Mr. Fowle said in a statement that it should be clearly understood that he and his colleagues in the Exco were not accepting the Bill on the basis of demarcation.

But here the hon. member for South Coast comes along this afternoon and tells us that the Natal Provincial Administration has already accepted this Act.

*Mr. S. F. KOTZÉ:

That is surely not true.

Mr. D. E. MITCHELL:

You have not read the Bill.

*Dr. P. J. VAN B. VILJOEN:

We cannot accept that argument. The hon. member will have to present us with other arguments on this important matter. In reply to the hon. member’s interjection I want to say that I have studied the Bill very thoroughly. Sir, again this is simply, as of old, the United Party’s ambiguous policy of telling one story in the cities and another story in the rural areas. They now again want to be more verkramp even than the verkramptes, because there is a by-election in progress at Oudtshoorn and they must satisfy a verkrampte candidate.

Mr. L. G. MURRAY:

We have had an interesting diversion from the basic principles of the Bill before us. I want to deal immediately with the remarks of the hon. member who has just resumed his seat and say that it is apparent from what has been disclosed this afternoon that there has been a long period of inactivity so far as the Government is concerned, in carrying out what it professed it intended to do when it passed the 1953 Separate Amenities Bill. Because in 1962 the hon. the Minister of Agriculture published in the GovernmentGazette general seashore regulations, and in 1962 took unto himself power to make special proclamations in regard to the seashore and portions of the coast. As I say, this was in 1962. But I go back earlier— the hon. the Minister of the Interior should be aware of this—to the attitude which was adopted by the then Minister of the Interior towards the Provincial Administrations when the 1953 legislation was introduced. The hon. the Minister, now the Minister of Defence, was then Minister of the Interior and the present Minister of the Interior will know that the provinces were told that unless they passed their ordinances to comply with the provision of the Separate Amenities Act, the central Government would dictate to the provinces what should be done in their provinces. That is what happened. I happened to be present as a member of the Executive Committee when that threat was made. What happened then? The provinces passed their ordinances and the problem of dealing with the provision of separate amenities with equity and justice was then tackled. The Provincial Council of the Cape then appointed a commission. The present hon. member for False Bay was the chairman of this commission. He had with him another provincial councillor of the National Party and a provincial councillor of the Opposition. We felt that this was a matter to be dealt with by the elected representatives of the people and not by Government officials. That commission started working and it dealt with the whole of the coastline of the Cape from one end to the other. But in the middle of that came the pressure politics. When certain recommendations were made in Mossel Bay which did not suit the Nationalist mayor of Mossel Bay, who had access to the Prime Minister, there were representations to the Prime Minister to say that this commission was coming out with some stupid suggestions because they wanted to set aside an area of beach adjacent to the town of Mossel Bay for the use of the Coloured people, of whom there are large numbers in Mossel Bay. What happened then? The National Government then immediately, without even communicating with the Provincial Administration, appointed the Torlage Commission. I need not tell the House of that commission which sat for a fairly lengthy time without producing any solution anywhere to the problem of providing separate amenities with the result that it was recalled and disbanded and the provinces were told to get on with the job themselves. The fact of the matter is that today we are sitting in 1972, 19 years after this Government had said that it was going to take steps to provide amenities, when there has been as much action under that Act as there is development under the separate development policy of this Government. What is happening today? The position is to say to the provincial administration: “You take this over again, please. We have now found, and that is our excuse, that we could not do anything legally because the Act had to be amended”.

Mr. T. HICKMAN:

Back to square one,

Mr. L. G. MURRAY:

That is where we are, as my hon. friend says, back to square one. In the meantime, over these years, there has been hurt, dissatisfaction and conflict between interests and groups of our population without any decision being arrived at. We have found local authorities being thwarted every time they attempted to arrive at some reasonable and proper conclusion so far as the provision of separate amenities was concerned. The hon. member for Newcastle need not worry, we are quite clear on this side of the House that we believe it to be in the intersts of the races of South Africa and peaceful coexistence in South Africa to have separate amenities. We have said over and over again that they should be equal so that justice is done in the provision of separate amenities.

The MINISTER OF INFORMATION:

Is that not petty apartheid?

Mr. L. G. MURRAY:

We believe that these separate amenities should be provided by the local authority closest to the people having the maximum say. The maximum of local options and wishes should be considered in the provision of these amenities. That is our pledge; it is a humanitarian approach to the problem in avoiding possible points of conflict. We believe that that should be done. While we have supported this Bill and while I hope this will be effective now, I hope the Government will not stand in the way of the local authorities by saying: “You cannot do this here because we feel that this is the way it should not be done; you cannot do it there … ", when the local authorities wish to provide amenities. In regard to the provision of amenities, the hon. member for Houghton spoke about the Cape Peninsula. We agree that there is no justice in the allocation of these amenities, but it is not the fault of the local authority; it is the fault of the Nationalist provincial administration in the Cape which has vetoed many schemes and the Central Government which has vetoed others. That is the reason. What is the result? The result is that the local authority is faced with fantastic costs in providing amenities and transport services so as to give some amenities to the non-White population. That is how it is being done. One only has to look at the tidal swimming pools that have been built round the Cape Peninsula. They were built to provide some facilities, because that is the only place where the local city council or the divisional council have been permitted to establish those facilities. I think the country will benefit by the discussion we have had here this afternoon. In regard to the discussion which took place in the Provincial Council of Natal as recently as February this year, the hon. Minister for the Interior did not tell the House that the Council were only told that a draft Bill would be published for general information. They had no knowledge of the contents of this Bill whatsoever. He did not add what Mr. Fowle had said. I quote Mr. Fowle—

And the interesting feature is this that one can imagine a dedicated Nationalist like the hon. the Leader of the Opposition wanting to repeal that Ordinance so …

That is the separate amenities Ordinance in Natal—

… that all the power would remain forever and ever in the hands of his people in Pretoria. And that the handling of this particular element that he says is demanded by the people to put up barriers should not be in Natal’s hands. I can understand that, but …

Then he goes on to say for the interest of the hon. member for Houghton—

… I find it very difficult to understand Mr. Mullins’ approach …

Mr. Mullins being a leading Progressive—

… to want to deprive Natal of that little bit of control that is left, that could be used to see to it that the non-White people get a square deal in regard to amenities and facilities.

[Interjections.] Mr. Mullins was not in favour of it. I mention this and I am glad the hon. member for Houghton is supporting this Bill today, as this was not the attitude of the spokesman of her party in Natal. The whole trend of the speech of Mr. Fowle was that he wanted to have the power so that they can ensure a just deal as far as the non-Whites are concerned. Sir, it is no good hon. members opposite suggesting that we on this side are attempting to put on a facade of verkramptheid. What is being exposed to the public of South Africa, as far as this National Government is concerned, is its ineffectiveness, its inability to carry out any aspect of the policy which it has been attempting to sell to the electorate over the last few decades. That is what is happening. Now that the economic and other aspects are coming to the fore this Government is having to face the music—and the music is not very sweet in their ears in certain constituencies—then there comes this attempt to beat the old drum which was used so many decades ago. The position is that this Government has failed lamentably in its attempt to solve this aspect of South African life to ensure that all our people can enjoy the amenities of South Africa without conflict or collision of interest. They have failed to do it. To the extent that the National Government is now surrendering those powers to the provinces and the local authorities, we on this side of the House welcome the Bill.

*The DEPUTY MINISTER OF AGRICULTURE:

Mr. Chairman, the hon. the Minister of the Interior entered the debate with facts I am not aware of.

*Mr. P. A. PYPER:

His facts were wrong.

The DEPUTY MINISTER:

I found it an encouraging thought that the Opposition supports this legislation. But as far as I am concerned this is a matter of honesty, because I believe that one must be honest, whether one is in politics or business. The Opposition’s object is to destroy the hon. the Minister of the Interior. He comes along here with honest questions and says: “As recently as three months ago your province was opposed to this measure …

*Mr. J. O. N. THOMPSON:

Not opposed to this measure.

*The DEPUTY MINISTER:

Very well then, in 1965 the province was opposed to it. The word “apartheid” was a swear-word. What is the present-day standpoint of the hon. members on the other side? The hon. the Minister told the Opposition:“Give me an answer in connection with the dispute in the Natal Provincial Council. On the one hand we have the idea of the United Party leader of the Province, the hon. member for South Coast, and on the other hand the idea of his own provincial council and of his leader; let us bring those two conflicting points together.” The hon. member for Bezuidenhout stands up and speaks of “petty apartheid”. The Opposition will not tell me now what their standpoint is in respect of the Nico Malan Theatre.

*Mr. D. M. STREICHER:

Oh!

*The DEPUTY MINISTER:

I do not know what it is; I cannot find out. That is why I say that we must conduct politics honestly and that they must tell me:“Look, that is our policy.” Whether it is a matter of beaches or the Nico Malan Theatre, I am now asking them not to blow hot and cold. That is what I so dearly wanted to hear in connection with what the hon. the Minister of the Interior said here this afternoon.

*Mr. J. O. N. THOMPSON:

It was stated clearly.

*The DEPUTY MINISTER:

Hon. members persist in saying that they stated the matter clearly, but they know that in the Cape Provincial Council there are persons who have a totally different idea to theirs about apartheid. Along the way we hear that the National Party has accepted the United Party’s policy. What has the Government not had to go through the past 24 years in connection with apartheid legislation that has been opposed tooth and nail by the Opposition? What is the Opposition’s present-day standpoint as far as these aspects are concerned? There is one thing I do not do. The hon. member for South Coast need not be concerned; it is not in my nature to mention, across the floor of the House, private correspondence or discussions with members of the Opposition in the Lobby or in my office. That is not in my nature. People must feel free to make contact with each other as far as problems are concerned. Do not feel uneasy. The hon. member for South Coast is definitely sitting on pins and needles now.

Mr. D. E. MITCHELL:

Read it.

*The DEPUTY MINISTER:

I am not going to do so, because then in future there will no longer be that confidence. The hon. member quoted from a discussion between himself and Minister Uys.

Mr. D. E. MITCHELL:

It is innocent.

*The DEPUTY MINISTER:

It is not in my nature. The hon. member for South Coast says : “They are passing the buck; all the departments are passing the buck” and that is takes an eternity before he obtains a reply or a decision. But with what kind of thing does he come along? He comes along with matters about which a decision or a reply cannot simply be given overnight. There are many of his requests that definitely have to be considered very carefully. The hon. member knows exactly what our policy is. Everyone in South Africa and in the world knows what our policy in respect of apartheid is. However, no-one can honestly tell me what their policy is as far as apartheid is concerned. The hon. member for Bezuidenhout is constantly speaking about “petty apartheid”. He replied and said that the biggest example of petty apartheid is the Immorality Act. I tell you honestly that I cannot tell a voter that this is my policy and that that is the Opposition’s policy. That policy of theirs changes from Brakpan to Oudtshoorn like day into night. That is definitely so.

Mr. D. E. MITCHELL:

Do you deny what I said?

*The DEPUTY MINISTER:

Now the hon. member for South Coast says ironically—and the hon. member for Green Point also referred to that—that an attack is being launched here by Natalians on the member for South Coast. Not one Natalian has yet supported him; but the member for Houghton and the member for Green Point have done so. It seems to me he is a voice crying in the wilderness. He says we want to transfer the responsibility to the local authority. Of course. We must delegate it. To implement the powers of beach apartheid this must be delegated to the various municipalities after a provincial proclamation. How else must we do so? Must we do so from the offices of the Department of Agricultural Credit and Land tenure? They are throwing up a smokescreen which will not benefit them at all.

Mr. D. E. MITCHELL:

What about the proclamation?

*The DEPUTY MINISTER:

Now the hon. member for South Coast must not try to play me off against the Minister; he will have no chance of belling that cat. If there are two people who work wonderfully together, it is my Minister and I. Every time that hon. member wants to drive a wedge between us.

*Mr. D. M. STREICHER:

You killed the cat …

*The DEPUTY MINISTER:

The hon. member for Houghton speaks for her “customers”. I agree she has no choice. I am not going to answer her about whether the facilities are sufficient or not. She does not mention that in Sea Point there is a beach for Coloureds.

Mrs. H. SUZMAN:

I did say that.

*The DEPUTY MINISTER:

Then I did not hear the hon. member. I understand that beach is hardly ever used. It is not an unpleasant beach at all. Why are those so far away embroidered on? There is one thing the hon. member said, however, that encourages me to think that my policy is nevertheless still a correct one. She said : “Since I was a child there was voluntary apartheid on the Muizenberg beach”.

Mrs. H. SUZMAN:

And I said there were never any notices.

The DEPUTY MINISTER:

There were no notices, but we had voluntary apartheid. Those were your words. Your words were that there were Blacks, but that they used another part of the beach. In other words, the hon. member is completely happy with apartheid. But what happens when it is not voluntary and those people insist on swimming amongst the Whites? What will the hon. member then do?

Mrs. H. SUZMAN:

Nobody objected to that either.

*The DEPUTY MINISTER:

It was a revelation to me that the hon. member swam at Muizenberg from her childhood days and that there was voluntary apartheid. The Blacks swam to one side. However, the day will come when those Blacks will say that there must be mixed swimming. What is the hon. member going to do then? Is she going to ask for a notice to be erected or is she still going to speak of voluntary apartheid? I now want to ask her whether she swam amongst the Blacks or with the Whites when she was a pretty little girl. The hon. member for Green Point said that for a long time we did nothing, but I know we shall get no answer from the United Party even though we talk till we are blue in the face. The Opposition realizes today that present-day South Africans want to swim separately and that South Africa does not want mixed audiences in the Nico Malan Theatre. Tomorrow or the day after the United Party will accept this. My standpoint is separate development and not oppression. I believe in every man to his own country and every monkey on his own crag; you, White man, in your country and you, Black man, in your country, and that is the end of it.

Motion put and agreed to.

Bill read a Third Time.

PERISHABLE AGRICULTURAL PRODUCE SALES AMENDMENT BILL

Bill read a Third Time.

DAIRY INDUSTRY LAWS AMENDMENT BILL (Third Reading) Mr. W. T. WEBBER:

Mr. Speaker, we have now come to the closing stages of the discussion on a Bill which amends the provisions of the Dairy Industry Act and applies the whole of the Act to South-West Africa and particularly applies to South-West Africa all the provisions regarding the manufacture and sale of margarine. In regard to this matter, there are certain questions which I would like to put to the hon. the Deputy Minister and certain other remarks I would like to address to him. These are in connection with the control of the sale of margarine and the control of the dairy industry in the face of the competition which is now going to be put to the dairy industry in South-West Africa by the advent of margarine and, in particular, the advent of yellow margarine. The series of questions I have been asked to put to the hon. the Deputy Minister in all sincerity, and I am sure that he will reply to them in his usual courteous manner, is, firstly, in regard to the issue of licences. Will he issue licences to manufacturers in South-West Africa to manufacture yellow margarine? Is it his intention at this stage to issue only to one manufacturer, or will more than one such licence be granted? Will manufacturers in the Republic be allowed to export yellow margarine to South-West Africa? Will he issue an additional quota for South-West Africa or will a portion of the Republic’s quota of 18 000 metric tons be rerouted to South-West Africa? Who will be in charge of the distribution of yellow margarine in South-West Africa? Will it be the board and will they appoint agents as they do for the distribution of butter? Having put those questions to the hon. the Deputy Minister I am sure I will get answers from him in time.

I want to put it to him that he has now created in South-West Africa a situation where the Dairy Board, particularly in regard to the sale of butter, is for the first time going to be faced with competition from some other product. I wonder how prepared that Dairy Board is for this particular competition which it is going to face. It is going to be faced with the sort of competition which the Dairy Board in this country has faced, namely high finance using high pressure salesmanship aimed at the housewife in particular with one object only, namely the sale of yellow margarine. Unfortunately, we have found that these manufacturers are prepared to go to almost any end and to use almost any means to sell their product. I sincerely hope that the Dairy Board in South-West Africa is going to be ready and prepared to counter this sort of attack which is now going to be launched upon their product. I refer particularly to an advert which has appeared in almost every daily newspaper and Sunday newspaper throughout the Republic. It shows a picture of a gentleman, obviously a little overweight, about to place something in his mouth. It reads:

Stop! Shouldn’t he be eating Floro? It’s highest in those vegetable oils which help check unhealthy cholesterol buildup.

I would like to have the attention of the hon. the Minister of Health for a moment, if I may, because it does concern him too. When the announcement of the introduction of yellow margarine was first made in this country, it was made by the hon. the Minister of Health. The reason he gave for the introduction of yellow margarine into South Africa was this particular health hazard.

The MINISTER OF HEALTH:

Did you read what I said?

Mr. W. T. WEBBER:

I have read it. We have had this argument before.

*The MINISTER OF HEALTH:

You are lying.

*Mr. A. FOURIE:

Mr. Speaker, on a point of order, is the hon. the Minister entitled to say: “You are lying?”

*The MINISTER OF HEALTH:

I withdraw it, Mr. Speaker, but he must read what I said and not just put words into my mouth.

Mr. W. T. WEBBER:

Sir, we have argued this point before with the hon. the Minister of Health. I will put it this way: The inference was drawn from his words …

The MINISTER OF HEALTH:

Yes, but I did not say it.

Mr. W. T. WEBBER:

That’s right. I will be fair.

An HON. MEMBER:

What inference?

Mr. W. T. WEBBER:

The inference was drawn from his words that there was a danger of heart disease if one consumed animal fat, including butter.

Mr. S. F. KOTZÉ:

That is true.

Mr. W. T. WEBBER:

An hon. member says, “That is true”.

An HON. MEMBER:

What about it?

Mr. W. T. WEBBER:

That is fine. I accept it; but these manufacturers have taken advantage of this sort of statement and the inference which was drawn from the speech of the hon. the Minister of Health, to produce this sort of advertisement. The obvious inference is that the yellow substance which this gentleman has in his hand and is about to place in his mouth, is butter. The inference to the housewives of South Africa is: “If you don’t want your old man to die of a heart attack, don’t give him butter—feed him rather on Floro, the pure yellow margarine.” I want to say here and now—I am sure the hon. the Minister of Health will agree with me—that this sort of advertisement is based on certain selected data which is deliberately extracted by the manufacturers for this sort of advertisement, while certain other data which is against their case, is being deliberately suppressed. I believe the Dairy Board in South-West Africa would almost be justified in producing a counter advertisement to this one.

The MINISTER OF HEALTH:

They did.

Mr. W. T. WEBBER:

I agree with the hon. the Minister. A counter advertisement was introduced reading: “You love them, give them butter”. I want to compliment the Dairy Board on it. I think it is a very good advert. But in the face of the fierce competition they are getting from the margarine manufacturers, I believe the Dairy Board should go further. I am almost inclined to say to the hon. the Minister that he should ask the Dairy Board to use the same irresponsible tactics the margarine manufacturers are using, and that they should also investigate certain reports and experiments which have been conducted, primarily overseas. I refer to one in particular, conducted by Dr. Seymour Dayton, professor of medicine at the University of California, on which he reported recently. That was the result of an eight-year controlled clinical trial of a diet high in unsaturated fat in preventing complications of heart disease. In this experiment 846 people were studied, of whom half were on a conventional diet, that is a diet of butter, cooking being done in dripping and lard. Almost wholly animal fats were taken in. The other half were on a diet that was altered by the substitution of vegetable for animal fat. Margarine was used as a bread spread and cooking was done with sunflower and other vegetable oils. In this experiment the over-all death rate was almost equal—178 in the one group and 174 in the other group—but this interesting fact emerged: In the unsaturated fat group, that is to say, the group on margarine and vegetable fats, the incidence of death from cancer was almost double that in the animal fat group. Sir, there was another experiment. Two Californian researchers reported recently that there was a higher incidence of cancer in men on a diet of unsaturated or vegetable fats. Sir, I am no scientist; I am no medical man, and I am not prepared to say who is right, but what I am trying to show to the House this afternoon is that by the use of certain data, to the exclusion of other data, anything can be proved. I believe that this is what the margarine manufacturers are doing today, to the detriment of the dairy industry. Sir, I hope that the hon. the Deputy Minister is going to take the power, or if he has not got the power, that he will use his influence with the Cabinet Minister concerned to see that this sort of advertisement does not continue to appear in our newspapers. It is grossly misleading to the public of South Africa. I hate to think what reaction there would be if the dairy industry were to put out an advertisement similar to this, reading: “Don’t feed your old man on margarine; he will die of cancer.” Because that is the implication of these experiments.

In conclusion, on this particular point, I think I must say to the House that another factor in favour of what I have just been saying is the fact that New Zealand has the highest per capita intake of butter in the world, yet it has the lowest incidence of heart disease. The United States of America, on the other hand, has the lowest per capita intake of butter, yet it has the highest incidence of heart disease. In the face of these facts, Sir, can we continue to allow this sort of advertisement to the detriment of the dairy industry?

As I have said, the dairy industry in South-West Africa is now facing a challenge from yellow margarine, and I want to say to the hon. the Deputy Minister that he must give that Dairy Board all the powers which it requires to fight this challenge. I believe that the Dairy Board can sell its products. It has a natural product to sell which I believe is the finest product because it is a natural product, but I believe that up to now the Dairy Board has not had to sell its products. Sir, in the trade we have two terms; we talk about “marketing” and “merchandising”. I do not believe that the Dairy Board has done either, because it has not had to do so. It has had a product on which it has had a monopoly. All it has done has been to place that product before the housewives and say to them: “There you are; you must buy it because it is the only one you can buy.” Now, however, it is facing competition, and I want to put it to the hon. the Deputy Minister that he must do with the dairy industry what was done with the citrus industry in this country. The citrus industry took a marketing man, a man who did not know one kind of orange from another kind of lemon, and put him in charge of the marketing of citrus. In doing so, it placed the citrus industry on the well-balanced footing that it is today. The citrus industry has introduced the “citrus seal”, and I want to suggest that the hon. the Deputy Minister should consider introducing a “dairy seal”. Let us have a seal for pure products.

The MINISTER OF AGRICULTURE:

Why not a “butter seal”?

Mr. W. T. WEBBER:

It is the same thing; I accept that suggestion from the hon. the Minister. I am sure that the hon. the Deputy Minister is aware that most of the so-called ice-cream which is sold today has not got an ounce of dairy products in it; it has no milk in it, let alone any cream. In order to protect this industry and to give it a chance to sell its products, I wonder if the hon. the Deputy Minister is not prepared to take out a trade mark on the word “cream” to ensure that the word “cream” will only be used in products in which dairy products are used.

The MINISTER OF AGRICULTURE:

What about face cream?

Mr. W. T. WEBBER:

No, obviously not face cream, but since the use of the word “ice-cream” implies that it contains cream, a natural product from a cow, the manufacturer should not be allowed to use the word “ice-cream” where it contains no cream at all. I am dealing with food-stuffs now. The Deputy Minister knows what I am talking about. I must say in fairness that some ice-cream manufacturers do at least go so far as to say, “this is a sherbet,” which clearly indicates that there is no dairy product contained in it at all.

Sir, we have to go further. We have to market our products, and the one in which we are mainly interested at the moment is butter. Butter at the moment in South Africa is produced in two sizes only, 250 grams and 500 grams as far as the housewife is concerned. It is packed in a plain wrapper of vegetable parchment. There is nothing inspiring about it at all. If we want to merchandise that product, let us think of some other means of wrapping; let us make it more attractive to the housewife. Let us put some sort of picture on it; let us put market research people on the job. I do not presume to know all the answers.

An HON. MEMBER:

What about the Minister’s face?

Mr. W. T. WEBBER:

I think we should use a marketing expert in the Dairy Board to sell this product. Let us conduct market research; let us ask the housewives what sizes of packs they want. Let us ask them whether they are satisfied with only a 250 gram pack and a 500 gram pack.

The MINISTER OF AGRICULTURE:

It has been done.

Mr. W. T. WEBBER:

The hon. the Minister says it has been done. I wonder if a 100 gram pack would not be more attractive to more housewives, and certainly more attractive to more non-Whites. I must give the hon. the Minister credit for introducing such a scheme a little while ago; he introduced a 10 cent pack of butter. It was a brilliant scheme, and I complimented him on it, but what happened to it? It has never been used; it has never been sold; they have never packed butter in these 10 cent packs and given them to us, the retailers, to sell, especially those of us who are in the Bantu areas for whom it was specifically designed. Every day in my supermarket some Bantu customer asks me whether I will not cut a ½ lb. of butter in half because she has not got the refrigeration to keep 250 grams of butter. This is the point that I am making to the hon. the Minister. I complimented the hon. the Minister of Transport the other day on the fact that today in an aircraft you get a 10 gram pack of butter. At least those who cannot tell the difference between butter and margarine are sure now that they get butter when they fly with the South African Airways. I am sure that the hon. the Deputy Minister knows that there are others who would also like access to this 10 gram pack of butter—hotels, restaurants, caterers in various spheres—but they cannot get it. Why not? The Dairy Board should be pushing these things. Every available outlet should be investigated by the Dairy Board to counter the competition which is facing it in this country. Sir, these are some ideas that I want to put forward for the hon. the Minister’s consideration. I want to appeal to him to put them to the Dairy Board and to see that they are carried out. We have a good product; let us sell it.

But there is another aspect, too. As I say, butter is packed in vegetable parchment. The shelf life of butter in vegetable parchment is very limited. Experiments overseas have proved that if it is packed in tin foil the shelf life of butter is extended considerably. This is another aspect which I believe should be considered. Moreover, if butter is packed in tin foil, it can be made more attractive to the housewife; it will look better. When the housewife goes to the deep-freeze in the supermarket and she is faced with white margarine, yellow margarine and butter, Holsum and all the other cooking fats, the first thing that should hit her eye is the butter in that deep freeze; that is the product that she is then going to buy.

Now, that deals with butter, but there is another aspect of this dairy industry. Because of the competition that the dairy industry is now facing from yellow margarine, I believe, and I am sure the hon. the Deputy Minister will agree with me, that the consumption of butter in this country will drop from 120 million lbs last year to 80 million lbs. The quota for yellow margarine which has been granted is approximately 40 million lbs. and I do not believe that there will be more than 80 million lbs of butter consumed. I sincerely hope there will be more, but my estimate at this stage is that that is all the butter we will consume. We have, however, to continue to produce milk, because if we do not, what are the people of South Africa going to do for this natural health food? Sir, we have to stimulate the dairy industry from rock-bottom, on the milk side, and this means that we have to sell more milk—not only more butter but we have to sell more fresh milk. I do not know whether the hon. the Deputy Minister is aware that three years ago here in Cape Town when the hon. the Deputy Minister of Bantu Administration started his reduction of Bantu labour scheme, a consortium was formed of three main milk distributors who are distributing all the fresh milk in Cape Town, through three outlets. At about the same time the plastic pack was introduced for the first time. Certain businessmen negotiated and purchased milk in plastic packs and put this out through supermarkets and I am given the assurance—I cannot vouch for it, but I am given the assurance by the people concerned—that it was never used as a loss leader. In other words, milk was never sold at a loss. Statistics will prove, and I am sure that if the Deputy Minister goes to check on this he will find that this so, that in the first month the daily average consumption of fresh milk here in Cape Town, in the Western Province, went up by over 3 000 gallons a day, and over a period of two months the increase was slightly more than 6 000 gallons of fresh milk a day. This was the increased consumption, when it was sold through the supermarkets. But through this consortium the supermarkets had their supply closed off. Eventually they were able to negotiate with the consortium again that they could supply milk and today you can buy fresh milk in the supermarkets, but it is controlled and the consortium is compelling the supermarkets to maintain the retail price. RPM, retail price maintenance, is being applied in regard to fresh milk in the Western Cape. I sincerely hope this will not be allowed to happen in South-West Africa in the face of this competition from yellow margarine, because what did this mean to the fresh milk producer? It meant the sale of an additional 6 000 gallons of fresh milk per day at a higher price. It meant that there were 6 000 gallons per day less to be separated to produce this butter of which we are going to have this big surplus in the face of this competition from yellow margarine. This is another aspect that I think the Deputy Minister must look into. Allow the supermarkets to sell milk. Sir, does it matter to the Dairy Board if the supermarkets want to sell it at a loss, if necessary? They are selling their products, and what happens after that is of no concern to the Board. But I believe that the supermarkets should be given the opportunity and we will find once again that the consumption of fresh milk will increase and we will be part-way towards solving the problem of over-production of butter. But above all we will have more of this health-giving product sold, because the supermarkets are merchandisers; they are marketers. They only have to put an advertisement at the door of the supermarket to tell the housewife that the price of milk will be reduced by 2 cents a litre today and that milk will simply walk out of the supermarket.

Sir, we have taken a big step forward. I believe that the war between margarine and butter is over. I believe that the dairy industry must face up to the competition which they will now have to face for the first time, but I am sure that with the cooperation of the people who have the interests of this industry at heart, the whole dairy industry of South Africa can be put back on a sound basis.

*The DEPUTY MINISTER OF AGRICULTURE:

Mr. Speaker, the hon. member has asked me quite a few questions. I want to mention, firstly, that in South-West Africa margarine will be manufactured under licence. On the question of whether there will be one or two licences, I can only say that it is not a closed business. If there is a greater demand and people want to enter the market, licences will be considered. So if there are two or three who have licences and the demand for it exists, more will be added. As regards its exportation, the question was whether this takes place from South Africa to South-West Africa, or from South-West Africa to South Africa. These arrangements will be made by the Dairy Board. If a local factory has been established there, one would not want it to be ruined as a result of imports from the Republic. The main question asked by the hon. member was whether there would be additional quotas for South-West Africa. It is logical that there must be additional quotas for South-West Africa. If you grant quotas there and you grant quotas here you cannot allow the one to intrude on the other’s market. It is a waste of money and it involves additional transport costs. If the Dairy Board of South-West Africa comes with the request—it is possible that they may come with the request—that they want to import margarine because their factory has not yet started to produce, we can provide for that additional portion which goes to South-West Africa. I want to tell the hon. member that we would welcome it if the margarine manufacturers should want to export to other parts of the world. It is in fact the intention to work in that direction. It would help the oil-seed and groundnut farmers. Now the hon. member asks whether we are going to appoint agents.

This will be done by means of an agent who will be appointed by the Dairy Board of South-West Africa in consequence of proposals which are made to it.

*Mr. W. T. WEBBER:

Will they do it themselves?

*The DEPUTY MINISTER:

I doubt whether the Dairy Board will do the distribution themselves, but it may be that they will find that it is more efficient if they do it themselves. I doubt whether this will be the case, however. South-West Africa used to be a country which exported butter, and today South-West Africa has to import from the Republic, because its production of butter has dropped sharply. The hon. member spoke of cholesterol and the advertisement which relates to it. I do not like that Stork advertisement at all, and therefore I have to agree with him. The Dairy Board will look into these matters. That advertisement insinuates that butter is fattening, or that it has some other adverse effect on people. The one point which the hon. member must remember is that the manufacturers of yellow margarine or white margarine in the Republic are also very active in the concentrated feed industry. They told us that they honestly do not want the dairy industry to be adversely affected, because they are also the people who have to sell oil cake and concentrated feed to the dairy farmers. Therefore I feel that if we were to talk to them and tell them to put an end to this sort of advertisement it would help. We also have regulations which must be complied with. I do not believe it is right to tell the dairy industry that they should advertise butter in the same negative way, because a negative thing never works. If we ask for their co-operation, I think we will achieve much more. The hon. member talks about tin foil. That is quite right; but it adds an additional cost to the price of butter. When we see even the 10 gram butter packs on the aircraft I wonder whether we should not make butter available to cafes and so on in the same form. The hon. member referred to the 10 cent pack of butter and asked why it had been abandoned. I want to tell the hon. member honestly why it was abandoned. It was abandoned because the shopkeeper did not want it.

*Mr. W. T. WEBBER:

Is that so?

*The DEPUTY MINISTER:

Yes, that hon. member may be an honest shopkeeper. Some of the shopkeepers said that they did not buy the 10 cent packs because they could cut up a pound of butter into four pieces, into quarter pounds. Many shopkeepers cut it up into five pieces.

*Mr. W. T. WEBBER:

They are not allowed to.

*The DEPUTY MINISTER:

He used to cut it up into five pieces and now he cannot do so any more, because he gets it already cut up into a quarter pound. Now he simply says that he is not interested. The Dairy Board found that the 10 cent packs were not as attractive and popular as they had thought they would be. All these matters are being investigated again, however. I want to repeat that I do not disagree with the hon. member. The hon. member is seeking a market for butter and that is why I say that I respect his opinion, namely that we must sell more butter in this country. The hon. member referred to the citrus seal. It is a very good idea that something similar should be found for dairy products. There are people selling ice-cream today who do the same as some people who sell orange juice. They sell their product under the name of “orange juice” and then “imitation” appears in small print on the top. It is so small that you can hardly see it, and if you look you will find sweet blow all of an orange in the bottle. Then we imposed the condition that before it gets this seal it must contain a certain percentage of orange juice. We can investigate this direction in regard to ice-cream. For example, if a man wants to sell ice-cream or dairy products, he must stipulate what the contents of the dairy product in that package is. Then the hon. member says we should sell more milk. The hon. member is also aware of the fact that we import cheese and condensed milk.

*Mr. W. T. WEBBER:

Is there a shortage?

*The DEPUTY MINISTER:

We import cheese from abroad. We produce cheese ourselves, but with the increase in consumption there is a shortage. We cannot switch over the factories overnight. The Factory which received dairy milk and produced butter can only gradually be switched over. The farmers must be educated. Where they used to send cream they must be asked to consider sending industrial milk instead for the manufacture of cheese. This is one of the solutions by means of which the farmer can be helped. The hon. member says that chain stores must be allowed to cut the price of milk and sell it for less. That is something with which we must be very careful. When we give a certain group, the chain stores, for example, the right to undercut the existing supplier of milk and dairy products—the traditional shops which delivered those products to the houses—that small shopkeeper cannot make a living any more. After all, the chain stores have a loss leader, so that, when they charge you two cents less for a pint of milk, they recover it on a tin of shoe polish which they sell you. Somewhere they catch you. Perhaps the cashiers even ring up the till incorrectly—hon. members know how they operate those cash registers. We cannot allow chain stores to take over the market eventually. As soon as they have the monopoly they will do as they please. I am not saying that I disagree with the hon. member. The Dairy Board has often gone into these problems. We will look at his suggestions and proposals again, because I believe that the hon. member’s proposals are positive and are meant to help the dairy industry.

Motion put and agreed to.

Bill read a Third Time.

VETERINARY AMENDMENT BILL

Report stage taken without debate.

Bill read a Third Time.

FERTILIZERS, FARM FEEDS, AGRICULTURAL REMEDIES AND STOCK REMEDIES AMENDMENT BILL

Committee Stage taken without debate.

SUBDIVISION OF AGRICULTURAL LAND AMENDMENT BILL (Committee Stage resumed) *The DEPUTY CHAIRMAN:

Order! In terms of a resolution of the House the Committee has been empowered to revert to Clause One. Before putting the Clause again, I must inform the Committee that I have given further consideration to the admissibility of the amendment which, on the motion of the hon. member for False Bay, was agreed to by the Committee on 7th March.

It appears that the amendment enables the Minister of Agriculture to declare land, which under paragraph (a) of the definition of “agricultural land” was excluded by the Bill as read a Second Time, to be agricultural land for the purposes of the Subdivision of Agricultural Land Act, 1970. Although the amendment is relevant to the contents of the Bill, it is tantamount to an extension of the scope of the Bill, which can only be effected by means of an instruction of the House. I have concluded, therefore, that the amendment should be deleted from the Bill. Mr. Speaker, to whom I submitted the matter, has agreed with me.

As the required instruction has now been obtained, the amendment in question is in order and may therefore be moved.

Clause 1 :

*Mr. L. LE GRANGE:

The hon. member for False Bay, who originally moved the amendment, cannot be present, and in his absence I move the amendment, as follows—

In line 35, after “Africa” to add “but excluding any such land declared by the Minister after consultation with the executive committee concerned and by notice in the Gazette to be agricultural land for the purposes of this Act”.
*Mr. D. M. STREICHER:

Mr. Chairman, it would be unnecessary to repeat the entire debate we had in connection with the hon. member for False Bay’s amendment. However, I nevertheless think it is necessary for me to just sketch briefly why we on this side object to the hon. member for False Bay’s amendment which has now been moved on his behalf by the hon. member for Potchefstroom. We feel that in terms of the Subdivision of Agricultural Land Act the Minister already has sufficient powers to deal with the subdivision of agricultural land. It is also our view that it is unnecessary for agricultural land in an urban area to now also require the Minister’s approval before it can be subdivided— and that is actually what this amendment amounts to. We see in this amendment not only a step to restrict the Interests a farmer might have in such land. The amendment will also result in the restriction of local authorities who would like to carry out urban development. Unfortunately some of this agricultural land will fall in urban areas. Also, unfortunately, some of those towns must develop from time to time. Why is it not enough to leave the planning of new areas to the local autority? The relevant local authority can, in its turn, leave the matter to the townships commission existing in each province. I think it is unnecessary for the hon. the Minister to restrict such a local authority in that respect. But in my opinion there is something else of greater importance. When a farmer has land in a town he is pre-eminently placed in a position to realize his capital in the course of time. Why must the hon. the Minister now restrict such a man when there is, in the course of time, a chance for him to effect a considerable realization of capital? This does not mean that such a man will be driven out of the farming industry. If such a person is still young it will be found, in nine cases out of ten, that he purchases agricultural land somewhere else. What is more, he could possibly be in a much better position as far as his working capital and solvency is concerned. He could become a much better farmer at another spot than he was in that particular town. As far as my knowledge goes there are of these agricultural small-holdings or this agricultural land within our smaller towns in the Cape. In the case of farmers who had a chance to subdivide their land, it would quite simply mean that in the course of time there would be a reduction in the value of their land if the Minister adopted these powers. The Minister can prevent that land from being used for urban, industrial or any other development except agricultural development. He can therefore restrict such a development. In 1970, when the hon. the Minister came along with this legislation, he gave us the repeated assurance that he did not want to interfere with local authorities and that he did not want more powers than were necessary. However, now the hon. the Minister comes along at the eleventh hour and he wants to adopt even further powers to restrict the futures of that small number of farmers by way of this amendment which he is now prepared to accept. I want to ask the Minister and the House to reconsider this matter once again; let us grant the farmer living near the town or on a small-holding a little more freedom than the hon. the Minister is now prepared to do. It could happen that the land of a person living near to the periphery of a town is declared an industrial area. I am now thinking of a specific town I know very well, where such land is agricultural land today and where that relevant municipality declared it an industrial area. This municipality had the approval of the provincial authority for that step. If the Minister had already had this power before the municipality made this decision it means that those people, who could make a considerable profit by selling industrial stands, could have been restricted by the Minister. Frequently such farmers are not big or prosperous farmers. They frequently farm on small pieces of land. When they can use it for purposes other than agriculture, this hon. Minister can say “no”. He can say that that person cannot obtain R2 000 or R3 000 for an acre or a morgen, that he must use the land for agricultural purposes and that urban development or industrial development must take place in another direction. I think the hon. Deputy Minister is being unfair and unjust to these people. I can see no other reasons why he wants this power. Surely the hon. member for False Bay insisted that the reason must be to prevent urban development or perhaps industrial development from taking place. The hon. gentleman ought to have some sympathy for thousands of farmers who are in financial difficulties. There may perhaps be many of them, and now the hon. the Minister wants to restrict them further and not give them a chance of perhaps having a better bank account or making a better investment at another spot. I think the hon. the Deputy Minister ought to reconsider this amendment, because it is not in the interests of agriculture and neither is it in the interests of the farmer. I honestly believe this. That is why we are opposed to the hon. the Minister’s amendment.

*The DEPUTY MINISTER OF AGRICULTURE:

Mr. Chairman, the hon. member says that this amendment will result in the value of a person’s land being diminished. But we have re-hashed this matter time and again. If the Steering Committee provided that a township can be established at a certain spot, on agricultural land within the town, next to the town, or some distance away from the town, what farmer does the hon. member then want to protect? We have had examples of this in the Western Cape. It has been said, for example, that farmer A’s land should be retained as agricultural land, but that urban development should take place on farmer B’s land. Farmer B now has the chance to obtain R2 000 per acre or morgen. I can see no other way out. We must have land to build houses on. We cannot come along with a Bill and say that no more houses may be built. Now there is a specific piece of land within the urban area which is an economic …

*Mr. D. M. STREICHER:

May I ask a question? Why do you want the right to make the choice between those two farmers?

*The DEPUTY MINISTER:

In practice it has happened that some of the municipalities in the old established regions have asked us to retain a specific piece of land for agriculture. But, Sir, we are not taking any person’s right away from him. It is coincidental that one person has a piece of land adjacent to the town and another has a piece of land 50 miles distant. I do not think we need to argue the matter further; we have repeatedly re-hashed the affair.

Amendment put and the Committee divided :

AYES—75: Bodenstein, P.; Botha, G. F.; Botha, H. J.; Botha, L. J.; Botha, M. C.; Botha, P. W.; Brandt, J. W.; Coetzee, S. F.; De Wet, C; De Wet, M. W.; Diederichs, N.; Du Plessis, A. H.; Du Plessis, G. C.; Du Plessis, P. T. C.; Erasmus, A. S. D.; Gerdener, T. J. A.; Greyling, J. C.; Grobler, W. S. J.; Hartzenberg, F.; Henning, J. M.; Herman, F.; Janson, T. N. H.; Keyter, H. C. A.; Kotzé, S. F.; Kotzé, W. D.; Kruger, J. T.; Langley, T.; Le Grange, L.; Le Roux, F. J.; Le Roux, F. J.; Marais, P. S.; Maree, G. de K.; Martins, H. E.; McLachlan, R.; Meyer, P. H.; Morrison, G. de V.; Mulder, C. P.; Nel, D. J. L.; Nel, J. A. F.; Otto, J. C.; Palm, P. D.; Pansegrouw, J. S.; Pelser, P. C.; Pienaar, L. A.; Pieterse, R. J. J.; Prinsloo, M. P.; Rail, J. J.; Raubenheimer, A. J.; Reinecke, C. J.; Reyneke, J. P. A.: Rossouw, W. J. C.; Schlebusch, J. A.; Schoeman, B. J.; Schoeman, H.; Schoeman, J. C. B.; Smit, H. H.; Swanepoel, J. W. F.; Treurnicht, N. F.; Van Breda, A.; Van der Merwe, C. V.; Van der Merwe, S. W.; Van der Spuy, S. J. H.; Van der Walt, H. J. D.; Van Staden, J. W.; Van Tonder, J. A.; Van Zyl, J. J. B.; Venter, M. J. de la R.; Visse, J. H.; Vorster, B. J.; Vosloo, W. L.; Waring, F. W.;

Tellers : W. A. Cruywagen, G. P. van den Berg, H. J. van Wyk and W. L. D. M. Venter.

NOES—28: Bands, G. J.; Basson, J. A. L.; De Villiers, I. F. A.; Emdin, S.; Fisher, E. L.; Fourie, A.; Graaff, De V.; Hickman, T.; Hopewell, A.; Hughes, T. G. Jacobs, G. F.; Kingwill, W. G.; Miller, H.; Mitchell, D. E.; Murray, L. G.; Oldfield, G. N.; Oliver, G. D. G.; Pyper, P. A.; Steyn, S. J. M.; Streicher, D. M.; Sutton, W. M.; Van den Heever, S. A.; Van Hoogstraten, H. A.; Webber, W. T.; Winchester, L. E. D.; Wood, L. F.

Tellers: H. J. Bronkhorst and J. O. N. Thompson.

Amendment accordingly agreed to.

Clause, as amended, put and agreed to (Official Opposition dissenting.)

House Resumed:

Bill reported with amendments.

The House adjourned at 7 p.m.

</debateSection>

TUESDAY, 21ST MARCH, 1972 Prayers—2.20 p.m.

QUESTIONS (see “QUESTIONS AND REPLIES”).

FIRST READING OF BILLS

The following Bills were read a First Time:

Post Office Appropriation Bill.

Provincial Licence Duties Bill.

REPORT OF SELECT COMMITTEE ON CHARGES BY MEMBER (Motion) *Mr. J. W. RALL:

Mr. Speaker, I move—

That the date for the submission of the Report of the Select Committee on Charges by Member be extended to not later than 3rd May, 1972.

I am moving this motion in order to give effect to a unanimous resolution of the Committee. Although the Committee has reached an advanced stage as far as hearing evidence is concerned, it deems it desirable to take further evidence in respect of certain aspects of its investigation. It also wants to afford the Select Committee staff an opportunity of processing and making available to members of the Committee such evidence as has already been submitted. Naturally the Committee had to sit long hours in an attempt to report within the time laid down, with the result that the staff, who have to deal with other committee and Hansard work as well, could not keep up. Besides, the Committee itself still has to study the evidence given, as well as all the papers submitted together with it, in order to be able to prepare a report. In terms of the original instruction by the House, the Committee has to report before tomorrow, but under the circumstances the Committee regrets that it necessarily has to ask for an extension of time. Hence this motion.

Motion put and agreed to.

FERTILIZERS, FARM FEEDS, AGRICULTURAL REMEDIES AND STOCK REMEDIES AMENDMENT BILL

Bill read a Third Time.

SUBDIVISION OF AGRICULTURAL LAND AMENDMENT BILL

Report Stage taken without debate.

Third Reading

*The DEPUTY MINISTER OF AGRICULTURE:

Mr. Speaker, I move—

That the Bill be now read a Third Time.
*Mr. D. M. STREICHER:

Since we are now discussing this legislation in its last stage, I want to inform the hon. the Minister that nothing happened during the previous stages which in any way caused the attitude of this side of the House to change. I must say that we are rather disappointed with the attitude the hon. the Minister adopted in regard to this legislation, for the simple reason that we do not think that the subdivision of agricultural land is such a great problem as the hon. the Minister tries to make it out to be. We are more inclined to believe that if there is one thing which the modern farmer realizes, it is the fact that he should not subdivide his land in such a way that any of his heirs will find it difficult to make a livelihood from any portion of that land. As far as we are concerned, therefore, we think that the solution to this problem does not lie in restricting the farmer of South Africa to any further extent than he is already being restricted by legislation which stands on our Statute Book or by powers which were or are in the hands of the provinces to deal with this matter.

The hon. the Minister introduced this legislation to extend his powers in this respect even further; in other words, to give himself further powers of deciding whether or not a farmer may subdivide his land. It is not only in that respect that the Minister went further; he also took additional powers to be able to say how that land may be utilized in future. In the second place the hon. the Minister even went so far as to accept an amendment moved by one of the hon. members on that side so that it may also be provided whether subdivision can take place or not in regard to land of a farmer who may have agricultural land in a municipal area.

I think that the effect of the clause in question will not only restrict township or residential area expansion in certain towns, but I also think that the hon. the Minister will in future, through his actions, prevent certain farmers who own such land from obtaining from such land what they would have liked to obtain from it. Many of the people who own this type of land may be in a position that it is not very good agricultural land and that they cannot obtain a decent dividend on their capital, but as a result of the power which the hon. the Minister will have in terms of clause 1, he can prevent such a man from obtaining a decent realization of his capital. The effect of this clause will also be that where a farmer thought of the future and envisaged a new development on that land, the Minister will be able to determine that the development of that land will lie only in the direction of agriculture. As a result of clause 1 the hon. the Minister will cause even the heirs of such a farmer to be given a raw deal, because they will not be able to use that land for township expansion or for industrial purposes because that hon. gentleman thinks that that land should be used only for agricultural purposes.

I want to ask the hon. the Minister whether he does not agree that if he has that power in his hands, it is similar to a position where any other Minister takes the power to determine the future of a person, depending on whether he has shares, and how many garages, shops or flats he owns. This hon. Minister will, with this step, cause even people who thought that they could in due course build up a good estate to discover at a later stage that that estate had decreased considerably.

I want to ask the hon. the Minister, who is always pointing out and telling us how much sympathy he has for the small farmers of South Africa, to tell us whether this is an example of sympathy with and commiseration for the small farmers in this country. If the hon. the Minister had really been sympathetic towards them, he would not have been prepared to interfere in this way with the rights and privileges of these people. I am referring to clause 3, in regard to which there was a long altercation during the Committee Stage in this House, and also to clause 4. Is the hon. gentleman aware that previously it was in the hands of the local authorities and the provincial authorities to say in what direction town expansion could take place? This hon. gentleman is now going to say to those people that they cannot subdivide land without his permission if they should want it for town expansion. This is totally unnecessary, and the hon. the Minister can cause the development to go in a specific direction merely because he is of the opinion that if it were to go in another direction, it would include good agricultural land. This will once again cause the farmer who has good agricultural land to be placed in a weaker position than the man who has poorer agricultural land. This means further interference in the future of the farmer who is in the fortunate position that he is near an urban or peri-urban area where development is taking place daily. This legislation also means that the hon. gentleman can prescribe the conditions under which the subdivision of land may take place. In other words, it depends on him. If he says that that land cannot be used for a brick factory, or if he says that a large poultry farm cannot be established on 15 or 20 acres, then it will not be possible to do these things. It will all therefore depend on the goodwill of that hon. gentleman.

*The DEPUTY MINISTER OF AGRICULTURE:

You are not able to do that at all today.

*Mr. D. M. STREICHER:

We on this side of the House are of the opinion that this is not a power which a Minister of Agriculture ought to have. As much freedom as possible in this respect should be given to the farmer of South Africa. Not only has the hon. the Minister restricted the powers and the functions of the local and the provincial authorities, he has gone even further. The hon. gentleman has seen fit, in clause 10, to deprive the provincial authorities of another power they used to have. They were able to restrict me if I wanted to subdivide land into sections smaller than 25 morgen. If I wanted to subdivide into larger pieces than that, I did not need their approval at all. Now the hon. gentleman comes and deletes that provision. That means that if I wanted to subdivide land into larger sections than 25 morgen, I must go to that authority to obtain approval for that. No reasons, no acceptable reasons, no well-considered arguments have been advanced from the side of those hon. gentlemen as to why these powers are necessary today. The only conclusion we on this side can arrive at is that the hon. gentlemen are not satisfied with the direction in which the agricultural industry is going today and that the hon. the Minister would like to have further powers in this respect. Why is it necessary for him to take powers in this respect? If the hon. gentleman would rather ensure that the agricultural industry in South Africa is a paying concern, there would be no reason why agricultural land should be subdivided. If the farmer makes a decent profit, the chances that he will want to subdivide will be much less than the chances of that are today with the present circumstances in the agricultural industry. I want to ask the hon. the Minister to see to that kind of thing rather. Then he will keep the farmers on their land; then the farmer will not want to make extra money from his land. If the hon. the Minister sees to it that the profit basis in agriculture and the remunerativeness of the agricultural industry rises, he will find that everyone will be satisfied with their land, regardless of the size. That is why we object to the Third Reading of this Bill.

*Mr. J. J. RALL:

Mr. Speaker, while we are dealing with the Third Reading debate of this important measure which is now before the House, the hon. member for Newton Park comes once again with an argument in which he expresses his dissatisfaction with the contents of this measure. It would seem as if the hon. Opposition has not, during the past decade and more, taken stock of the farming industry in South Africa. I want to aver that with the Third Reading of this measure we shall have reached a milestone in respect of the control over the subdivision of agricultural land. I want to tell the hon. member that if he had gone about in this country with his eyes open during the past few decades he would have seen how a great deal of good agricultural land, which was valuable to the agricultural industry, was being subdivided into small units. What did this lead to? It led to farming being practised on small units which were totally uneconomic, so much so that most of the occupants of those small subdivided units adjoining our towns and cities could not make a good livelihood. The hon. Opposition always poses as the friend of the farmer, but here it is opposing a measure the precise purpose of which is to prevent that position in which many farmers find themselves as a result of subdivision. With all the laws the hon. the Minister has up to this stage had at his disposal, we were still not able in any way to prevent or counteract this uneconomic subdivision of agricultural land. What does the Opposition want? Do they want this situation— which became rampant not only in the peri-urban areas but everywhere in the country, where people perhaps out of ignorance and perhaps for reasons of sentiment, made subdivision possible by way of testamentary disposition and in that way created precisely the position in which so many of our small farmers have found themselves and were therefore not able to make an economic existence—to continue? That hon. member and his party object to these powers being bestowed on to the hon. the Minister. But who else can exercize control over this matter of the subdivision of land? The hon. Opposition does not have the courage to stand up and say that it should be left in the hands of a council or of officials. They will not do that; they simply criticize this legislation because they begrudge the Minister the power to be able to act when it is absolutely necessary. I have already said that conditions such as are discernible throughout the entire country today are sufficient proof that a stop should be put to this situation and that no further uneconomic subdivision of agricultural land should be allowed. That hon. member must also bear in mind that what is involved is not always the size of the unit, for even a small unit can be an economic one for a small farmer. In these cases the hon. the Minister must exercise his discretion, on the advice of his department. It is absolutely essential that he should have this discretionary power. In the very first clause of this Bill it is stated very clearly that what is involved here is all land, with the exception of certain land. A great fuss was kicked up here about land which belongs to city councils, municipal councils and other councils, but when I look at clause 1 I can state quite unequivocally that this matter refers specifically to all land except land which falls under such councils. The argument advanced by hon. members opposite during the Second Reading and Committee Stage, i.e. that the Minister can interfere in a municipal area, with regard to the subdivision of land, is not the actual position as contained in this Bill. In clause 1 land which is situated “in the area of jurisdiction of a municipal council, city council, town council, village council, village management board, village management council, local board, health board or health committee” etc., is excluded from the provisions of this Bill. This deals therefore with agricultural land and not with land within a municipal area, or other land. For everyone who has the interests of agriculture at heart, there is ample proof of the threatening dangers which have already to a large extent impoverished many of our small farmers.

At the end of his speech the hon. member also stated that the hon. the Minister, and of course the Government as well, should ensure that the profits of the individual small farmer should be such that he can gain a good livelihood. I should like to hear from the hon. Opposition what powers and methods one can apply, whether it is price manipulation or anything else for that matter, so that small farmers can be helped to farm in such a way that they will be able to make a profit. It is impossible for a Government or a department to ensure this. They can help with information and to a certain extent with price manipulation, but then it is not yet an indisputable fact that the small farmer will in fact be able to make a decent living on such a unit. In this case I could mention examples. There are cases of people who began farming on large economic units, which they had inherited, and then sold those properties after a few years because the liabilities had become too heavy. I also know about units which were declared uneconomic units, and where those farmers, after a few years, were farming so progressively on those so-called uneconomic units that they were able to purchase further units. The argument based on the supposition that an agricultural unit is uneconomic purely because of its size is really a very poor argument. It is not the exclusive reason. That is why the hon. the Minister and his department can exercize their discretion, and they have these powers through this measure. In clause 4, to which hon. members on the opposite side objected so vehemently, it is quite definitely stated that certain powers shall be bestowed on the Minister. In terms of that clause he receives discretionary powers. He may determine whether or not a unit may be subdivided and he may also determine for what purpose that unit may be used. These are powers which are necessary today. This is for the guidance of the person who wants to continue a practice on a certain unit. I do not want to take up much of the time of this House. However, I am certain that contrary to what the hon. member for Newton Park asserted here this afternoon, the agriculturists and the farmers in South Africa will be greatful to the Government for the control which is being taken here today and the powers which are being bestowed on to the hon. the Minister. These powers will not be applied in a cruel and unreasoning way, but will be exercized after consultation, and taking into consideration the circumstances. We welcome this legislation and think that it will save the small farmers from a very difficult time in future. This guidance which they need is indispensible and it will prevent agricultural land, which is only becoming increasingly scarce and increasingly expensive, from being subdivided indiscriminately in future by ignorant and perhaps wilful persons to the detriment of the agricultural industry. We are very grateful that we have progressed to this stage with this legislation which is now on the point of being passed.

Mr. R. G. L. HOURQUEBIE:

Mr. Speaker, we on this side of the House reject the contention that we are not concerned with the proper use of agricultural land. We have shown, not only in the present debate, but also in many other debates in this House, that we have not only sound and practical policies for the future of farming in South Africa, but policies which also will provide a far better future for the farmers of South Africa than those of that side of the House. We are opposed to this legislation, not because we are in favour of uneconomic use of agricultural land—we have made that clear —but because it is bad legislation. It has already been proved to be bad legislation by the very fact that the original Act, passed only about 18 months ago, has had to be amended again this year in several very important respects. I do not wish to go into details. We have already debated the amendments in the previous stages of this legislation. We pointed out that it was not correct to describe these amendments, as did the hon. the Deputy Minister, as merely to remove a few administrative problems.

There are some fundamental changes effected by this Bill. First of all, the Minister is being given the power, not only to decide on applications to subdivide agricultural land, but also to determine how the land which he allows to be subdivided shall be used and for what purpose. This legislation is, in our opinion, bad, because it does not deal with the fundamental problem which the Government wished to deal with in the original Act, namely the uneconomic subdivision of land. The Government was unable to find a proper formula for this problem, and therefore brought in a Bill simply giving blanket powers to the hon. the Minister to deal with applications as he chooses. I want to ask the hon. member for Harrismith who has just sat down, whether he and the farmers in his area are satisfied that the hon. the Minister should have complete discretion in regard to applications for subdivision of agricultural land, without Parliament having set any norms or bases upon which to decide an application of this sort. He is entirely free to grant one application and to refuse another on the same basis if he wants to do so, and he could not be challenged. It is bad legislation, furthermore, because it gives the hon. the Deputy Minister a complete and unfettered discretion. There is no power of appeal to any authority of any sort. The Minister’s decision is final.

I want to point out to the hon. member for Harrismith that he is quite wrong in suggesting that the Bill excludes all land under the jurisdiction of local authorities. He has obviously overlooked the very important amendment which was introduced by a member on his own side of the House, namely the hon. member for False Bay, and which was accepted by the Government. If he looks at the Bill which is now before him, as it has been amended during the previous stages, he will see the exclusion which now appears at the end of paragraph (a) of the definition of “agricultural land”. That means that the Minister now has the power to bring back into the definition of “agricultural land” any land whatsoever which he chooses within local authority areas. I made the case, and I repeat it briefly at this stage, that this is going to place local authorities in the position where they will not be able to finalize any plans satisfactorily because at any time this Minister can take out of their local authorities any land he chooses and declare that to be agricultural land under his control.

There are other aspects of this Bill to which we have strong objections. We have made them clear during the previous stages of this legislation, and I do not wish to labour the point at this stage. However, I hope that the hon. the Deputy Minister will be able to tell us something regarding the point which I discussed with him in the Committee Stage, namely the question of the registration of servitudes. I believe that in the case of servitudes which are in the process of being registered, a similar provision to that contained in section 2 (f) of the original Act should apply. I should like to hear from the hon. the Deputy Minister whether he has given this matter consideration and what his attitude is in this connection.

In conclusion I wish merely to repeat that we do not regard this Bill as one which merely introduces a few administrative changes. We believe they are fundamental changes and we have strong objection to these. We believe that this in no way improves the original Bill, to which we had strong objections. On the contrary, we believe that the hon. the Deputy Minister and this House will find that the amendments which are being introduced will create many new problems. I predict that the Government will be coming to this House to further amend this Act, if not next year, then the year thereafter.

*The DEPUTY MINISTER OF AGRICULTURE:

Mr. Speaker, firstly I just want to inform the hon. member for Musgrave that, with regard to the suggestion which he put forward in respect of servitudes, we are discussing the position with the law advisers to see whether we can give effect to this. If it does appear to be the case, and if it is in any way practicable, we shall move the necessary amendment in the Other Place. In my opinion it seems that we will in fact be able to do this.

I now want to reply briefly to those two hon. members. The hon. member for Newton Park asked: “What about the heirs?” Sir, we thrashed out this entire position in the Second Reading. The hon. member claims that the Minister of Agriculture wants powers to enable him to say how land may be utilized. These are all popular stories, which go down well outside Parliament where people are not always well-informed. However, let us take the case of a piece of land which is under irrigation, situated near a town, and where his friends, the township developers, want to utilize that land. The hon. member was speaking for the township developers. Sir, I made up my mind that I would not become angry; I am going to remain perfectly calm. The township developer says, for example, to the owner of that land : “I offer you R2 000 per morgen.” Now, say that is the only land below a dam near that town which can be irrigated. Adjoining it lies broken country which cannot be irrigated. It is so unthinkable now that a person should have the power to say to that owner: “You have irrigation land; we can utilise the water from that dam only on that specific piece of land.” And is it so unthinkable to say to the township developer : “Plan your development just a little further away.” The hon. member said that with this legislation we were going to cause delays with the establishment of residential areas. Our aim is in fact not to do this. The hon. member said a person will now have to come and ask the Minister for permission if he wants to subdivide 10 morgen on which to start a poultry farm. But, until an hour ago, before the ratification of the Act, there was no authorization in terms of which he could subdivide 10 morgen, because we prohibited this in 1970. The hon. member for Musgrave said that the fact that we have to amend this legislation after 18 months is in fact proof of how unpractical it is. But with what purpose do we want to amend that Act? It is because we have now applied it in practice. I read out to hon. members the list of appeals we had in this connection. There were only a small number of people who asked the Minister to give a decision. Most of those cases we approved. Suppose a person comes along to the Minister and says that he wants to establish a poultry farm, or a quarry, or a filling station, and he wants to subdivide half a morgen in the veld for that purpose; we have no power to allow this.

*Mr. D. M. STREICHER:

But you can also refuse that request now.

*The DEPUTY MINISTER:

Yes, but previously we were not able to do this at all. There was a need for this; under the province they were able to subdivide 25 morgen. We want to streamline the position by inserting this clause, but the hon. member for Newton Park refers time and again to the additional powers we are taking. I have said that a good government is a government which not only seeks popularity but which sees to it that we distribute the land in the correct manner. Why may we not then have the right to give a decision in this regard? Mention was made of delays. But hon. members can return next year and tell us where we cause delays. The Department of Agricultural Technical Services goes out of its way, with the co-operation of the Surveyor-General, to dispose of applications for subdivision as quickly as possible. When an application is received, a decision is given within a month as to whether subdivision may or may not be applied. We try to cause no delays as far as this matter is concerned.

The hon. member also referred to the small farmer. He thought I was posing as the champion of the small farmer. I have told the hon. member before that if he would rather advocate that the farmer should receive a decent price for his produce, we would have no problems in regard to uneconomic units. That is the aspirant Deputy Minister of Agriculture! Now he says to me: Rather give the farmer a decent price for his produce. But do you know, Sir, since I have been sitting in this House of Assembly, that hon. member has never yet given me his opinion in regard to the price of a bag of wheat or a bag of maize. To this day I have not yet heard him say what it should be. I asked the hon. member every year: “Tell me, what is your price for maize?” Sir, he must deal very carefully with the man who buys the maize and also with the man who produces the maize.

*Mr. D. M. STREICHER:

Production costs plus.

*The DEPUTY MINISTER:

But then the hon. member must determine the “plus” and give me the figure. The hon. member must tell me what the price is. It will be heavenly if I can go to the farmers and say: “Do you know, the United Party says this is the price of wheat or the price of meat or any agricultural produce.” It is easy to sit back in your bench there if you know you are not going to take over the government of the country. It is easy then to say: “Give the farmers a decent price.” If I take stock of the standpoint of the Government in regard to these small farmers, I see what the position today is in respect of financial aid. That hon. member is not listening. He has said to me already: “Is it not a mistake for the Land Bank and the Agricultural Credit Board to concentrate on allowing agricultural credit of as much as R30 million in one year in amounts of R50 000 and R60 000?” The State gives no assistance to the man who is a big, well-to-do, prosperous farmer; that man will simply have to go to the commercial banks. The hon. member said that he had thought we were sympathetic towards the small farmer. I say again that this is the man whom we want to protect in agriculture.

Sir, I want to conclude with this idea: I am not acting here in the interests of people who want to make money, people like township developers and land speculators who want to buy up land and then subdivide it into five or 10 morgen plots in order to enrich themselves. I am not prepared to act on their behalf. Those are the people whom that hon. member wants to protect, and that is why we are sitting on different sides of the House. My clients are the small farmers; that is the man whom I want to protect.

*Dr. J. H. MOOLMAN:

You want to keep them poor.

*The DEPUTY MINISTER:

No, I do not. Our entire mode of action is in fact aimed at consolidating their land; at getting larger units for them. Sir, this Bill was initiated by the five agricultural unions of our country. Every province, including South-West Africa, said to us: “Please give us a law to prevent the land from being subdivided into uneconomic pieces from which people are unable to make a livelihood.” It is sometimes not popular to say “No”, but a good father must sometimes be able to say “No” to his children. If he is for ever saying “Yes”, then you subsequently have a nation which looks like hon. members who are sitting on that side of the House. We must act firmly, and sometimes say “No”, even if it makes us unpopular for that moment. The South African Agricultural Union has thanked us repeatedly for this legislation. Hon. members on that side can try as much as they like to make as much political capital out of this matter as they can; they will achieve nothing.

Motion put and the House divided:

AYES—88 : Aucamp, P. L. S.; Bodenstein, P.; Botha, G. F.; Botha, H. J.; Botha, L. J.; Botha, M. C.; Botha, P. W.; Botha, R. F.; Botma, M. C.; Brandt, J. W.; Coetsee, H. J.; Coetzee, B.; Coetzee, S. F.; De Jager, P. R.; De Wet, C.; De Wet, M. W.; Du Plessis, A. H.; Du Plessis, G. C.; Du Plessis, P. T. C.; Du Toit, J. P.; Erasmus, A. S. D.; Gerdener, T. J. A.; Greyling, J. C.; Grobler, M. S. F.; Hartzenberg, F.; Henning, J. M.; Herman, F.; Janson, T. N. H.; Kotzé, S. F.; Kotzé, W. D.; Kruger, J. T.; Langley, T.; Le Grange, L.; Le Roux, F. L; Le Roux, F. J.; Malan, W. C.; Marais, P. S.; Maree, G. de K.; McLachlan, R.; Morrison, G. de V.; Mulder, C. P.; Nel, D. J. L.; Otto, J. C.; Palm, P. D.; Pansegrouw, J. S.; Pelser, P. C.; Pienaar, L. A.; Pieterse, R. J. J.; Potgieter, J. E.; Prinsloo, M. P.; Rail, J. J.; Rail, J. W.; Raubenheimer, A. J.; Reinecke, C. J.; Rossouw, W. J. C.; Schlebush, A. L.; Schlebusch, J. A.; Schoeman, B. J.; Schoeman, H.; Schoeman, J. C. B.; Smit, H. H.; Swanepoel, J. W. F.; Treurnicht, A. P.; Treurnicht, N. F.; Van Breda, A.; Van der Merwe, C. V.; Van der Merwe, H. D. K.; Van der Merwe, P. S.; Van der Merwe, S. W.; Van der Merwe, W. L.; Van der Spuy, S. J. H.; Van der Walt, H. J. D.; Van Staden, J. W.; Van Tonder, J. A.; Van Wyk, A. C.; Van Zyl, J. J. B.; Venter, M. J. de la R.; Viljoen, M.; Viljoen, P. J. van B.; Visse, J. H.; Vorster, B. J.; Vorster, L. P. J.; Vosloo, W. L.; Waring, F. W.

Tellers: W. A. Cruywagen, G. P. van den Berg, H. J. van Wyk and W. L. D. M. Venter.

NOES—39: Bands, G. J.; Basson, J. A. L.; Cadman, R. M.; De Villiers, I. F. A.; Emdin, S.; Fisher, E. L.; Fourie, A.; Graaff, De V.; Hickman, T.; Hopewell, A.; Hourquebie, R. G. L.; Hughes, T. G.; Jacobs, G. F.; Kingwill, W. G.; Malan, E. G.; Marais, D. J.; Miller, H.; Mitchell, D. E.; Murray, L. G.; Oldfield, G. N.; Oliver, G. D. G.; Pyper, P. A.; Smith, W. J. B.; Stephens, J. J. M.; Steyn, S. J. M.; Streicher, D. M.; Sutton, W. M.; Suzman, H.; Taylor, C. D.; Timoney, H. M.; Van den Heever, S. A.; Van Eck, H. J.; Van Hoogstraten, H. A.; Webber, W. T.; Wiley, J. W. E.; Winchester, L. E. D.; Wood, L. F.

Tellers: H. J. Bronkhorst and J. O. N. Thompson.

Motion accordingly agreed to.

Bill read a Third Time.

NATIONAL WAR FUND AMENDMENT BILL (Second Reading) *The DEPUTY MINISTER OF SOCIAL WELFARE AND PENSIONS:

Mr. Speaker, I move—

That the Bill be now read a Second Time.

In 1970 the National War Fund (1939-1945) and the Governor-General’s Fund (1914-1918) were amalgamated in terms of the National War Fund Act, 1970 (Act No.81 of 1970), under the name “National War Fund”. This amalgamation was brought about mainly because the two old funds had common objects and were administered parallel to each other. As a result of the amalgamation the collateral administration was eliminated, which brought about simplification and particularly saving.

The amalgamation of the two former funds meant that the title deeds of the fixed property and mortgages registered in favour of the National War Fund (1939-1945) had to be suitably endorsed in favour of the new fund. The Registrars of Deeds of the various provinces disagree in their interpretations of the provisions of section 1 (3) (a) of the National War Fund Act, 1970. Some of them are of the opinion that those provisions empower them to endorse the title deeds concerned in the name of the new fund without further ado, while others take the view that the said provisions are not applicable to title deeds. Of course, it was never the intention that the new fund should incur transfer duties and transfer costs anew in having the properties it acquired as successor in title of the National War Fund (1939-1945) registered in its name. Accordingly the amendment is being made in order to bridge this problem. It has the approval of the new fund. The Governor-General’s Fund (1914-1918) possessed no immovable property and therefore it is not necessary to extend the proposed amendment to assets of that fund.

In the proposed section 1A (2) it is made clear, as is customary, that no fees shall be payable in respect of any substitution of the name of the National War Fund (1939-1945).

This, Mr. Speaker, is a full explanation of the Bill.

Mr. G. N. OLDFIELD:

Mr. Speaker, the Bill that is now before the House is, as the hon. the Deputy Minister has indicated, merely of an administrative nature and flows direct from the amending legislation which was adopted in 1970. The amending legislation of 1970, which ultimately became Act 81 of 1970, amalgamated the Governor-General’s War Fund and the National War Fund in respect of the two major world wars. It was a measure which received the support of this side of the House, because we realized that the Governor-General’s War Fund was then reaching a stage where it would be advisable for it to be amalgamated with the National War Fund of the 1939-’45 World War.

We on this side of the House have no objection to the measure which is now before us. It is one which has become necessary mainly because of an omission, perhaps, when the 1970 legislation was passed by this House. It is noted that payment of transfer fees and stamp duty will not be required in terms of this legislation, whereby the title deeds will be altered and registered merely in the name of the National War Fund.

The hon. the Deputy Minister has also indicated, in answer to the one query which we had in mind, i.e. in connection with the position of any property or any title deeds held in the name of the Governor-General’s War Fund, that there are no deeds standing in the name of the old Governor-General’s War Fund and therefore it is not necessary for that fund to be included in this amending legislation. We on this side of the House have pleasure in supporting this measure, which is in the interests of the National War Fund, which is doing such a great deal of good for ex-servicemen.

The DEPUTY MINISTER OF SOCIAL WELFARE AND PENSIONS:

Mr. Speaker, I merely want to thank the hon. member for Umbilo for supporting this measure on behalf of the Opposition. I do not think it is really necessary for me to elaborate any further on any aspect of this measure.

Motion put and agreed to.

Bill read a Second Time.

MARRIAGE AMENDMENT BILL (Second Reading) *The DEPUTY MINISTER OF THE INTERIOR:

Mr. Speaker, I move—

That the Bill be now read a Second Time.

This Bill is not contentious. As is indicated by its long title, this is an essential piece of legislation to legalize certain marriages.

The Bill contains two proposals for the amendment of the Marriage Act, 1961, proposals aimed at preventing marriages from being invalid as a result of merely technical irregularities. The undesirable consequences for the parties to the marriage and for their children later on when their marriage is not valid, need not be outlined to hon. members. You are all familiar with them. Just think of the consequences for the children born from a marriage which subsequently proves to be invalid; the children are then in the position that they are illegitimate children. The Bill which is now before the House for its consideration is aimed at preventing these serious consequences for people and their children when the marriage concerned does not meet some requirement of minor importance.

Before I proceed to explain the contents of the Bill I would like to mention by way of introduction that the Act which now stands to be amended, the Marriage Act, 1961, controls the solemnization of marriages in South Africa and specifies the requirements which must be met by parties desiring to be joined in matrimony. It is common knowledge that in terms of these requirements parties desiring to be married have to—

—cause banns of marriage to be published in their respective congregations; or —cause a notice of intention to marry to be published in their respective magisterial districts; or —obtain a special marriage licence from a magistrate’s office

before they could be joined in matrimony. Hon. members will remember that these prerequisites for a marriage were abolished by the Marriage Amendment Act of 1970. This Act recently came into force, on 1st February, 1972, and now it is no longer necessary for parties intending to be married to cause banns to be published, or to cause a notice of intention to marry to be published, or to obtain a special marriage licence before they may be married.

†Mr. Speaker, clause 1 of the Bill before the House deals with an amendment of section 22 of the Marriage Act, 1961.

Section 22 of the Marriage Act, 1961, as it now reads, is to the effect that:

  1. (a) if an error has been made by one of the parties to a marriage; or
  2. (b) if an error, omission or oversight has been made by any person;

in interpreting the section, or in carrying out the section, in so far as the section provides for the publication of banns or notice of intention to marry, or for the issue of a special marriage licence, such error, omission or oversight shall not invalidate the marriage, provided the marriage has in every other respect been solemnized in accordance with the provisions of the Marriage Act. In other words, section 22 of the Marriage Act as it now reads provides for the condonation of errors made in the publication of banns or notice of intention to marry or in the issue of a special marriage licence.

However, on two occasions the Supreme Court has determined that the only errors that can be condoned in terms of section 22 are those errors that have been made because there has been an erroneous interpretation of the Marriage Act in so far as the Act provides for the publication of banns or notice of intention to marry, or the issue of a special marriage licence. This means that the parties to a marriage must actually have read the provisions of the Marriage Act and have misunderstood such provisions. There are many errors which do not result from a wrong interpretation of the Marriage Act. Rather are the errors that are usually made, errors such as wrong names stated in banns to marry, or names omitted from banns, or omissions to publish a notice of intention to marry in the district where one of the parties resides, or an omission to publish banns at all. From the decisions of the Supreme Court to which I referred, it follows that these errors which are of a purely technical nature cannot be condoned, with the resultant effect that the marriages in respect of which these errors were made are invalid with all the serious and unpleasant results for the parties and their children which follow from such invalid marriages.

Hon. members will no doubt agree with me that this is a very undesirable state of affairs. It is for this reason that in clause one of the Bill now before the House, provision is made for the amendment of section 22 of the Marriage Act.

The proposed amendment is designed to ensure that a marriage shall not be invalidated when errors of the kind I have described have been made in the publication of banns or notice of intention to marry or the issue of a special marriage licence. After the Bill has become law these purely technical errors will no longer have the result of invalidating marriages with all the undesirable consequences flowing from invalid marriages. Hon. members will have noticed that the present proviso to section 22 of the Marriage Act is extended. The proviso now proposed is to the effect that the technical errors to which I referred will be condoned not only—

  1. (1) provided there was no other impediment to the marriage, but also
  2. (2) provided the marriage has not been dissolved or declared invalid by a competent court, and
  3. (3) provided that neither of the parties to such marriage has after such marriage and during the life of the other, already lawfully married another.

The reason for this proposed extension of the present proviso to section 22 of the Marriage Act is to ensure that a marriage in respect of which the errors I have described earlier, have been made but which errors have in view of the proposed amended provisions of section 22 of the Marriage Act been condoned, shall not be regarded as valid when the circumstances outlined in the proviso are present.

Hon. members will doubtless have noticed further that the proposed amendment of section 22 of the Marriage Act is couched in the past tense. The reason for this is, as I have explained at the beginning of my speech, that the necessity to publish banns or notice of intention to marry or to take out a special marriage licence has been abolished as from the 1st February, 1972, and is no longer a prerequisite to contracting a marriage.

*I shall now proceed to explain the contents of clause 2 of the Bill. I have already explained that the provisions of the Marriage Amendment Bill, 1970, came into force as from 1st February, 1972. One of the provisions of this Amendment Act is that not only magistrates, but ministers too, must now follow the prescribed formula when solemnizing a marriage. In the past, ministers were allowed to follow only the formula of their church when solemnizing a marriage, but now they have to follow the prescribed formula, in the same way that magistrates do. They can do this in addition to the formula of their church. The prescribed formula reads as follows (in Afrikaans)—

Verklaar jy, A.B., dat sover jy weet daar regtens geen beletsel is nie teen jou voorgenome huwelik met C.D. hier teen-woordig, or whatever names may be inserted— … en dat jy almal hier teen-woordig roep om getuie te wees dat jy C.D. tot jou wettige vrou (of man) neem?

and thereupon the parties shall give each other the right hand and the said marriage officer shall declare the marriage solemnized in the following words—

Ek verklaar dat A.B. en C.D. hier teenwoordig regtens getroud is.

†For the convenience of hon. English-speaking members, I repeat the prescribed formula in English.

Mrs. H. SUZMAN:

Do not worry, I do not accept your proposal in either language.

The DEPUTY MINISTER:

It reads—

Do you, A.B., declare that as far as you know there is no lawful impediment to your proposed marriage with C.D. here present, and that you call all here present to witness that you take C.D. as your lawful wife (or husband)?,

and thereupon the parties shall give each other the right hand and the said marriage officer shall declare the marriage solemnized in the following words—

I declare that A.B. and C.D. here present have been lawfully married.

There can be no doubt that all the members now understand what I mean.

*It is possible that the magistrates and other officials who acted as marriage officers in the past did not follow the prescribed marriage formulary closely in all cases, although the number of cases must be small.

It is also probable, now that all marriage officers have to follow the prescribed marriage formula, that it may happen more often that the prescribed marriage formula is not closely followed.

It may also have happened in the past that parties intending to be married, in the case of marriages before magistrates, may have omitted to give each other the right hand, or may have been unable to do so because of a physical handicap.

These irregularities which were committed or may be committed in good faith now cause the marriage concerned to be invalid, with all the undesirable consequences arising from such an invalid marriage for the parties and their children.

To prevent a marriage from being invalid as a result of such irregularities it is proposed, by the amendment of section 30 of the Marriage Act, 1961, by the addition of subsection (3), to arrange for all marriages prejudiced by such irregularities to be valid and binding, providing that (1) the marriage concerned was otherwise lawfully contracted, (2) it has not been dissolved or declared invalid in the meantime, and (3) neither of the parties have after their marriage contracted another marriage in the meantime.

This ensures, as in the case of technical errors in the publication of banns, that marriages will not be invalid as a result of merely technical errors in the following of the prescribed formula. But here, too, the provisos which I dealt with during the explanation of clause I will be applicable.

Before concluding I would like to give hon. members the assurance that the provisions of the Bill in no way affect the basic requirements for contracting a valid marriage. One of these basic requirements for a valid marriage is the requirement that in the case of minors wishing to marry the permission of their parents is required.

Mr. L. G. MURRAY:

Mr. Speaker, this Bill comes as no surprise to us on this side of the House. We warned the Government that this legislation would be necessary when the 1970 Bill was introduced; we warned the Government because, as is their wont, they were trying to legislate for every facet of life without any opportunity of pragmatism and without any manoeuvrability in the laws which they enact. This is the difficulty with which the hon. the Deputy Minister is now faced, namely the rigidity of the 1970 legislation in regard to the formula. I want to remind the House, if I may, shortly of one or two remarks which I made at the time when the same legislation was debated in 1970. I refer to Hansard, Vol. 29, col. 818 of the 31st July, 1970, where I said the following—

I want to come immediately to the clause which I believe has not had sufficient consideration and in regard to which there has not been sufficient consultation with the churches and that is the clause dealing with the marriage formula … Under this Bill it will now be incumbent upon every religious denomination to use ipsissima verba, the exact words, which appear in this Act. If they do not do so, then the marriage could be challenged as being invalid.

That is what we on this side of the House offered to the Government in 1970, but it fell on deaf ears or had unwilling listeners and now we have this legislation. We will support it, because we believe it is necessary.

Mr. L. LE GRANGE:

Did you not put any amendment at the time?

Mr. L. G. MURRAY:

We raised the matter because we believed that it was not necessary to have the ipsissima verba. If the hon. member for Potchefstroom wishes to abdicate the seats on that side of the House and give them over to us, we will legislate and do the drafting for him. Obviously we have first of all the retrospective effect of this legislation which again we realize as being necessary. I want to ask the Minister about one matter, because the rigidity remains and this is merely a condonation of non-conforming with the rigidity, with the ipsissima verba, namely who is going to apply the test as to whether or not the mistake was made in good faith? This opens up a wide area of collusion to which I believe the hon. the Deputy Minister has not given consideration. If two spouses find that their marriage is not working and if they recollect that they did not put right hand into right hand they can say that they did that deliberately because they did not want to be married, that they will save the expense of a divorce and that their marriage is null and void. They will then go off, get married elsewhere and this Bill will then not apply to them. They are then single, the marriage is annulled by agreement between the two parties, that their non-conforming with the specific requirements was not in good faith and that it was done deliberately. Who is to test this? This is the problem which faces this Government over and over again, because of its method of legislation. They want to legislate for every movement and act of our human relationships. There was no problem when the church formalities were used and when each church was able to use its ordinary formula. I hope the hon. the Minister of the Interior will give consideration to the question whether we really should keep on our Statute Book the rigidity of the 1970 legislation in so far as the form of marriage is concerned.

There is another point which I wish to raise. I would have been tempted to press it if I were of the opposite sex. My curiosity has overcome me and I would like to know the number of cases that make it necessary for this legislation to be retrospective. I take it that the hon. the Minister will observe the privacy, no doubt, to which the couples concerned are entitled, and that he would not disclose to me why it is necessary to make this legislation retrospective. But obviously cases have occurred. He referred to two Supreme Court cases and, no doubt, there must be others.

In supporting this measure, I want to say that it is a stopgap measure and that serious consideration should be given by the hon. the Minister to a reversion back to the form whereby the churches themselves could use their normal marriage procedures with the necessary formalities, signatures and declaration of marriage which normally apply. One attends church weddings and one is used to the ceremony in one’s own particular denomination or church. Now one suddenly finds a minister in a religious service switching over to the not very poetic words which us lawyers sometimes use to express a cold contract. That is suddenly introduced into a marriage service in the church. It does introduce somewhat of a jarring note. As I say, we will support this measure, but we believe that further consideration should be given as to whether the 1970 legislation should not be drastically amended to conform to what we ourselves suggested should be done when the measure was first introduced.

*Mr. L. LE GRANGE:

Mr. Speaker, I appreciate the standpoint adopted this afternoon by the hon. member. I am also aware that in the 1970 debate he raised and debated the point which he mentioned today as a serious matter. I just want to mention in passing that it is a pity, since he was in such earnest about this, that he did not at the time introduce an amendment which would have placed his standpoint more clearly on record. However, I appreciate his standpoint, but I should also like, on this occasion, to mention the name of the person whom I think was the person actually responsible for the legislation we have before us today, in co-operation with the hon. the Minister and the Department of the Interior, i.e. Prof. F. J. van Zyl of the University of Port Elizabeth, who had for more than two years, even before the 1970 legislation, been submitting representations to us in regard to the matters which are before us today. It does one good to know that there are persons outside as well who take such an interest in this legislative assembly as to make such a positive contribution to good legislation and good administration. It is true that the existing legislation provides that failure to comply with the preliminary requirements does not necessarily invalidate the marriage, particularly if this was owing to an error committed in good faith by either of the parties to such marriage—I am referring to the interpretation of those provisions, i.e. the preceding provisions in the section—or secondly, an error, omission or oversight of any person who made any such publication or issued a special licence, as it is stated in the Act.

In order just to amplify this, I want to mention a few reasons why it is essential that this legislation should be before the House today. The fact of the matter is that a marriage could only be declared to be valid if a bona fide error had been committed in interpreting the statutory provision itself. In other words, the interpretation attached by the parties to the provisions of the Act must have been a bona fide incorrect interpretation. This was stated very clearly in the case of Joubert vs. Joubert in the Free State Division of the Supreme Court in 1966. The facts there were, inter alia, that no banns had been published, no notice of intention to marry had been published, and no special marriage licence had been obtained. Thus page 753 (translation)—

The marriage officer, who acted in good faith, performed the marriage ceremony because he had been given to understand that a special marriage licence had in fact been taken out and would be forwarded to him within a week.

Notwithstanding those facts, the hon. learned Judge gave the following ruling (page 736)—

Even here the concession in regard to errors committed by the parties themselves is limited to those caused by an incorrect interpretation of the provisions of the Act. It follows then that where the omission is not owing to an incorrect interpretation of the provisions of the Act, the parties to the marriage enjoy no protection and that it is the intention of the legislature that in such a case no marriage is effected.

As a result of this, Sir, the question arose: when are these persons committing an omission? Are they committing an omission only when they commit a bona fide error or are they committing an omission when they have read the Act themselves and have attached an incorrect interpretation to it? This point was also taken to the Supreme Court for a ruling, in the case of Ex parte S. and S., 1966, in the Transvaal Division. There the facts were, inter alia, as follows—the parties married before a magistrate and they did publish a notice of intention to marry, but this was published only in Pretoria where the man resided, and not in Johannesburg as well, where the woman resided. Both these parties acted in good faith and after they had been advised by the official responsible that everything was in order. All the steps they had taken were, according to the official, correct. According to him they were not to have concerned themselves any further. When it subsequently appeared that their actions could invalidate their marriage, they appealed to the Supreme Court. Nevertheless, the judge had the following to say (page 603)—

It seems to me that although the applicants acted bona fide in the erroneous belief that they had done all that was required of them, and although this was a reasonable belief in view of the assurance of the official concerned that everything was in order, the error was not one committed by one of the parties in interpreting the provisions of the Act. Clearly the error was a mistaken view of their position based on the information they had obtained, but neither of the parties even perused or considered the relevant provisions of the Act, according to the information placed before me, much less erred in interpreting these provisions. Unfortunate though it is for the parties, I have no doubt that they cannot place reliance in the terms of section 22
  1. (a) since the nature of the error they committed is not covered by the terms of that section.

It is true that in the previous legislation the intention was that certain alleviation could be provided in terms of section 22. If one takes note of the problems which arose, it is no wonder that Prof. Hahlo in the South African Law Journal of May 1967, on page 145, has the following to say—

As there are not many couples who study, as they no doubt should, diligently the provisions of the Marriage Act, before embarking on matrimony, paragraph (a) of section 22, well-meant as it is, is likely to remain largely a dead letter.

Therefore, as a result of these circumstances, it is essential that the hon. the Deputy Minister should come to Parliament today with this Bill, and one gladly supports the provisions thereof.

As far as clause 2 is concerned, the hon. the Deputy Minister read out the marriage formula very impressively, but unfortunately it is the case that not every one will be able to do this with the same experience and the same training, and errors could creep in, whether committed by marriage officers of the church, or by marriage officers of the State. Therefore it is also necessary for a new subsection (3) to be added to section 30 of the principal Act, to provide that if a bona fide error should creep in, such as the use of an incorrect word or term for example, this would not necessarily invalidate the marriage. I think this Bill is a vast improvement on what the hon. member for Green Point had in mind during the 1970 debate. I am not differing with the hon. member now, but his objections were that the provisions of that Act were too strict, and he is of the opinion that perhaps even these provisions of today do not yet go far enough towards bringing alleviation in respect of the 1970 provisions. My standpoint is that this legislation does in fact go far enough, and I think this is the necessary improvement which all of us would like to have in the 1970 legislation.

The DEPUTY MINISTER OF THE INTERIOR:

Mr. Speaker, I am thankful to the hon. member for Green Point who supported this measure on behalf of the Opposition, although he could not resist the temptation to hark back a little bit to what happened last year when the details of the other Act were discussed. I do not know much about the other Act because I was not here at the time. In any case, I am not going to hark back; I do not think that what happened then is really relevant now. What is relevant and what I appreciate is his appreciation of the Government’s initiative in coming forward with this measure at this time.

*Sir, the hon. member has raised certain aspects to which he would like to have replies. One must ask oneself what “in good faith” means. I think the nature of the marriage and the circumstances with which the marriage officer is able to acquaint you really determine whether the marriage was contracted in good faith. The basic requirements laid down for a lawful marriage must, of course, be met. We know that the Marriage Act is a long Act and that quite a number of basic requirements are laid down. I do not want to go into these now. In the original Act there are provisions in connection with marriages contracted abroad, there are provisions in connection with qualifications in respect of age, and there are also certain other provisions which are not relevant now, but basic requirements are laid down which must be met for a lawful marriage to be able to be contracted. What we are dealing with here are specific criteria which used to be the only criteria which could be applied and which led to an incorrect interpretation of the particular provisions of the Act, and this is the publication, in the respective districts, of a notice of intention to marry, by the publication of the banns as well as by taking out a special licence. The Courts provided that the marriage could only be condoned if the interpretation of these three aspects had been incorrect and if the marriage had been contracted in good faith. In the new Act which came into force on 1st February certain other requirements are laid down and certain earlier requirements are done away with. Magistrates as well as ministers who have to solemnize marriages will have to read out the formula in future. They may make a mistake in taking down the names of the parties. Suppose one of the parties has a physical handicap and cannot give the other party his or her right hand, while the letter of the law provides that they shall give each other the right hand. This does not mean that the marriage was not contracted in good faith. Sometimes the parties themselves forget to do certain things. The circumstances of the case then determine whether or not the marriage was contracted in good faith. We can take the opposite as well: The parties themselves can never decide that they did not act in good faith; it is only the Minister who can condone an irregularity. Previously the power of the Minister was completely limited. He could only condone the irregularity if those three requirements of the Act, which had been read out, had been met and if the parties had acted in good faith in that respect. In other words, we are really going a bit further, but we are only being more practical than we were before. Sir, the hon. member also referred to the part played here by the churches and said that the State always took a particularly firm stand in respect of certain terms and actions and requirements in its legislation. I just want to tell the hon. member that the attitude of the church is that a marriage is really a contract. The fact that the formulas have to be read out in this way is aimed at achieving uniformity, but it does not deprive any church of the right to use its own formula at a ceremony as well. That is the aspect which is relevant here. In reply to the hon. member’s last question, we have not yet had cases where the formula was not read, because there has actually not been time for the Act to take effect properly. We often have cases where a marriage officer marries in good faith, a young man under the age of 18 and a young girl under the age of 16, because he has been brought under the wrong impression. In many of those cases there is an investigation first in order to find out the circumstances. If the parties are happy and want to remain married, the irregularity is condoned as a rule.

*Mr. L. G. MURRAY:

Who decides about it?

*The MINISTER:

The department investigates the case through the normal channels; everyone who had to do with the marriage, from the marriage officer to the parents, are consulted, and the Minister then makes the final decision.

*Mr. L. G. MURRAY:

But that decision is not binding as far as the parties are concerned.

*The MINISTER:

It binds the parties if they want their marriage to continue. Why should they apply for the condonation of an irregularity if they do not want to be bound? Sir, I leave it at that; I think I have replied to the hon. member’s question.

I want to thank the hon. member for Potchefstroom for his exposition of the cases which have come before the courts, from which it is clear that these changes are very necessary. There was the case of Joubert and Joubert in 1966. Then there was the subsequent case in 1967 when an application was made to the court for the condonation of an irregularity during the solemnization of a marriage, on which the judge expressed himself as follows—

The error was not one committed by one of the parties in interpreting the provisions of the Act, but neither of the parties even perused or considered the relevant provisions of the Act.

He then expressed his sympathy with the people, but he could do nothing about it. Sir, I think I should conclude with this. I thank both hon. members who took part in the debate.

Motion put and agreed to.

Bill read a Second Time.

PROVINCIAL AFFAIRS BILL (Second Reading) *The MINISTER OF THE INTERIOR:

Mr. Speaker, I move—

That the Bill be now read a Second Time.

The Bill with which I shall deal here this afternoon, is not a contentious one.

As the short title of the Bill indicates, it is connected with the provinces. Periodically it is necessary for matters connected with the provinces to be regulated by legislation. In fact, the legislation which is before the House at the moment, seeks to regulate such matters.

In the main the powers and functions of the provinces were regulated by the Constitution and the Financial Relations Consolidation and Amendment Act of 1945. It is therefore proposed to amend by way of this Bill certain sections of these Acts which concern the provinces.

Mr. Speaker, I shall deal, first of all, with the amendment of sections 17 (f) and 18 (1) (a) of the Financial Relations Consolidation and Amendment Act, as envisaged by clauses 1 (1) and 2 (1) (a) of the Bill.

As background to these amendments I should like to mention to hon. members that my colleague the hon. the Minister of National Education has decided that the training of teachers for secondary schools will take place only at universities as from 1st January, 1972, as envisaged in section 1A of the National Education Policy Act of 1967.

Previously the training of teachers for secondary schools was also undertaken at teachers’ training colleges. However, the training of teachers for primary and preprimary schools, may still take place, as before, at teachers’ training colleges.

Some of the universities now propose to undertake the training of teachers for secondary schools in conjunction with provincial teachers’ training colleges situated nearby. In terms of this arrangement with the teachers’ training colleges concerned it is being proposed—

  1. (a) to second, temporarily, members of the teaching staff at teachers’ training colleges to a university on a fulltime or part-time basis;
  2. (b) to provide such students of the universities with accommodation in the hostels of the teachers’ training colleges on a contractual basis; and
  3. (c) to place at the disposal of the universities concerned some of the buildings and equipment of such teachers’ training colleges.

In the light of the fact that the training of persons as teachers for secondary schools is now considered to be “higher education”, doubts have been expressed by the provincial law advisers as to whether the provinces are legally in a position to enter into such an arrangement.

In order to remove these doubts, it is being proposed that sections 17 (f) and 18 (1) (a) of the Financial Relations Consolidation and Amendment Act, 1945, be amended as set out in clauses 1 (1) and 2 (1) (a) of the Bill.

Furthermore, it is provided in clauses 1 (2) and 2 (2) that these amendments shall be deemed to have come into operation on 1st January, 1972, so as to make them coincide with the date as from which the training of the teachers concerned shall only be undertaken at universities, and as from which the arrangement concerned between the universities and teachers’ training colleges concerned took effect.

Mr. Speaker, I shall now proceed to explaining the amendment to section 18 (1) (b) of the Financial Relations Consolidation and Amendment Act, 1945, as proposed in clause 2 (1) (b) of the Bill.

The section to which I have just referred, makes provision for the defrayal of expenditure by a province for the training of its staff from the provincial revenue fund. Included in the expenditure that may be defrayed in this manner, is the expenditure incurred by a province for the award of bursaries to enable persons qualified or being trained as teachers to study at universities or university colleges or other institutions of higher education. In terms of this statutory provision the provinces have therefore decided to make available annually to selected teachers a number of bursaries of R2 000 each for advanced study in the Republic or abroad. This scheme enjoys the support of both the Department of National Education and the Public Service Commission.

After consideration the provincial law advisers of the Transvaal and the Cape Province, and the Government law advisers, have agreed that section 18 (1) (b), which is to be amended now, does not authorize the provinces to incur expenditure for the award of bursaries to teachers for studying at institutions of higher education in countries abroad. It has also been pointed out that these bursaries are not always utilized for study purposes alone, but also for research. Furthermore, such studies and research do not always take place at institutions of higher education. Sometimes, especially in countries abroad, such studies and research consist of visits to places which cannot be regarded as institutions of higher education, such as psychiatric clinics, etc.

The object of the proposed amendment to section 18 (1) (b) of the Financial Relations Consolidation and Amendment Act, as provided in clause 2 (1) (b) of the Bill, is to enable a province to incur expenditure with regard to bursaries for studies pursued at places both within and outside the Republic, for research, and also for study and research at places that cannot be regarded as institutions of higher education.

As the Executive Committee of the Transvaal had been under the impression that the said section 18 (1) (b) of the relevant Act authorized the provinces to incur expenditure of the said nature also in respect of study abroad, the said Executive Committee decided on 4th February, 1969, to award bursaries for study abroad to members of the Transvaal teaching staff, and to make annual provision for this purpose in the provincial estimates. The proposed provision in clause 2 (2) seeks to authorize this expenditure, which now appears to have been unauthorized.

†Mr. Speaker, I shall now deal with the amendments of certain sections of the Republic of South Africa Constitution Act, 1961, proposed in clauses 3, 4 and 5 of the Bill now before the House.

By clause 3 of the Bill a new subsection is added to section 66 of the Constitution. Section 66 of the Constitution deals with the appointment and tenure of office of provincial administrators. Subsection (4) of this section more particularly deals with the appointment of deputy Administrators. It provides that the State President may from time to time appoint a deputy Administrator to execute the office and functions of the Administrator during his absence or illness or whenever for any reason he is unable to perform the duties of his office, or while the appointment of an Administrator for the province concerned is pending. It may well happen that an Administrator could unexpectedly become seriously ill, or even die.

The formalities to be observed in appointing a deputy Administrator take time. A minute of the Executive Council must be prepared and submitted to the office of the Prime Minister for presentation to the State President. It may well happen that a day or more may lapse from the time that the need arises for the appointment of a deputy Administrator and the day on which the appointment is made by the State President. Especially could such circumstances arise when the staff of the offices of the State President and the hon. the Prime Minister annually moves from Pretoria to Cape Town for parliamentary sessions, or at the end of these sessions moves back to Pretoria.

The State law advisers intimated that the State President does not have the power to appoint a deputy Administrator post facto. The position then obtains that the actions of a person who acts as deputy Administrator before he is actually appointed as such, would be ultra vires. The proposed addition of a new subsection to section 66 of the Constitution is designed to enable the State President to make a post facto appointment of a deputy Administrator if circumstances necessitate him to do so.

Mr. Speaker, the next clause of the Bill I shall deal with provides for the addition of a new paragraph to section 84 (1) of the Constitution. Section 84 of the Constitution deals with the powers of provincial councils and details the matters in respect of which provincial councils may make ordinances. Provincial administrations and local authorities are approached from time to time by the Governments of neighbouring states for assistance in one form or another such as technical assistance, certain services, etc. Recently the municipality of Piet Retief made its sewerage tankers available to the Swaziland Government in two cases of emergency. The provincial administrations are often approached through the medium of the Department of Foreign Affairs to make qualified provincial and municipal officials available for service in neighbouring States. Doubt has been expressed whether such assistance may be rendered to neighbouring States by the provinces and local authorities in the Republic. There is no clearly defined authority in the Constitution for the provinces and local authorities, or its officials, to operate outside the Republic.

By the addition of the proposed new paragraph to section 84 (1) of the Constitution, provincial councils will be enabled to make ordinances in the matter of assistance which provincial administrations or local authorities may render to other states or territories.

The rendition of assistance by the provinces and local authorities to other States and territories, will be subject to approval by the Minister of Foreign Affairs. All requests for assistance by other States and territories are channelized through the Department of Foreign Affairs. The rendering of assistance to other States and territories when asked for, is part of this Government’s policy, and the provinces and local authorities should be authorized to render such assistance when, because of the nature of their functions, they are best equipped to do so.

The next clause of the Bill which falls to be dealt with, Mr. Speaker, is clause 5, which amends section 109 of the Constitution. The equality of the two official languages in the Republic is enshrined in section 108 of the Constitution. In section 109 of the Constitution it is provided that all documents of general public importance or interest issued by provincial councils and local authorities shall as in the case of such documents issued by Parliament, be in both official languages.

In clause 5 of the Bill it is sought to amend section 109 of the Constitution by specially mentioning town-planning schemes alongside notices issued and regulations and by-laws passed by local authorities, as documents which must be in both official languages.

Except in the Orange Free State, and to a lesser extent in the Cape Province, all town-planning schemes are available for inspection by the public in one of the official languages only, mainly in English. The notices stating where these town-planning schemes would be available for inspection were, however, published in both official languages in provincial Gazettes and newspapers. Both the State law advisers and the provincial law advisers of the Transvaal are of the opinion that those town-planning schemes which are in one official language only, are ultra vires. This is so because they are in fact documents of public importance and interest and are not available in both official languages as required by section 109 of the Constitution. These town-planning schemes are validated by clause 5 (2) of the Bill. They will, however, cease to be valid if they have not been translated into the other official language within the period of five years from the date when this Bill becomes law.

Mr. Speaker, that completes the amendments to the Constitution proposed in the Bill.

*Mr. Speaker, the next Act amended by this Bill is the Financial Relations Amendment Act, 1971. This Act is being amended by providing that it shall be deemed to have come into operation on the fifth day of April, 1967. The background to this amendment is briefly as follows: By section 2 of the Financial Relations Amendment Act, 1967, a new matter was added to the matters in regard to which the provinces may make ordinances. This new matter comprised the establishment and control over public resorts, places of rest, seaside resorts, holiday centres, holiday camps, caravan parks, tent camps and picnic places, with the proviso that the establishment of and control over public resorts, etc., could not be exercised by a province, except by regulations made in consultation with the Department of Tourism and the Department of Sport and Recreation. The matter with the said proviso was entrusted by proclamation to the provinces of the Transvaal and Natal in 1967, which subsequently made ordinances in that regard, but was not entrusted to the Province of the Orange Free State and the Cape Province, although the Cape Province had made a start with projects for public recreation which had been entrusted to it by the Government—for instance, the Hendrik Verwoerd and P. K. le Roux dams. The Cape Province objected to the said proviso, which was deemed to be a limitation on provincial powers.

After talks between the hon. the Minister of Tourism and of Sport and Recreation and the four Administrators, and after an undertaking had been given by the said Administrators to the effect that there would be consultation on an administrative level with the Department of Tourism and the Department of Sport and Recreation in regard to the matters in question, the matter was amended in terms of section 1 of Act No. 27 of 1971 by the omission of the said proviso.

By Proclamation No. 172 of 1971 the matter, as it reads at present—i.e. without the proviso—was entrusted to the Cape Province with effect from 5th April. 1967, i.e. the date on which the Act of 1967 came into operation.

The Government law advisers expressed the opinion that the matter could not be entrusted to a province with retrospective effect prior to the date of issue of the required proclamation.

The object of the statutory amendment proposed in clause 6 (1), is to enable the State President to entrust the matter to the province by proclamation with retrospective effect, if necessary.

By clause 6 (2) of the Bill the matter concerned entrusted by proclamation to the Cape Province by the State President with retrospective effect as from 5th April, 1967, is being validated.

Mr. Speaker, the last clause of the Bill which requires explanation, is clause 7, which makes provision for the delegation of a power, function or duty entrusted in terms of an Act to an administrator, an administrator-in-executive committee, or an executive committee of a province.

In various Acts provision is made for the exercise of certain powers, or the carrying out of certain functions or duties by an administrator. In certain cases the administrator acts on his own, whereas in other cases he exercises or carries out the power or duty or function in consultation with the other members of the executive committee. In yet other cases the executive committee acts on its own.

In the majority of these cases there is no provision for the administrator or the administrator-in-executive committee or the executive committee to delegate such power, function or duty to an officer of the provincial administration concerned. In many of these cases the power, function or duty concerned is of a purely routine nature, and there is no reason why it may not be delegated. If it were in fact possible to delegate these powers, functions and duties, it would cause matters to proceed more smoothly and would bring relief to a staff already experiencing difficulties in keeping pace with an ever-increasing working load.

I want to mention the following examples of powers, functions and duties which are of a purely routine nature and which may be delegated to advantage.

In the first place, we have the Local Loans Act, 1926. In terms of the provisions of this Act the administrator shall, in respect of an application for a loan by a local authority, issue a certificate for submission to the Public Debt Commissioner to the effect that he is satisfied that the loan should be granted and that the provisions of the Act have been observed. He has to do this notwithstanding the fact that the application for the loan has already been approved in terms of the relevant provincial ordinance, quite often by an officer to whom the administrator delegated his power in terms of the relevant provincial ordinance.

A second example is the Housing Act, 1946. Section 11 (1) of this Act provides that the Housing Commission may, after consultation with the administrator and on such conditions as it may determine, approve of loans to any local authority for the purpose of enabling that local authority to undertake housing schemes. The main purpose of consultation with the administrator in this case, is to determine whether a local authority is financially in a position to enter into the obligations in question. This power is exercised after consultation with the provincial auditor, and there is no reason why the administrator’s power may not be delegated to advantage in this case as well.

The administrators, administrators-in-executive committees and the executive committees themselves have from time to time, in terms of their own legislation, delegated to certain members of their staff powers arising from provincial ordinances. Provision does already exist in some Acts —for instance, the Expropriation Act, 1965, the Advertising on Roads and Ribbon Development Act, 1940, and others— for the administrator of a province to delegate his powers under the relevant Act to an officer of the province. It would be an impossible task to amend individually the various Acts in which there is no provision for the delegation of powers, functions or duties by the administrator, administrator-in-executive committee or executive committee. The only way in which provision may be made for the proposed powers of delegation, is by way of a general statutory provision, as is done in clause 7 (1) of the Bill. Clause 7 (2) of the Bill provides that the officer to whom any power, function or duty has been delegated, shall exercise that power or carry out that function or duty subject to the directions of the administrator or administrator-in-executive committee or executive committee concerned.

Clause 7 (3) of the Bill provides that the delegation of a power, duty or function may at any time be revoked in writing, and that any such delegation shall not prevent the exercise of that power or the carrying out of that function or duty by the administrator or administrator-in-executive committee or executive committee.

I am of the opinion that hon. members on both sides of this House will agree that this Bill, the contents of which I have just explained, is not a contentious one. It is essential legislation for straightening out certain provincial matters and regulating others. I therefore trust that the proposed legislation will enjoy the support of both sides of this House.

Mr. L. G. MURRAY:

Mr. Speaker, having dealt with the Marriages Bill, which we have just handled, and now turning to this Bill and listening to the explanations of the hon. the Minister, I am sure he will forgive me if I note the fact that there seems to be a good deal of tidying up going on in the Department of the Interior in so far as various legislative matters are concerned. When one sees in this Bill that certain of the provisions are to be made retrospective to 1967 one can see that some of this tidying up is perhaps a little overdue. We feel that the provisions of this Bill are subject to certain necessary comments, and we will support the measure which is before the House.

I believe that clause 4 is perhaps the most significant of the provisions of this particular Bill. This is the clause which regularizes the right and power of the provinces to legislate through ordinances for the provision of assistance to neighbouring states. I think it is as well that we should place on record the extent to which provincial administrations have in the past assisted neighbouring states, Lesotho and Swaziland in particular and also Botswana. One knows that there are persons being seconded even to Malawi. In one instance, a planning officer has been seconded from one of the provinces to the Department of Planning and then on to a neighbouring State to assist with town planning and town development. These measures are to be welcomed and we on this side of the House are pleased that these matters have now been regularized and that provinces can, with the approval of the Minister of Foreign Affairs, naturally, continue to render this assistance, which is not only the know-how in the field of planning, but also in the field of medicine and in various other aspects of national life. The provisions of the first two clauses of this Bill deal with educational matters and I do not propose myself to handle them. The hon. member for Durban Central will have some comments to make in regard to those clauses.

There are other aspects which are significant. One finds for instance that it has been possible in the administration for certain acts to take place over a period of years despite the fact that they were not strictly in accordance with the law. One finds, for instance, in the case of the appointment of administrators and deputy administrators, that there must be a number of instances where acts have been done by an acting or deputy administrator prior to his having received formal appointment. When one looks at the question of expenditure that has taken place, one wonders how it is that expenditure has been allowed to be incurred by the provinces and to be passed over a period of years when it was subject to audit, and that the audit has not until now pointed out these irregularities. One finds that the educational provisions are being made retrospective to 1967.

There are two other matters with which I wish to deal very briefly. The one is the right of delegation by the administrator, the administrator-in-executive or the executive committee. I hope that this power to delegate will not be extensively used. One appreciates the isolated or specific instances mentioned by the hon. the Minister, especially in regard to facts which are essentially within the knowledge of the provincial auditor, who is in the position to certify figures and amounts of that nature. But one must bear in mind that there has been a change in so far as the provincial executives are concerned. Many hon. members in this House will have had the experience of the days when executive members were appointed part-time. They were not fulfilling their duties as executive members full-time. One can imagine that in those days the necessity to delegate was a very real one. The burden would have been too heavy for the Administrator to carry. But at the present moment where there are in the provinces of the Cape and the Transvaal four full-time executive members with their portfolios or departments within the Administration, I do hope that this power—I speak for this side of the House—of delegation will be sparingly used in passing on the responsibility to officials. One can accept that delegation is all right when it is purely, as in the nature of those instances quoted by the hon. the Minister, an administrative act. One does not wish to have the position arising when there are matters of a more contentious nature—such as matters of policy—being delegated to officials when it is in fact the responsibility of the administrator and of members of the executive committee.

We fully support the provision that the town-planning schemes are brought within the purview of bilingualism. One can assume, as I understood from the hon. the Minister’s statement, that it has not always been in both languages. I want to make a plea to the hon. the Minister in this regard. The town-planning schemes are lengthy and involved and I do hope that the hon. the Minister will be able in some manner to make available, particularly to smaller municipalities, persons with the necessary technical knowledge and know-how to assist with the translation, be it from Afrikaans to English or vice versa, of these town-planning schemes. I think it is important that there should be an accepted standard of language used in the compilation of these town-planning schemes, so that there are no arguments as to what the meaning of words is. I have had experience myself of smaller municipalities who have found themselves having arguments about the most appropriate word to use, be it English or Afrikaans, to express a certain intention of the scheme. If that is done, it would be of considerable assistance, particularly to the smaller municipalities. It will ensure, as I have said, that there is uniformity in the language used in the explanation and setting out of town-planning schemes. They are complicated and involved and it is essential that there should be a common factor, known and understood by all persons who have to read and apply them. As I have said we will support this measure; we believe it is a necessary one. I am glad that certain of these matters are now being rectified.

*Dr. J. C. OTTO:

Mr. Speaker, the hon. member for Green Point referred to a number of aspects, and also discussed them, in connection with this Bill, aspects in regard to which I do not want to follow him. The Minister will reply to them in due course.

I should like to express just a few thoughts on a number of minor principles contained in clauses 1 and 2. These are also the clauses to which the hon. member for Green Point referred as concerning educational matters. These clauses are actually the logical outcome of the National Education Policy Act of 1967—as we know it, Act No. 39. That Act was amended or confirmed once again by Act 73 of 1969, which deals exclusively with the training of teachers. These new amendments contain no major, new principles. Act 73 of 1969 provides that courses for the training of persons as teachers for secondary schools shall extend over a period of not less than four years, and that such training shall only be provided at universities. This Act came into operation as from 1st January, 1972. In other words, that is the date with effect from which the training of the teachers concerned shall only take place at universities, it means that prospective high school teachers were as from that date allowed for the first time to enroll at universities for study purposes. I understood—and this is gratifying—that great interest was shown and that the reaction amongst prospective high school teachers was most favourable.

This measure should have come into operation sooner, but the Minister granted the universities an extension of time since all of them were not ready to receive these students, mainly as a result of a shortage of accommodation and perhaps lecture halls as well. Furthermore, there may also have been a shortage of staff. But the Education Council has now recommended that no further extension of time be granted in regard to this matter. What is the situation that has arisen in respect of buildings? The universities do not have sufficient accommodation facilities and space for prospective teachers. On the other hand one finds that at teachers’ training colleges there are buildings which are either not fully occupied or not occupied at all. Within the framework of the existing legislation it was not possible for the Transvaal Education Department to surrender or lease these buildings. Statutory powers are now being granted to provincial administration to enter into a contract with a university which requires either the buildings as a whole or part of such buildings for the training of teachers. Such a contract will, of course, be entered into on a part-time basis. This provision is contained in clause 2 (a).

What is the situation that has arisen in regard to the available teaching staff? It is understandable that with the implementation of this legislation, there will be a shortage of staff, also at the universities. Clause 1 (f) amends the original Act in that it will now be possible for members of the teaching staff at teachers’ training colleges to be seconded temporarily on a full-time or part-time basis to a university. I want to express the hope at once that the universities will amply avail themselves of this concession. The teaching staff members of our colleges are experienced lecturers who are most knowledgeable, especially in regard to professional training for students, and with that experience they will be an asset to the university as such and to the students being trained.

Then I want to refer to another clause which I find to be a particularly welcome one, and which I consider to be a very positive measure. That is clause 2 (1) (b). The present section makes provision for bursaries from the provincial revenue fund to students intending to be trained as teachers at universities, i.e. for teaching at high schools. This training may also take place at university colleges or at other institutions of higher education. This amendment which is only an addition, now has the effect that such training may also take place at other places within or outside the Republic. In addition to training, provision is also being made for research to be done at places within or outside the Republic. It is important and essential that bursaries be awarded to selected teachers for advanced study or research in regard to education outside the Republic. It is very essential that some of our teachers, and in particular the more experienced teachers who have already proved themselves, be afforded the opportunity to take stock of education in other countries and to do research on the teaching methods applied there. This is an asset not only to themselves, but also to education as such. I believe that the bodies concerned which are going to award those bursaries, are also going to expect these persons to render something in return, and that is that bursary holders shall report on the research done by them, or that they shall prepare a paper on the work that was the subject of their research. We are aware of the fact that the Transvaal Education Department made such bursaries available to selected teachers, and that such persons benefited by this step. I know about persons who received those bursaries, and I know that they benefited a great deal by them. I would say that this really is a positive step and that it will also yield good fruit. I take pleasure in supporting heartily this legislation in respect of those clauses.

Mr. P. A. PYPER:

Mr. Speaker, like the previous speaker, I would like to pay special attention to the educational clauses contained in this Bill. I want to say that certain aspects of these clauses worry me. I think we need further clarification on them. These clauses are, of course, clauses 1 and 2. Clause 1 makes provision for the provincial authorities to pass ordinances to allow the temporary secondment of the teaching staff. I would be the first to concede that this is essential. In a large organization such as an education department, it is absolutely essential that the department should and must have this power. There are, however, certain practices which have emerged as a result of the application of this principle. Firstly, we frequently find that a teacher, for instance, is seconded to the position of a lecturer at a teachers’ training college, which is a higher post, and that person is expected to accept greater responsibility. Sometimes he holds this post for six months, a year or even longer, and although he is required to accept greater responsibility, his salary is not adjusted accordingly. I would like to make use of this opportunity to say to the provinces: “You can have this power to pass ordinances, but you must not exploit your own staff and personnel.” This is something unfair and gives rise to discontent amongst the staff.

Then, Sir, there is another aspect which I want to raise, and this is something which is peculiar to the Transvaal. It seems to be the practice in this province to use the whole system of secondment of teachers as a cover for the compulsory transfer of personnel, or what you might call the involuntary transfer of people. I do not know why this should be the case. I think it creates the wrong impression. If you want to transfer part of your staff, and it is essential to do so, then you should tell them that they are being transferred. I know that this is the situation in Natal where a person is transferred. But to go to a member of the staff and say to him that he is being seconded from Carletonville to Ermelo …

The MINISTER OF THE INTERIOR:

Could that not be dealt with under the Education Vote?

Mr. P. A. PYPER:

In giving powers to the provinces, as we are doing here, we must consider how these powers are going to be used. I think that this practice must cease in the provinces, because it is creating the wrong impression and it is in fact against the spirit of what we envisage here.

Sir, clause 2, as has been explained by previous speakers, is the direct result of the universities. This has resulted in a great influx of students at the universities, especially in the education faculties of these universities. As has already been mentioned, the universities are experiencing difficulties in providing adequate accommodation as well as training facilities. It is stated in this clause that accommodation can be provided on a contractual basis, and special reference is made to disciplinary conditions. With all this emphasis on disciplinary conditions, I think we must accept it that this can easily lead to a lot of unnecessary ill-feeling between neighbouring teachers’ training colleges and universities. The impact of the influx of student teachers at universities has been the greatest in the province of Transvaal. The reason for this is quite clear. The Transvaal has some of the largest teachers’ training colleges, and for many years these colleges have specialized in the training of secondary school teachers. The reason for this is that all the teachers’ training colleges in the Transvaal are situated in close proximity to neighbouring universities. In Potchefstroom you have the ideal set-up, because there you have the teachers’ training college next to the university. Now my information is that this year you have already had 50 or 60 of the students at the university who could not be accommodated at the university and therefore provision had to be made to accommodate them at the teachers’ training college, exactly as envisaged in this legislation. But what has the result been? The teachers’ training college adopted the attitude: Fine, come and stay in the hostel, we will provide accommodation for you but then you must abide by our rules; in other words, we must be able to lay down some disciplinary conditions. Some of these rules required that the students should belong to the college organizations and must play rugby for the college and not for the university. My information is that the result has been that the 50 or 60 students packed their bags and went back to the university because they were not prepared to accept these conditions. They were then placed with private people. This is the type of thing which I fear when we are going to have a contractual basis and we place all this emphasis on the disciplinary conditions. I want to say, as I read the Bill, that for years you have had in the Transvaal a system where the universities assisted the colleges. The students of the training colleges were allowed to stay on the campus of the college. They received their academic training at the university and they received their professional training, their teachers’ diplomas, etc., at the college, but never did any of these established universities try to lay claim to these students. The students were allowed to be part of the college campus life. They were allowed to play rugby, etc., for the college. The reason why I decided to participate in this debate is to draw the attention of the hon. the Minister to the fact that as it is laid down here, the emphasis being laid on the disciplinary conditions, we have already had the experience this year of a college saying that these students must accept the college’s conditions.

The other matter which worries me is that in the past a student training at the university, taking his degree at the university often did so at his own expenses. They were not under any contract to the provincial authorities at all, because it was only the teachers or students who were enrolled from the colleges at the universities who were in fact contracted to the provinces. I refer to the contract whereby if you have had four years of training at the university you contract to teach for four years in that province. I believe it is now possible to transfer to another province. I wonder what the attitude of the provinces will be. According to clause 2 (1) (a) it will be possible for the provinces to adopt the following attitude and say: Fine, come and make use of our facilities on a contractual basis. But now you have a different set of circumstances. Many of the students taking teachers’ diplomas or degrees at the university are private students; in other words, they are not there as the result of grants from the provinces. What will happen if the provinces adopt the attitude and say: Fine, you may come along and use our facilities, but part of the contract is that if you use the facilities of the teachers’ training college and stay in our hostel you must be contracted with the province. It can only result in causing internal difficulties for the Universities. It is for this reason that I honestly feel that there must be some contract. It cannot be otherwise. In the past there was in fact a contract between the universities and the provincial authorities in the sense that the universities provided the academic training and the provinces paid the tuition fees. So there must be some contract and in negotiating these contracts the various provinces as well as the universities must take into consideration the position of the student.

*As far as clause 2 (b) is concerned, I can say nothing but that I welcome it. I think it is a progressive step, specially, as we have heard, since it is restricted to South Africa, nor to some or other field of study, but is in fact being extended to general research. I believe that at this juncture I must appeal to the teachers of South Africa to make use of these wonderful opportunities being offered to them.

The MINISTER OF THE INTERIOR:

Firstly, I would like to express my thanks to the hon. member for Green Point who replied on behalf of the Opposition and said that they were supporting the measure we are dealing with at the moment. I am very pleased to hear him say too that he thought there was a great deal of tidying up during the years and that he appreciates the fact that we are still continuing with this tidying up.

Mr. L. G. MURRAY:

There is still a lot to be done.

The MINISTER:

Very well. You had your years for doing it. We are doing it now. I think the Bill probably covers the sphere in respect of which we have to do a lot of tidying up for the simple reason that in respect of teacher training this change has taken place. I want to say also in respect of the first matter the hon. member mentioned, the rights given to the provinces now for the first time to assist neighbouring territories, that this is a step in the right direction. I appreciate the fact that the hon. member feels with us in regard to that matter. We have often through the years been of assistance to some of the neighbouring territories, particularly in the case of Lesotho. In the last few years we have had not only private people such as Dr. Anton Rupert assisting them but from the Government side too we have given a great deal of technical assistance. We have never placed ourselves in the position of financial grandfathers as the Americans have done by giving contributions in the form of cash, but we have helped in regard to staff and technical aid. We have assisted our neighbours to develop their own schemes as far as possible. This, I think, is a great improvement in so far as the extension of the rights of the provinces is concerned. I myself was involved a few years ago when the four Administrators went to see the Minister of Foreign Affairs at the time. That was about four or five years ago and we talked about the possibility of giving certain rights to the provinces to do exactly what we are suggesting now. I therefore think that this is a step in the right direction.

The hon. member suggested too that there must have been many irregularities in the past for the simple reason that the Administrators plus the executive committees did not have the right to appoint a substitute when an Administrator was not available. That was one of the difficulties I personally experienced in Natal. It is not a matter that can be done overnight. You cannot ask the Prime Minister or anybody else responsible, like the Minister of the Interior, that he has to appoint somebody in your place and then he does it immediately. This usually takes some time, and I think it is a step in the right direction that we are giving the Administrators and the executive committees this right to delegate not only certain matters which they cannot handle themselves, but also to appoint people in their places.

We fully support too, as the hon. member said, the question of equality of language rights in respect of town-planning matters. The hon. member will appreciate that this was one of the difficulties initially. We had a number of matters in respect of which we wanted language equality implemented by the provinces, but this was not always done. We only found quite recently that in respect of town-planning schemes which were advertised and in respect of which tenders were called for this did not happen and that many people could not interpret the advertisements as they were published. We feel too that language equality can be extended in public notices. There are many matters, which I do not want to discuss today, in the provincial administrations where unilingualism is still prevalent, to put it this way. I think in the years that I was in Natal I possibly had to do 90 per cent of all my work in English for the simple reason that I had four English-speaking members of the Executive Committee and possibly 90 per cent of our officials were English-speaking too. We did try at one time to alternate by using Afrikaans one month and English the next, but this did not prove to be a practical possibility, not in the province of Natal at any rate. I hope that this will be possible or that it can be made possible in the other provinces.

Mr. L. G. MURRAY:

But the Free State is exactly the opposite.

The MINISTER:

The Free State may be the other way around, but in Natal especially we have a large number of unilingual people. I do think that this is a matter which can be further investigated with a view to extending the alternate use of the two languages.

The hon. member said in regard to the question of assistance to smaller local authorities, that the Central Government should assist in translating the notices, etc., which from time to time have to be published in connection with township matters in both official languages. I do not think that this is the responsibility of the central Government. As I see it, it is the responsibility of the provincial administrations, and I think that all four are willing and, in fact, trying to do this as far as possible. It is very difficult to get people who can do translation work. We do not only experience this difficulty in the provincial administrations, but it also obtains in the central Government. Very few people can translate notices and publications of a rather technical nature satisfactorily. These are difficult to put across in another language.

*As regards the hon. member for Koedoespoort, he concentrated his attention on two clauses in particular, i.e. clauses 1 and 2. He spoke of a number of problems regarding education, which I think it will be possible to discuss in more detail during the Committee Stage. It is true, as he said, that it is a pity that these changes could be applied for the first time only this year; in other words, that we could not start implementing these particular clauses shortly after the passing of the legislation in 1967.

The hon. member, too, will realize, however, that we have had all kinds of difficulties in rendering possible co-operation between the universities and teachers’ colleges. In any event, I hope that henceforth much more rapid progress will be made in expediting the integration, if I may call it this, of the universities and colleges as far as the training of secondary teachers is concerned. I think the legislation makes provision not only for the matter of accommodation space but also for the use of teaching staff from the universities. Furthermore, I hope the universities will make generous use of their trained staff, because, as the hon. member rightly said, we have in our universities a large number of people who are very well trained in this direction and who have not been available to the training colleges. I believe that full use will undoubtedly be made of these people. Even if this is not the position at the outset, it will happen in due course that such people will be exchanged. I think it is a very wise step if such people are encouraged to do so.

The hon. member went on to refer to the question of bursaries for enabling a prospective teacher to study abroad too. I think this is a step in the right direction and something of which the teachers will certainly avail themselves as far as possible. As the hon. member said, and I agree with this, we must ensure that on the return of a person from abroad, he will make available his experience, his studies or this thesis to others who are in similar circumstances in other provinces in colleges or universities. This is one of the problems with which the Government has to contend. Occasionally we do send people abroad to undertake certain particular studies. They return and write papers, but they do not always make those papers on the experience they have gained available to people who find themselves in similar circumstances in other provinces.

The hon. member for Durban Central mentioned the fact that teachers were often seconded to higher posts than those they occupied at that stage but that they were then not remunerated accordingly. I do not want to express an opinion on the principles of this matter today. However, we have the position that some of the provinces do this in the case of hospitalization. For example, this is done with persons who have to act temporarily as matrons in certain cases, and with doctors who have to act temporarily as superintendents for longer periods—in certain provinces it is valid only after a period of three months—but the principle exists that when a person acts in those circumstances, he is remunerated. This is one of the difficulties our teachers have experienced up to now. I think the matter, and the hon. the Minister of National Education may correct me if I am wrong—has been seen to in the past year or two. The hon. the Minister of National Education will be in a better position than I to reply to this, but I think that provision has, in fact, been made to compensate teachers who have to occupy higher posts temporarily for the period they do so. As regards the Transvaal system of seconding mentioned by the hon. member, I must say with all respect that I do not think this is a matter with which this particular Bill is concerned. I think it may be connected with this Bill indirectly, but in my opinion the proper place for raising the matter will be on the Education Vote. On that Vote one will be able to bring to the attention of the Minister the existing practice in the Transvaal.

*Mr. P. A. PYPER:

Since we are giving other Provincial Councils the privilege of making ordinances with such a specific object now, is this not the time now for us to see to how it works in practice? That is why I brought it to the attention of the Minister.

*The MINISTER:

I nevertheless think it is a matter which can be raised on the Education Vote. This is a completely different measure and I do not think it is relevant to put this question under the circumstances.

As regards the third point raised by the hon. members, i.e. the question of the disciplinary measures to which people who go from the universities to the colleges are subject, I think it is correct that the provinces ought to have the right to apply disciplinary measures. Were it not the case that they had the right to apply disciplinary measures and to exercise discipline, I personally am of the opinion that chaos could develop at those places. I think students simply have to accept that if they take up residence in those institutions the rules applicable in those institutions will be applied to them as well. To me this seems to be a perfectly normal and logical attitude and, as far as I know, it is accepted by most of these people. The hon. member spoke of 60 people he knew to be dissatisfied with this. I do not know of 60 such people. Perhaps the hon. the Minister of National Education can reply to the hon. member in this regard. It seems to me that this is a question of the provinces having to have, in the first instance, the right to exercise discipline where they want to do so. This actually concerns the question of the exercising of discipline, something which we regard as being an inherent right which a province has to have in these particular circumstances.

Motion put and agreed to.

Bill read a Second Time.

LAND BANK AMENDMENT BILL *The DEPUTY MINISTER OF FINANCE:

Mr. Speaker, I move—

That the Bill be now read a Second Time.

As will be noticed from the long title of this Bill, its purpose is to provide for the granting of advances by the Land Bank to companies which carry on fanning operations in the Republic and South-West Africa, and for related matters. However, hon. members must not conclude that the granting of loans to farming companies is a form of credit to the agricultural sector which is now being envisaged by the Land Bank for the first time, since such loans have in reality been granted by the Bank for many years.

As is the case with many other developments in the farming industry, the establishment of private companies in agriculture began to occur here and there years ago, and gradually increased until it has become a fairly general phenomenon today in the more sophisticated economy of our country. During the first two to three decades of the Land Bank’s existence, it did not often happen that a company which carried on farming operations approached the Bank for financial assistance.

In the 1930s, however, the Bank started receiving increasing numbers of applications for loans from such companies, and since many of the applications were of a deserving nature, the Land Bank Board, in the light of the general provisions of the Land Bank Act, proceeded to grant loans, under certain circumstances and on specific conditions, to private farming companies which consisted exclusively of small family undertakings.

As the Bank in due course gained experience of the administration of such loans, some uncertainty arose in respect of the Bank’s powers of recovering the debt under the loans concerned in cases where a private farming company was placed under judicial management or was being wound up.

Therefore this Bill proposes, inter alia, to set out explicitly in the Land Bank Act the Bank’s powers in respect of loans to private companies.

For this purpose the proposed amendments empower the Land Bank Board, in cases where a private farming company has been placed under judicial management or is being wound up, to seize, without process of law, such property of the company as is mortgaged or hypothecated to the Bank, and to cause it to be sold in order to recover the company’s debt to the Bank. The Land Bank Board already possesses powers in regard to ordinary debtors who are declared insolvent or whose estates are administered in terms of the Agricultural Credit Act, as well as in regard to cooperative agricultural companies which are liquidated. In the last-mentioned cases, the Land Bank Board also has statutory authority to exercise such powers in spite of the provisions of the Insolvency Act, the Agricultural Credit Act or the Co-operative Societies Act, as the case may be, and in accordance with that the Bill contains a provision that no other law shall derogate from the provisions of the Land Bank Act in so far as they relate to the companies concerned.

In conclusion, the Bill contains a number of provisions designed to eliminate certain shortcomings in the Land Bank Act. The existing Act prohibits, inter alia, the granting of a Land Bank advance to a member of the Land Bank Board or an adviser of the Bank or a member of the Bank’s staff, and this prohibition is now also being made applicable to a general manager of the Bank, who, owing to an oversight at the time, is not mentioned in the existing section of the Act.

In regard to the granting of loans on a mortgage of movable property, a further shortcoming in the existing Act is being eliminated by the insertion of a provision in this Bill in terms of which the Land Bank Board is empowered, in respect of a debt deficit under such a loan, to prove a claim against the estate of a deceased debtor or the estate of a debtor who is mentally disordered or defective or who is declared incapable of managing his own affairs.

This amendment also empowers the Board to prove a similar claim against a company which has been placed under judicial management or is being wound up.

*Mr. D. M. STREICHER:

Mr. Speaker, on behalf of this side of the House I merely want to say to the hon. the Deputy Minister that we are going to support the Second Reading of this Bill, for the very good reasons set out here by the hon. gentleman himself. It is only surprising that it took such a long time, after it had already become the practice that many farming companies make use of Land Bank loans, before these amendments were introduced. One would have expected it to have been done a long time ago. Since they are contained in the Bill at this stage, we have no objection at all to their being accepted. In clause 1 (c) there is a minor amendment in respect of the definition of a farmer. Perhaps the hon. the Minister can give us the reasons for this and sketch the background to it. In addition, he can tell us what the new definition entails. I hope the hon. the Deputy Minister will explain this amendment to us. This side of the House has no objection to any of the other clauses, and we want to express the hope that this Bill will go through this House as soon as possible.

*The DEPUTY MINISTER OF FINANCE:

Mr. Speaker, I want to thank hon. members opposite for their support. The hon. member for Newton Park referred to clause 1 (c), on which I shall elaborate further in the Committee Stage. I have a memo here which I should like to read out to the House. The present definition of a co-operative company in the Act also applies to a company where this expression occurs in the Act in relation to loans of co-operative companies. However, since a new definition of “company” is now being inserted, and the meaning of the word “company” where it occurs in the Act in relation to loans made to a co-operative company can be clearly distinguished from an ordinary company, the expression “or company” is being omitted from the definition of co-operative company. The hon. member referred to the definition of “farmer”, and if he raises this matter in the Committee Stage, I shall be able to clear up the hon. member’s problems.

Motion put and agreed to.

Bill read a Second Time.

SOUTH AFRICAN INDIAN COUNCIL AMENDMENT BILL (Second Reading) The MINISTER OF INDIAN AFFAIRS:

Mr. Speaker, I move—

That the Bill be now read a Second Time.

It is a mere four years ago that this House passed legislation, i.e. the South African Indian Council Act, 1968, which provided for the establishment of a statutory council to succeed the first South African Indian Council which had been established by administrative procedure four years earlier, that is in 1964, after consultation by the then Minister of Indian Affairs with Indian leaders at the Laudium conference. I make mention of this fact to illustrate the progress that has been made in this relatively short period. Hon. members will perhaps recall that the first council was established in the face of strong opposition from a substantial section of the Indian community and that although those present at the Laudium conference unanimously decided to request the Minister to establish such a council, they were not prepared to nominate even a panel from which the Minister could make the appointments. That council did such good work that they were accepted in ever widening circles. So much so that it was considered necessary after only four years to give greater status to the council by its conversion into a statutory body which could by virtue of the greater support that it commanded at the time, also be constituted on a broader representative basis. One of the tasks assigned to this first statutory council by implication was to pave the way for the next step in its development.

In the brief span of its first period of office, which expired on 31st August, 1971, the council achieved so much success and so much became the accepted Indian authority that a clamour for elections was started in the Indian Press. However, after consultation with the South African Indian Council, I am not prepared to be rushed into hasty action. I prefer to give the council the opportunity to develop in an orderly manner upon the sound foundations laid so far. The measure now before the House is, therefore, an interim measure which is flexible enough to allow the council to develop on a partly elected basis. Hon. members will no doubt have noticed that clauses 1 and 8 contain the gist of this Bill. Accordingly I wish to deal mainly with these two clauses.

Clause 2 provides for the enlargement of the council’s membership as well as for its reconstitution from time to time to consist of appointed and elected members. It is necessary to increase the maximum membership from 25 to 30 with a view to making a wider and better balanced representation between the various provinces possible. The number of 30 has been determined in consultation with the council. Whereas it makes for better representation on the one hand, it is on the other hand not so large as to make the council unwieldy.

It will also be observed that this clause makes provision for the determination by proclamation in the Gazette of the ratio of appointed and elected members as well as the procedure to be followed with elections. These proclamations can be amended from time to time to meet the requirements of the moment and, therefore, allow for development of the council as I have already indicated. In order to make this development possible, it is necessary that the legal procedures to be followed be flexible, allowing the reconstitution of the council from time to time and to amend the election procedures in accordance with the changing composition of the council. There is, however, an important principle written into this clause, a principle that I wish to underline, namely that proclamations can only be issued by the State President “after consultation by the Minister with the council”. This principle of consultation is the all-important basis on which my department and I have succeeded in building sound relations with the Indian community and has, therefore, also been the basis for the sound development of the South African Indian Council in the past, and will continue to be so in future. As a matter of fact, this very Bill is founded on consultation with the South African Indian Council and is accepted by that body.

Subsection (4) of clause 2 provides that serving members of the council as at the time of its enlargement and the first election of members shall continue to serve as appointed members until the expiration of the term of office of the council.

Mr. Speaker, I make no excuse for this provision other than to state that I consider it only fair that the serving members should be accorded this right in view of the service that they have rendered to their community in spite of criticism and censure from certain sections of the Indian public and Press.

I know that in some quarters the members of the South African Indian Council have been labelled as “stooges of the Government” or “yes-men”. It will probably also be said that it is for this reason that I wish to protect their rights. However, no member of the council has been appointed because he is a “stooge” or a “yes-man”, nor have I ever victimized any member of the council for having criticized the Government or its actions. In making appointments it has always been my policy to appoint those persons who could best serve their community and the country in a responsible and dignified manfer. Naturally, I am not prepared to appoint anybody who is not prepared to serve on the basis of consultation but who prefers a policy of confrontation which would bring us nowhere.

At this juncture I wish to pay tribute to the members, past and present, of the South African Indian Council for the excellent work done by them. In spite of criticism and sometimes personal insults and threats they have not faltered in carrying out their duties as responsible members of their community. In particular I wish to praise the members of the executive committee for their unstinted service to their community and country, often under most trying conditions and at great personal sacrifice. They have really performed their duties in a most efficient manner and are in no small way responsible for the esteem in which the council is held.

This brings me to clause 8 of the Bill, whereby the Council is empowered to deal with certain matters relating to the Indian community, such as for example community welfare and education, and which makes provision for the delegation of administrative and executive functions to the executive committee by the Minister, an Administrator or the Executive Committee of a province.

Based on my experience with the executive committee of the first statutory council and that of the present executive, I have no doubt at all that certain functions in the fields of social welfare and education can at this stage be delegated to that body and that as we go along, these matters could be entrusted to the committee in increasing degree. These delegations are, however, matters that will also be considered in the light of our consultations with the council.

The other clauses in this Bill are for the most part consequential amendments. I shall deal with them briefly and if any further elucidation is required, I shall do so in the Committee Stage.

Clause I ensures the continued existence of the South African Indian Council as such from the time of promulgation of the amending legislation until the date on which the council is enlarged by proclamation.

Clause 3 merely acknowledges the present provision for provincial representation and extends it to the reconstituted council.

Clause 4: Apart from the consequential amendment to cover elected members the disqualifications are extended by subsection (c) to include servants of the State who are not incumbents of posts in the public service, e.g. teachers.

Clause 5: The proviso inserted in sub-section (1) ensures that a common term of office can be determined for appointed and elected members.

Clause 6 substitutes a clearer description of the grounds for vacation of office and extends the disqualifications to include such matters as physical and mental defects and misconduct. It also makes provision for written resignation from office and requires appointed members to signify acceptance of their appointment in writing.

Clause 7 rectifies a shortcoming in the principle Act in that there is no provision for continuity of office as far as the executive committee is concerned. In view of the fact that executive powers will be delegated to the committee, it is so much more important that there should be a caretaker committee in between the periods of office of these committees.

Having already dealt with clause 8, I finally come to clause 9 which safeguards the validity of the decisions and actions of the council and its executive committee from nullification by virtue of technical default or omission.

Mr. Speaker, this Bill is not only a further step in the implementation of the Government’s policy of separate development for the Indian community, but also illustrates what can be achieved by a community that is prepared to grasp the opportunities offered to it. It further illustrates that the best way of development is self-development. Responsible leaders of the Indian community have not been slow in grasping this truth. It must be remembered that it was only as recently as 1961 that the Indian people of the Republic were recognized for the first time as a permanent part of the South African population. It augurs well for their future that their leaders have come forward and signified their willingness to work within the framework of Government policy for the welfare of their people in particular and for the general welfare of the Republic of South Africa. No wonder that they have made great strides ahead in all fields during the last decade and have proved that they can in ever-increasing measure render their own community services.

The Government, therefore, has no hesitation in providing this measure for their further self-development.

Mr. R. M. CADMAN:

Mr. Speaker, this Bill will be supported by the official Opposition at the Second Reading. It will be supported because it is a step in the right direction, but in saying that it is a step in the right direction, we are not suggesting that we do not have criticism of certain of the measures embodied in the Bill —I shall deal with those provisions in detail—and that we do not have criticism of the manner in which these powers are to be implemented. As the hon. the Minister has said, the original Act of 1968 was, if one can put it this way, in the nature of a skeleton outline, and this Bill is a measure which puts a certain amount of flesh onto the skeleton. We welcome it in that this skeleton is now to be partly covered. Our criticism is that the Bill does not go far enough. It introduces two things principally; it introduces the elective principle into what is at the present time a wholly nominated body. To that extent it is to be welcomed, although from the point of view of the United Party we would have liked to see it a wholly elective party. The standpoint of this party is that whilst we believe—indeed, it is the corner-stone of our policy—that there ought to be communal councils for various race groups and for the Indians in particular, to which councils’ powers should be devolved so that they will have the maximum executive function we believe that the body which is to exercise those functions should be a wholly elective body. But, Sir, to the extent that the elective principle is introduced in this measure, it has our support. The other principal function of the Bill, as the hon. the Minister has pointed out, is to give executive functions, in the field of social welfare and education, to what was an advisory body under the Act as it stands at the present time. At the present time the Act gives the Indian Council merely powers of an advisory nature, whereas the Bill before the House introduces executive functions. To that extent also the Bill has the support of this side of the House, although, as I shall indicate, we believe that it does not go far enough and that further executive powers could profitably be given to this council. The third aspect upon which I shall comment is that this is really in the nature of an empowering Bill—and I speak generally—to allow the Minister to implement what is intended by means of proclamation in the Gazette. That is the third aspect upon which there will be criticism levied from this side of the House. I may say that for the past year or two in debates on the hon. the Minister’s Vote this side of the House has attempted to obtain from the hon. the Minister an indication of his thinking as to the direction in which this council is to evolve, and it is interesting now to read in this Bill for the first time what the Minister’s thinking is in that regard, in so far as it is revealed at all in this Bill.

Sir, clause 1 provides merely for the continued existence of the present council, pending the inauguration of the new enlarged council, which is set out in clause 2. Clause 2, as the hon. the Minister has said, is one of the principal clauses of the Bill. It empowers the Minister by proclamation —and I emphasize that it is by proclamation—to do a number of things. It empowers him to declare the size of the enlarged council; to declare the number of members to be elected, as opposed to nominated; to declare the qualifications of candidates and voters and the procedures to be followed in regard to nominations and elections. It also provides for the Minister to declare in this proclamation the demarcation of constituencies. Sir, I believe that this is a strange way of going about it; it is a strange way that important matters of this kind should be done entirely by way of proclamation, a proclamation which is not even to be laid on the Table of the House for discussion, as is the proclamation referred to later on in the Bill, in clause 8, which refers to executive functions. The effect of clothing the Executive Committee with executive functions in this way is to preclude this House from having any say in what is intended. We are precluded from having any debate or offering any comments on the number of elected members which this council is to have and on the qualifications of candidates and voters. We are not to play any part in laying down the procedures to be followed at elections or nominations, and we are to have no say in the demarcation of constituencies. It seems to me, to say the least, that this is a strange way of going about things, more particularly as the Indian Council, in one form or another, has now been in existence for some eight years. I would have thought that the proper way to have gone about this Bill would have been to set out in the Bill what was intended in this regard, or, at the very least, for the hon. the Minister in introducing the measure to outline to the House what his thinking is so far as the proclamation which he foreshadows is concerned. Sir, we are given no idea as to what qualifications are expected of members either of the council or of the executive committee. We are given no idea, either in the Bill or in the hon. the Minister’s speech, as to what proportion of this council is to be elected, not to mention the Minister’s intention in the other regards which are referred to as being matters to be dealt with by proclamation. In our view the better and the proper way to do this would have been to follow what was done in the case of the Coloured Persons’ Representative Council Act, a similar measure dealing with the Coloured people and their council, which was passed by this House in 1964. I do not propose to go into detail as far as that Act is concerned. But simply to give an illustration of the way I believe it should have been done I would refer the House to sections 1 to 4 of the Coloured Persons’ Representative Council Act, in which there is set out in detail the manner in which voters are to be registered, the number of the council, the number of councillors to be elected, the number of councillors to be nominated by the Minister, the qualifications of voters and the disqualification of voters. All this is set out at length in the Act itself, which was subject to discussion in this House, and I believe that is the way in which the hon. the Minister should have approached the problem of setting up the Indian Council, with which we are dealing in this Bill.

Clause 3 deals with the distribution of seats between the various provinces, another matter which is to be settled by way of proclamation, and this House will play no part in the settling of that issue. Here again if one looks at the Coloured Persons’ Representative Council Act, it was a matter which was set out in detail in the Bill itself and which was discussed by this House.

Clause 4 of the Bill deals with the qualifications of members of the council, that is to say, qualifications apart from the requirement of being an Indian who is permanently resident in the Republic; that is referred to in the Bill. But all the other qualifications are to be set out by way of proclamation. We have not been told what the Minister’s views are in this regard. Nothing is set out in the Bill and the House is left completely in the dark was to what the hon. the Minister has in mind in that regard. Here again, if one looks at the Coloured Persons’ Representative Council Act, section 10, one finds that those matters were specifically set out in that Bill and were the subject of discussion in this House.

Clause 5 embodies a provision which I cannot understand, and I refer the Minister to the new section 5 (1), which is at line 35 on page 5 of the English text. It is a new proviso which is to be inserted and which, as far as I can understand, language has no meaning which is clearly ascertainable. I would be glad if in his reply or at some later stage during these proceedings the hon. the Minister would tell us what is intended in this regard and what these words mean in his view. I refer to the words “provided that the period of office of persons who are members of the council at any particular time shall not extend beyond a date fixed by the Minister by notice in the Gazette as the date of expiry of the period of office of those members”.

We come then to clause 6 which deals with the circumstances under which a member of the council would be required to vacate his office as a member. A number of them are unexceptionable but I would refer to paragraph (c) on page 7, which provides that a man who becomes a member of the council shall vacate this office if he signifies in writing his wish to resign and his resignation is accepted by the Minister. One wonders why it is necessary that his resignation should be accepted by the Minister. One would have thought that the mere submission of a resignation in writing would have been sufficient, as is normally the case. A further paragraph which one is concerned with is paragraph (b) which provides that if the condition of his health becomes such that the Minister acting on the advice of a registered medical practitioner considers him unfit for further service on the council he can inform him accordingly in writing. No one knows the provisions which are usually applicable in cases of this kind, they are to be found in the Coloured Persons’ Representative Council Act and in the legislation relating to those people who hold office in this House and other elected bodies in this country. The provision normally relates to unsoundness of mind, of one kind or another, usually declared by a court to be such, but here you have an unusual provision whereby the Minister can remove a person on the advice of a single registered medical practitioner. I would like the hon. the Minister in his reply to tell the House what he has in mind in this regard.

Mrs. H. SUZMAN:

Whatever it was, it was unsound.

Mr. R. M. CADMAN:

I would like the Minister to indicate what he has in mind and what circumstances in his view would warrant the inclusion of a clause of this kind. I would have thought that if one is to rely on medical advice in regard to unfitness to hold an office, there should at least be two medical practitioners whose opinion the Minister would accept, as in the case where one has to apply to court to have a person declared to be of unsound mind, or declared incapable of managing his affairs. One medical opinion in those circumstances is never considered sufficient and prima facie it would appear that that criticism would apply in this regard. It is an unusual provision and I would like the hon. the Minister to enlarge upon it in his reply.

A further aspect of this matter which prima facie is unusual is paragraph (h) of this clause, that is to say, the second part. The first part is normal. A man is required to vacate his seat if he is removed from an office of trust on account of improper conduct. That is not an unusual provision but then it goes on to say “or if he has been guilty of conduct by reason whereof he is in the opinion of the Minister, after consultation with the council, not a fit person to remain a member of the council, and is informed in writing by the Minister accordingly”. Here again this is framed in an unusual manner and I would like the hon. the Minister to indicate the type of circumstance which he believes would warrant the inclusion of this provision in the Bill. Here again, if one looks at the legislation relating to the setting up of the Coloured Persons Representative Council one finds no such provision as I am discussing at the present time. The more orthodox references to insolvency and incapacity are all set out there. It is not a measure such as this one to which I have just referred. Now, one wonders why in setting up a council of this kind, or rather giving it further powers, there is such a wide divergence between the manner in which it is sought to be done in this case before us and the manner in which it was done when the Coloured Persons’ Representative Council was being set up. After all, the Bill would not have been brought before the House, one assumes, unless the hon. the Minister has clearly in his mind what he will put in the proclamation to be published when this Bill becomes law. He must have clearly set out in his mind what provisions will be contained in the proclamation. That being so, it would have been proper, I believe, to have told the House on this occasion what his thoughts are in that regard.

Finally one comes to clause 8 which sets out the executive functions which the hon. the Minister is to give to the council. Two of them are set out. They are education and community welfare, matters which properly in our view fall within the purview of a council of this kind. The third is “such other matters as the State President may from time to time determine by proclamation in the Gazette". Here again the Minister’s intentions are not set out in the Bill and he has not told the House a word about it in his speech. We of the United Party believe that you could safely extend the executive functions of this council even at this stage and that you could safely give the council the portfolios of finance and local government, which indeed was the case in the Coloured Persons’ Representative Council to which I have already referred. Those were given in the initial stage and I believe that that extension of power could reasonably have been given in this instance to the Indian Council.

As I have said, we are supporting this Bill because we believe it moves in the right direction. It incorporates two new principles : the election of some of the members at least and the giving of executive functions to the council. However we believe that the method used is not the best method. Indeed, I believe, that doing it by proclamation has serious disadvantages, not the least of which is the fact that this House is not given any opportunity of expressing its views on what is intended in that regard. Whilst the Bill has these defects, we believe that it moves in the right direction in general. Accordingly, it will be supported by the Official Opposition during the Second Reading.

*Dr. J. C. OTTO:

Mr. Speaker, before I reply to a few arguments and points of criticism from the hon. member for Zululand, I want to refer to a very interesting notice that came into my possession. I want to tell hon. members that I did not steal that notice anywhere; it just came into my possession. This notice is in connection with the Bill at issue here. The notice reads as follows—

Indian Affairs Group: Date: Tuesday, 14th March.

Time: 10 a.m.

Venue: Whips’ Room.

Agenda: The event of the Session— Frank Waring’s Indian Bill !

Bribes are being received for those wishing to speak.

It is signed by the secretary, whose name I shall not mention here. This suggestion of “bribes are being received” surely makes it seem to me as if there were no persons who wanted to speak about this Bill. That is why the secretary had to offer these “bribes”. But that is not what bothers me. I refer again to the words “the event of the Session”. In my opinion these words were introduced to purposely, in a sarcastic way … [Interjection] … to refer to that matter disparagingly. It was done with the idea of being derogatory to the Minister in a sarcastic way. If the hon. member knows English he will probably know what this expression in English means: “Sarcasm is the lowest form of wit”.

When we are speaking about a matter such as this, it is necessary to weigh up policies. I say it is necessary for one to weigh up policies. There are some of the younger members on that side of the House who probably do not know of an Act passed in this House, Act No. 28 of 1946, by the Opposition party’s predecessors when they were in power. If there are any hon. members on the other side of the House who want to investigate the matter, section 41 reads—

Indians in the provinces of Natal and Transvaal may be represented—
  1. (a) in the Senate, by two senators;
  2. (b) in the House of Assembly by 3 members; and
  3. (c) in the Provincial Council of Natal, by two members.

Our people are familiar with this orange-coloured booklet, or whatever one calls it, in which the present United Party policy is stated.

*HON. MEMBERS:

Yellow reading-matter.

*Dr. J. C. OTTO:

In this yellow-coloured booklet of the United Party it is stated …

*Mr. N. F. TREURNICHT:

You must however remember that is an interim policy.

*Dr. J. C. OTTO:

Yes, we accept the possibility of this. But it is stated there that under the U.P.’s race federation policy the Indians will again be represented in the House of Assembly by two Whites and in the Senate by one White representative. It is very interesting that this is such a step backwards. In 1946 the United Party passed an Act, but that Act was never implemented because the National Party subsequently came into power. In 1946 the predecessors of the party opposite were prepared to give the Indians two representatives in the House of Assembly. According to that party’s new policy they are prepared to give the Indians two representatives. After 26 years that party is now taking a step backwards. That is the party that criticizes us because we do not move quickly enough and go far enough with this legislation. According to their new policy, there is now a 33 1/3 rd per cent reduction in the number of Indian representatives in this House of Assembly. As far as the Senate is concerned, there is a 50 per cent reduction. At the time they were prepared to give the Indians two representatives in the Natal Provincial Council. Those representatives could be Whites or Indians. After 26 years of backward progress in their attitude and standpoint in respect of one of the population groups in this country, we hear nothing from that party about this. I challenge the United Party to show me, in their present policy and the pamphlets about it, anything in connection with representation of the Indians in the provincial council. Since they determined and declared that policy of theirs, the United Party has had many conferences in Natal. The United Party is also the leading party in the Natal Provincial Council.

*Mr. A. FOURIE:

Where are the Nats?

*Dr. J. C. OTTO:

No, listen to my argument now and do not make nonsensical remarks. [Interjections.] Mr. Speaker, they cannot follow the argument. The United Party, which is at the helm in Natal, and which of course also controls the provincial council there, have never in any case, since they declared this policy of theirs in that yellow-coloured booklet, thought of also giving the Indians a say in the provincial council.

So much for that. We know that in 1946 the Indians did not even want as a free gift that representation they got.

The United Party’s policy in respect of the Indians, as I know it, is that they want to integrate the Indian politically under their race federation system. They do not want to give the Indians representation in accordance with their numbers. Not only have the Indians in Natal increased in numbers throughout the years—I have the figures here, but I do not want to bother the House with them—but they have also increased proportionally in relation to the Whites. Notwithstanding this, under United Party policy they will have much fewer rights than they did in 1946.

*Mr. P. A. PYPER:

Are you going to give them a homeland?

*Dr. J. C. OTTO:

They have no say in the Natal Provincial Council and the United Party does not intend to give them any say either. In this Parliament, in the House of Assembly and in the Senate, the Indians will of course be completely dominated. They will only have a nominal say. Hon. members opposite must now listen to this question I want to ask them. It is a very simple question and I am going to ask it in very simple language: What, on the other hand, is the National Party going to give them? The National Party believes in separate development, and it believes that the Indians are a separate people. It believes that the evolutionary process of the Indians’ development, politically and constitutionally, is the correct and sound one. The hon. member for Zululand said: “It is a step in the right direction”. He said, in addition, that they had no further criticism, “but it does not go far enough”. He repeated this a few times. That is why I am stating this argument. The National Party believes that the pattern, the basis, was determined in previous legislation, inter alia Act 31 of 1968, which forms the basis of this amendment Bill. The National Party believes this to be the correct basis. The National Party also believes that the Indian Council can do much more, even at the present time, than the Indians will be able to do under United Party policy, as it applies to them. The National Party believes that constitutionally the Indians cannot progress more rapidly than they are able to and more rapidly than they can absorb. The National Party believes that the Council must not obtain greater responsibility than they are able to manage. I am referring here to the matters mentioned in connection with education and community welfare. The Indian Counoil knows the National Party’s policy —we do not beat about the bush as far as our policy is concerned—and there are no illusions. That is why the Indian Council has also acquiesced to this legislation.

I want to make a few general remarks. The term of office of the Statutory Indian Council that was appointed in September 1968, expired on 31st August, 1971, and the new members have already been nominated. That is why these members are now being retained. The establishment of the South African Indian Council was a step forward in the life and being of the Indian community. It can be confirmed that this Indian Council has done more for the Indians than any Indian organization has ever done before. The Council has become a channel of contact, and before the establishment of the Indian Council there was very little contact between the Government and the Indian community. With the creation of the Indian Council by this Government, the first legally recognized medium of contact developed between the Indian community and the Government. Previously there was only a scant measure of contact between the Government and certain individuals or organizations in the Indian community. This was, however, only sporadic; it was very irregular and never significant. Sometimes it was contact that developed out of a crisis or complaint situation. The result was that emotions were aroused during those discussions, and on all sides it was felt that this was ineffective. Basically the Indian community derived very little benefit from it.

In contrast with the situation that prevailed, the Indian community obtained a very important instrument, with the establishment of the South African Indian Council, which could advocate their interests. This made machinery available to the community to approach the Government at the highest level and to act in the interests of the Indian community when this was necessary. The result of this was that the Indians’ problems could be better understood, but it also resulted in the Indian Council beginning to gain a better understanding of the standpoint, the problems and the policy of the Government. Frequently there was a revaluation of situations, which promoted the peaceful coexistence of the various population groups, and appreciation was also expressed for the work of this Indian Council. In this connection I want to quote from what the Minister of Finance said in July, 1971, on the occasion of the inauguration of the new Republic Bank in Durban, in connection with the Indian Council. At the time he expressed the following words of appreciation—

I wish to place on record the Government’s appreciation of the manner in which the South African Indian Council has conducted, from time to time, its negotiations with the Government. Those negotiations embraced many aspects of Indian life in South Africa. Whilst a large variety of matters are dealt with, we in the Government can always be sure that the representatives of the council can be relied upon to conduct their negotiations with dignity no matter what the subject of discussion. At times it was difficult to say “no” to the council … I wish to pay tribute to the South African Indian Council and its executive committee who have guided and assisted the community it represents in so many ways in recent times.

In short, as a result of the creation of the Indian Council, the Indian community has gained a tremendous opportunity for dialogue with the government at various levels: with the officials, with the Minister and on occasion with the Prime Minister, and even with the State President. I know that these people have been accused of being “stooges”, but we also know that when hon. members opposite come along with their policy in respect of the Indians, they have not even consulted a single Indian. They cannot tell us what prominent Indians they have consulted; they are consequently talking at random.

Quite a few principles are embodied in this Bill, the first being that the Indian Council is now being enlarged. This is quite obvious. A number of members are elected members, i.e. this Council is partly elected. The hon. member for Zululand also referred to that. In addition the powers of the South African Indian Council are now also being extended and it is obtaining wider powers in connection with the Indians’ own education, community development and other matters Which the State President determines from time to time by proclamation in the Gazette.

I want to conclude by saying that this legislation is also a logical consequence of the policy of separate development of the National Party.

Mr. W. M. SUTTON:

Mr. Speaker, I had imagined once upon a time that the jackass was the animal with the least sense of humour in the animal kingdom, but having heard the hon. member who has just sat down, I am coming to the conclusion that a “kudu” with a “poort” on it has even less. My hon. friend, the green member for Odendaalsrus, who called out “skande” when this notice was read out, has even less than the hon. member for Koedoespoort, because this is the event of the season. All of us are pleased to see the hon. the Minister of Indian Affairs coming to this House with the Bill. For members of the Indian group on this side of the House, it is a very great, rare and “seldsame” occasion, and we welcome it. We have a problem, as we always have in dealing with the hon. the Minister, namely to sort out the rush of members on this side who wanted to help the hon. the Minister get his Bill through the House. For that reason we decided that there should be a small contribution made, and who should they make the contribution to, but to the secretary of the group? It is a highly profitable operation, and we welcome the hon. the Minister with his Bill. We are here to help the hon. the Minister and to support him. We are supporting the Bill, and I do not know why hon. members opposite should be upset about it. We are supporting the measure because we believe it is a measure which takes the Indian community a step further along the way which we would like to see them go. What interested me was that the hon. member for Koedoespoort did not say one word about the Bill, except with his last two words. He was talking about the policy of the Nationalist Government. I am very pleased indeed that he did so. He queried the policy of this side of the House. He cast reflections on the fact that we no longer provide for representation in the provincial councils by members of the Indian community; with justice, because our policy now is that they shall have a communal council on which they will be represented, which will replace the functions that they could be enjoying in the provincial council. The hon. member must therefore not say that it has been reduced by 50 per cent, or any big grandstand act of that nature. It means nothing at all. But neither he nor the hon. the Minister gave any idea whatsoever about what is in the hon. the Minister’s mind. We are entitled to ask whether there is anything in the Minister’s mind. Surely, we have here something which I regard as nothing less than a cloak-and-dagger act. The hon. the Minister is coming before us with a Bill to give him certain powers to do certain things by regulations things which are going to affect the constitution of the Indian Council. What those things are, we have no idea at all, except that somewhere or other, in the dark folds of the cloak in which this Bill is enfolded, there will be-provision for some people to be elected to the council.

Mr. H. J. COETSEE:

Are you supporting this cloak-and-dagger Bill?

Mr. W. M. SUTTON:

I am supporting it, because it is the best we can get from the hon. the Minister. At least, if we are going to support it, we would like to know —we invite the hon. the Minister to tell us —what he has in his mind. Will there be only the five additional members to be elected?

Mr. D. E. MITCHELL:

How can you have anything in a vacuum?

Mr. W. M. SUTTON:

Well, Sir, that is not my problem. Does he intend to have perhaps 14 of the 30 members elected and 16 to be appointed, which would give them a safe majority? We would like to know. We really feel that this is something which is not a sound way of legislating. I am surprised that the hon. members on the other side can support it, that the Minister can simply say here, “give me the power to do certain things.”

The MINISTER OF INDIAN AFFAIRS:

But you are supporting it—not only members on this side.

Mr. D. E. MITCHELL:

They should be opposing it.

Mr. W. M. SUTTON:

Perhaps, Sir, they should be opposing it. The point is that they are introducing the legislation. It is in furtherance of their policy. It is their policy which is being implemented. I am quite certain that none of them will tell us during the course of this debate how many of these members are to be elected and how many to be nominated. Surely, if anybody is going to stipulate something like that, it is the duty of hon. members on the other side to make sure that legislation which comes before this House contains the details, as the previous legislation did concerning the Coloured Representative Council, of what the Government had in mind. Why do the hon. members on the other side allow the Minister and the department to come before this House with something which is completely vague, literally a blank cheque given into the hands of the hon. the Minister?

Mr. R. M. CADMAN:

It’s an enabling Bill, that is all.

Mr. W. M. SUTTON:

As the hon. member for Zululand says, it is an enabling Bill which puts into the hand of the Minister the political future of the Indian community.

Up until now, what we have had has been merely a consultative body representing the Indian community, who were in fact a hand-picked group, picked by the hon. the Minister and his predecessors …

The MINISTER OF INDIAN AFFAIRS:

Be careful!

Mr. W. M. SUTTON:

I am sure the hon. the Minister will not deny that it was a hand-picked group. He picked the people who, in his view, represented the Inidan community. That is a fair statement. I think the hon. the Minister can give us—a statement as to why all the members of this council are not at this stage to be elected. Is it perhaps that there is no trust between him and the members of the Indian community, or what is it exactly in his mind that makes him hold on to the powers to nominate what would probably be a majority in the council, as it is going to be reconstituted. I say “probably” because we do not know. The hon. the Minister has not told us.

I would like to deal with a point which was raised by the hon. member for Koedoespoort, namely the policy of the Government regarding the eventual aim and the path on which we are going, the first step of which we are now taking. The hon. member attacked us for our policy of bringing representatives of the Indian community into this House. He said that the policy of the National Party was separate development. I hope that the hon. the Minister or the hon. member for Rissik or the next speaker on that side will tell us what the ultimate aim of the National Party is in relation to the Indian community. Sir, I ask that question because I believe it is going to become of very great importance indeed as the political development of the Indian community takes place, and I believe it for this reason: Let us go back in history and look at the time of the French Revolution, which brought about one of the most violent changes in history. The King of France called a meeting of the three estates—the nobles, the clergy and the commoners—to meet a very great financial crisis in his kingdom. Sir, from that apparently innocuous act emerged one of the greatest revolutions the world had ever known—for one reason, and that reason was that as time went by the position of the moderates was out-flanked consistently and persistently by people who were extreme. I believe that if the Government are serious about allowing the Indian community to delop in a responsible political fashion, it is up to them to strengthen with every means in their power the position of the moderates in the Indian community. Sir, I want to know how the moderate element in the Indian community, who have more to lose than any other population group in South Africa should there be a revolution in our country, can be expected to maintain their position in their own community with the whole of their future simply a blank. Sir, they have more to lose than any other group because we have seen what has happened in Africa to the north of us, where every single major Asian community has been decimated by extremist Black nationalists. What we face is a political development in which the Indian community, standing side by side with the White community, as they do, with a very great community of interests with the White people, is being urged on by people who are becoming more and more extreme out of sheer frustration because of the lack of leadership on the part of Nationalist Government. It is the moderates who have to be reinforced in their position. These people do not know what the ultimate outcome of Government policy is going to be. It has been stated openly that there will be no homeland for the Indians. If there was going to be a homeland for them, then we could understand it. We know that the Coloured community are suffering exactly the same sort of frustration. How do you allow people to stand on a moderate basis of co-operation with White South Africa and that kind of thing, when it has been openly said by representatives of the Indians that they are prepared to go for Black power because the Black man in South Africa can treat them no worse than the White man has done?

The MINISTER OF INDIAN AFFAIRS:

Are your friends the Indian Congress?

Mr. W. M. SUTTON:

Sir, I have no friends in the Indian Congress.

The MINISTER OF INDIAN AFFAIRS:

But you have just quoted them.

Mr. W. M. SUTTON:

I am merely quoting what they are saying. They are not my friends; they may be the hon. the Minister’s friends for all I know. I do not know who they are, but that is a quotation which is being freely used, and it is being used because the Indian community, which is part and parcel of this South African conglomeration of nations, or whatever you like to call the multi-racial elements of South Africa, can see no clear future for themselves in terms of the Government’s policy, and what we have had here from the hon. the Minister today is merely an indication that we are going to take a step forward—towards what? The elective principle is now going to be adopted.

Mr. W. A. CRUYWAGEN:

You said that it was the right step.

Mr. W. M. SUTTON:

Yes, we agree, but I want to know what the Minister is going to do to strengthen the position of the moderate element in the Indian community to make themselves available for election in terms of the measure which we are now being asked to pass. There is no clear indication and no guidance from the Minister. I believe it is absolutely essential that in the course of this discussion we should get a clear indication from the other side as to what they envisage as the ultimate future and destination of the Indian community in South Africa. Sir, the hon. member for Koedoespoort has said quite clearly what our policy is. We envisage representation for the Indians in this House. I would like to quote what was said by a very distinguished South African, a person no less than the hon. member for South Coast, who said once that prededents have more force than any law. I want to say, Sir, that there is a tremendous force of precedent which is resident in this House. I say with all the seriousness at my command that there is a tremendous force of precedent which exerts pressure upon people to conform to the rich traditions of democracy which are present in this House and which have proved time and again to be able to discipline and to control any kind of extremism and that kind of thing when people in other countries and in other places have been included in parliamentary institutions of this nature. Sir, we stand here as the heirs of a tremendous, long span of history, we have a machinery, a procedure—and we have you yourself, Mr. Speaker, as the representative of the power of the State in this House—to which every member in this House bows in acknowledgment of your authority in this Parliament, and this is something which we as a White people would abandon at our peril if we simply gave it up and said to the Indian people : “Go off into some kind of limbo,” which is undefined, which is unknown constitutionally, which has not yet been settled or decided upon by hon. members on the other side. Sir, we say that this is a step in the right direction, but we think there is a very, very heavy onus on the Minister to tell as exactly how he sees the ultimate destination of the Indian community on the path on which he is starting them here today, a path which we support.

*Dr. P. J. VAN B. VILJOEN:

After listening to the hon. member for Mooi River, I wonder if Bill understands the Bill. In one breath the hon. member says they support this Bill, but in other respects he cannot (criticize) the Bill strongly enough. The hon. member wants to know what our thoughts are in connection with the Indian’s political future. He wants us to tell him in detail what we in South Africa envisage in respect of the Indian’s political development. The hon. member had the fullest opportunity, when he spoke a moment ago, to tell us what constitutional development the United Party envisages for the Indians with their policy of having the Indians represented in this House by Whites. Why did the hon. member not lift the veil for us a little as far as the future is concerned? Does he want us to play the role of prophets in this matter? Our whole policy is based on the sound principle of separate development, and on that basis we shall continue.

*An HON. MEMBER:

Homelands?

*Dr. P. J. VAN B. VILJOEN:

The Indian will not obtain representation here; he will have his own political dispensation.

*HON. MEMBERS:

Where?

*Dr. P. J. VAN B. VILJOEN:

Sir, allow me to express our great appreciation to the hon. the Minister for this Bill. Allow me also to express my great appreciation to him for the sympathetic manner in which he co-operates with the Indian Council. Sir, I have that evidence from Council members themselves, with whom I spoke about these matters. They all speak with great appreciation of the confidence which the hon. the Minister has already established in the Indian Council. It was a revelation to me that these people feel themselves free to liaise with the Minister, particularly in respect of what is sometimes a ticklish problem, the implementation of the Group Areas Act. Only recently they again talked to the Minister about that. They have so much confidence in the Minister that they come to him with all their problems and he listens to their representations. Sir, in accordance with stated policy, the National Party comes before the House today with this next evolutionary step in the process of the political development of the Indian population in South Africa. The nominated council is now being enlarged from 25 to 30 members by the addition of five elected members. This principle of nominated members in a limited executive capacity is nothing new in the history of South Africa. On the contrary, this concept of a nominated executive authority in South Africa is a very old one in the tradition of our political history. The old Cape executive authority initially consisted of nominated members; later it was supplemented by elected members, and these elected members were gradually augmented until eventually the executive authority consisted fully of elected members. In Natal the original executive authority was also appointed; later there were the elected members and these were gradually augmented. With the Government now making provision for the augmentation of the Indian Council, we are therefore now acting in accordance with tradition as far as the constitutional evolutionary process in South Africa is concerned. In addition I should like to point out that the present members of the Indian Council have accepted and carried out their duties since its inception with great dedication and responsibility. We are very grateful to the Council for that. We therefore cannot now summarily discharge the members to create vacancies for other members; that is why there is this augmentation of the Council to also allow for the better functioning of the Council. We give recognition to the good work they have done. They themselves know that the process towards greater autonomy is a gradual one, and they accept this with responsibility. In addition this Bill also takes the constitutional development of the Indians a step further in respect of their executive authority. Thus, in terms of our stated policy, we shall supplement their authority to an increasing extent by giving them greater responsibilities. As provided in this Bill, they will also have specific duties in respect of education and social welfare. I think there is a great need for social welfare work amongst certain groups of the Indians, and I think they themselves can handle this much more effectively. The fact remains that the Indians in South Africa are really in a very fortunate position in terms of this particular dispensation. The weaker groups in any community are quite frequently engulfed in respect of their own needs, particularly in a democratic system such as we have here in South Africa. Here the Indian community has the opportunity of singling out its needs in order to expressly bring them to the Government’s attention, and in many respects I think this is a privilege for a minority group. If the Indian population and the Council act, in future, in the same spirit of goodwill and with the same sense of responsibility they have displayed up to now, their constitutional development will of necessity have to accelerate. I think the hon. member for Mooi River ought to listen to this because he is so concerned about this matter, but apparently the hon. member is not interested in the answer. It depends on the Indians themselves whether they accept the responsibility as it will gradually be allocated to them and utilize it in a responsible way. We concede that there are certain ceilings for the present, but I do not regard these present ceilings as permanent political or constitutional institutions.

In a debate such as this I think it is a good thing for us to take a brief look at a few specific characteristics of the Indian community. In the first instance I should like to refer to the fact that in a period of about 100 years the Indian population has undergone virtually no form of integration with any other race in South Africa. I think this is noteworthy and we must mention it. There is already a need in the Indian population to preserve its own identity in South Africa. This is also in accordance with the National Party’s stated policy and we do not begrudge them the fact. Their religious and social systems are beneficial to the preservation of their own identities. We must also note that in general the Indians are economically active and self-sufficient. I will readily concede that there is, in fact, also great poverty amongst certain sections of the Indian population, but in general the Indian is to a large extent self-sufficient and therefore not a burden to the State. Since new statutory powers have now been bestowed on them, I think they can, to an increasing extent, provide for their own needs in the economic and other spheres. If we make a study of criminology in South Africa, it is also interesting to note that the incidence of crime is low amongst the Indian population. This is particularly the case in respect of juvenile offences. I think we can safely accept that this attests to a people which, to a large extent, brings up its children in a responsible way. Contrary to the popular conception, I want to point out that there is a large degree of diversity amongst the Indian population in respect of their professional life. On a percentage basis the professional diversity of the Indians accords to a large extent with that of the Whites. It is therefore not so that the Indians are chiefly drawn into commerce. The Indian population is playing an increasing role in our national economy. We find that Indians are particularly suited to engage in a large diversity of professions in our industry. It is interesting to learn that with the staffing of the third Iscor, which is being built at Newcastle, about 1 500 Indians will be needed to act in various capacities. This attests to the greater role the Indians will play in the whole South African economy in the future. Therefore it is also right that by the establishment of the Indian Council they should have greater responsibility.

What is the United Party’s dispensation for the Indians in South Africa? In sharp contrast to the realistic approach of the National Party, we get the United Party’s policy of limited representation: two representatives in the House of Assembly and one Senator in the Senate, who must all be Whites. Coupled with this excuse for political authority are the other lovely words of the United Party, i.e. race federation. It is not even an excuse for the meaning of the words “race federation”. More than a hundred years of limited political rights for the Coloured people of South Africa, meant nothing at all to them as a people. On the contrary, the Coloured people, like the Indians, will to an increasing extent obtain the benefits the National Party is establishing for them. I believe that the Indian population in particular will make use of this. How can such an excuse for political rights as the United Party offers embody any advantages for the Indians? I do not think that the Indians in South Africa will ever be so stupid as to exchange such make-believe as the United Party offers them for the benefits of their own authoritative body as embodied in the Indian Council which is being offered to them by the National Party.

*Mr. SPEAKER:

Order! The hon. member should deal with the Bill now.

*Dr. P. J. VAN B. VILJOEN:

Mr. Speaker, I think the Indians of South Africa have already indicated that they are prepared to co-operate with the Government in respect of this legislation. It is therefore also necessary for us to sketch the background of the Indians’ way of thinking and the light in which they see this Bill. I consequently also want to point out further that the plans the United Party had for the Indians in the past were actually pathetic. I shall quote briefly here from …

*Mr. SPEAKER:

I hope the hon. member is going to quote from the Bill now.

*Dr. P. J. VAN B. VILJOEN:

Mr. Speaker, I want to refer to the Act, passed by the United Party in this House of Assembly in 1946, relating specifically to Indian affairs. I should like to point out that as far as electoral qualifications were concerned, they laid down a policy very much the same as the present Progressive Party policy. Here they mention, for example …

*Mr. SPEAKER:

Order! No, the hon. member must deal with that matter on another occasion; we are dealing with the Bill now.

*Dr. P. J. VAN B. VILJOEN:

Mr. Speaker, we hope that the Indian Council will profitably use this additional step in the constitutional evolution of the Indian population and implement it for the good of the Indian population in South Africa.

Mrs. H. SUZMAN:

Mr. Speaker, the hon. the Minister of Indian Affairs made a very sad admission this afternoon when he introduced the Second Reading of this Bill. He says that it is only since 1961 that Indians have been recognized as a permanent part of the population of the Republic. I do not know for whom he is talking. He can certainly only talk for his own Party because I can assure him that there are very many enlightened people in South Africa who have always accepted that the Indian population of South Africa is a permanent part of this country and have never ever placed any hopes in schemes of repatriation or anything of that kind. The hon. the Minister also said that he was not prepared to be rushed and therefore the Bill that he is offering here this afternoon does not incorporate a council which is to be an elected council. I myself think that it is an impertinence in this day and age to come to the House and offer the Indian population of South Africa, a population which has been here for more than a hundred years, incidentally, this pale substitute of an elected council. The hon. the Minister talks about this Bill conferring status on the Indian Council. We should not confuse status with power, because there is no doubt whatsoever that this Bill will not give the new council more power really than the old council had. I say it is an impertinence to offer this to the Indian population, a population which today numbers some 620 000 people according to the latest census. I say it is an impertinence because the Indian population, of all the groups, other than the White group in this country, of all the socalled non-White groups in South Africa, is by far the most educated group, by far the most culturally advanced group and the group which is entitled for these reasons to be given some meaningful say in the conduct of their own affairs.

Having said that, let us have a look at the Bill itself. According to the long title of this Bill the Bill will amend the 1968 Act so as to increase the number of members of the South African Indian Council. I do not see where that is going to happen. It does give enabling powers, but this may never take place. There may never be a proclamation which will increase the number of members of the council. It states furthermore that the Bill is going to provide for the election of certain members of the said council. Once again there is absolutely nothing in the Bill to say that the proclamation must take place, not at all. It is again a “may” and if it is in the opinion of the State President desirable to do so by proclamation. If it is not necessary or not considered wise to allow for the election of members, this too may never come into being.

The long title refers to the entrusting of certain additional functions to the said council. Nothing in the Bill is less certain than this; there is nothing in the Bill at all to ensure this. Apart from its indicating that the portfolios of Education and Welfare are going to be handled by the council, there is absolutely nothing laid down as to what additional functions are going to be performed by the council, none at all. We have nothing whatever in the Bill which tells us about the qualifications of the members, although the long title of the Bill states that the Bill is going “to further define the qualifications of members of the said council”. Not at all. It simply lays down again that the State President “may” lay down the qualifications of the members.

Indeed, I believe that we are being asked this afternoon to pass a Bill which gives no indication whatever as to its substance or as to its effect, because it leaves the functions and the constitution of the Indian Council entirely at the discretion of the Minister. We are not even told what the qualifications of the voters, in fact, are going to be. This, as far as I am concerned, is a no-Bill and I do not propose to support it.

I will concede that there is something in the Bill superficially which might embody what is known as an elective principle, but it is so vague and such an illusion that I, for one, am not prepared to give substance to a Bill which is as vague as this, which gives us absolutely no indication as to how the new council is going to function.

I do not believe that the Indian people as a whole see measures like this South African Indian Amendment Bill as putting them on the road to self-determination. Hon. members opposite may bluff themselves that this is the case, but I do not believe that Indians, by and large, those anyway who are politically minded, see this Bill as one which is going to put them on the road to self-determination. They rather see it in the light of the words of the hon. member who has just sat down and that, I think, is a much more accurate description, they see it as another embodiment of the policy of apartheid, of the policy of separate development.

Mr. P. T. C. DU PLESSIS:

What is wrong with that?

Mrs. H. SUZMAN:

The hon. member says “what is wrong with that”. He happens to support that policy; I happen to oppose that policy and the vast majority of the Indian population of South Africa also happens to oppose the policy of apartheid. That is why I say that hon. members opposite are bluffing themselves and I think the hon. the Minister is one of them, although I am not questioning his sincere desire to conciliate the Indian population. But I think he is bluffing himself if he thinks that coming with a Bill of this kind is in any way going to make the Indian population feel that they are being put on the road to self-determination. Far more do they see it as a further separation of themselves from the general stream of the social and economic development of South Africa.

Mr. P. D. PALM:

What about the Coloureds?

Mrs. H. SUZMAN:

Well, I opposed that as well. The hon. member ought to know that. I opposed that strongly and I oppose this too.

The hon. the Minister talked about consultation with the Indians. I do not believe that he has consulted really with what I call Indians who are politically conscious.

The MINISTER OF INDIAN AFFAIRS:

No, I have not consulted with the Indian Congress.

Mrs. H. SUZMAN:

Perhaps the hon. the Minister should have and I shall tell him why. The Indian Congress, certainly as it existed originally, was far more representative of the real feelings of the Indian people than what has been created to fill what I can only call the vacuum which was created, and which has been filled by various councils, first the original council, the advisory council, which was then given a statutory function in 1968. All the measures which have been put on the Statute Book from the 1950’s onwards, and particularly throughout the 1960’s, measures which have allowed for bannings and house arrests and so on, have in fact emasculated political Indian opinion in South Africa. The once powerful Indian Congress was never banned. The hon. the Minister knows that. That organization, unlike other organizations, was not banned, but it was, emasculated because its leaders were banned and many of them are still under serious restrictions. I believe that in general the hon. the Minister does not really have the pulse of the Indian people under his finger-tips when he introduces this Bill as a Bill which is going to conciliate the political aspirations of the Indian people in South Africa. I do not want to go over the whole history of what has happened to the Indians in South Africa, because we know the history. We know what happened when the department took over in 1961, when it took over various functions from both the Central Government and the provincial governments in South Africa. It took over matters like immigration, the registration of births and deaths, education, welfare work, and so on. All this was gradually taken over by the Department of Indian Affairs. I want to concede at once, because I do believe in giving credit where I can give credit, that there are many officials in the Department of Indian Affairs who have been extremely sympathetic and tactful in their handling of the Indian population. I concede that at once and I think the Indian population is well aware of that. I also want to concede that there have been improvements, particularly as far as education is concerned. There is no doubt that in the field of education considerable improvements have been introduced since the setting up of the Department of Indian Affairs. Schools have been built, the qualifications of teachers have improved, and the whole standard of education has been bettered. I concede that right away. But none of this is a substitute for meaningful political rights, and the Bill we have to deal with today is concerned with offering some form of political representation, some form of political expression, for Indians, I do not believe that it fulfils a useful function and I must say this right away. I will admit, too … no, I am not going to admit anything else. I have got through my list of admissions …

The MINISTER OF INDIAN AFFAIRS:

You were going to thank me.

Mrs. H. SUZMAN:

No, I am not going to thank you, because I think these are normal functions of a normal Government. I believe that improving the lot of the population, irrespective of colour, is the function of the Government, and I do not thank the Government for that. I am simply admitting that these improvements have taken place in certain respects, and I do pay tribute to the officials in the department who have handled their responsibilities with tact and, indeed, with sympathy.

As far as the local affairs committees are concerned, I think I know of only one that has proper executive functions and real responsibilities, and that is the Indian local affairs committee at Berulam. I know of no other. The others are all partly elected and partly nominated and they serve no real purpose at all. The hon. the Minister should have learned from the experience we have had as far as the Coloured Persons Representative Council is concerned. We know from experience that there is extreme dissatisfaction amongst the Coloured people about the way in which this council has been set up and the manner in which it is constituted. Although there are elected members and the way in which they were nominated and the personnel from whom they were drawn, namely from rejected aspirant elected members, should have taught the hon. the Minister a lesson. Yet he comes along here making suggestions which will result in the Indian community which is, as I say, the most advanced and educated and culturally sophisticated section of the non-White people, reacting with exactly the same dissatisfaction with the council that he is setting up that we have experienced as far as the Coloured council is concerned. In 1961 Dr. Verwoerd told the Coloured people that after ten years they would be in full control of their own affairs. The fact is that after 12 years they are still entirely at the mercy of this Party.

Mr. SPEAKER:

Order! We are not dealing with Coloured Affairs now.

Mrs. H. SUZMAN:

No, Sir, but it is an example.

Mr. SPEAKER:

The hon. member must deal with the Bill.

Mrs. H. SUZMAN:

I am just drawing an analogy, Sir, that is all. Exactly the same position applies now to the Indian people. As the hon. member for Koedoespoort, who has now disappeared, mentioned, more than a quarter of a century ago, Gen. Smuts actually offered the Indian representation in Parliament. He offered them three White representatives in the Assembly, one in the Senate and two Indians in the Provincial Council. It was rejected by the Indians then. A quarter of a century has passed since then, and the whole of the attitude of the Western world has changed as regards racialism, race discrimination and racial attitudes, and yet the hon. the Minister comes to the House, despite all these changes, with the largesse that he is offering in this Bill.

Mr. P. D. PALM:

What do you suggest?

Mrs. H. SUZMAN:

I will tell the hon. member what I suggest. I suggest meaningful political rights for the Indian people on the common roll. That is what I suggest. That is what my Party has always suggested. We suggest meaningful political rights for all races in this country on the common roll with qualifications which shall be based on education and economic qualifications. [Interjections.] I will send the hon. member copies of our policy which was laid down in 1959 and 1960. It is all in writing it has not changed, and hon. members can read, I hope. [Interjections.] Hon. members are not going to waste my time now, but the basic principle is common roll rights for qualified persons of all races in South Africa and representation in this House for persons of all colours on a common roll. That is the alternative. We have realized and everybody who has any political nous, if I may use that term, has realized that unless those rights are meaningful, people suffer grave disabilities. The history of the Indian people South Africa bears out the disabilities they have suffered under the Group Areas Act, and under statutory and conventional colour bars.

Mr. SPEAKER:

Order ! the hon. member must come back to the Bill now.

Mrs. H. SUZMAN:

Well, hon. members over there asked me to describe our policy and that is all that I have done in brief.

Mr. SPEAKER:

But the hon. member must not allow herself to be led into temptation.

Mrs. H. SUZMAN:

I will simply conclude by saying that, because I do not believe this Bill offers any meaningful political rights to the Indian people and because I believe that at this stage of our political history it is an impertinence to offer this emasculated, so-called “elected” council to the Indian people. I am going to vote against the Second Reading of this Bill.

*Mr. H. D. K. VAN DER MERWE:

Mr. Speaker, I listened with particular attention to the hon. member for Houghton. I think that absolutely true to the principles of her party she presented her standpoint here today. I think we can accept that since she was a member of the United Party in previous years, her ideas are actually a very clear continuation of the ideas of the late Mr. Jan Hofmeyr. I want to tell her, however, that people in our world who think the way she does, in other words the so-called intellectual liberalists, have the basic problem that the more intensely they grapple with the problem of humanity, the more sketchy become the principles of their argument, so that they then come to light with a policy statement which is totally impractical and unrealistic in today’s world with its human problems. Another characteristic of the hon. member and her fellow-thinkers, is that they think they alone have a monopoly as far as absolute historical truth is concerned. She began her speech by saying, inter alia, that “enlightened people always regarded these Indians as a permanent group in the South African society”, or something in that line.

Business interrupted in accordance with Standing Order No. 23 and debate adjourned.

The House adjourned at 7 p.m.