House of Assembly: Vol47 - SATURDAY 22 JANUARY 1944
Pursuant to Proclamation of His Excellency the Officer Administering the Government No. 218 dated the 22nd October, 1943, the members elected to serve in the House of Assembly met in the Assembly Chamber, Houses of Parliament, at
The CLERK of the House read the Proclamation.
The CLERK of the House announced:
- (1) That the following letters had been received from the Secretary to the Prime Minister.
- (a) Letter dated the 5th November, 1943, intimating that His Excellency the Officer Administering the Government would open Parliament at twelve o’clock noon today in the Senate House; and
- (b) Letter dated the 25th August, 1943, forwarding copy of Government Notice No. 3233, dated the 13th August, 1943, containing the names of persons declared duly elected as members of the House of Assembly;
- (2) that the Honourable Mr. Justice Centlivres had been authorised by a Commission from His Excellency the Officer Administering the Government to administer the Oath or Affirmation of Allegiance required to be made by members in conformity with the requirements of the fifty-first section of the South Africa Act; and that a letter had been received from the Clerk of the Provincial Council of Natal, dated the 19th November, 1943, intimating that the following members representing Natal constituencies had taken the Oath or Affirmation of Allegiance at a by-election for the Senate held at Pietermaritzburg on that date, viz.: Messrs. Abrahamson, Friend, Goldberg, Morris, Neate, Robertson, Col. O. L. Shearer, Dr. V. L. Shearer, Dr. Steenkamp, ’ Messrs. Sullivan and Wanless.
The Sergeant-at-Arms announced the Honourable Mr. Justice Centlivres, who was received by the members standing, and having taken his seat at the Table of the House, administered the Oath or Affirmation of Allegiance to the members presenting themselves and thereupon retired.
The House will now proceed to the election of a Speaker.
Mr. Kilpin, I have much pleasure in moving—
In doing so I should like to point out that the importance of this task which the House is now engaged upon cannot be overstressed as so much that is vital in our Parliamentary democratic system rests on the shoulders of Mr. Speaker. On the good choice of a Speaker depends the safeguarding of the traditional privileges of the House, the maintenance of its authority, the upholding of its dignity, and probably more important than all the rest, the protection of the rights of every member, and in particular the rights of minorities. This calls for certain essential qualities in a Speaker such as a sound knowledge of the principles underlying the rules and procedure of Parliament. He also must be a man animated by good feelings, by feelings of justice and impartiality. And he must have considerable tact and understanding of human nature, and, if I may say so, infinite patience. Mr. Van Coller is not new to this position. The House had the privilege of sitting under him as Deputy Speaker in the last session of the last Parliament. Moreover, he has had a legal training and he has before him the high example which has been set by a previous speaker who represented Queenstown in the Old Cape House. With these few words I confidently recommend Mr. Van Coller to take the Chair of this House as Speaker, knowing that he will follow in the illustrious footsteps of one of his predecessors of long years ago.
Mr. Kilpin, I second the motion of the hon. member for Von Brandis (Mr. Higgerty), and in doing so I wish to say that I feel the House is going to make a very happy choice. Mr. Van Coller last session proved that he enjoyed the confidence of the House, and the competent manner in which he acquitted himself of his difficult task leaves us in no duobt that he will fill his post with dignity and ability. I associate myself with everything my hon. friend has said about him, and I repeat that we are absolutely confident that he will carry out his duties with dignity. He is thoroughly bilingual and he is a man of great patience and tolerance—characteristics which I think are essential in a Speaker. For these reasons, Mr. Kilpin, I feel the House would be well advised in appointing Mr. Van Coller as Speaker.
Are there any further nominations? Does the honourable member submit himself to the House?
I submit myself to the House, Mr. Kilpin, with a deep sense of the honour which it is about to confer upon me. Unfortunately I am succeeding a Speaker who is justly regarded and probably always will be regarded as one of the greatest Speakers who has filled the Chair of this House with so much dignity. His rulings and his judgments have merited respect from both sides of the House, and not only have they merited respect but they have actually been quoted far beyond the boundaries of this Union itself. I shall try in my humble way to follow in his footsteps. I shall try to the utmost of my ability to serve Parliament, to uphold its high traditions, and protect the rights of minorities. In doing so I feel that I can rely on the willing co-operation, support and assistance, of both sides of the House; which are so very essential if the Speaker is to make a success of the task which is allotted to him.
Mr. Higgerty and Mr. Friend conducted Mr. Van Coller to the Chair.
Before taking the Chair I wish to express my grateful thanks for the high honour the House has been pleased to confer upon me.
Mr. Speaker, on behalf of the House I wish to congratulate you sincerely on the honour bestowed upon you in your election to the post of Speaker. It is a great honour, it is an outstanding and distinct honour for anyone to be unanimously elected as Speaker of this House. That honour has been bestowed upon you and we all feel that it has been rightly and properly bestowed upon you. You have now been called to a post, the duties of which you fully appreciate. You, as an old member of this House, are familiar with our customs and practices, with our rights and duties— nobody realises the duties and rights of the members of this House more than you do, and you have been elected today as the man who is to maintain and uphold those duties and rights of members on both sides of the House. We are convinced that the position may safely be placed in your hands, and that you will occupy your post with dignity, and that the choice which this House has unanimously made today will be borne out in every respect by the experience of days to come. On behalf of this House I sincerely congratulate you and I desire to voice our best wishes for the future.
I, too, wish on behalf of this side of the House to add my sincere congratulations to those already given expression to by the Prime Minister. It is a custom, it is an old custom of this House, and of other Houses of Parliament too, for the Speaker to be elected from the ranks of the governing party. That custom we on this side of the House accept, and it is for that reason that no nomination has been made for the Speakership from this side of the House. We on this side of the House constitute the minority party and it is only as such that we have a more particular interest in the election of the person who has to act as Speaker. I can say on my own behalf, and on behalf of this side of the House, that in view of the fact that the selection has been made from the ranks of the Government Party in accordance with existing usage, we are satisfied with the selection that has been made. For that reason we are able to join in the congratulations that have been expressed to you, Mr. Speaker. As I have said, we constitute the minority party in this House, and you, Mr. Speaker, are no new-comer to this House. For many years you have represented an important constituency and you have as such become familiar with the customs of this House, you are familiar with the Rules and Orders of this House, not only theoretically, but also practically, and that knowledge is of great value to you in giving guidance to the House from Mr. Speaker’s Chair. For that reason we have full confidence in your impartiality. It has been said that Mr. Speaker also acts as the protector of the rights of the minorities in this House. That being so, we feel that no better choice could have been made from the ranks of the Government Party. The position occupied by Mr. Speaker is a difficult one, not merely so far as his work in this House is concerned, but his position generally in the country is difficult, particularly in regard to his own constituents. It is unfortunately a fact that anyone elected to the Speakership has to be a Member of Parliament. He has to take part in general elections when such elections are held, and unfortunately time and again when he has to take part in an election he has to declare his political views. While he is in the Speaker’s Chair he is expected to keep himself outside and above party politics, but he is continually forced by his position as a Member of Parliament to let it be known which political party he belongs to. This renders his position extremely difficult. I have before this expressed my personal view on this point, and I wish it were possible for the law to be so amended as to make it competent for Parliament to elect someone to the Speaker’s Chair who is not a Member of Parliament, but who has had Parliamentary experience. Or, if he is a Member of Parliament, and if he is elected, he should be able to resign as a Member of Parliament so that his constituency might be given the opportunity of being represented in the same way as other constituencies on the floor of this House. I only want to mention this in passing. In spite, however, of the difficult position in which Mr. Speaker finds himself, I feel that the House throughout its existence has been fortunate in having had Speakers in this Chair who have been worthy of the confidence and who have deserved the confidence of all sides of the House. We feel sure this also applies to you, Mr. Speaker, and for that reason we heartily congratulate you from this side of the House.
As one who has sat under quite a number of Speakers, of some of whom I have somewhat unhappy recollections …
Probably deserved
Unquestionably deserved, but none the less effective. Still, of many of them — the majority of them, I have very happy recollections, and I want most heartily to congratulate you, Mr. Van Coller, on having earned the confidence of this House. I anticipate that, sitting under you guidance — your wise guidance — my recollections in days to come will be of the happiest. I do not anticipate having to leave this Chamber under a cloud — as on occasions I have had to do in the past. No, sir, I have no reason to anticipate anything of the sort under your guidance. I want to assure you of my personal loyalty and that of my Party, and wish you, sir, a very happy term of office, long to be continued.
I cannot let this occasion pass without expressing in a few words the pleasure that I feel, both on public grounds and on private grounds at the succession to the high office to which you have just been elected. It is an occasion on which everybody passes through a test the most qualified member of the House to occupy that very high office, and the fact that you have been unanimously chosen is irrefutable testimony to the record which you have established and to the faith that every member of the House has in your ability. May I say that it is unnecessary for me to stress the different points of duty and of opportunity which fall to your high office, as not only has that been expressed before in very adequate language, but the terms—the very graceful terms—in which you have submitted yourself to the House, show that your appreciation of that is absolutely what everyone could desire. I was very appreciative of your reference to your immediate predecessor, and in associating myself with your testimony, your very high testimony of the manner in which he discharged his office, I was also interested in the reference which the hon. the Leader of the Opposition made to the office, and to the succession to that office. May I say that I should welcome very sincerely indeed the establishment of a precedent in the Parliament of the Union of South Africa, which would place once and for all and under all circumstances the office of Speaker of the House of Assembly far beyond any party politics or any party vote of any sort, kind or description. But it is something which is a matter occasioning very deep thought and occasioning, too, the acceptance of obligations not only by individuals but by parties and by organisations with the seal of approval not only of Parliament as a whole, but of the country as a whole, that the high office of Speaker shall be absolutely dissociated, once the Speaker is elected, from all party politics, which means an act of abnegation on the part of the gentleman himself, and the co-operation and the loyal adherence to that of all parties; indeed, that we may in the future attain to the establishment of such a precedent. But now let me express my personal feelings towards you. We have been associated in Parliament for many years, and I can only say that I look back to every hour of that association with the greatest pleasure, and it is a happy incident of your election that you come from that part of the Union of South Africa which has been so long and so notably associated with many historic movements which have had their origin in that part of the Union. May you have the happiness and health which your high office requires and you personally deserve.
I again desire to thank the House for the honour it has conferred upon me and for the good wishes which have been expressed from all sides of the House. They have touched me very deeply, and I appreciate them very sincerely.
Business suspended at 10.45 a.m. and resumed at 11.45 a.m.
I have to report that after the House had suspended business this morning, I proceeded to Government House accompanied by my proposer and seconder, Ministers of State for the Union and other honourable members of the House, where we were received by His Excellency the Right Honourable N. J. de Wet, Officer Administering the Government, to whom I presented myself pursuant to the Standing Orders of the House. His Excellency then congratulated me in His Majesty’s name as well as in his own name.
Mr. SPEAKER and the members proceeded to the Senate House to attend the ceremony of the opening of Parliament, and on their return,
Mr. SPEAKER took the Chair and read prayers.
Mr. SPEAKER laid upon the Table:
Mr. SPEAKER appointed the Prime Minister and Dr. Malan a Committee to assist Mr. Speaker in regard to the printing of the House.
Mr. SPEAKER appointed the following members to constitute, with Mr. Speaker, the Committee on Standing Rules and Orders, viz.: The Prime Minister, the Minister of Finance, the Minister of Agriculture and Forestry, the Minister of Mines, the Minister of Labour, Dr. Malan, Mr. J. G. Strydom, Mr. Higgerty, Mr. Naudé and Mr. Sauer.
I report that the House this day has attended the ceremony of the opening of Parliament, and that His Excellency the Officer Administering the Government was pleased to deliver an Opening Speech to both Houses of Parliament, of which, for greater accuracy, I have received a copy, as follows:
Mr. President and Members of the Senate:
Mr. Speaker and Members of the House of Assembly:
Since the last meeting of Parliament the Union has sustained a great loss in the death of His Excellency Sir Patrick Duncan. His record of public service was a notable one and South Africa is very much the poorer for his passing.
While there is reason to rejoice in the improvement in the general war situation and to be grateful in particular for the fact that the enemy has been expelled finally from the African continent, my Ministers are profoundly conscious of the greatness of the task still to be achieved and of the intensity of the stuggle now being waged and still to be waged. South Africa has played a worthy part in that struggle, and this is an appropriate occasion to express appreciation to all who have made it possible, men and women, Europeans and non-Europeans, on active service and on the home front. As in the past so in the future South Africa will continue to play its part until the victorious end.
The Union’s relations with her Allies and with neutral States continue to be most cordial. During the past year there has been the fullest co-operation among members of the United Nations both in the prosecution of the war and in dealing with the various problems and tasks that have arisen therefrom. Increasing attention has been given to questions of postwar international collaboration. With these deliberations South Africa has been associated. In particular it has been represented at the important Conferences on food and agriculture and on the relief and rehabilitation of territories liberated from enemy control.
While the internal economy of the Union has been affected by the pressure of almost four-and-a-half years of a world conflict, it has been fortunate in escaping the worst consequences of war. Public expenditure has risen steeply, there have been shortages of supplies, more especially imported goods, difficulties have arisen in the distribution of foodstuffs, and increases in prices as well as the cost of living have taken place. A great deal of success has however been attained in the measures taken to combat these tendencies and in many respects the domestic situation is not unfavourable, especially in view of the dislocation of the world’s economic life. It has remained possible to secure at least the minimum supplies of necessary requirements in order to maintain industrial activity and to provide for the people’s essential needs.
Considerable difficulty is being experienced in the maintenance of transport. In view of the strain on the Railways and shortages in rolling stock and road transport, it has become necessary to limit and rationalise the use and prolong the life of the available transport facilities. It is anticipated that, with the co-operation of the public, these steps will have the effect of maintaining the country’s economic activities on a war footing.
The gold mining industry has been faced with many problems as a result of rising costs, difficulties of supply and the shortage of native labour. This has resulted in a substantial decline in mining development and in the output of gold. The industry continues, however, to be of fundamental importance in the financial and economic structure of the Union and for the maintenance of its war effort.
The world demand for diamonds, especially industrial diamonds, has continued to increase, and in consequence diamond mining has been resumed at Kimberley after a long period of inactivity.
The Union’s coal mines have also been called upon to meet increasing requirements and every endeavour is being made to expand an output which is of great importance to the Allied war effort.
Agricultural conditions have on the whole been satisfactory. During the past year there was a substantial increase in food production which, especially in view of shortages of fertilisers, farm implements and labour, represented a notable achievement by the Union’s farmers. In view, however of the special problems which are created in the Union from time to time by the vicissitudes of nature, the production and the conservation of food supplies require, and continue to receive, close attention. At the same time special consideration is being given to the problem of soil conservation and the protection of the Union’s natural agricultural resources. The nation’s growing consciousness of the need for concerted action to safeguard its greatest national asset, the soil, is cordially welcomed and even in present abnormal conditions steps are being taken to deal with this important matter.
While my Ministers accept it as their primary task to ensure that South Africa’s contribution to the winning of the war will be as complete and effective as possible, they are fully conscious of the urgency of their duty in respect both of making proper provision for our soldiers as they return and of advancing the social standards of the community as a whole. They recognise also that the stimulation of South Africa’s economic development on sound lines is an essential condition of the due performance of this task.
To these conceptions expression has been given in the constitution of the new Ministries of Welfare and Demobilisation and of Economic Development. The third new Ministry, that of Transport, has also an important contribution to make to the Union’s economic progress. The consequent reorganisation of Ministerial functions necessitates the taking of legislative action with a view to the proper functioning of the new Ministries. Proposals to this end will be laid before you.
The Committee on Social Security which was appointed last year has now submitted its reports, which will be laid on the tables of both Houses together with a covering report of the Social and Economic Planning Council. The National Health Services Commission has made good progress with its work, and will, it is anticipated, soon be in a position to report. My Ministers have been giving, and will continue to give, the most careful consideration to the steps to be taken in the direction of the implementation of the proposals made and to be made in respect of these most important matters.
In the meantime the expansion of our social and health services which has been taking place in recent years has continued, and this will be reflected in the increased financial provision which you will be asked to make.
The question of the supply and distribution of food has, in the circumstances of our times, become a matter of increasing difficulty. My Ministers, after full investigation of all aspects of the problem, have decided to appoint a Controller of Food Supplies, who will function under the Minister of Agriculture and Forestry. His organisation will, however, be distinct from that of the Department of Agriculture and Forestry.
During the course of last year a Commission was appointed to investigate the special problems in connection with the question of meat supplies, the marketing of livestock and the fixing of prices. My Ministers have decided to accept its main recommendations, which will be laid before you.
Bills will be submitted to you to consolidate the Land Bank Acts and also to consolidate and amend the law in regard to Customs and the law relating to Magistrates’ Courts. You will further be asked to consider, among other measures, a Bill dealing with the development of the fishing industry, a Bill to provide for the civil employment of persons who have rendered military or other war service, a further Bill dealing with the employment or re-employment of such persons in the Public Service or the Service of the Railways and Harbours Administration, and also a Bill to amend certain laws relating to the administration of Native Affairs.
Mr. Speaker and Members of the House of Assembly:
Mr. President and Members of the Senate:
Mr. Speaker and Members of the House of Assembly.
In His Majesty’s name I now declare this the First Session of the Ninth Parliament of the Union to be duly opened.
Late Sir Patrick Duncan.
I move, as an unopposed motion.
And this House resolves to place on record its high appreciation of his outstanding gifts as a man and a statesman, his great services and his contribution to the advance of South Africa during a long and distinguished public career in the Transvaal prior to Union, in the movement towards Union, as a member of this House and a Minister of the Crown and as the first South African citizen to become Governor-General of the Union.
And this House further resolves that an expression of its sincere and deep sympathy be conveyed to Lady Duncan and the other members of his family.
Sir Patrick Duncan passed away since the last meeting of Parliament after a long and painful illness. His loss to this country cannot be exaggerated, not only because of his high position in the land, but also, and more particularly, because of his high character and his great services to this country. Himself personally, modest and reserved, he never courted the limelight, and indeed avoided publicity with a painful anxiety. Simplicity and integrity were the keynotes of his character; but perhaps on that, very account his contribution to our public life has been all the more challenging. No one questioned his sincerity or singleness of mind and so he built up a correspondingly significant position in our public life. I know of more than one critical occasion When his influence proved decisive in matters of high public policy and contributed in great measure to racial peace and harmony, and to the public welfare. And so, almost inevitably and I may say almost by universal consent, he was selected by His Majesty for the highest position in this land. He came to us as one of a band of brilliant young men at the end of the South African war. Many of them became distinguished in numerous walks of life. One became editor of the London Times for almost a lifetime, and as such exercised great influence in international affairs. Another became a great banker, a financial authority of world wide reputation. Another became a foremost industrialist. Still another became a famous author, and finally Governor-General of a sister dominion. One, perhaps the most lovable of all, became a great ambassador to the United States of America. One still lives to inspire the world with ideas of world government and religion. I refer only to some of the band who served South Africa in their day. I am not sure, Mr. Speaker, that Sir Patrick Duncan was not the greatest of them all. He alone remained with us and struck his roots here in this land of ours and made it his home and the land of his children. He enriched and ennobled our public life in a way and to a degree which entitles him to the lasting gratitude of South Africa. Scotsmen have made a notable contribution to the development of the spiritual, political and economic up-building of South Africa; among them all Patrick Duncan stands preeminent not only in position but also in service. South Africa is proud of him and grateful for that service. I beg to move.
I second and wish to associate myself with what the Rt. Hon. the Prime Minister has said in connection with the death of the late Governor-General. It is said in the motion that his death is a loss to South Africa. I wish to associate myself with that. If there is one matter which is of particular importance more especially to this side of the House and which we shall always remember in connection with the late Sir Patrick Duncan, it is that his appointment as Governor-General constituted an important step forward so far as the position of South Africa was concerned, namely this, that, so far as the Dominions were concerned which used to be ruled direct from England and which subsequently received self-government from England, he was the first South African to have occupied the position of Governor-General, and who was appointed as the Head of this State in that capacity. There are parts of South Africa which used to be Republics and it is self evident that so far as those Republics were concerned the Head of the State, there used to be not only a man who was a South African, but a man born in South Africa. But as far as the rest of South Africa is concerned, I can only recollect one instance of a Head of State being appointed here who was a born South African. This was in the days of the East India Company, and the instance I am referring to was that of Swellengrebel. But Swellengrebel’s position was really less significant as he was appointed in the days of the East India Company and he was appointed not so much as the Head of the State but more in the capacity of an official. We can take it, therefore, that Sir Patrick Duncan in respect of the territories of which I am speaking, although he was not a born South African, was none the less the first South African to be appointed as Head of the State. As such his appointment was an important step forward for South Africa. It was an important step forward in this respect, that he as a South African, was appointed to occupy this high post. That fact will always be remembered in connection with Sir Patrick Duncan. What we shall also always remember in connection with him are his personal characteristics one of which I should like to mention here, namely that in the execution of his duties, above all, he was thoroughly conscientious. I do not think anyone ever coming into touch with him could have come to any other conclusion. Many of us differed from him in the days when he was still a Member of Parliament, but everyone of us recognises that he has carried out his duties conscientiously. Another characteristic he had was that he was able, that he was particularly able, to see the other man’s point of view. This fact contributed tremendously to his being acceptable to the various sections of the community when he received the distinction of being appointed Governor-General of South Africa.
Motion agreed to unanimously, all the members standing.
On the motion of the Prime Minister, the House adjourned at