(With special reference to the Union of South Africa).

* y

Mr. A. H. Broeksma, Q- C.

The Number of Union Nationals.

At the present time there are approximately 15 million Union nationals

or citizens in the Union of South Africa.

The population incidence of this multi-racial state is roughly as

follows 5

Urban Rural Total

Whites 2,500,000 500,000 3,000,000Coloured 1,100,000 400,000 1,500,000Asians 450,000 50,000 500,000Africans 3,000,000 7,000-, 000 10,000,000

(Bantu) ______ ___ __________ ___________________

7,050,000 7,950,000 15,000,000

The Whites consist of two main groups, viz. the Afrikaans and English

speaking groups, to which must be added a number of smaller groups like the

Jews, Hollanders, Portuguese, Germans and others. The Whites total approxi­

mately 3 million. The Non-Whites also consist of a number of different groups,

viz. the Bantu, Coloured and Asian groups. The Bantu number approximately

10 million, but their linguistic divisions and differences in forms of social

life and codes make of them a group without complete homogeneity. In fact,

there are fundamental differences in general outlook between the (Kosa), (Zulu),

(Sotho, Tsonga, Venda), and (Tswana) groups. About 4 million of the Bantu

population are resident in Bantu rural areas and 3 million in the other rural

areas of the Union.

In the urban areas there are approximately 3 million Bantu. The Coloured

people comprise that section of the population of the Union not included in

the terms White, Indian, and Bantu. They include such groups as the Cape

Coloureds, the Griqua, the Cape Malays and other smaller groups.

The Coloured people number approximately 1,500,000 which includes

about 80,000 Cape Malays who are mainly concentrated in Cape Town and its

environs.

The Coloured people are distributed more or less as follows? Cape

Province 1,330,000| Transvaal 100,0005 Natal 50,000f Orange Free State 20,000.

The majority therefore live in the Cape Province and predominantly in the

Western Cape, with more than 300,000 concentrated in the Cape Peninsula. In

fact more than 50$ of the Coloured population is concentrated in only 12 of

the major towns and districts of the Cape* Those in the Transvaal mainly

live on the Witwatersrand and those in Natal in Durban. About 70/o of the

Coloured people live in urban areas. Apart from the ordinary rural areas,

some 50,000 live on Mission Stations and in Reserves.

The Indians number approximately 500,000s Natal 361,000 (Durban

alone 160,000); Johannesburg 22,000j Pietermaritzburg 16,000; Cape Town 8,000j

Port Elizabeth 4»000, and the balance are distributed in other towns and rural

areas. Of the total population of Durban, about 34$ is Indian, 30$ White

and 32$ African, so that 1he impact between the different groups is particularly

marked in this city.

The Union of South Africa comprises an extensive territorial area

with an enormous potential waiting for further development. Its population

of 15 million is comparatively small and would not be sufficient to populate

four fairly large European cities. Is it presumptuous to emphasise that there

are only 10 million Bantu, 3 million Whites, 1-J million Coloureds and ■§■ million

Indians in the Union, making a paltry 15 million altogether?

In what may be called the White Areas of the Union, there are approxi­

mately 6 million Bantu and 5 million Whites, Coloured and Indians.

It is with these 11 million Union citizens that thi3 paper is mainly

concerned. For the problem in this connection is*

(a) To what extent does responsible citizenship obtain amongst

these Union Nationals?

(b) Is it possible to promote the notion of responsible citizenship

to its fullest extent in the Union?

(c) If so, how?

2. Functions performed by Whites and Non-Whites in the Union.

Very few responsible persons will deny that both the Whites and

Non-Whites are part and parcel of our industrial, agricultural, mining,

domestic and general economic life. This is a realistic fact which cannot

be disputed. It simply exists.

While broadly speaking, the Whites supply the capital, technological

and other skills, such as skilled labour etc., the Non-Whites, again broadly

speaking, are engaged in unskilled and semi-skilled labour of a large variety

of kinds. The whole of the Union's present industrial, mining, agricultural

and eoonomic composition depends upon the joint contributions made by Whites

and Non-Whites in the production of material wealth and the necessities which

keep body and soul together.

This stark, naked, realistic factually existing situation which

impinges upon every aspect of the social, economic and political life of the

Union cannot be blurred or argued away. It is the result of 300 years of

progress, of historical and grand development and, if viewed in objective

perspective, presents a fascinating and gratifying picture of what can be

achieved by human endeavour.

Side by side with the material progress which has been made, there is

the splendid spectacle of educational, medical, housing and hospitalization

achievement to which the Whites have mainly and directly contributed in money

and the Non-Whites indirectly by means of the results of their labour.

This economic and social progress has continually and invariably

received powerful and dynamic incentive from the spiritual and moral leaders

of both Whites and Non-Whites.

Surely, looking back in retrospect, both Whites and Non-Whites have

much cause to be proud of and grateful for the development and progress to

which they, each in their own ways, have contributedl

3. Variations in Standard of Personal Development.

At this point, however, it is necessary to make a short analysis,

which can only be very general, of the standard of personal and individual

development, mentally, morally and spiritually^ which has been reached by

Whites and Non-Whites in the Union.

In this connection, it is advisable to remain mindful of the fact

that, generally speaking and accepting that there have been and will be

gratifying exceptions, the role played by environment and availability of

right opportunity must always have a powerful influence on the standard

of inner development attainable by the average individual citizen.

It is hardly necessary to emphasize that one has in mind mental,

moral and spiritual opportunities as fortified by adequate social and economic

conditions, such as housing and the opportunity to earn a living.

It follows naturally and logically that the average White citizen,

having had more and better opportunities all round, has reached, comparatively

and generally speaking, a higher degree of personal development than the

average Non-White citizen. The question may, however, be put (and one does

so with regret) whether such higher standard has, numerically speaking, been

achieved by as many White citizens as might have been reasonably expected.

A glance at the incidence of crime, immorality and excessive indulgence in

liquor, as well as the lack of an adequate standard of general discipline

and scholastic achievement - even amongst White citizens who have had ex­

ceptional opportunities - gives rise to great concern. Somehow they seem to

fall short of the standards demanded by the obligations of responsible citi­

zenship.

It also follows naturally and logically that the average Non-White

citizen, who it will readily be admitted, has not had the economic, social

and other advantages which the average White citizen has had, will, again

generally speaking, not yet have achieved a satisfactory and adequate degree

of personal development.

Numerous Non-Whites have attained High Achievement.

There is a perpetual dilemma, even in homogeneous States or Societies,

which invariably confronts sociologists, spiritual leaders and criminologists

and causes them much concern. It is the variable incidence of integrated

and adequate personalities as compared with the high proportion of inadequate

and disintegrated personalities in such homogeneous societies,

A fortiori - this dilemma will occur in a greater degree in a multi­

racial society.

However, by reason of his calling and experience in a variety of offices,

the writer hereof has had the opportunity and privilege of meeting and getting

to know a large and representative number of Coloured, Asian and African leaders,

teachers, businessmen, industrialists, farmers and other Non-White citizens in

various walks of life who have availed themselves of such educational and other

opportunities as have come their way, to make a success of their calling and

life.

One often wonders to what extent, if at all, there is sufficient recog­

nition and acknowledgement of the degree of human excellence which large

numbers of our fellow citizens, who fall in the Non-White category, have

attained.

If, in a world, of rapid social change, the emphasis on human excellence

and dignity is progressively becoming more pronounced, it is of the highest im­

portance that in a multi-racial State, such as ours, those qualities should also

receive due and timeous recognition.

Having, however, said so much, one is bound to add, with equal emphasis,

that it would be absurd not to recognise that a very large proportion of Non-

Whites has, unfortunately, not attained a satisfactory degree of personal develop­

ment. At the same time it would seem to be a fatal error not to distinguish

sufficiently between excellence and non-excellence, be the citizens White or Non-

White.

The Problem.

It is now necessary to attempt to answer the first question which arises,

vizs

To what extent does responsible citizenship obtain in the Union?

As has already been stated, there are roughly, in round figures, 15 million

Union nationals or citizens who belong to the Union of South Africa, of whom,

very approximately about 11 million are to be found in those portions of the

Union which are not part of the recognised Bantu territories.

Of these 11 million about 3 million are Whites. White men and women of

and above the age of 18 possess the Parliamentary franchise. But a substantial

proportion of the 3 million Whites consists of non-adults and otheiswho, for

some reason or other, have no voting rights.

Coloured males^^who conform to certain qualifications and have reached

the age of 21 years, may be registered as voters to elect four White representa­

tives in the Assembly and, in addition, are given some representation in the

Senate. As has been stated, there are approximately ijg million Coloured citi­

zens in the Union of whom a large proportion are women and children.

If the franchise is taken to be the acme of responsible citizenship, it

follows that the rights implicit in the notion of responsible citizenship are

exercisable by a portion of 4s million Whites and Coloured people and then only

in a qualified sense in so far as the latter are concerned. 10 million Bantu,

of whom 6 million in the white areas of the Union, and the Asians and Coloured

people outside the Cape Province have not, or will not in the near future, have

direct representation in the Union Parliament.

It does not, however, follow that those Non-Whites who do not possess the

franchise do not meet or are not capable of fulfilling the majority of obligations

attaching to responsible citizenship. Indeed, the overwhelming majority of the

Union's nationals or citizens, be they White or Non-White, are law-abiding and

peace-loving citizens.

(+) In the Cape Province. (++) These figures are approximate.

But is this passive or placid, attituder or lack of attitude, however

commendable or gratifying, the sole connotation which, it is intended, should

be given to the term "responsible citizenship”?

Surely the term implies not only obligations, but also rightssof

citizenship. It postulates both 1iie right and the obligation of obtaining

suitable representation in the Councils of State in order that the citizen's

interests and those of his depender.ts may be properly secured.

If, on account of his qualifications and excellence, he is desired by

his fellow-citizens to represent their and his own interests in municipal,

provincial or higher bodies, surely it is his duty to make himself so available

if it at all lies in his power.

It is however, no overstatement to submit that, at present at any rate,

such obligations and rights of full, responsible citizenship are not available

to the general body of Union citizens, however high and outstanding their

individual excellence and qualifications as citizens may otherwise be.

Is it incorrect to suggest that there are considerable cross-sections

of Non-White citizens whose aptitude and ripeness for the exercise of

responsible citizenship in the fullest sense of the term are as pronounced

and obvious as is their participation in the complex activities of our

industrial, social and economic life?

The vexed and awkward question however, iss

Is it possible to promote the notion of responsible citizenship

to its fullest extent in this multi-racial Union of ours?

6. Is there an alternative?

The answer to the question which has just been posed can only be in

positive form. In a world of rapid social change there can be no alternative.

Ways and means must simply be sought and found in order to satisfy what has

become an inexorable social and political requirement. Unless this is done,

the use of this particular term, viz. responsible citizenship, becomes com­

pletely meaningless and a charge of evasion or hypoorisy inevitable. It must,

however, be forthwith conceded that the difficulties and embarrassments which

beset our social and political leaders in this respect, are almost insurmount­

able. The prevailing political and general climate can hardly be said to be

encouraging and conducive to successful effort.

Our multi-racial society is diverse, the degree of civilization which

has "been reached hy the various races ranges from stark barbarism to pinnacles

of high endeavour; a complex variety of religious, cultural and social customs;

a diversity of mental, moral and spiritual standards; and the incidence of

abject poverty side by side with untold wealth; all contribute to create a

political climate which is so charged with emotional thunderstorms and con­

fusion of thought, that any effort, however well-intentioned in this respect,

is almost certainly doomed to failure* Indeed, serious and laudable attempts

to create a better atmosphere and to find new approaches which will bridge

the chasms existing between the component races of the Union are continuously

being made.

Political philosophies such as Guardianship, Partnership, Apartheid,

"Eiesoortige Ontwikkeling", Liberalism, etc., have been and are being invoked

in order to pave the way to such form of responsible citizenship as will

contribute to the maintenance of a stable and happy multi-racial society.

But we are living in a world of rapid social change. And has it not

become much later than we think?

Has the concept of Guardianship not become antiquated and obsolete,

may Partnership not be too leonine and vague; what exactly is the meaning of

Apartheid; and how far does "Eiesoortige Ontwikkeling" take us? To what extent

do these philosophies help to promote the notion of common responsible citizen­

ship in a multi-racial society which will inevitably continue to remain multi­

racial?

For his part, the writer hereof finds it impossible to see the wood for

the trees in this respect.

7. Is Reciprocal Trusteeship a possible answer?

One is inclined to assume that there must be deep and well-founded

anxiety amongst political and social philosophers in the Union at the thought

that there are hardly any channels of friendly and compassionate communication

and personal contact between the political leaders of the various races or

component units of our multi-racial society. Is it wrong to suggest that in

order to create a healthier and more promising climate for the promotion of

the notion of responsible citizenship, more effective methods of consultation

between the political leaders of 1he White and Non-White communities have

become matters of urgent necessity? Has there not been too much of an outmoded

tendency on the part of the Whites to assume the burdensome and impossible

task of Guardianship over wards who in many cases have attained mental, moral

and spiritual majority?

One realises that there are wards and wards. The differences in

personal development have already been emphasised. But in a world of rapid

BOCial change new philosophies and approaches “become imperative. And one

wonders whether a changed formulation (which probably can only be temporary and must be elastic) may not assist in promoting better contacts and better

understandings on a basis of self-respect which may lead to fuller self-

realization? One has in mind some practical and acceptable procedure which

will make "summit meetings" between White and Non-White leaders possible in

order that the manifold racial and other problems which affect our whole

multi-racial community may be discussed in an atmosphere of compassionate

understanding. The climate of the discussions would not then be on the basis

of Guardianship, but of reciprocal trusteeship.

Are we each other's keepers? Is there sufficient mutuality, sufficient

reciprocity, a sufficient realization of the obligations we, as members of

a multi-racial society, owe as race to race to see that nothing is daid or

done that will damage the interests of the other party?

The writer suggests with much diffidence, but with complete conviction,

that the philosophy of Guardianship has become, or is rapidly becoming, out­

moded. It may perhaps still hold good in backward communities (and then only

for a time), but it casts an impossible burden on the self-appointed Guardian?

leads to misguided and one-sided spoonfeeding efforts which will receive

no appreciation; and will not much longer be tolerated by those citizens who

are able and willing to assume the obligations of responsible citizenship in

the fullest sense of the word.

If, however, Non-White leaders are willing to accept the obligations

of Trusteeship in the highest and best sense of the word, i.e. to look after

the interests of the Whites as well as of the Non—Whites and were given this

opportunity by the White leaders, the notion of responsible citizenship may

probably receive a powerful incentive. Of course, it is of paramount import­

ance that this principle of Trusteeship and its reciprocal or mutual basis

shall be accepted by both Whites and Non-Whites in a spirit of complete trust

and integrity.

To meet the objection and critjdism, viz. that this approach is hare­

brained, naively optimistic and utterly impracticable, the writer has in

Annexure "A" hereto ventured to recount as a precedent the manner in which

the principle of Reciprocal Trusteeship was applied to a multi-racial problem

which had assumed critical dimensions some nineteen years ago. The result

was that what had appeared to be an insoluble situation at the outset, was

solved in a spirit of reciprocal goodwill to the entire satisfaction of all

reasonable persons concerned.

8. A South African Privy Council?

In 1938 when the clouds of war were gathering and the Union’s internal

problems were also gaining momentum* tho then Prime Minister instructed the

writer to draft a Bill to make provision for the creation of an Advisory

Council to the Cabinet, which the Prime Minister compared to something in the

nature of the Privy Council in Britain or the "Raad van Staten" in the

Netherlands. It was the Prime Minister's feeling that in the critical times

which were looming ahead, the Cabinet should have at its disposal an advisory

body of men of excellence and high standing, representatives of all important

walks of life in the South African community. The Cabinet would then be in

a position best to assess the temper of the nation and avail itself of the

advisers whose ripe experience and mature judgment would help to keep the

Ship of State on an even keel.

It was General Hertzog*s intention to secure the services of ex-Chief

Justices, ex-Ministers of the Crown, ex-Administrators and selected represent­

atives of important public bodies and organizations whose outstanding services

and experiences at the same time entitled them to the honour of becoming

members of the Council of State. In the course of our discussions, the

desirability of appointing outstanding Non-White leaders to the Council was

mooted and further developments in that direction were to be kept in mind.

In the writer's humble view, it was a tragedy that the events which

followed the outbreak of war in 1939> dissipated the Prime Minister's inten­

tions into thin air.

It was tho rapid march of events in a rapidly changing world which

made a brilliantly conceived constitutional innovation (in so far as the

Union was concerned) nothing more than a belated "Idea". The question now

arises — and it is put forward with great respect and humility — in view of

the rapid march of present-day events, may not the creation of a body selected

on similar lines as the late General Hertzog had in mind, be an important

step in stimulating the notion of responsible citizenship? If the recog­

nized leaders of Non—White opinion were invited to become members and to

attend from time to time "summit meetings" on the highest level, could any­

thing but good result? May it be suggested that the principle of Reciprocal

Trusteeship would then be applied in an atmosphere of mutual trust and

honesty of purpose?

The multi-racial character of the Union would be maintained and group

differences would be recognized, but on a basis of mutual and self-respect

which would gradually assist in directing the various racial groups to

self-realization and the acceptance and application of the notion of

responsible citizenship in the fullest sense of the word.

9, The Franchise.

Let there be clarity in respect of the notion of Responsible Citizen­

ship and the Franchise in a multi-racial State. The fact that the franchise

is an inescapable connotation of responsible citizenship cannot be miraged

away. The question arises, however? Can it at this moment of time, even

when events are marching forward with critical rapidity, be given in the wide

democratic sense, vizs universally? The question so put answers itself.

But once Representative Citizens, (men of high achievement and complete

integrity of character no matter what their colour, race or creed) have been

selected as members of the Union's Council of State (to give it a name),

a suitable answer to this very vexed problem will most certainly be found.

Be that as it may, the prime necessity is to find a procedure which will

bring together the recognized leaders of the different racial groups in

the Union together on a basis which will promote the notion of responsible

citizenship in its fullest significance.

Let such attempt take place on the highest level and not, at this

stage, on the common low level of universal enfranchisement which cannot and

will not work in the present state of our political climate.

One is reminded of a striking expression which recently was used in

one of the U.N.O. debates by a speaker who saids

"The situation is out of balance. Let us attempt to make

mind meet mind".

It is submitted that any attempt to promote the notion of responsible citi­

zenship in a multi-racial state such as ours, must take place in an atmos­

phere where Mind is likely to meet Mind, i.e. on the highest level and by

means of "Summit Talks".

The promotion of Responsible Citizenship is embarrassingly difficult,

but is it quite impossible?

10. Apologia

When the writer was approached to prepare a paper on the difficult sub­

ject of "Responsible Citizenship", he shrank from the task.

But on reflection he decided to regard the invitation as a high

compliment which could not he allowed to pass without humhle acknowledgement

At the same time he became deeply conscious that it was his duty to accept

the task as an example of what its discharge could he, vizs a venture in

responsible citizenship.

If he has, in the process of avoiding certain time-honoured platitudes

skated over thin, very thin ice, he apologizes and craves forgiveness.

But he has tried to present an objective picture of what he conceives

to be a factual position and to suggest a philosophical approach which ought

to work, if applied with courage and understanding. And if he has erred

by presenting an approach which on the face of it may sound puerile, naive,

impractical, super-idealistic or invoke any other epithet, his answer is

that he has erred in good company. For the thoughts expressed by him are

by no means original, and most of them germinated in the mind of a great

statesman, a bold and enlightened human being.

See Annexure

ANNEXURE "A"

CAN RECIPROCAL TRUSTEESHIP WORK?

IT DID 19 YEARS AGO.

It happened at a well-known seaside resort.

Parliament had adopted so-called Bathing Regulations which had "been

drafted by the municipal council concerned in collaboration with the Depart­

ment of Lands. The regulations purported to regulate sea-bathing by Whites

and Non-Whites and apportioned the sea for separate use by them.

The legality of the regulations was challenged by a Coloured person

on the ground that the apportionment was grossly unjust, the Non-Whites having

been given all the rocks and the Whites everything else. The matter was

taken to Court but postponed to enable the parties to arrive at a more

equitable apportionment. There is no doubt that if the matter had proceeded

to final judgment the Regulations would have been set aside and grave em­

barrassment caused to the White property owners and the hoteliers of the

resort. Economic, social and community welfare was at stake and the atmos­

phere was charged with emotion and colour prejudice on both sides.

■ u < . i t if, v t S i i X l * . ;• i.- i f t jr *•<*._, • •» -Acting upon a suggestion made by the Court, the responsible Minister

decided to attempt settlement of the dispute by negotiation.‘

A commission of three Whites and three Non-Whites was appointed. The

idea of Guardianship and Ward was specifically rejected and the commission

unanimously decided to conduct its investigations and hear witnesses on the

principle of Reciprocal Trusteeship and on the lines referred to in this paper.

Evidence was heard on an extensive scale. The moderation and under­

standing of the public importance of the issues involved displayed by both

Whites and Non-Whites was gratifying# At times grave situations arose but

on every occasion the principle in question was applied and in the end a

solution satisfactory to all was reached. A gentlemen’s agreement was

drafted} it was decided not to use the words "For Europeans Only" or "Non-

Europeans Only"} an Advisory Council of Coloured Persons was created in order

to advise and collaborate with the Town Council. The final result was that

the Non-Whites obtained an ideal camping site which was named "Harmony" and

in addition a fine picnicking site. By common agreement, separate bathing-

sites were apportioned on an equitable basis and it was finally decided that

in the circumstances no Statutory Regulations would need to be proclaimed.

<

«

This gentlemen's agreement persists to this day. The specific racial

groups have their own separate amenities.

The writer makes hold to say that any other approach to the problem,

whether on the principle of Guardianship, Partnership, Apartheid, "Eiesoortige

Ontwikkeling" or any other elusive principle would have failed to achieve

the result which was thus reached.

The principle of Trusteeship was clearly understood by the parties

concerned. It was accepted from the start that the intellectual, moral

and spiritual standing of both Whites and Non-Whites was to be regarded as

having an equal status. And it was also realized that very important White

property rights were in the balance. Thus by creating a climate of mutual

trust in which the self-respeot of all parties was at all times preserved,

a solution of a difficult problem was reached.

The outstanding and gratifying feature of the deliberations was the

spirit of selflessness and co-operation displayed by the Non-Whites together

with their sense of justice which was all the more striking as it had beeia

their side which had initially and admittedly been the victim of gross

injustice. The Non-Whites, citizens of the part from which the writer hails

at present, are great negotiators and alive to the interests of the Whites -

provided they are treated on a basis which does not detract from their self-

respect. All through they acted as Trustees of the interests of the Whites.

It is submitted that the approach in question directed the negotiations

into a direction which made the practical application of the principle of

Responsible Citizenship a matter of consummate ease.

Collection Number: AD1715

SOUTH AFRICAN INSTITUTE OF RACE RELATIONS (SAIRR), 1892-1974

PUBLISHER: Collection Funder:- Atlantic Philanthropies Foundation

Publisher:- Historical Papers Research Archive

Location:- Johannesburg

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