u.n. memorandum -36-

15
U.N. MEMORANDUM -36- Th® _Native j-i'ind. and Trust Amendment Act; completes "the work of the LandActs and. seeks to further control labour tenants. It removes the obligation imposed on the Government by the 1936 Act to provide alternative land for squatters who are displaced. It will result in the uprooting of further large numbers of rural families. (f) (i) The Mixed Marriages Act makes illegal all marriages between Whites and members of any other Non-White groups. (ii) The Immorality Amendment Act makes illicit sexual relations between the Whites and the Non-Whites. Infringements are punishable by imprisonment. The last two mentioned Acts have already resulted in a number of domestic tragedies, breaking up long-established couples and families. (&) jCriminal laws jimendnent Act, known as the "Flogging Act", makes whipping for certain offences compulsory. (h) The Native building Workers' Act: prohibits African builders from building in any area proclaimed by the Minister. The Act could mean ruin for thousands of skilled and semi-skilled African artisans and independent craftsmen. The Act further provides for the Minister to make deter- minations fixing wage rates and states that the Minister "may make arrangements to provide for natives to be trained to perform skilled work of a nature and standard required for the construction of buildings for native use in native areas." (i) The Prevention of Illegal Squatting Act; makes it illegal for Africans to occupy any land "which they have no authority to occupy", even though they have the permission of the owner to be there. The effect of this Act will be to uproou thousands of homeless non-Whites who have long been occupying and paying for living space in both rural and urban areas. (j) Stock_ Limitation and Cattle-Culling Regulations; make impoverished African peasants even poorer by depriving them of their cattle and small stock. The way to improve African farming and stock-breeding methods Is to enlarge the peasants1 land and raise his economic status. The methods of the Native Affairs Department cf the Government can only reduce him to destitution. (k) The Bantu Authorities ^ct: seeks to set up dummy tribal councils for the Africans and to offer them instead of the full franchise, Government—controlled bodies which will make a pretence of giving them political representation. Under this Act, chiefs will be more than ever tame Civil Servants at the beck and call of the Government. Further, this Act tries to divide the African people tribally, and to break their unity in the face of oppression. This Act, in fact, merely provides machinery for some Africans to administer the system of oppression of their own people. It underlines the principle adopted generally throughout South Africa by successive White governments, of depriving the Africans, in perpetuity, of the right of franchise and of participation in the Government of the country. (1) The Natives (Urban Areas) ConsolidationAgtj. Also aimed at extending "control" over the movement of Africans. Described in July 1953, by Dr. W.M. Eiselen, ..../Union

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Page 1: U.N. MEMORANDUM -36-

U.N. MEMORANDUM -36-Th®_Native j-i'ind. and Trust Amendment Act; completes "thework of the LandActs and. seeks to further control

labour tenants. It removes the obligation imposed on the Government by the 1936 Act to provide alternative land for squatters who are displaced. It will result in the uprooting of further large numbers of rural families.(f) (i) The Mixed Marriages Act makes illegal all

marriages between Whites and members of any other Non-White groups.(ii) The Immorality Amendment Act makes illicit

sexual relations between the Whites and the Non-Whites. Infringements are punishable by imprisonment.

The last two mentioned Acts have already resulted in a number of domestic tragedies, breaking up long-established couples and families.

(&) jCriminal laws jimendnent Act, known as the "Flogging Act", makes whipping for certain offences compulsory.

(h) The Native building Workers' Act: prohibits African builders from building in any area proclaimed by the

Minister. The Act could mean ruin for thousands of skilled and semi-skilled African artisans and independent craftsmen.The Act further provides for the Minister to make deter­minations fixing wage rates and states that the Minister "may make arrangements to provide for natives to be trained to perform skilled work of a nature and standard required for the construction of buildings for native use in native areas."

(i) The Prevention of Illegal Squatting Act; makes it illegal for Africans to occupy any land "which they

have no authority to occupy", even though they have the permission of the owner to be there. The effect of this Act will be to uproou thousands of homeless non-Whites who have long been occupying and paying for living space in both rural and urban areas.(j) Stock_ Limitation and Cattle-Culling Regulations;

make impoverished African peasants even poorer by depriving them of their cattle and small stock. The way to improve African farming and stock-breeding methods Is to enlarge the peasants1 land and raise his economic status. The methods of the Native Affairs Department cf the Government can only reduce him to destitution.(k) The Bantu Authorities ^ct: seeks to set up dummy tribal

councils for the Africans and to offer them instead of the full franchise, Government—controlled bodies which will make a pretence of giving them political representation. Under this Act, chiefs will be more than ever tame Civil Servants at the beck and call of the Government. Further, this Act tries to divide the African people tribally, and to break their unity in the face of oppression. This Act, in fact, merely provides machinery for some Africans to administer the system of oppression of their own people.It underlines the principle adopted generally throughout South Africa by successive White governments, of depriving the Africans, in perpetuity, of the right of franchise and of participation in the Government of the country.(1) The Natives (Urban Areas) ConsolidationAgtj. Also

aimed at extending "control" over the movement of Africans. Described in July 1953, by Dr. W.M. Eiselen,

..../Union

Page 2: U.N. MEMORANDUM -36-

U.N. MEMORANDUM -37-Union Secretary for Native Affairs, as "the foundation of

s Native policy for the next twenty-five years", the Act is designed to force African labour from the urban areas to the farms and gold mines. "Native men make use of house-work at present as a useful way out to come to towns from the farms", said Dr. Eiselen. "Usually it is not long before they obtain other work (i.e. in industry - Ed.).He-Pointed out that^the "labour bureaux" established under this Act would eliminate this way of escape from work on the farms.

l^ws Against Asians: The Nationalist Government has passed a number of specific laws directed against the

Z? ?°™lunity in South Africa. Act 47 of 1948 amended 5 Land Tenure and IndianTtepresentation Act of

1946 (the famous "Ghetto Act") in such a way as to eliminate ®ven those wretched and unacceptable provisions for communal Parliamentary representation which had been inserted in the original Act as a sop to democratic opinion in South Africa and at the United Nations. Act 53 of 1949 further restricts the ownership and residential rights of Asians. The Act enables Government inspectors to enter the premises of Asian peoples - at any time. It also declares that "whenever in any proceedings under this Act, civil or criminal, it is alleged that any person is an A s i a t i c . such person shall be deemed to be an Asiatic unless the contrary is proved. A lurther and yet more onerous Asiatic Laws Amendment Act was passed in 1951. —----

3. The abovementioned laws discriminate specifically against• the Non-White population. It should, hoever, be borne in

mind that_innumerable other repressive laws (e,g, the Suppression o Communism Act, Customs Act, Population Registration Acts)

^^i^fstered in a manner which bears down most heavily on the Non-White peoples and further adds to their difficulties and resentment.

The same is true of the annual Budgets and a hcefc of other Parliamentary, Provincial and Municipal laws, ordinances and regulations.. Indeed, since the Non-Whites are the great majority^of the population it is clear that no important legislation could fail to touch their interests; and since they are without effective representation in the legislature, it is obvious that their interests must continually suffer.

Page 3: U.N. MEMORANDUM -36-

U.N. MEMORANDUM -38-SECTION SIX

9 SUPPRESSION OF OPPOSITION AND FREE SPEECH1. Repression Calls Forth Oppositiont Inevitably, the

discriminatory and repressive policy of the Nationalist Government has been met by steadily mounting opposition and

* resistance from the Non-White peoples of South Africa. TheAfrican, Indian and Coloured people are proud people, and will never willingly submit to slavery and degradation.

All attempts by the Non—Whites to place their grievances before the Government have been rejected. Expressions of their views by their leaders have been branded "agitation". Denied a say in their future and a voice in their Government and yet subjected to ever-increasing oppression, the Non-Whites have no alternative but to launch a campaign in defence of their rights. On June 26th, 1951, the African National Congress and the South African Indian Congress launched their campaign in defiance of unjust laws.

They stated clearly the principles which were the kernel of their political demands and their struggle for freedom:

"All people, irrespective of the national groups to which they belong, and irrespective of the colour of their skin, are entitled to live a full and free life on the basis of the' fullest equality. Pull democratic rights with a direct say in the affairs of the Government are the inalienable right of every

* South African - a right which must be realised nowif the country is to be saved from social chaos and tyranny and from the evils arising out of the existing denial of the franchise for the vast masses of the population on the grounds of race and colour,

The struggle which the national organisations ofthe Non-European people are conducting is not directed against any race cr national group, but against the unjust laws which keep in perpetual subjection and misery vast sections of the population. It is for the creation of conditions which will restore human dignity, equality and freedom to every South African."^he first phase of the Campaign consisted in bands of

selected volunteers deliberately and publicly flouting various apartheid measures and regulations„

In the six months oi this phase, which ended in December 1952, 8065 persons had served imprisonment for defying unjust laws. Volunteers went into action in Johannesburg, Port Elizabeth, East London, Queenstown, Grahamstown, Cape Town, Kingwilliamstown, Mafeking and Kimberley, Reef towns,Vereeniging, Durban and Bloemfontein and Pretoria.

The campaign spread from these bigger towns into thecountry, in such places as Peddie, Uitenhage, Jansenville,Fort Beaufort, Port Alfred, Alice, Paarl, Worcester, Ceres. Stellenbosch, Witbank and Bethal.

t 2. The Mailed Fist: The reaction of the Nationalist Govern­ment to this, as to all other manifestations of criticism

of and opposition and resistance to its wicked policy, has been one measure after another of Fascist suppression of the freedoms of speech and the press, of organisation and assembly.

The Suppression of Communism Act is one of the principal weapons used by the Malan Government in its drive to silence its opponents. The immediate effect of the Act was to render

,.../unlawful

Page 4: U.N. MEMORANDUM -36-

U.N. MEMORANDUM -39-unlawful the Communist Party of South Africa, which had existed since 1921. There can be no doubt that this suppression was motivated not only by the hostility of the Government to the philosophical and economic theories of this Party, but even more to the multi-racial character of its membership and its avowed aim of equality of rights for all.

In practice, the Act has been used against all manner of opponents and critics of the Government, irrespective of their ideology. A new crime has been created in South Africa - "statutory communism". Numerous leaders of the African and Indian Congresses have been subjected to bans under this notorious law, prohibiting them from participating in Congress or from attending gatherings of any description. Elected African representatives have been expelled, under this Act, from Parliament and the Cape Provincial Council; trade union officials ordered to re]irquish their positions and lose their livelihood; a weekly newspaper ("The Guardian") has been banned

Twenty foremost leaders of our Congresses, of the most varying political and philosophical outlooks, were convicted of "Communism" in December 1952, and sentenced to nine months imprisonment. The Judge stated that the accused were charged with "statutory communism" which, he pointed out, "has nothing to do with communism as it is commonly known”.

In sentencing African and Indian Congress leaders under an earlier case, the Magistrate said: "It is common knowledge that one of the aims of Communism is to break down race barriers and strive for equal rights for all sections of the people, and to do so without discrimination of race, colouror creed....The Union of South Africa, with its peculiarproblems created by a population overwhelmingly Non-European, is fertile ground for the dissemination of Communist propaganda This would endanger the survival of the Europeans and therefore legislation must be pursued with the object of suppressing Communism".

Thus, by this ruling of the Magistrate, anyone who advocates the ending of race discrimination is a Communist and liable to prosecution and a period of up to ten years imprisonment.

The African National Congress and the South African Indian Congress have maintained from the inception of the Suppression of Communism Act that it was promulgated to suppress all who oppose the rabid and fascist policies of the Government, and that under cover of fighting "conviunism" all democratic movements are to be destroyede

Over a hundred political books and magazines from overseas have been banned under the Customs Act. The publications come from many countries in Europe, Asia and America, including Britain and the U.S.A., China and the Soviet Union. Many of these relate to sport, culture„ etc,, and are deemed "objectionable" because they contain news and pictures of white and non-white persons fraternising„

The Nationalist Government prevents progressive South Africans visiting foreign countries by denying them passports. It refuses entry visas to foreign journalists and publicists who are unfavourably disposed towards apartheid. It has now refused, we understand, the right of entry to your Commission. It conducts incessant raids by the special (political) branch of the police on the offices of such organisations as the African National Congress, the South African Indian Congress, the Springbck Legion of Ex-Servicemen, the Congress of Democrats (an organisation cf progressive whites), the South African Peace Council and various youth organisations. The homes cf the members of these organisations are also raided in search of "evidence" of a number of political "crimes".

..../In February

Page 5: U.N. MEMORANDUM -36-

U.N. MEMORANDUM -40-In February 1953, the Malan Government, using the excuse

of the Defiance Campaign, although it had not been attended by a single act of violence on the part of the volunteers, secured the speedy enactment of two laws giving it sweeping dictatorial powers.

The "Public Safety" Law enables the Government, without recourse to either Parliament or the Courts, to declare "a state of emergency" and to suspend all existing laws and regulations, abrogate all civil rights, censor and muzzle the press, bar public assembly, search and confiscate property, establish concentration camps, and impose the death penalty.

'The Criminal Lav/ Amendment Act provides maximum penalties °f five years imprisonment, a -£500 fine, and fifteen strokes of the lash for any form of suonort of an action of protest against any law or of a campaign of resistance against the laws of the Union. The offer, solicitation or acceptance of financial_or other aid, either within or outside the country, for a resistance campaign, is also made punishable by the same penalties.

The President General of the African National Congress,Mr. A.J. Luthuli, warned the Minister of Justice on February 21st, that he "must expect to witness continued opposition in action to these Bills",3• No Surrender! The African National Congress and the South

African Indian Congress are profoundly confident in the justice of their cause and the certainty that the noble principles of democracy and human justice must ultimately triumph. We shall not be deterred by the threats of the Malan Government - the jailers of the South African people - nor shall we be provoked into indiscipline and anarchy by the terrorism and lawlessness of the police, the Native Affairs Department and other agencies of the White-dominated State.

The campaign of Defiance of Unjust Laws has gripped the imagination of the ordinary people of our country and fired them with inspiration and unconquerable determination. The Campaign will not end with individual acts of sacrifice by our devoted and heroic volunteers. It will broaden its scope and extent to include ever-widening masses. Whatever the lunatic theories of the race-obsessed rulers of South Africa, the truth is that society is an integrated economic unity.Without the co-operation of the Non-White majority the admini­stration and ordinary functioning of South Africa is impossible.

In this factor, increasingly in the corsciousness cf our people, lies the great weakness of the upholders of White supremacy and the great strength of our movement for national emancipation.

With clear conscience, and the knowledge that we are armed with lofty humanitarian principles common to all the great philosophies and religions of the world, we appeal to the men and women of our own country and indeed of all others, for that moral and practical support which will enable us to enter into the liberty and dignity which is the birthright of all men everywhere,

Page 6: U.N. MEMORANDUM -36-

U.N. MEMORANDUM -41-SEC I ION SEVEN

THE SOUTH AFRICAN GOVERNMENT AND

THE UNITED NATIONS CHARTER1. We submit that the facts and illustrations furnished on

the preceding pages_constitute incontrovertible evidence that the racial policy and actions of the Government <?f the Union of South Africa are patently in violation of the spirit and the letter of the Charter of the United Nations. Whether we regard the South African Government's actions separately or, indeed as they are, as part of a logical and consistent policy, we find that they are inconsistent with the affirmations, purposes, principles and rules of the United Nations as defined in the Charter, In particular:

2. We charge the Government of the Union of South Africa with violating the fundamental human rights of the ten million Non-White people of South Africa to participate in democratic self-government, and to share in the land and wealth of their motherland <,

3. We charge this Government with flagrantly overriding, rejecting and flouting the United Nations principle of the equal rights of these men and women without distinction as to race, sex, language or religion.

4. We charge this Government with crudely insulting and wounding the dignity and worth of these ten million human persons.

5. We charge this Gov-ernment with failing to fulful in good faith the obligations assumed by it in accordance with the Charter.

6. We charge this Government with blatantly and contemptuously infringing the fundamental freedoms of these people: freedom from fear and want; freedom of movement and organisation; freedom of speech and opinion; freedom to learn and develop their inherent capacities and talents.

7• We charge the South African Government with taking actions and following a policy which is a threat to peace.

8. We maintain that by its actions and policy as thus summarised the Gov erne»r'+ nf Union of South Africa violates the preamble of the Charter and Articles 1 (2 & 3), 2(2), 13(lb) and 55.

THE CHARTER AS A LEGALLY BINDING INSTRUMENT9. We uphold the view that, in respect of human rights, the

Charter of the United Nations is a legally binding instrument in international law. In his authoritative book "International Law and Human Rights", ProfessorH. Lauterpacht, Professor of International Law at the University of Cambridge, states:

"Any construction of the Charter according to which Members of the United Nations are, in law, entitled to disregard - and to violate - human rights and fundamental freedoms is destructive of both the legal and the moral authority of the Charter as a whole." (p.149)

If the words of the Charter on Human Rights have any meaning, then it is clear beyond argument that the Union Government has violated those rights. If the Charter as a whole has meaning and significance, as a treaty and as

o.../a law

Page 7: U.N. MEMORANDUM -36-

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a lav of nations, then it is clear that the Union Govern­ment must he branded as a treaty breaker and as a criminal Government,Again, to quote Professor Lauterpacht:

"A State would act contrary to its clear legal obligations under the Charter if it were to impose fresh discrimination on a religious, ethnical or racial group. And there would be no doubt a flagrant breach of its legal obligations if it were to embark upon active persecution of persons under its jurisdiction on account of their race, language or religion."(p.153).

The South African Government hae in the past invoked, and will no doubt continue to invoke Article 2(7) of the Charter relating to "natters which are essentially within the domestic jurisdiction of any Stated'We submit that the matter of the huma.i rights of the people of South Africa cannot bo regarded as a matter of essentially or exclusively domestic jurisdiction in view of the fact that the South African Government has entere'd into international agreaments concerning; these matters.Such agreements consist-in riot only previous undertakings made to the Government of India regarding the treatment of South Africans cf Indian origin, but above all, and in the first pl^ee. the United -Tations Charter itself regarded as a solemn international compact »_

"The provisions of the Charter - :.ts solemn and repeated provisions - in the matter of human rights would be rendered meaningless if Article 2, paragraph 7, were interpreted as excluding, for instance, the right of investigation and recommendation, What, in that case, would be the meaning of Article 62, paragraph 2, which lays down that the Economic and Social Council ‘may make recommendations for the purpose of promoting respect for, and observance of , human rights and fundamental freedoms for 9.1?.'? Article 2, paragraph 7. retains a sense and a purpose even if we consider it as not ^-eluding recommendations; Article 62, paragraph 2, retains no sense and no purpose if, by r e f - e /'r+icle 2, paragraph7, we exclude the right of recommendation."The interpretation which j.s nere submitted as the accurate interprdation of the Charter does not, in turn, reduce the categorical provision of Article 2, paragraph 7 r to a mere form of words. For although - on uhat construction - human rights and freedoms, having become the subject of a solemn international obligation and of one of the fundamental purposes of the Charter, are no longer a matter which is essentially within the domestic jurisdiction of the Members of the United nations, there still remain important questions which may remain within that category for ti.e reason that they have not been made as yet, the subject of international obligat3.ons

.Lauterpacht, op. cit. p.178.The South African Government "vad its spokesmen have repaatedly Themselves furnished evidence that their policy is by no means a matte-- of purely domestic

,.../concern.

MEMORANDUM -42-

Page 8: U.N. MEMORANDUM -36-

U.N. MEMORANDUM -43-concern. On a number of occasions South African Govern­ment representatives have expressed concern at the apparent concession of certain democratic rights to Africans elsewhere on the African continent, as in the case of the freeing of Dr. Nkrumah and the adoption of a new constitution for the Gold Coast.Dr. Malan himself made representations to the British Government to refuse to allow Seretse Khama to take his place as head of our neighbouring country, Bechuanaland, on the ground that Seretse Khama had married an English­woman. The doctrine of "domestic jurisdiction" did not. apparently, apply in that case.

12. For seven years the c;-\uct of tho South African Govern­ment with regard to its treatment of Non-Whites has occupied the attention of the United Nations. On 8th December 1946, the General Assembly . ,lopted a resolution stating that "the treatment of Indians in the Union should be in conformity with the international obligations under the agreement concluded between the two Governments and the relevant provisions : tho Charter *"On 14th May 1949, the General Assembly "invited the Governments of India. Pakistan and the Union of South Africa to enter into discussion at a round table conference taking into consideration the purposes and principles of the Charter of the United Nations and the Declaration of Human Rights".On 2nd December, the General Assembly resolved specifically "that a policy of 8racial segregation1 (apartheid) is necessarily based on doctrines of racial discrimination", and called upon the Union Government "in particular’* to refrain from "the implementation or enforcement of the provisions of the Group Areas Act",, pending the conclusion of negotiations with India and Pakistan.This call was ignored by the Union Government which was mentioned in the General Assembly resoHution of 12th January 1952, which noted "that the promulgation on 30th March 1951 of five proclamations under the Group Areas Act renders operative thereby the provisions of that Act in direct contravention of paragraph 3 of resolution 395(v) In this resolution the General Assembly once again stigma­tised apartheid and called upon the Malan Government "to suspend the implementation of enforcement of the provisions of the Group Areas Act pending the conclusion of the negotiations".At the end of 1952 the General Assembly once again had to consider the unsatisfactory conduct of the Union Government and decided to establish a commission "to study the racial situation in South Africa,"

13. In view of these numerous precedents we consider it no longer permissible for the South African Government to hide behind the wording of Article 2(7) of the Charter, which must be read in relation to the Charter as a whole and in particular to the repeated references to human rights.

14. We wish further to point out that the Charter is a legally binding instrument not only on the South African Government, but also on the United Nations as a whole, and on all the other members who have a solemn obli­gation to promote "universal respect for, and observance of, human rights and fundamental freedom for all without distinction as to race, sex, language, or religion", not only in their own countries but also in the Union of South Africa.. . „.,/l5

Page 9: U.N. MEMORANDUM -36-

U.N. MEMORANDUM -44-15. We submit that the notorious policy of the South African

% Government:- insults the majority of people in the world, who are non-White and cannot tolerate the reiterated slander of race inferiority;

* - leads to continuously worsening relations between our country and our neighbours in Africa, as well as our friends, the peoples of Asia;

- accentuates the physical differences between peoples and ignores the essential one-ness of mankind; and

- results in the interference of the South African Government in the internal affairs of neighbouring territories;

and tha.t therefore the racial policy of the Government of South Africa is a threat to world peace and international harmony.

16. On behalf of the overwhelming majority of the people of South Africa, the African National Congress and the South African Indian Congress claim and demand the fundamental human rights ofthe Non-White people of our country to equal rights as citizens and voters; to equal opportunities for economic and cultural development, to land and freedom.

* As South Africans, we love our country and wish to redeemit from the universal disrepute which its Government has incurred. As citizens of the world we uphold the principles enshrined in the United Nations Charter. As oppressed peoples we refuse to submit to bondage.

Page 10: U.N. MEMORANDUM -36-
Page 11: U.N. MEMORANDUM -36-

SOUTH AFRICAN INDIAN CONGRESS

C O N S T I T U T I O N

(1) NAIVEThe Organisation formed under these rules shall be known as

The South African Indian Congress and herein-after be referred to as the South African Indian Congress.

HEADQUARTERSEach Province shall in rotation have the Headquarters, provided

the Province entitled to Headquarters accepts the same.

(2) POLICYThe policy of the South African Indian Congress shall be non­

sectarian and non-partisan in the representation of the Indian community in South Africa.

(3) OBJECTSThe objects of the South African Indian Congress shall bes-

j(a) To unite and assist the constituent organisations in

carrying out the objects set in their respective constit­ution in so far as they are not inconsistent with the aforesaid policy.

(b) To provide for the policy of reciprocity as between the constituent organisations.

\

(c) To hold Conferences on matters of concern and interest to the Indian community as Indians and as South Africans.

(d) To improve the relations between Indians and Europeans and other communities and to promote friendliness between those resident in the Union.

(e) To co-operate as far as possible with other communities and organisations in matters affecting the interests of the people resident in the Union and elsewhere.

(f) To do all such other things as may be considered or conductive to attaining the above objects and to promote generally by all legitimate means the interests of Indians as South Africans and to be helpful to other peoples in the Union.

(4) CONSTITUTION The South African Indian Congress shall consist of :-(a) The Conference as herein-after constituted.(b) An Executive with Headquarters as provided in the

Constitution.(c) Provincial Congresses, Societies or Associations. District

Branches shall be subordinate to their Provincial Congress, Society or association.

/ ... - 2 -

Page 12: U.N. MEMORANDUM -36-

Constitution - 2 -

(5) membership

The constituent organisations of the South African Indian Congress shall be :-

(a) Cape Provincial Indian Assembly (with fifteen delegates).

(b) Transvaal Indian Congress.(c) Natal Indian Congress.(d) Organisations in Territories not mentioned above} Organis­

ations of Indians within any Territory not herein included may be admitted to membership on such teims and conditions as Conference may decide.

(6) CONFERENCE

There shall be constituted a Conference consisting

(a) Cape Province - Thirty (30) delegates;

00 Transvaal - Thirty (30) delegates;

(c) Natal - Thirty (30) delegates;

Conference shall decide the extent of representationto Territories subsequently admitted.

(7) ELECTION OF DELEGATESEach Provincial Congress or any Territorial Organisation,

Association or Society subsequently admitted, shall elect their own delegates.

(8) MEETINGS OF CONFERENCEUnless otherwise decided by the majority of the constituent

bodies, Conference shall meet annually in each Province in rotation, provided however if circumstances warrant it the Executive shall have the power to vary such venues, and shall open on such date as the Executive may decide.

(9) PRESIDENTA President shall be elected at eveiy Conference and shall hold

office until a successor is appointed by a succeeding Conference. In the event of a Distinguished Indian resident in India being elected President, the Congress shall elect a Deputy President.

Should a vacancy occur in the office of President such office ahal1 be filled for the unexpired period by the Executive.

(10) VICE-PRESIDEMTThe President of each constituent organisation shall ipso

facto become a Vice-President of the South African Indian Congress.

Page 13: U.N. MEMORANDUM -36-

Constitution - 3 -

(II) OTHER OFFICIALS(a) One or two Honorary General Secretaries and one or two

Joint Honorary Treasurers shall be elected at every Conference from the Province where the Headquarters is to be, and hold office until successors are appointed at a succeeding Conference. Should a vacancy occur in either of these offices, such office shall be filled for the unexpired period by the Executive.

(b) Until Conference otherwise resolves all other necessary officials may be appointed by the Executive.

(12) EXECUTIVE

(a) The Executive power of the South African Indian Congress shall be vested in the President, Deputy President if any, Vice-President, Honorary General Secretaries, Honorary Treasurers and the four Councillors from each of the Provinces elected by the Provincial bodies, and shall extend to the maintenance of this Constitution and the execution of the Resolutions passed by Conference, provid­ed the Executive shall not commit itself to any principle unless such principle be laid down in Conference or approved by all constituent bodies.

(b) The Secretaries shall convene a meeting of the Executive whenever requested in writing by a majority of the constituent bodies.

(13) QUORUMThat one third shall be considered a quorum for any Executive

meeting, provided that at least two Provinces are represented there­at, and provided seven days' telegraphic notice be given or fourteen days' notice under registered cover is given to all constituent organ­isations and their representatives on the Executive.

And that one third shall be considered a quorum for Conference, provided fourteen days' telegraphic notice be given and such notice be confirmed by registered letter or one month's notice under regist­ered cover is given to all constituent organisations.

(14) FINANCEThe South African Indian Congress shall be financed on the

following basis :—(a) Cape Province - £75 Per annum.(b) Transvaal - £150 per annum.(o) Natal - £150 per annum.The foregoing subscriptions shall be paid into the Headquarters

in one instalment on or before the 31st. March in each year.No Province shall unless Conference otherwise resolves be allow­

ed representation at Conference if six months in arrear with its instalments.

/ - 4 - -

Page 14: U.N. MEMORANDUM -36-

Constitution - 4 -

(15) LEVIESShould the provision made in rule No. 14 for finance during

the interim between the Conference be insufficient the Executive may with the approval of a majority of the Provinces, levy in the propor­tion of their subscriptions upon each Province as may be deemed necessary for adequately financing the South African Congress. Any levy so made shall be binding upon all Provinces.

(16) PROVINCIAL AUTONOMYThat in matters, solely and exclusively affecting Provincial

Organisations, such Provincial Organisation shall have the right to make representations to proper quarters.

(17) STANDING ORDERSThe Standing Orders of the South African Indian Congress shall

be taken as incorporated herein.

(18) AVIENDMEHT TO CONSTITUTIONNo alteration, amendment, deletion or addition to this

Constitution shall be made unless notice to the effect in writing shall have been despatched by a registered post to the Headquarters not less than one month previous to the date of the opening of Conference and subsequently approved by a majority vote of the Provinces represented at and voting in Conference.

Page 15: U.N. MEMORANDUM -36-

Collection Number: AD1812

RECORDS RELATING TO THE 'TREASON TRIAL' (REGINA vs F. ADAMS AND OTHERS ON CHARGE OF HIGH TREASON, ETC.), 1956 1961 TREASON TRIAL, 1956 1961

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