Passive Resistance 1946 - A Selection of Documents compiled by E.S. Reddy & Fatima Meer - 1946-Press Reports on the Campaign

From the book: Passive Resistance 1946 - A Selection of Documents compiled by E.S. Reddy & Fatima Meer

1946

NIC Meeting, Curries Fountain, Durban

There was a large gathering at the Curries Fountain Sports Ground on Sunday afternoon when the Natal Indian Congress held its mass meeting to explain to the Indian people the implications of the proposed legislation to "control" Indians in Natal and the Transvaal.

The pavilion was packed and a large number of people occupied the large grass verge. Dr Naicker said, "lam the descendent of indentured labourers and I have the right to live wherever I want to." (Cheers)

George Singh said, "The proposed measure would strangulate the Indian economically. It sounded the economic death-knell of every Indian — and whether rich or poor. The Pegging Act affected everybody."

Dr Goonam, commenting on the non-attendance of women, hoped that the time would soon come when Indian women in South Africa would join with the men in the struggle for the Indian people. General Smuts had introduced this legislation to strangle the Indian people even while he claimed to be an international statesman. The Indian people were, however, determined to come to no undignified terms with the Government.

If the Government failed to stay the Bill and convene a Round Table Conference, the NIC would send its delegation on to India, said Mr. E.I. Moolla. In the meantime, the Indian in South Africa should make it clear in no unambiguous terms that they would struggle tooth and nail against the measure.

Mr. A.I. Meer pointed out that General Smuts had said that urban would remain a white man's city. "Today, after three years, has boldly stated that not only Durban, but also the whole of Natal, must be for Europeans only. He has been able to do so because the Indian people lacked efficient organisation against the Pegging Act."

The Indian Community today is facing the gravest crisis in the history of its existence in this country over the last 86 years," said Mr. M.D. Naidoo.

"How is the Indian community going to fight?" That was a question which the whole Indian community had to answer.

Resolution No.2 of the Seventh Session of the South African Indian Congress, Cape Town, 12 February 1946

Resolution on the report of the Deputation that waited on the Prime Minister

This Conference of the South African Indian Congress, after having heard the report of the deputation that waited on the Prime Minister, expresses its grievous disappointment at his refusal to abandon the proposed legislation and to convene a Round Table Conference between India and South Africa.

This Conference interprets this refusal as the very negation of the principle of solving human problems by negotiations and mutual discussions and as indicating a legislative design of repressing the Indian community and settling its fate at the altar of political expediency and sacrificing it to appease extreme white reactionaries in this country.

The legislation dealing with land tenure and communal representation to be introduced by the Prime Minister, which is totally unacceptable is an insult to the national honour and dignity of the Indian nation.

This Conference of the South African Indian Congress, having regard to the Prime Minister's refusal, resolves to mobilise all the resources of the Indian people in this country in order to take every measure possible to secure the lapsing of the Pegging Act and to oppose the proposed legislation of the Government by:

1. Sending a deputation to India:

a) To urge upon the Government of India the convening of a Round Table Conference between the Governments of India and South Africa;

(b) Failing which to request the Government of India

(i) To withdraw the office of its High Commissioner in South Africa;

ii) To apply economic sanctions against South Africa;

(c) To carry out a campaign of propaganda in India to secure the fullest support of India's millions

d) To invite Indian leaders to come to South Africa

2. Sending deputation to America, Britain and other parts of the world;

3. Proceeding immediately to prepare the Indian people of South Africa for a concerted and prolonged resistance, the details of which this Conference instructs its Executive to prepare for submission and acti

the action to its Constituent bodies.

Mass Meeting of NIC, Curries Fountain

The following resolutions were passed at the mass meeting held at Curries Fountain, Durban, under the auspices of the Natal Indian Congress on Sunday:

• • Proposed Asiatic Land Tenure Bill

This mass meeting of Indians is firmly convinced that the Union Government's proposed Natal Asiatic Land Tenure Bill is a fascist measure based on Hitler's "herrenvolk" theory and is designed to suppress the legitimate economic and social progress of the disenfranchised Indian community of Natal and that it is a threat to human peace and security and constitutes an indisputable violation of the United Nations Charter, showing a blatant disregard for "human rights" and the "fundamental freedoms" embodied in Article 1 of the Charter. This meeting, therefore, appeals to the United Nations Organisation to summon South Africa to explain its treatment of its Indian minority before the Security Council. Further, this meeting instructs the Committee of the Natal Indian Congress:

To intensify the mass campaign launched by Congress with particular attention to the planning of mass resistance in some effective form.

To call upon the national movements of the other oppressed peoples of South Africa to intensify their struggles for democratic rights.

c. To send delegations to America and Europe with the

object of drawing the attention of democratic world opinion to the fascist tendencies of the South African Government.

d. To explore the possibilities of and take the lead in tilt formation of a World Organisation of colonial and oppressed peoples.

Franchise

This mass meeting affirms its determination never to accept the communal franchise, which is incompatible with democratic representation and which is being considered by the Government as a mere "red herring" to divert the attention of the Indian people just as the Broome Commission was intended to divert attention from the "Pegging" Bill. Further, this meeting expresses its unqualified support for the Natal Indian Congress demand as submitted to the Prime Minister on 9 November 1945,

•  Delegation to India

A resolution was also passed on sending a delegation to India to acquaint Indian public opinion of events in South Africa. Messrs M.D. Naidoo, A.I. Meer and Parekh were appoint

Dr Dadoo campaigns in the Transvaal

Johannesburg, Wednesday: Dr Dadoo, assisted by Mr. I. C. Mr. and J.N. Singh, has launched a powerful campaign in the Transvaal with the purpose of informing the masses of the implications dangers of the anti-Indian Bill. From Pretoria to Standerton, Heidelberg to Middleburg, with the cry, "The Bill", "The Bill", Bill", he has aroused the enthusiasm of Indians. Everywhere heartily and enthusiastically received. In less than a fortnight less than fifteen successful meetings were held, including Benoni Krugersdorp, Alexandria and Gandhi Hall.

Transvaal rallies to the struggle

Johannesburg, Thursday: The two weeks of intensive campaign throughout the Transvaal culminated in a monster protest meeting at the Natal Spruit Sports Ground on 17 March. Men, women and children from every part of Transvaal responded to the call of the leaders of the Transvaal Indian Congress and voiced their protest, crystallised in the slogans: "Down with the Ghetto Bill"; "Down with Smuts"; "Down with Compromise"; "Long live Resistance".

Dr Dadoo, Chairman of the Transvaal Indian Congress, amid cheers, before a crowd of more than 5 000, declared: "At this juncture, when the tide of nationalism is rising fast in the Far East, General Smuts has seemed to think it fit to introduce his fascist legislation designed to appease the white herrenvolk and to segregate the Indians into ghettos and locations.

Durban

Indian women are rallying to the struggle against the Ghetto Bill". On Sunday last, for the first time in their history in this country, Indian women subjected the proposed law to a close analysis, and then condemned it roundly.

"We want our share of this fair country. It is big enough in accommodate us all. We Indian women have to fight for our very life now. Our lot is not just to stay at home and cook. We have to help our menfolk," declared Dr Goonam, who was one of the of the meeting which was held at the Gandhi Library under the auspices of the Natal Indian Congress,

"South Africa is by no means a democratic country. It is a tyrannical white man's country," said Miss Fatima Meer, She added, "The Europeans consider Indian women to be at such a law level the and to be so ignorant that we are not given the vote. That indicates that they count us at zero."

Mrs. R. Jithoo was elected chairman and Miss Rathamoney Padayachy, Secretary, to carry on and further the work begun at the meeting. Mrs. Jithoo presided. Speaking in Tamil, Mrs. P.S. Pillay said that the women's share in the forthcoming struggle should be four times that of the men. No matter the sacrifice required, the Indian people must put up a determined struggle, said Mrs. N.P. Desai, who spoke in Gujarati. Passive Resistance might be something new here but its value had already been tested, she said.

Fatima Meer

"We have tried to point out to the white man of this country that we, as human beings, are just as good as them, but they have always tried to make us believe that we are their inferiors and that we should not enjoy the same rights and privileges as they do," declared Miss Fatima Meer. In the war that had just been fought, she went on, South Africa and General Smuts had stood out as the champions of Democracy, but in its internal affairs, the country and its Prime Minister were the very reverse. General Smuts had included the representation provision in the Bill in order to meet the criticism which was being levelled abroad against South Africa. It had, in fact, no substance in it. The communal franchise was like a wax doll placed in the hands of a woman who was told that it was a real live baby. It would not work. "It is merely a farce."

While the Europeans had adult suffrage, the Indian was given a heavily loaded communal franchise. A white hobo or tramp could vole without restrictions, but the Indian had to be saddled with restrictions. Miss Meer pointed out the futility of three representatives arguing in a House which had already made up its mind. They would probably be given a hearing. Some might yawn and sleep, while others might leave the House. At voting time they would line up solidly against any proposal made by these "Indian representatives". The franchise was designed because Smuts wanted to appear democratic and to avoid India's Intervention. The Indian could not accept this form of franchise. They paid rates and taxes on the same basis as the Europeans, but they receive very little in return. The Europeans did not want the Indians to progress. They would rather that the Indians lived eddied in the slums. They would rather that there be no Indians in South Africa, she said.

Dr Goonam

Speaking subsequently, Dr Goonam said that if the Indian had been represented in Parliament, General Smuts would not be having his own way". That was one reason why the Indian wanted the franchise on the common roll. There was also no one better fitted to represent the Indians.

Johannesburg

Indian women have been roused on the Rand, too, and than 500 took part in the recent protest march from the Natal Spruit ground to the Johannesburg City Hall.

"I want to declare from this platform, on behalf of my Indian sisters, that we are determined to see that we will be in the forefront of any resistance movement launched by our national organisation declared Miss Aswat at a meeting held at Gandhi Hall top against the Ghetto Bill. "We shall act in the true spirit of the days of Mahatma Gandhi, when all of us, men and women, Hindus, Moslems and Christians, fought together against oppression."

Miss Aswat is the daughter of an old Passive Resister

Durban students protest against Bill

Indian students of Durban lined up in the struggle against Ghetto Bill when, at a students' meeting on Sunday last, they declared themselves against the measure.

The meeting condemned the Bill as fascist in design and recognised the duty of students in the fight of the community against in justice and tyranny.

Mr. H.A. Seedat, a student at the Natal University College who presided, declared that this was the first time in the hit the Indian community that students had met to denounce if issue which confronted the Indian community.

"This gives you an indication of the extent to which the Government oppresses you," he said.

If the Indian community were to enjoy any future in South Africa, the Herrenvolk mentality of the white man had to be destroyed.

Dealing with the communal franchise and its implications, Mr. P.S. Tewarie declared that taxation without representation was tyranny. Indians, he said, were taxed on the same basis as the white people, but in return for their taxes they received oppression. The denial of the franchise to the Indian was neither democratic nor Christian.

"The franchise, as offered to the Indian people, is only a face-saving device by General Smuts at the bar of world opinion. If you do not like to live in ghettos, then awake from your political slumber."

"We are forced to take part in the political struggle of our people," declared Miss Jessie Waghmarae, who is a student at the Durban Indian Girls' High School. "The Government forces us into this position. We cannot study with these things piling on us."

Degrees and honours would be of no value if the people were driven to live in ghettos, declared Mr. M. Naicker (of the Indian Technical Institute). Students, therefore, had to take an active part in the coming struggle.

The ruling class of the country was driving the students into the struggle, and they could not do otherwise than shoulder their responsibility.

Miss Fatima Meer , a student at the Durban Indian Girls' High School, said that the Indians had been brought to Natal for its economic development. "As a matter of fact they begged us to come," she said.

Originally the Indians had been well treated, but when the colony had been put on its feet, there was anti-Indian agitation.

She recounted briefly the history of the Indian people, referring to the Smuts-Gandhi Agreement, the Class Areas Bill and the Areas Reservation Act.

"We, the Indian students of Durban, are ready. We pledge our fullest support to the Natal Indian Congress till justice is vindicated." A second resolution called upon parents to give their fullest support to the Passive Resistance struggle and to allow their sons and daughters the fullest opportunity to play their part in the hour of national crisis.

Expulsion threat to Schoolgirls

Because they "took part in politics" some students at the Durban Indian Girls' High School have been threatened with expulsion. It is held against them that they participated in a women's meeting to protest against the "Ghetto Bill", as it was at the time; spoke at the mass meeting and demonstrated with the Natal Indian Congress on 31 March against the same measure; and subsequently helped to organise a students' protest meeting in Durban. All this has been done outside of school hours. "I understand," writes a Leader reporter, "that one of the girls who figured prominently at these meetings was as to, by the headmistress to give an undertaking that she would not in future attend any political meetings or participate in politics general' but her father has refused to allow her to do this. He feels that outside of school hours, the time is the girl's own." Cynical criticism this has been made by a number of people who were told of this has been the Royal family visits South Africa next year, the same headmistress will probably see to it, on the inevitable school holiday for the occasion that all the girls line up wherever the procession will take place and wave little Union Jacks and cheer lustily. That would be patriotism but to cry out in agony against an unjust system is to take part politics," it was stated. The Empire is built on a remarkably well planned system of education designed to maintain it.

•Fatima Meer

General Smuts seeks men to the Advisory Board

It was the Government's intention to proceed with the appointment of the Indian Advisory Council, and he was at the moment trying to get the right personnel together, said General Smuts in the Her. Assembly today. The Coloured Advisory Council which operated the Cape had proved a great success and he hoped the Indian Advisory Council would be equally successful, said General Smuts, who was answering a question asked by Mr. W.D. Brink. (HNP, Christiana)

NIC warns against participation on Advisory Board

The Passive Resistance Council has drawn the attention of the people who have dealings with the Asiatic Land Tenure Board that their action only cuts across the Resistance Movement in Durban and also across the case which India will present to UNO. In the "course appeal to those who have approached the Board, the distance Council states that it would be in the best interests of the community if they were, even at this hour, to abandon any dealings with the Board.

Advisory Boards rejected

Indian community will receive the proposal by the Prime Minister of an Advisory Board matters relating to the Indian community with a mixed feeling of disappointment and dissatisfaction, said Mr. S.R. Naidoo, in the course of an interview. Mr. Naidoo, who was a member of the Natal Indian Judicial Commission and of the Colonisation Committee, added: "Coming as it does immediately after the UN decision, it savours of bad grace."

"We have had no such Boards before. These Boards are purely advisory and not administrative," said Dr G.M. Naicker, President of the Natal Indian Congress. "The Government is trying to evade the real issue by establishing an Advisory Board. We do not want Advisory Boards. The coloured people were opposed to the sell up of the Coloured Advisory Board from the very outset," said' L.A. Smith, a member of the African People's Organisation." Government, without consultations, appointed members of the African People's Organisation to act on the Coloured Advisory Board imposed it upon us. Realising the uselessness of such a Board, Dr. Gan, the first President of the Coloured Advisory Board, resigned. Then the Government appointed Mr. Golding, who formed the Coloured People's National Organisation. By the formation of such a Board the Government was trying to sidestep direct representation for coloureds. The Natal Indian Congress and the Indian people' not accept general Smuts' proposal for the establishment of ante-Advisory Board," Mr. M.D. Naidoo, Joint Secretary of the Indian Congress declared. Continuing, Mr. Naidoo said, "It is an attempt side-track the decision of the UNO, which was against racial discrimination in South Africa. They do not touch the fundamental issues created by the colour bar in the economic, political and social life of the Indian people. Inequalities that exist in all these spheres of life will continue." Referring to the Native Representative Council and the Coloured Advisory Council, Mr. Naidoo said that experience of two bodies had taught the non-Europeans that their advice was only accepted when it suited the purpose of the Government, but no real endeavour had ever been made to take any serious steps eradicating the basic problems that affected the lives of non-Europeans.

Mr. P.R. Pather declared, "The announcement made by the Prime Minister that he has decided to appoint an Indian Advisory Board is an attempt by the Government to evade the present issue. The Union Government cannot hope to placate the Indian community either by appointing an Advisory Board or by giving them some concessions.

Resistance declared by Passive Resistance Councils

In pursuance of the SAIC resolution passed in Cape Town to launch a concerted and prolonged resistance against the "Ghetto" Bill delegated by the SAIC Executive to the constituent bodies for implementation, the Natal and Transvaal Indian Congress have decided unanimously at huge mass meetings to oppose the Bill by a campaign of passive resistance, states the joint statement issued by Passive Resistance Councils of the Transvaal and Natal Indian Congress.

This joint meeting has resolved to call upon all Indians in South Africa to observe a day of Hartal as soon as the Governor-General gives his assent to the "Ghetto" Bill. On this "Resistance Day" businessmen will close their shops, children will not attend school and meetings will be held throughout South Africa. On the day after. Passive Resistance will have begun.

"The Joint Council appeals to all Indians, no matter where they are, in India, Kenya and every part of the globe, to protest on Resistance Day" against the Union Government and pledge their sympathy and support to the Passive Resistors and the Indian people of South Africa in their struggle against injustice and intolerance.

"Even at this late hour, the Joint Council makes a final appeal to the members of the Senate, the Government of the Union and the Governor-General, to desist from passing the "Ghetto" Act. If this appeal is ignored, the Joint Council will have no alternative but to launch the Passive Resistance campaign as decided and planned."

Resistance Struggle will open on 13 June — "Ghetto Act" now law of Land

After a midnight telephone conversation with the Transvaal Passive Resistance Council, the Natal Council decided to declare Thursday, 13 June as "Hartal Day". The Natal Indian Congress appeals to all businessmen to close their establishments on that day; and to all Indian parents not to send their children to school on that day.

It advises all Indian workers who cannot get the day off to remain at work and not to jeopardise their jobs by any hasty action.

The first people who will break discriminatory laws will be a group of Indian women from the Transvaal, who will cross the Natal borders without permits and court arrest. More details of the Passive Resistance Campaign in Natal have been prepared and will be acted upon as the occasion arises. No details are being divulged because the work of the NIC may thus be forestalled.

The decision to hold "Hartal Day" on 13 June was arrived at in order to give the Indian people in East Africa a chance to organise sympathy meetings. A message has been received from India that the National Congress will call an "African Day" to demonstrate sympathy with the. oppressed people.

The Natal Indian Congress has decided that 13 June will be recognised as "Hartal Day" as a mark of protest against the Asiatic Land Tenure and Indian Representation Act, which became law on Monday last, and will also mark the beginning of the struggle against the unjust laws of South Africa. The Governor-General's assent has sealed the fate of the Indian community. "The Union Government "as stubbornly proceeded with its plans to legislate on fascist lines. 'Prime Minister Smuts hailed internationally as a leader of "democratic" thought has demonstrated once again the deep conflict between his Pronouncements for world approbation and his "adherence to reality" in South Africa. "By one sweeping measure, the 'Ghetto Act' puts an end to all economic, social and cultural advancement. It treats all Indians as sub-humans and helots. It is a measure based on the Nazi theory of herrenvolk'. A stigma of inferiority is imposed upon all Asiatics constituting a challenge to the peoples of Asia."

Indians observe Day of Mourning — "Ghetto Act" brings Protest

Thursday, 13 June — that day will go down in the annals of the Indian people of this country as a National Day of Mourning for on that day, they recorded their pain and their protest against the rule of tyranny exercised over them in the land of their birth and in the only land they will ever know. They used the only mettle available to them when they declared it "Hartal Day". The response was magnificent; petty individual interests gave way to the larger national interest. Durban was dead on Thursday — the Indian quarter bore an atmosphere of quietness associated with Sundays. There was no activity anywhere, and except for one or two large cafes, all Indian premises of business were closed. The cafes, however, closed after lunch. Congress officials were gratified, as was the rest of the community at the manner in which attempts to divide the community were given the lie by members of the mercantile community who closed their places of business.

Maritzburg supports Passive Resistance

"The inevitable has happened. The Tenure Bill has been passed against the whole Indian community of South Africa. The passing of the Bill is cause for sorrow, deep sorrow," declared Dr M.R.Peters at the "Hartal" meeting held in the H.Y.M.A. Hall in Maritzburg Thursday evening.

Mr. B.A. Maharaj said that in the heart of every India feels that he should live freely there is an echo of resistance against the Tenure Law.

Mr. S.B. Mungal referred to the fight "at two fronts”, against the Government and against the merchant. Mr. M. D. Vather, who said that the merchants were not to be blamed for the present food prices, interrupted his remarks. After other speakers, including Mr. F. Satyapal, the meeting adopted a resolution supporting the passive resistance struggle. Maritzburg's response to close stores was excellent General dealers's premises, both at the top and bottom ends,' closed for the day. Schools had practically full attendances. Indian businesses at the market were as usual until one o'clock, when they too, closed. Offices of professional men were also closed. One had a note on his door: "Closed on account of Prayer Day".

Women defy the Provincial Barrier

The first laws to be broken were the Inter-Provincial restrictions between Natal and Transvaal when a group of Indian women boarded the fast mail on Wednesday afternoon and arrived in Durban at nine o'clock on Thursday, without permits.

They are Mrs. Meenatchie Sigamoney Nayagar, treasurer of the Indian Women's Service League, Pretoria; Miss Zohra Bhayat of the Transvaal Indian Volunteer Corps; Miss ZainabAsvat, a medical student at Wits, and chairman of the Indian Youth Volunteer Corps, Johannesburg; Mrs. Amina Pahad, Johannesburg; Miss Zubeida Patel and Mrs. Chella Pillay also of Johannesburg and all members of the Transvaal Indian Volunteer Corps, Women's Branch.

They have come to Natal to join in opening the Passive Resistance Movement. When a Leader representative spoke to them on Thursday morning at the Durban station, they all had a determined look in their faces even though they appeared to be on the small side. What they lacked in size, they made up in determination.

"I suppose I have been fired," said Miss Asvat, of Wits, when asked by the Leader reporter what would happen to her studies.

From the station they dispersed and met again in the evening at Red Square for the meeting.

First group of Resisters defy the Ghetto Act

A little before eight o'clock on Thursday evening, a number of people, among them six women, entered and took up "residence" in tents, which had been pitched earlier in the day on a piece of municipal land at the intersection of Umbilo Road and Gale Street, about forty minutes walking distance from the centre of the city- and the first shots had been fired in the second Passive Resistance struggle to be called in South Africa in under half-a-century.

The women are Miss Zainab Asvat, Miss Zohra Bhayat, Amina Pahad, Mrs. Zubeida Patel all of Johannesburg, Mrs. Lakshmi Govender and Mrs. Veeramah Pather, all of Durban. The men are Dr G.M. Naicker, President of the Natal Indian Congress, Mr. M.D. Naidoo Secretary of the NIC, and Messrs R.G. Premlall, V. Patrick, V. S Chetty, P. Poonsamy, Shaikh Mohammed, R.A. Pillay, Abbai Soobramoney T.J. Vasi, S. Abdul Kader, M.N. Govender. These people will remain on the municipal premises until such time as they are arrested. This is the first step and as development takes place, the struggle will unfold and take shape and the volunteers are determined that there is no going back for them, however hard the way. Earlier in the evening, there had been a steady stream of people heading for Red Square where one of the biggest congregations ever to assemble, heard speakers tell their story which led up to the decision. It was a monster meeting which marked at the same time, a beginning and an end — the end of a day of inactivity — symbol of national mourning and the beginning of resistance. When the meeting finally began at six o'clock, there were thousands of eager, up-turned, expectant faces glistening under the floodlights.

They listened to the speakers who showed them away out of the morass and a way out of the mass of restrictions which were imposed on them because they were men of colour. After the meeting the crowd formed itself into a procession and marched four deep to the spot where the tents had been pitched, and when under a rising moon, the resisters had been safely quartered in their tents, the people marched away. From then on it was the duty of the authorities Debi Singh, who presided at the meeting, said that the occasion was a momentous one and that it would go down as historic in the annals of this country.

"The Indian people of South Africa have chosen the path of resistance and the path of struggle to maintain their honour and dignity in South Africa and of that of India. I am proud to stand here this evening and tell you that there are a very significant few who think that there should not be any resistance."

White Hooligans attack Registers

Dr G.M. Naicker, Chairman of the NIC Passive Resistance Council, made a statement on events in Durban on Monday night to The Leader. He said:

"About 50 guards were posted by the Passive Resisters to guard their camp. At about 8.30 a large number of European youths were seen walking on the outskirts of the camp. At about 8.45, about 100 of them came rushing from the trees nearby where they had congregated. The guards were instructed to hold them back by forming a cordon arm-to arm. The attackers broke through and pulled down all the tents ad took them away and tore them. They took some blankets allows with them. Two European police and about two African constables were on duty. Many more were present a few minutes before the attack and a van arrived a minute or two after the attack. The attackers came back to take away a tent they had pulled down at the first attack. The police who had arrived did nothing to stop the attackers at all. The guards and volunteers put all their goods inside and the ladies and the guards formed a strong cordon. The attackers came back and tried to go through, but the guard was stronger on this occasion. More police arrived, including the Chief. No attempts were made by the police to stop vulgar words and remarks of all sorts by the attackers. They tried to provoke the guards, but failed.

One of them caught hold of Mr. M.D. Naidoo's shirt and shook him, saying, "You! You!" They waited till 1 am. and then went away

During the first raid on the tents, one of them deliberately kicked two ladies and one male. Lastly, they indicated that they would continue every night. Some police appeared to be very friendly with some of the youths who attacked the camp. These are the facts of what actually happened that night.

The First Patients

The first patients at the camp were Mrs. Veeramah Pather- the 60 year-old Resister who saw service with Gandhi in the country's first Passive Resistance Campaign, who was injured by a falling tent when the Europeans raided the camp on Sunday night—Miss Zainab Asvat and Mrs. Amina Pahad.

Mrs. Pahad and Miss Asvat stayed on at the camp, but the two medicos in the camp, Naicker and Dadoo, insisted that Granite' Pather should go home. It was not her courage that was against her but her age. Both Miss Asvat and Mrs. Pahad were injured when tents fell in the course of Sunday night's raid.

Report on Meeting held on the Resistance Plot, Gale Street

Following Sunday's raid in Durban, a meeting was called the Passive Resistance Council on Monday evening at the Camp to explain to the people what had happened. Despite the hour of the meeting and the distance of the venue from town, about 1 500 people attended. No permission was sought from the City Council to hold the meeting.

Dr Naicker told the meeting: "These raids ... open the eyes of the civilised world to the intolerance and intolerable conditions under which Indians and other non-Europeans have to live in this so-called democratic land ... The battle has begun and we are now face to face with the forces of prejudice and intolerance. The Passive Resisters' tents in Durban have been repeatedly raided and wrecked by Europeans and the Passive Resistance Campaign against the Ghetto Act gains weight with each new Act against it. I am proud to say that not only the volunteers, but also those who were visiting us, observed the code of non-violence. Even Mahatma Gandhi could not have grumbled at the behaviour of the Resistors under the circumstances."

After the raid, Dr Naicker had asked the women volunteers to leave the camp for the night, but they insisted on staying, despite the fact they had no cover. Instead of going to comfort and warm beds the women said: "No our place is here." (Cheers)

"We are proud of these women who are prepared to stay with us."

Dr Naicker warned the Indian people not to use violence no matter how great the provocation. The use of violence was contrary to the Passive Resisters' Code.

"I appeal to you on no account to use violence. We can expect this thing regularly, but for every one tent they take down we have ten more ready." (Applause)

Dr Naicker again emphasised that the struggle was not directed against individual Europeans but against an unjust system. All that the Indian people had asked for was democratic rights, no more and no less.

"To use violence requires no courage. To use violence against defenceless people, including women, also needs no courage at all," he said.

Mrs. Lakshmi Govender, speaking in Tamil, said that today they had taken their tents away; tomorrow there would be a more permanent structure. They would be put up as fast as they were taken down.

Amid laughter, Mrs. Govender said: "They came like flying ants; our tents flew away."

Miss Asvat, who presented a Gandhi cap to Dr Dadoo, addressed a special word to all the men present at the meeting. She asked them to encourage their women-folk to take more and more interest in the campaign.

She said, "The incidents of Sunday and Monday night, the Passive Resister's camp was attacked by bands of about 30 and 100 Europeans respectively, demonstrates more effectively than any propaganda on our part, the attitude of mind of a section of white South Africa

"It is this prejudice, this intolerance and this colour-madness of a section of white South Africans that has been responsible for those attacks on an unarmed and defenceless band of 9 women and 11 men who were no hindrance or obstruction to any civilians in the vicinity. These defenceless and unarmed non-violent Resisters haw, been subjected to raids for three consecutive nights where they have been assaulted and their property either damaged or carried away and the Resisters left shelterless to spend the nights in the cold. “

"These raids, these assaults and deliberate damage and destruction of property by the upholders of white civilisation will not deter us. It only gives added impetus to our movement. It opens the eyes of the civilised world to the intolerance and intolerable conditions under which Indians and other non-Europeans have to live in this so-called democratic land. This is an example in miniature, of the type of treatment meted out to 250 000 voteless and voiceless Indian well as to the rest of the non-Europeans in South Africa generally.”

"This is the attitude that has been responsible for the enactment of the hundred-and-one discriminatory legislations against us die the past 80 years since we settled in this country. The raids the assaults, and the damage to property carried on against us are the best things that could have happened under the circumstances to help our movement."

"The police inactivity in not arresting us was a source of worry to us. Now things have livened up. The battle has begun and we are face to face with the forces of prejudice and intolerance."

"We are in it now and we shall face it to the bitter no matter what happens. You have heard of what has happens this makes us all the more determined to carry on, and we shall carry on. If sacrifice we must, then sacrifice we shall, no in what happens. We propose that we win them over and make see the justice of our cause by our very suffering and our sacrifice not by hatred or malice. That is why we refuse to retaliate in the face of strongest provocation. We ask the people of South Africa, black as well as white to take note of what is happening."

"We ask every member of the ruling race to search their consciences and find an answer to the question whether all is well with the country in their treatment of people of colour. Is this treatment in keeping with the tenets of their religion, their civilisation and the ideals of democracy for which they, in comradeship with other dark races, fought a terrible war only recently? They must search their consciences deeply, and with sincerity, find an answer that will do justice to their claims of a super civilisation."

"To the Indian public of South Africa, we make an earnest appeal not to get excited over what has happened, but to observe the strictest calm for that is the very essence of this passive struggle."

Women's meeting at Avalon Theatre

The spirit of resistance manifested in the present struggle was destined to change the course of the history of Indian people in South Africa, declared Miss ZainabAsvat, a Passive Resister who had been arrested the previous night and released later, when she addressed a inhering of about 800 Indian women at the Avalon on Theatre on Sunday. "Let us then pledge," she said, "that we shall continue the task which we have undertaken. We have sown the seed of our struggle; let not perish; let us water it with our heart's blood. Let us pledge:

'Long live Resistance!'"

After the meeting, five women, among them three Moslems, joined the Resistance Group.

"Never before have Indian women shown so much courage," she said.

"Our's is a glorious legacy and we have reason to be proud of the role we have so far played. We will continue to play our part until our rights are vindicated."

"The Prime Minister, General Smuts," Miss Asvat said, "had provided the stimulus for concerted resistance by passing the "Ghetto Act and the Indian people had struck for freedom."

"Let us then pledge that we shall continue the task we have undertaken, undaunted and unflinching, until we have defeated tyranny and injustice."

The Reverend Michael Scott, of Johannesburg, said that the Asiatic Land Tenure Act was one of the most unjust and degrading laws ever passed by any country which claimed to be democratic For the last 20 years liberal-minded people had given warnings of the various Governments of South Africa against similar measures

The Indian people, Mr. Scott continued, had no choice in the law. It had been summarily imposed on them.

The Land Tenure Act, said Mr. B. Sischy, Secretary of the Council for Asiatic Rights, of Johannesburg, had been designed to push the Indians into locations and specified areas in much the saw manner as the African people in this country.

"By undertaking Passive Resistance, the Indian people had shown that they were fully aware of the implications of the Ghetto Act.

Speaking in Tamil, Mrs. Veeramah Father, who took part the Passive Resistance at the time of Gandhi, said that though individuals would disappear from the mortal scene, the struggle would go on

The Transvaal and the Natal Indian Congress had taken a momentous decision, and it behoved all Indian women to support the struggle said Miss Khatija Mayet, who spoke in Urdu.

She explained at length the Hartal Day and the events which had led to it, the implications of the "Ghetto Act" and the importance of the fight against segregation.

The Indian people were virtually at war with the South African Government, declared Dr K. Goonam. They were not fighting again any Europeans.

Miss Zohra Meer said that the implications of the Act would be felt in the course of years.

An African woman who sought permission to address the gathering of Indian women spoke in Zulu. She declared that the hearts of all black people of South Africa went to the Indians in their significant against the Government.

About £35 was collected in cash and over £80 in I.O.U's the Resistance Movement.

Six Resistance leaders in gaol

Six leaders of the Resistance Movement are now in gaol for infringing the Riotous Assemblies Act. They are Dr G.M. Naicker (six months and a week); Dr K. Goonam (six months and a week, of which four months have been suspended); Mr. M.D. Naidoo (six months and a week); Dr Y.M. Dadoo (three months); R.A. Pillay (three months); and Mr. Sorabjee Rustomjee (three months).

Over 300 Resisters who were separated from their leaders were tined five pounds for trespass during the week. They were told that there was no option of a fine and that if they did not pay their fines, their property would be attached to cover the fines. At the time of wiling, no fines were paid and the Resisters have declared that they will not pay their fines.

Among those who were fined was the Rand Clergyman, Reverend Michael Scott who was charged with three trespass offences. He was fined fifteen pounds. Mr. Benny Sischy, the Secretary of the Johannesburg Committee for Asiatic Rights was fined five pounds. Neither have paid the fines.

Speaking at a mass meeting on Sunday at the Red Square, Mrs. M.B. Lavoipierre, Chairman of the Council for Human Rights, said: "One of the aims of my Council is to see that Freedom does not remain an empty word, but means freedom for all peoples, irrespective of colour, class or creed."

At the same meeting, the Reverend Michael Scott declared: "When we stand before the Court tomorrow, in a sense, my religion and my race will be on trial."

The First Martyr — Krishensamy Pillay

Mystery surrounds the death of an Indian plain-clothes policeman, Krishensamy Pillay, who died on Sunday as the result of an assault on him on the night of 21 June.

He was claimed a martyr to European hooliganism by the Resistance Council and accorded the largest Indian funeral in Durban on Monday evening, when thousands of Indian people assembled on the Red Square and proceeded to the Queen Street Cemetery where he was buried. All traffic was brought to a standstill while the procession moved slowly to the Queen Street Cemetery.

The police had refused permission for the body to be brought to the Red Square. In an official statement, the Passive Resistance Council asserts that he was "mercilessly battered by about 10 or 12 Europeans, some wearing long trousers, some shorts, and who used knuckle-dusters. He was beaten into unconsciousness and found later lying in the gutter suffering from lacerated wounds in the head."

"He regained consciousness in hospital. On Sunday, 30 June he died from these wounds. These facts are all borne out by sworn affidavits."

"On Monday, 24 June, Krishensamy Pillay told his story to Mr. Debi Singh (Acting President of the Natal Indian Congress), the Reverend Michael Scott (an Anglican Minister from Johannesburg and Dr Y.M. Dadoo (President of the Transvaal Indian Congress)

"On 1 July, the police, when asked if they had taken a statement from Pillay, said that Pillay was "never fit enough to make a statement

"Yet, Dr Tibbet, who had attended to Pillay in hospital, when interviewed by Congress representatives, said that Pillay was rational and further intimated that he was advised by Pillay himself that he had been assaulted by Europeans. What is more, official hospital records say: 'Krishensamy Pillay, multiple lacerated wounds— head Assaulted by Europeans. Davenport and Frere Roads. 24.6.46'”.

Resistance Round up

Despite the fact that no arrests have been made and the police have not interfered with the Resisters, the Natal Passive Resistance Council is going to carry out its programme according to plan Batches of Resisters are sent regularly to occupy the Resistance Plot. Nine tents have already been pitched and by the weekend two more tents will be added. The total number of Resisters will be 33 when (Miss) Ansuyah Singh and Dr R.M. Pather will lead their batches, Mr. M. P. Naicker, Acting Secretary of the Natal Passive Resistance

Council said.

Mr. Naicker added: "The police force is on full-time duty on the plot. They have assured the Resisters complete protection from European hooligans."

First Phase of Resistance ended — 158 in Gaol

The first phase of the Resistance Movement came to an end when 158 Resisters were sent to gaol during last week for terms of imprisonment ranging from six weeks to four months. The Passive Resistance Council made this statement officially.

Reference was also made to the fact by Mr. Debi Singh, who is Acting President of the Natal Indian Congress, when he spoke at meeting on the Red Square on Sunday last.

An official statement issued by the Natal Indian Congress and dated 5 July declares: "One hundred and fifty-two Passive Resistance volunteers were today sentenced, at the Durban Magistrate's Court 'terms of imprisonment ranging from six weeks to four months' hard labour. This makes a total of 158 volunteers now in gaol."

The Council for Human Rights in Durban sent a letter to the Minister of Justice on Monday protesting "against the procedure of charging Indian Passive Resisters under the Riotous Assemblies Act and against the infliction of sentences of hard labour on men and women of high standing whose only offence is a gesture contravening a discriminatory law against which they have no other means of Protesting."

"We deplore the fact that none of the European hooligans guilty of assaults on Indian men and women Passive Resisters have been prosecuted, although the police have had ample opportunity for making arrests.”

The letter goes on to refer to Krishensamy Pillay, an Indian constable who died in hospital after an alleged assault in the district where the resistance camp lies and criticised the police statements on this affair

Reverend Michael Scott — The Padre Passive Resister

Reverend Michael Scott, the Rand clergyman, who associated himself with the Passive Resistance Movement from the beginning, has been sent to prison for three months on a charge of trespass at the Gale Street Resistance Camp.

"It was on the morning of Saturday, 22 June, that I first saw Reverend Michael Scott in Resistance Hall," writes a Leader representative.

I had known the man by name, for he had refused to pay taxes to the Treasury, but was instead diverting it to other, and more needy channels. He sent the receipts to the Treasury. He had also associated himself with the Campaign For Right and Justice in Johannesburg Reverend Michael Scott, the tall and good-looking padre, was then no newcomer to the cause of the non-European.

Immediately after the Indian people in the Transvaal decided that they would fight against the Ghetto Act by means of Passive resistance, a European Committee for Asiatic Rights was formed in Johannesburg. Michael Scott was on this committee and a week after Passive Resistance was declared in Durban he, with two other European sympathisers, came to Durban to see whether a similar committee consisting of liberal European opinion could not be formed. The result of their labours was the Council of Human Rights.

In the evening Michael Scott visited the camp and as he was chatting with the Resisters, the police arrived to take them away. Dr Naicker asked Reverend Scott to leave the camp in order to avoid arrest, but the padre decided to court imprisonment also. He was taken away with the group. He was released later the same evening with the others and asked to appear before the court on Monday morning. On Sunday evening he was back on the camp, after addressing Meeting of Indian women at the Avalon Theatre. That night, however, who was to see mob violence in action. He was one of the eye-witnesses who saw Europeans armed with knuckle-dusters, bicycle chains and belts assault not only the Indian men, whose declared intention was to be passive, but Indian women. Later that night he saw a group of Resisters lying in the gutter — all-unconscious. He felt the pulse of woman in the group — Rabia Docrat, now in gaol — she was semi-conscious. Michael Scott was one of the first to bring the news of this assault to the Congress office. The events of that night only made him more than ever determined to stand by the cause of the Indian people.

On Monday morning, he appeared before the Magistrate, who did not understand why a man of the education, the background and the intelligence of the padre, associated himself with the "common fry. He said so in disparaging tones, but Michael Scott trespassed of the third time. He now owes the State £15 in fines for his part in the Resistance Movement. He has refused to pay, and I understand there is a writ of attachment against him.

On Friday he went again to the Forbidden Land in the company of Moslem priest — Moulvi Salojee of Johannesburg. His small associate groups of resisters were made to march double file to the Stella Hill police Station.

"It was a touching sight to see this European marching at the head of the group; his prayer books in his hand, taking long strides and waving and smiling at the crowd which followed him to the police station. On Saturday morning he was sentenced to three months imprisonment. He had many opportunities to return to Johannesburg but Michael Scott refused to go, for he believed that the time for talking was over and the time for action had come."

"We feel," he said at a farewell meeting on the evening that went to court arrest, which led to his incarceration, "there comes a time when there is a limit to what speaking can do. I think the time has come now for action. It is a distressing thing," he went on, "that the Christian religion can be so corrupted and so perverted that it can be used as sanctions for the Colour Bar."

Out of Gaol: Welcome to Passive Resisters

"We meet here under different circumstances and on a different purpose. A purpose for which we have never met before. And that purpose is to welcome and honour our gallant resisters, who been released from gaol." Mr. Debi Singh, Chairman of the Passive Resistance Council, at a meeting held at the Red Square Saturday, welcomed the eighty Passive Resisters released after periods of imprisonment varying from two to six weeks, in defiance of the Ghetto Act. Of the eighty released, nine are women,

Dr N.V. Appavau, of East London, the next speaker, said at a very outset of the campaign, the people of East London contributed £300. We have pledge to send £50 every week as long the campaign lasts, he added.

“It is with profound joy that the first batch of released Resisters,” said Mr. Nana Sita, Chairman of the Transvaal Passive Resistance Council. These men and women fully realised what freedom meant therefore they went to goal. They should be a source of inspiration to us. It is not only their battle but ours as well. Therefore to bring the struggle to a glorious end, I earnestly appeal to all, the womenfolk in particular, to join in the struggle and play their part said Mrs. Zora Meer, a representative of the Indian Women's Action Committee.

"South Africa, which is a democratic country only in name, denies the non-Europeans legitimates rights. We, who are oppressed economically, socially and politically, should now cast aside our petty grievances and go into action," concluded Miss Meer.

"The entire Indian community of South Africa is proud of the part played by the resisters," said Mr. Ismail Meer, a representative of the Transvaal Passive Resistance Council.

"There is no such thing as freedom for the non-Europeans of South African under the policy of segregation."

"Hundreds of Africans, who are compelled to live by force in the ghettos and locations that already exist, die annually because they are deprived of the necessities of life."

"Only a short time ago people outside South Africa saw the ideal of race supremacy and superiority culminate in a world war. Therefore, to avoid another such catastrophe. General Smuts and others of the Herrenvolk should mentally take heed from such events."

"By burning up their passes, the Africans will be opening up a second front. If we want democracy to extend to all, then we should whole-hearted support to the Africans in their fight for greater freedom."

"It is not honour that I seek, but freedom and liberty," said Mrs. Z. Gool, of Cape Town.

"South Africa is witnessing the real beginning of a national struggle, which is still in its infancy. Therefore, I plead to the women to come out boldly, because without them, our struggle will be weakened."

"We are offered locations, bazaars, ghettos and gutters, instead 'freedom, true place and profits of this country."

"The non-Europeans who form the backbone of all industries should build up the biggest mass civil disobedience in South Africa. We must not fight an isolated battle, but unite with the Africans and other non-European peoples of South Africa so that our task as well as theirs', will be lightened."

"I would rather die than live if I knew that there was no freedom for me and my children in South Africa."

"We are very proud of you," said Mr. Manilal Gandhi, son of "Mahatma Gandhi, who recently returned to South Africa after spending over a year with the Mahatma in India. "I assure you that the Mahatma is following the events in South Africa with the keenest and greatest anxiety”.

Congress Alleges: Resisters abused, stripped, sworn-at and ill-treated

Immediately after the first batch of Resisters were released, the Natal Indian Congress, following from statements made by the Resisters, complained to the Minister of Justice and the Director of Prisons that the Indian Passive Resisters were being deliberately more harshly treated by prison officials. The Congress also led evidence before the Penal and Prison Reform Commission to show the harsh treatment that was apparently being specifically meted out to Resisters prisoners. The Superintendent of the Durban Gaol denied the allegation and Mr. J. Sullivan, M.P., who sought and received permission from the Minister of Justice to investigate conditions in gaol, declared that the complaints of the NIC were unjustified.

"A non-European can hardly live without breaking, some time or other, after some of the numerous restrictions placed upon to freedom and full development. In seeking a happier and fuller life he, at once, becomes a criminal. So long, therefore, as South Africa maintains this inequality, there will be no appreciable reduction in its prison population."

"Extreme poverty and unemployment also added to the growing list of non-European criminals. Over-crowding, slum conditions, lack of civic amenities and inadequate provision of education, bred criminals”.

"Only when South Africa becomes a truly democratic state creating and providing equal opportunities to all for fullest self development, will its prison population be decimated. This is the only certain way of preventing most of the crimes that are being committed by non-Europeans."

The Congress made specific reference to the treatment meted out to Passive Resister prisoners to illustrate some points. Resisters awaiting trial were abused and sworn at by almost all the officials, who were haughty, aggressive and hostile.

In the cells, no facilities of any kind were provided. They were given no blankets, and had to sleep on the bare cement floor; no arrangement for toilets existed. Until trail, which usually took place at about 10 am. the next day, they were given nothing to eat or drink.

When the Passive Resisters were taken to gaol, they were usually subjected to a barrage of abuse.

"So these are the Coolies from the Transvaal. We shall fix them. They would wish they were in Johannesburg by the time we are finished with them", were some of the remarks that greeted them. Taunts and abuse, directed both to their persons and their cause, were constantly hurled at them. Even the wardresses delighted in using such abuse as "coolies", "marys", "bloody fools", "bloody dogs” and bastards.

Woman resisters were also stripped and searched and made to walk naked in the courtyard.

When the prisoners complained of illness, they were given liberal doses of castor oil.

"The prisons of South Africa, and still more, the huge mass of humanity in them, are a standing reproach to the Christian conscience and a scathing indictment of our civilisation."

The members of the Congress deputation were: Dr B.T. Chetty, Acting President of the NIC, Mr. I.M. Bawa, Acting Joint Secretary, and Mr. P.B. Singh, a member of the Natal Indian Congress.

Despite the statement of Mr. Sullivan, M.P., and the gaol superintendent, the Passive Resister prisoners had their own stories to tell of conditions in gaol.

How a warder declared that he was not being paid £40 a month to tame chickens, is described by Mr. G. Sooboo, of Pretoria, who was arrested on 17 July. He says:

"The day following our admission to gaol, we were stripped and made to line up for medical examination. We stood naked for half an hour before the doctor arrived. He glanced at us as he walked past and we were told by the warder to dress. For three days we received our food in rusty tin dishes. When we complained, we were given cleaner dishes but not until the white warder in charge had abused us repeatedly and declared, 'You damned boys, I am not receiving £40 a months to tame chickens. I am a lion tamer. I wish the authorities would let me look after you in my own way. I would break your mother's hearts and then yours.'"

He certainly did his best," comments Mr. Sooboo, "but failed to break our spirit

The Resisters were locked up in their cells at 4.30 pm. In Mr. Sooboo's cell there were seven. Six slept lengthwise and one crosswise at their feet. Uncovered sanitary buckets were provided at the door of the cells. There was no disinfectant and the stench was unbearable.

"There were about 500 prisoners in my block and every morning we were expected to use the latrines and wash in the few minutes allowed for the purpose. Many of us were unable to have a wash the two taps were barely sufficient. I noticed on many occasions that the sanitary buckets taken from the cells were washed in same troughs."

Mrs. Rabia Docrat, who was among the first women resisters and was also a victim of hooliganism, said on her release that their arrival, the women were asked to strip and were subject personal examination. They wee then taken across the court' still naked, for a cold shower and were ordered to put on their uniforms while their hair and bodies were still wet.

"In searching us and making us run naked in the yard common decency was observed. The European women who act as wardresses, should have some sort of education. From their behaviour in searching the prisoners, making them run naked and abusing in the most offensive terms, it was obvious that they did not any sense of decency or finer feelings. The lack of these lee was most distressing to the Indian women prisoners who are used to being treated savagely."

In the cell was a rusty water bucket and the prisoners drink with their hands cupped. There was also a small latrine with a lid but no sanitary paper.

There were four Resistors to a cell and for bedding a few dirty blankets and a rope mat.

For breakfast, the prisoners had mealie meal porridge lunch samp and beans; for supper mealie meal, beans and a piece of bread. There was no cleanliness in the preparation meals and the food dishes were always dirty.

Mr. A.H. Patel of Johannesburg declares: "The short experience I had of prison life has fortified my belief that the prisons rather than teaching criminals the correct and positive code of human behaviour, instils a dangerous spirit of rebellion against society

The fact that Passive Resistors came in for specific attention by warders and wardresses is illustrated by the experience Resisters who, when sick, was told, "You chaps are not sick; you are just making excuses; Passive Resistors should have no chest pain.”

The Second Front

Resistance Extended to Second Plot

The "second front" of the Passive Resistance Campaign against the Ghetto Act was opened on Monday evening when Mr. George Singh, the Chairman of the Committee of the Natal Indian Congress, together with four other Resistors, occupied a vacant site in Brighton Road, Wentworth. The property belongs to Mr. George Singh himself. By occupying this site, the Resisters are contravening a proclamation issued recently by the Governor-General prohibiting the occupation of want land in a controlled area by Asiatics, except under permit from the Land Tenure Board.

Resisters give "Jai Azad" Salutation

Shouts of "Jai Azadi", the salutation of the Passive Ra resounded on the platform when they met in the VDS Hall, Pietermaritzburg having come together after being separated in the various gaols the Province during their term of imprisonment. They all exchange the Resisters' Salute with the arm bent towards the heart. They all wore the "Gandhi" cap. The audience, which crowded the hall, had a warm welcome for the resisters, led by Dr Goonam and Dr Patel. After the close of her moving speech, Dr Goonam appealed for volunteers to join in the struggle, when 26 men and 6 women enrolled.

Successful Meetings in Northern Natal

The Passive Resistance Council of the Natal Indian Congress held a series of meetings in Northern Natal over the weekend. Speakers addressed well-attended meetings in Ladysmith, where an open meeting was held on Saturday afternoon, Dundee, Glencoe, Dannhauser and Newcastle. Congress headquarters sent Dr K.M. Goonam Mrs. Suryakala Patel and Molvi Saloojee, all of whom have already served prison sentences in the fight against the Ghetto Act, to inform the Indian people in Northern Natal of the fight that was being conducted in Durban.

Mrs. Z. Gool Released from Prison

Mrs. Z. Gool, a City Councillor of Cape Town, who was one of the Passive Resisters serving a sentence of 30 days' imprisonment for trespassing, was released from prison after the payment fine on Wednesday night when news was received in Durban that her son had been killed as the result of an accident in Cape Town. Mrs. Gool's son was a student at Cape Town University and 20 years of age.

Dadoo arrested following raid on Communist Party Office

Following upon the seizure of documents of the Johannesburg District Committee of the Communist Party of South Africa in connection with the abortive African Mineworkers' strike, Dr Dadoo was taken to Johannesburg on Saturday under police escort from Ladysmith gaol. It is understood that Dr Dadoo's name appears in the seized documents and that he has been removed for questioning.

Fifty people — about 10 Europeans and 40 Africans, coloureds and Indians — have been arrested on allegations of contravening the Riotous Assemblies Act. They appeared in the Johannesburg Magistrate's Court. Among the Indians is Mr. J.N. Singh, formerly of Durban.

Meeting in Dannhauser

Dannhauser, Sunday: At Dannhauser, the Resistance Campaigners received a rousing welcome into the town. After their meeting in Glencoe, the speakers proceeded by car to Dannhauser, where about three or four miles out of town a procession of cars awaited them.

Mr. S. Vawda, President of the Branch Congress of the NIC, Dannhauser, took the chair and explained the object of the meeting.

Speaking in Hindustani and wearing a Gandhi cap, Mr. R. Patak declared that there was an old maxim that no one could take over lilt responsibility of others. The Indians would have to fight their own battles. It was the duty of every man, woman and child to take action against their oppressors.

Speaking next, Mrs. Patel referred to the Ghetto Act as a "hideous piece of legislation". In the face of this the Indian people could do nothing other than what they had done. Recourse to Passive Resistance was the only way out. Mr. M.P. Naicker said that it was good to see 'packed hall and such enthusiasm for the cause. In a life and death struggle, all petty local differences should be forgotten.

"We do not want to live among or with Europeans, but we are compelled to move into European areas because of the scandalous conditions which exist in Indian areas. It is inevitable that people who have made a bit of money should want to seek a better place to live in. Why should we, because of the colour of our skin, be denied the right to live where we can afford to?"

Resolution of the joint Passive Resistance Council, 31 Augusts 1946

The Passive Resistance Council "is tremendously encouraged by the rising tide of opposition of the South African non-European peoples against the racial policy of segregation pursued by the Union Government and congratulates the many Africans, coloured, Malay and European people who have volunteered as resisters in the campaign launched by the Indian people against the Asiatic Land Tenure and Indian Representation Act."

"Believing that the struggle of the African, the coloured and the Indian people of South Africa is a common struggle against colour bar and oppression, this Council records with deep appreciation the fact that, while the Indian community is openly challenging through the passive resistance struggle, the policy of the white ruling class of South Africa, the other sections of the non-European people are also rising in defiance of segregation."

"In particular this Council congratulates the gallant and heroic part played by the African miners in their recent strike when at the cost of many lives and in the face of unparalleled police brutality they challenged the policy of segregation which is responsible their miserable conditions and low wages on the mines."

"In paying tribute to the African people this Council wishes them all success in their great Anti-Pass Campaign."

"This Council calls upon the African, the coloured and Indian people to strengthen further and consolidate their respective national organisations in order to rally their entire communities behind the struggle for national liberation and for full democratic rights for all in South Africa, and to launch simultaneously campaigns against oppression, thereby uniting all sections of the non-European people in action."

Dadoo speaks on his release, 29 September 1946

Our struggle against racial discrimination is winning widespread support among all communities in this country.

Great South African European patriots like Reverend Scott and Miss Mary Barr are showing by their participation in the struggle and by suffering the rigours of imprisonment that not all Europeans in South Africa are a party to the oppressive and colour bar policy of the Union Government. Great non-European patriots among the coloured and African people are also enlisting to serve in the cause of freedom. This shows the growing support the passive resistance campaign against the Ghetto Act is gaining from all sections of the South African population. Although our movement is still young and list gathering momentum our determined resistance is showing positive results in many directions.

In the first place the indictment of South Africa's crime in treating its Indian minority and the vast mass of the non-European people in an unashamed and unabashed manner. Secondly, support from all over the world shows that the Union Government stands condemned in the eyes of world opinion, for even the Paris Peace Conference was not immune from its vibrations.

Since the passing of the Ghetto Act the relations between South Africa and India have deteriorated completely. The High Commissioner for India in South Africa has been recalled and trade sanctions are in full force. Gandhiji, who left us the heritage of a struggle in the form of passive resistance, is keenly interested in the progress of our campaign and has constantly sent messages of support and encouragement. Mohamed Ali Jinnah, President of the All India Muslim League, has reaffirmed his and Muslim India's fullest support to the passive resistance struggle of the Indian community. We are most gratified by and welcome the steps taken by the interim Government [of India] in tightening up measures to make economic sanctions as complete and watertight as possible. We welcome Pandit Jawaharlal Nehru's declaration of policy in relation to South Africa. The Union Government is already feeling the full impact of this policy. Consumers and farmers are acutely feeling the shortage of gunny's bags, oil seeds and textiles alike. The naive attempt by the press to minimise the effects of sanctions cannot help to reassure the farmers who want gunny's bags and consumers who want food commodities that these will be delivered to them. The day of the United Nations [General] Assembly meeting is approaching nearer. We are awaiting with calm confidence the decision of the United Nations. We have, in spite the Union Government's press propaganda to the contrary, a simple and straightforward case. We only require placing it concisely, concretely and truthfully before the Assembly to commend it to their sense of equity and democracy.

We are fortified in our confidence by the knowledge that the Indian delegation will not allow any attempt by the South Africa Government to divert the attention of the Assembly from the man issue, that by denying elementary rights of citizenship to the Indian and non-European peoples, by condemning them to live as helots in ghettos and by driving the vast masses of them to the slaughter of the cheap labour policy, South Africa is guilty of flagrant contravention of the basic principles of the United Nations Charter and is in to practising fascism.

During the last three months since the beginning of the passive resistance struggle, a new awakening is perceptible among the non-European masses. Recent events on the Rand leading to the strike of the African mineworkers, the most ruthlessly oppressed section of the South African masses, are of great historic significance. It point is not that the African mineworkers were forced by Police victor and brutalities to give up the strike; the significant point is that they ever came out on strike,

We are now witnessing the first glow of a new dawn for South Africa and a decisive turning point in her history. Our country entering a period of struggle for democracy for all, for a great united and happy South Africa. We are at long last catching up with the march of history. We are now not far behind the masses of the peoples of Europe fighting for democratic peoples' Governments and colonial and semi-colonial peoples fighting for freedom and independence.

The struggle of the Indian and African people is welding unity and cooperation in action and we are forging the forces of democracy which alone can destroy fascist practices in our country

Transvaal Elections make history

The biggest Indian meeting ever to be held in the Transvaal on Sunday re-elected Dr Yusuf Mahommed Dadoo as the President of the Transvaal Indian Congress at a meeting held at the Indian Sports Grounds, Johannesburg. Over 12 000 voters of the Congress were present at the meeting, at which the complete list of candidates submitted by the Democratic Congress Action Committee was adopted unanimously. It is estimated that over 75 percent of the voters went to the polls. Hundreds of others sent telegrams to Dr Dadoo pledging their support and regretting that they were unable to attend the meeting.

An appreciable section of the crowd was composed of Indians from the country towns of the Transvaal. In Dr Dadoo's cabinet, the Secretaries' posts go jointly to Messrs I.C. Meer and Dr Vallabhai G. Patel. Messrs Jasmat Nanabhai and J.G. Vandeyar were elected Joint Treasurers. The Vice-Presidents are: Messrs J.V. Gokal, M.A. Dinath, Vallabhai B. Patel, E.E. Laher, Moulvi Saloojee, T.N. Naidoo, Sorabjee Rustomjee, C.B. Desai and Mrs. P.K. Naidoo.

For the first time in the history of the Indian community of the Transvaal, three women have been elected to the Congress Committee. They are Mrs. P.K. Naidoo, a Vice-President, Mrs. Suriakala Patel and Miss Zainab Asvat. All three of them have already served their term of imprisonment as Passive Resisters.

A very hearty applause was given to over 90 volunteers who went to make the Transvaal UNO batch under Nana Sita. This batch is to defy the Asiatic Land Tenure and Indian Representation Act at the UNO Assembly, at present in session in New York.

UNO Rally planned

Tongaat's meeting brought to a close the Natal Indian Congress's fortnight's campaign in which thirteen meetings were held in Northern Natal, the suburbs of Durban and the North Coast. Preparations were now being made for the mass UN rally to be held on Sunday, 12 October at Nicol Square, Durban, which will be addressed by Senator H. W. Basner, Drs Dadoo and Naicker, Mrs. M.B. Lavoipierre and important coloured and African leaders. On this day, a batch at least fifty passive resisters will court imprisonment and will be followed by regular batches who will occupy the Gale Street-Umbilo plot for the duration of the United Nations meeting and discussion of the South African Indian question.

On Saturday morning, Drs Dadoo and Naicker launch finance fortnight for Congress and Resistance Funds by beginning collections at the Morning Squatters' Market.

The Natal Indian Congress has issued an appeal to its 35 000 members to contribute half-a-crown or more and to the Indian community to donate one shilling or more during the fortnight before the UN Rally on 12 October,

A mass meeting of the Indian people in Tongaat wm Sunday last by the local Branch of Congress at the Gokhale under the Chairmanship of Mr. G. Hurbans. Dr Y.M. Dadoo, President of the Transvaal Indian Congress, addressed the meeting. Mr. J.N. Singh, Acting-Secretary of the Passive Resistance Council Mr. D. A. Seedat, one of the leaders of the batch that will court imprisoned on 12 October, after the UN Rally.

Mr. I.A. Khan, Secretary of the Tongaat Branch of the Indian Congress, volunteered to lead the Tongaat UN Batch.

On Sunday afternoon, an open air mass meeting of over people was held in Verulam, and was addressed by Dr G. M. Naicker, the President of the Natal Indian Congress, Dr. Y. M. Dadoo, the president of Transvaal Indian Congress and Mr. J.N. Singh, Acting Secretary of the PRC.

UNO Day Arrests: Police Work all Night

Thousands of peoples attended a UNO Day Demonstration on the Red Square and later visited the Resistance Camp Street from where 324 Resisters were arrested for defying Ghetto Act. This is a bald statement of fact, but behind it lies as a story human interest — a story of the beaten track which very few people come to know. This story has been ferreted out by a Leader reporter and tells of the work involved between getting the Resisters to the plot in Gale Street and their being brought up for trial.

Although there were 355 volunteers on UNO Day, the total number of people who finally appeared before the Magistrate on Thursday was 324. The missing 21 could not be accounted for.

Of the 324 who appeared before the Magistrate, 35 were women. One hundred and forty-five men and 10 women were sentenced to three months' imprisonment as they had previous "convictions". The rest of the men and women were sent to gaol for the usual 30 days.

The Resistors were taken to the Charge Office in Smith Street at 10pm. and the records were only completed at half-past seven in the morning. Mr. P.B. Singh, the Resistance Welfare Officer, told a Leader reporter.

The checking up, which was done by three Indian plain-clothes men and a dozen European sergeants and other ranks, continued without a break till the morning.

While the names and addresses, the police was taking down fingerprints and other details; the P.R.C. provided hot coffee and sandwiches for the Resisters.

As usual, the police were warned beforehand about the mass demonstration and were given almost all the necessary information.

When the police arrived at the Gale Street site, they asked Mr. Singh, who was in charge of the Resisters, to get the Resisters separated from the non-Resisters. When this was done the Resisters we asked whether they had read the notice warning against trespass or not. They shouted back that they had done so and were deliberately courting arrest.

The police then gave them three minutes to disperse; otherwise they would be placed under arrest. Some of the Resistors replied that they had come there to be arrested and they had no intention of moving away. When the three minutes were over, all the Resisters We formally placed under arrest.

The women were placed in lorries and removed to the Charge Office in Smith Street. The men were made to march via Williams Road in order to avoid traffic in the main thoroughfares.

When the women were taken away, the leaders of the men's batch, Messrs A.E. Patel and Nana Sita, accompanied by the Reverend Satchel, Mr. M.M. Gandhi and Mr. D. Roopanand were introduced to the police. The men then formed into fours and marched to the to Charge Office.

At the Charge Office, the Resisters from the Transvaal were sorted out and a batch of 100 was formed by the addition of four Natal Resisters. While the details of these 100 Resisters were being entered, the others were made to sit in the courtyard at the back.

The grille at the Magistrate's Court had been cleared to accommodation all three Resisters. Over the night, however, there were not enough blankets to go round and many had to do without them.

After being sentenced the next day, the Resisters were removed to various parts of the Province to do their "term". It is reported from Ladysmith that a number of Resisters were seen at the station handcuffed and manacled.

Mr. P.B. Singh paid a tribute to the kindness and the patience of the police officials in this particular instance during the protracted, proceedings of the night.

Resisters (UNO Batch) arrested on Opening of UN Assembly

With an eye on the opening of the UNO Assembly, the Passive Resistance Council organised the largest mass resistance in its campaign against the "Gutter" Act, when 355 Indian men and women were arrested at the Gale Street "prohibited" area on Wednesday lift This demonstration had the support of thousands of Indians were spectators of the scene, which could, not fail to impress onlooker of the deep-rooted objection against the Act. The here were not separated by any social, religious or economic divisions but were united as Indians, sharing in a common loss of being of certain human rights.

Long before the Passive Resisters arrived on the scene, thousands of Indians and hundreds of cars had taken up vantage points around the camp. And when they came — nearly all had the "Gandhi — they were in bands, each singing different songs. Some were singing "We're Marching to Pretoria", others in Gujarati, especially the women and several in Tamil.

They all took up their places in the prohibited area and waiting for the police. For a time it was feared that the police might taking action, which would mean that the Resisters would have to spend the night in the open.

It was not long afterwards when the police were on the scene. They arrested the women first, who were transferred to the waiting lorries. They left to the cheers of the crowd. "Cheers for the Gujarati woman!" called somebody and this was taken up. The men were then taken into custody and removed. The police could have found no more willing prisoners than these men and women.

Taking of records of fingerprints at the station would have involved work continuing throughout the night, and even then it would not have been finished.

Soon after, the crowd began to disperse. A white woman was seen walking to a policeman asking him to intervene when a European had assaulted an Indian. She was told, "to mind her own business". Whether this was done to avoid any incident which might lead to publicity, which, in the interests of the Government, might be just avoided at this stage, or it was his usual attitude in cases of assault of this kind. In any case it was nothing serious.

Special Court for Resisters

A Special Court was set-aside in the Durban Law Courts on Thursday to deal with the 358 Passive Resisters arrested on Wednesday.

They were charged in three batches, averaging 120 to a batch. The charge was read in English, Hindustani and Tamil.

Rustomjee challenges Smuts on South West Africa

New York, Tuesday: A challenge to General Smuts to prove by a plebiscite, supervised by the United Nations, that the Natives of South West Africa desired incorporation into the Union, was made, yesterday, by Sorabjee Rustomjee, leader of the South African Indian Passive Resistance Council, who is now in New York as an adviser to the Indian delegation at the United Nations General Assembly.

Mr. Rustomjee, who claimed that he was speaking for 250 000 disenfranchised Indians in South Africa, said: "As far as mandatory territories are concerned, we feel strongly that the United Nation should hold South West Africa under trusteeship.

"The South African white population stands condemned the bar of world justice for its treatment of the African Native population. The very reason that India has been compelled to lodge a complaint against South Africa is sufficient proof that the area should not added to the South African Union."

"I do not believe that the Natives of South West Africa have been truly consulted by General Smuts or his Government or the British Government have endorsed the annexation policy.

"I repeat from my own observations that if a plebiscite taken, the Natives would not be in favour."

"Basutoland, Swaziland, and Bechuanaland have turned down suggestion of incorporation into the Union of South Africa, and I am sure the Natives of South West Africa feel the same today.'

Declaring that he had just left prison, where he had been three months as a passive resister against the Asiatic Land Tenure and Indian Representation Act, Mr. Rustomjee claimed that the question in the Union was a domestic matter and that Smuts was wrong in asking the United Nations not to interfere the affairs of South Africa.

"Human rights are in jeopardy here and human right matter for the United Nations," said Mr. Rustomjee

Women Resistors

The batch which courted imprisonment on Monday night" Mrs. Amina Pahad, Mrs. Mariam Cachalia, Mrs. Veerama Thandray and Mrs. Jumnaben Mavjeebhai prominent women Resistance leaders and wives of well-known Indian leaders and businessmen.

Mrs. N.G. Pillay is the wife Mr. N.G. Pillay who was deported to India during Mahatma Gandhi's Satyagraha struggle. Husbands and wives who went to gaol are Mr. and Mrs. Salim Saleh and Mrs. Goolam Salojee, leading members of the Indian community.

Mrs. Sooboo and Mrs. Narainsamy are wives of leading Pretoria resisters and come from families who took a leading part in Gandhiji's time.

A sister, two sisters-in-law and two nieces represent Dr Dadoo's family.

The following are serving for a second time: Mrs. Pahad, Mrs. Salojee, Mrs. Cachalia, Mrs. Thandray, Miss Veerasamy, Mrs. Jeewa, Miss Luxmi Ranchod and Mrs. R. Padiachee.

Among the men resisters were Mr. Nana Sita who is leading the UNO Batch as he did last year. His two sons, a daughter and a brother have also served terms of imprisonment.

Mr. T.N. Naidoo is the son of the late Mr. C.K.T. Naidoo who was the "lieutenant" of Mahatma Gandhi during the first Satyagraha Campaign. He is serving for the second time and is the leading figure in the P.R. Council.

Cassim Amra ordered to leave the Cape

Following the arrest and imprisonment of Mr. J.N. Singh, the Secretary of the Transvaal Passive Resistance Council, Mr. Cassim Amra, the Secretary of the Cape Passive Resistance Council has received a letter from the Principal Immigration Officer for the Cape Province that his permit will not be extended beyond 22 November and that he must leave Cape Town for Natal on or before 22 November. It is understood that Mr. Amra will not voluntarily leave Cape Town.

Mr. Amra has been a law student at the University of Cape Town since 1943. He hopes to complete his studies for the B.A., LL.B. degrees at the end of 1947, which will permit him to practise as an advocate in South Africa.

Mr. Amra is the Secretary of the Cape Passive Resistance Council and the Student's Socialist Party of the University of Cape Town. On account of provincial barriers against Indians, Mr. Amra has had carry a permit under the Immigration Regulation Act of 1913 while in the Cape Province. From July of this year the Cape Immigration Department has repeatedly requested him to leave Cape Town, irrespective of the fact that his studies would be disrupted and that he would not be able to continue with them in Natal as the Natal University College, with its colour bar, does not accept any non-European law students

In July Mr. Amra was arrested. At first bail was refused, to later he was released on bail. After this action, a temporary permit for a week was issued. On the expiry of the permit, Mr. Amra was again asked to leave Cape Town in September. No account was taken of the fact that Mr. Amra had to write his law exams in October November. Mr. Amra left for Durban in September and on presentation of a letter from the Registrar of the University of Cape Town, a permit valid until the end of December 1946, was issued. Now the Cape Immigration Department has informed him that he must leave Cape Town by 22 November.

National Fund for Resistance

A meeting lasting about 12 hours of the Joint Passive R Council of the Transvaal and Natal Congresses was held in the Hall, Durban, on Monday. It was decided to launch an appeal for national fund to carry on the struggle with greater intensity and increase the appeal made by Dr G.M. Naicker for £20,000 to £30,000 for this purpose; the sum to be collected by 31 December 1946.

A resolution taken at the joint session declared: "We are the opinion that the Passive Resistance struggle of the Indian people in South Africa is only a prelude to a bigger and greater struggle and feel confident that the decision of the Native Representative Council will hasten the day when the alignment and the unification of all non-European forces against racial oppression will become reality."

While the Council was still in session, news of the decision of the Native Representative Council and their reply to the Acting Prime Minister, Mr. J.H. Hofmeyer, was received. Immediately on the receipt of this, the Council suspended standing orders to discuss this issue. At the end of the session, Dr. Y. M. Dadoo flew to Johannesburg to deliver personally to Professor Z.K. Matthew the Council's message of congratulations.

Brief Review of Passive Resistance

The fact that Passive Resisters were "just sitting at Gale Street was criticised as a futile policy by Mr. Abdullah Moosa, a delegate '''Sunday's Emergency Conference of the Natal Indian Congress. He felt that if the Resisters really wanted to suffer, they should take up a more positive approach to fight against the Ghetto Act. He rested they occupy the reserved seats in trams and cross provincial briers without permits.

After reviewing the past 17 months of struggle, Dr Naicker who was the Chairman, declared: "We are today stronger in every respect we have today more men with us than when we began the struggle. We have with us today men who are 'top-notchers' in the Indian Community."

The Passive Resistance struggle, he said, was not only a struggle of the South African Indian people today, but it was the symbol of a greater struggle — the emancipation of the colonial peoples of the world.

Congress adopts New Constitution

At one time, one of the most controversial items on the horizon of internal politics of the Indian community and one of the major issues on which possible rapprochement between the Kajee-Pather Group and the Anti-Segregation Council floundered — the Federal Constitution of the Natal Indian Congress was adopted quietly by about 200-300 people at a special general meeting of the Congress called on Sunday at Curries Fountain for the purpose. Hundreds and hundreds of vacant chairs, standing under a broiling sun on the turf of the main ground, provided mute testimony of the fact that the issue lacked emotion and that it had no drawing power because it lacked also the dynamics of party feuds and prejudices.

There were traces of attempts to fan the old members in Dr. Naicker's opening speech but they drew no response from the Sunday morning crowd. The adoption brings to an end the many battles which have been fought in the political conclaves of the Congress on the issue and the nature of a constitution which would meet the wishes of the majority of the community.

Special provision is made in the federal constitution of the NIC for party politics within the Congress. The relevant clause reads

•  Members who so desire may function as a party within the Congress, provided they notify the secretaries in writing of the formation and existence of such a party and furnish full particulars to the General Secretary.

•  Each party within the Congress shall be designated the "Congress (name as chosen by the members of the party) Party"

c. No such party shall fail to accept the Congress constitution.

A Congress official explained that this provision was designed to provide an opening for the Old Guard, who could come insult Congress and function as a party. In this way they could participate in the direction of Congress affairs even though they did not hold any official post.

New Congress Constitution Criticised

The hey-days of mass meetings to endorse or sanction provincial and national policies and decisions of the Indian people are over, and by a strange irony of fate, they were written off by the very people who have been most ardent protagonists of the rights of the masses to have a say in the affairs of the community, for the Federal Constitution adopted on Sunday vests the supreme authority of Natal Indian Congress in a Provincial Conference. No reference all is made in the constitution about taking issues to the masses, but section (a) of Paragraph 7, headed "Provincial Conference," reads: "There shall be a Provincial Conference, which shall be the supreme authority in Congress."

The Conference will meet tri-annually and will consist of delegates from various branches. Provision is made for the convention of special conferences.

Explaining the lack of specific provision for reference to the masses, an official of the Congress said that the various branches would have to have their decisions endorsed by a general meeting, and as the membership of the Congress was now more or less on a mass basis, a general meeting could be regarded as a mass meeting. He agreed, however, that there was a difference between a general and mass meeting.

The Congress, under this constitution, will be constituted on a federal basis.

A special Delimitation Committee, appointed by the present Executive and the jurisdiction, will delimit the whole of Natal and the Committee will specifically define authority of each branch. Any area having 100 or more members may apply to the Executive for the formation of a branch. Hence it will be seen that branches will no more be constituted on the basis of municipal areas. This means that in Durban, if this proviso is pushed to the point of absurdity, an estimated Indian population of 90 000, there will be 900 branches.

All branches are entitled to representatives on the Working Committee, which is the federal organ. It will meet once every three months. Durban proper will now only be a branch of a Natal Congress whose officials will be elected at the biennial provincial conference.

The Constitution was read clause-by-clause, amendments sought for and then the document as a whole, submitted for adoption.

It will, however, not come into operation until nine months from the date of its adoption and Sunday's meeting has vested power in the Executive to continue to function for that period and to prepare the ground for the first Provincial Conference — now the supreme authority of the Congress.

The reason for this delay, it was explained, is the tension which exists between the community and the State, and that the Resistance Campaign and the possible developments which may follow from UNO decision, should take precedence over the internal affairs of the community.

We were, however, not fooled, and it was promptly kicked out.”

In framing the present constitution, the NIC had kept within the four corners of the promises to the people and had given regard to the re-orientated policy of the people.

In recent months the membership of the Congress had rocketed to 35 000 — an evidence of the growing faith of the Indian people in the national organisation. Commenting on the poor attends" Dr Naicker said the people should not become apathetic, for that would allow the development of a bureaucracy and dictatorship

"We officials are only your instruments and you must keep check on us."

No amendments were proposed from the general membership

Resistance Diary

A batch of 15, consisting of five from the Transvaal. M. Mr. F.T. Dookoo, eight from Maritzburg, led by Mr. R. Ramasar, and two from Durban, occupied the Resistance Plot. They were sent it to 30 days' hard labour or £3 fine each. The fines were not paid.

The Maritzburg group consisted of four women, Mrs. S. Maharaj, Mrs. L. Pillay, Miss R. Rathan, Miss S. Moodley and one African, Mr. B. Dhlamini.

Mr. F.T. Dookoo, the leader of the Transvaal group, read out the following statement in court:

"Our acts are not against a person but against an Act which trespasses on our human rights. We have no court to try this Act -we therefore defy this Act."

"It has often been said that the unemployed were being exploited. This is not true. I represent the independent section of the community and we are as much affected by the Act as the unemployed”.

Mr. R. Ramasar, the leader of the Maritzburg batch, read the following statement to the magistrate in the Durban court:

"I appear here charged under the trespass law to which already pleaded guilty. Our quarrel is not, however, with the trespass laws of this country. We are fighting against racial discrimination as implied in the Asiatic Act but the Government has chosen to charge us under the trespass law, to which, as Passive Resisters, we plead guilty and are ready to receive any sentence you may impose on us.”

Friday, 29 November

A Clairwood batch of 20, consisting of men and women, went into action.

Mr. R. Kallie, President of the Natal Indian Football Association,

who led a Ladysmith batch into action was released after serving one month's hard labour.

Sunday, 1 December

Miss S. Jacob, Miss Kunniamah Pillay, Miss Dhavana Govender, Miss Govindama Govender, all of Sea View, Durban, and Mrs. R. Angamah, who, with four male Resisters from Durban, occupied the

Resistance Plot. They were sentenced to 30 days' hard labour or a three pound fine. The fines were not paid.

Tuesday, 3 December

The bridal couple, Mr. and Mrs. N.C. Pillay, and the Bellair to which went into action on 10 November was released. Mr. Premlal Heera, the first Passive Resister from Kimberley, who went into action with the Bellair group, was also released.

Police ignore Resisters

Over the last few weeks the police have taken to "winking at Passive Resisters who occupy the Resistance Plot in Gale Street. They do not arrest them immediately nor carry them away in their vans to spend the night in the detention cell before they appear before the magistrate the next day.

When Resisters occupy the Resistance Plot, they are warned to appear before the Magistrate the next morning.

Sometimes, Resisters are kept waiting till very late before the police appear. Once they turned up at one o' clock in the morning, and Resistance Council was constrained to declare that if this happened again, Resisters would pitch tents for the night.

During the week, one group who did not get the attention of the police in the night, went home and returned the next morning with tents. The police, who also look away their tents, later arrested them.

The Resistance Council has decided that in future, resistors will only wait at the plot till 11 pm. for the police. After that, they will return the next morning with their tents.

Resistance Diary

Monday, 16 December

Mrs. S.K. Rustomjee, wife of Mr. S. Rustomjee, the Joint Council Delegate to UNO, led a batch of thirty-three Resisters from the Transvaal. Durban and Clairwood into action. They were sentenced to thirty days hard labour or £3 fines each. The fines were not paid.

The following made up the Transvaal group: Mrs. S.K. Rustomjee Mrs. Framroze Dina, Mrs. Fatima Varachia, and Mrs. Cachalia Mariam. Miss J. Prahboo, Miss R. Luxmi, Miss D. Rustomjee. Mr. Debi Singh and Mr. M.P. Naicker together with other Resisters were released.

Wednesday, 18 December

A group made up of students from the Transvaal went into action.

Statements in Court

Dr Yusuf M. Dadoo, 27 June 1946

Although I am pleading guilty against the charge I desire to fake a statement to the Court in order to clarify the situation and explain my action.

I appear before the Court as a passive resister in response to

Indecision of the South African Indian Congress which totally opposes the Asiatic Land Tenure Act and resolved to carry out a passive resistance struggle against the unjust Act.

It is in the carrying out of this decision for the removal of the difficulties of the Indian community and for the upholding of the honour of the Indians that we have launched upon this campaign by occupying a piece of land, land which was prohibited or restricted from Indian occupation by the new Asiatic Act. In accordance with code of the passive resistance we have committed a breach of the law in a passive and non-violent manner and are prepared to pay the penalty in full, but unfortunate incidents took place when there was organised hooliganism on the spot by mobs of Europeans. The passive resisters took no part in this at all but remained truthful to the rule of non-violence.

We held to our duty without even raising a little finger in carrying out our struggle against this unjust, discriminatory and inhuman Act which we consider derogatory to the honour and dignity of the Indian community as a whole and to the Indian nation. This piece of legislation is against all the principles of justice, human decency and democracy. Even if, in the defiance of the Asiatic Act we are "limited with another law.

[The Magistrate: For what reasons are you not concerned with other law?]

Because we are carrying out a campaign of passive resistance against the Ghetto Act and it is no fault of ours if the government chooses to sidetrack the real issue and invoke the aid of the Riotous Assemblies Act.

We shall continue carrying on the struggle against the Ghetto Act. Our struggle has the support and consent of the Indian people in South Africa, and is a struggle which has the widest support India. We hope our action will show democratic-minded people over the world that in discharging our duty as passive resisters are not only doing service to the Indian people, but that we doing our duty to all true democrats and fighting for our rights in South Africa.

To the Indian community I say that the struggles will hard one and a long one, but that should not daunt them; they should rally to the call and do nothing that will impair the self-respect and national honour of the Indian people. I hope they will continue their struggle with renewed vigour, but in a non-violent manner in keeping with their code of passive resistance and do what men and women have done in the war just concluded — a war that was fought democracy and decency.

1. Leaders of batches of Passive Resisters made statements in court before sentence. The statements in this section were taken from Flash, a cyclostyled bulletin published by the Passive resistance Council; some are condensed. Flash also published statements by l. M. Karodia, Ismail A. Khan, B. M. Kisten Hemraj Mooljee, V.P. Naidoo, J. Padayachee, R. Loggie Pillay, Somousdram Pillay and V.C. Pillay. Also statements by I Nanansamy R. M.K. Reddy who were not allowed by the Court to read their staler insisted on wearing the "Gandhi cap".

•  Dr Dadoo was charged under the Riotous Assemblies Act.

The Reverend G. Michael Scott, 27 June 1946

It is a mockery of our religion to claim the sanction of Christianity for this Asiatic Land Tenure and Indian Representation Act. It will bring our Legislature into contempt not only amongst the non-Europeans peoples of South Africa, but amongst all reasoning people" parts of the world.

Christian people will not be deceived into passive acceptance of injustice by specious speeches about "democracy does not mean freedom of one people or race to oppress people. Legislation which imposes a colour bar, which artificially and by force, obstructs the development of a people, whether socially or culturally, or which prevents them from exercising their God-given talents and skills, is contrary to the creative will and purpose as many of us Christians are able to interpret it.

Responsibility for the evil consequences of such oppression and injustice towards any race rests with the government. It does rot rest with the people who are resisting this particular Act now. They have no political representation.

They were not consulted. Their disapproval and firm intention if resisting the Act were made known before it became law. Neither does responsibility rest with those hooligans who have been misled by false religious and political doctrines into believing that they can by such bullying methods, resist the protests of the Indian community "South Africa.

South Africa must wake up before immense harm is done by such false religious doctrines and such evilly inspired legislation against a whole race without constitutional means of redress.

We have, by the very nature of our problems in South African great opportunity to show the world the way to a more cooperative civilisation, and to a more harmonious development for the respective races now inhabiting this country, than the world has known in our aeration.

But this is not the way. True statesmanship can and must find other way, for there will be many like myself, who hold the faith for which Christ paid the penalty, who will never be reconciled to kind of legislation. It is a test case for the non-Europeans here "the new period of history which we are now beginning.

But the government must be warned again of what is happening so far as the non-Europeans are concerned. It must be warned of the consequences of its own irresponsibility towards the non-Europeans before it is too late. If necessary peace-loving people will have to price of this warning, for much that we have all held dear in the at stake....

M. D. Naidoo, 28June 1946

I am again before this Court having already appeared on charges trespassing and contravention of the Riotous Assemblies Act.

My actions, which have led to these charges, have been the result of calm and clear thought. There should be no doubt that at the first opportunity, I shall repeat them.

I have no choice in this matter. The government of this country has sanctioned the Asiatic Land Tenure and Indian Representation Act. It is now the law of the land. This law was passed as a result agitation sponsored by certain Europeans who, obsessed by an unreasoning fear and driven by a blind prejudice, have taken the government away from the path of right and justice.

This law spells disaster to the economic development, culture uplift and living standards of my people. It has been so subtly design that its effect will become increasingly evident with the passage time. Aptly have the Indians applied the epithet "Ghetto" to his inhuman Act.

My people had no part in framing it. We do not have the vote in this land of our birth and adoption. Yet the government of this country is said to be a democratic one.

My simple intelligence fails to understand how the existence of a voteless minority could be reconciled with modern democratic one.

However, the absence of political rights deprives us of the most powerful means of constitutional redress. To preserve our selves to uphold the dignity and honour of the Indian nation, we have bed forced to adopt unconstitutional methods.

I have chosen the path of self-imposed suffering and hardship I have chosen to occupy a piece of land in an area prohibited to the Indians under the Ghetto Act. I have done so in the full knowledge that it must lead to arrest and imprisonment. I have chosen to plead guilty to whatever charge is preferred against me under any law does not matter if the state invokes a law which has no direct relation to my action. It is of no consequence if the charge with which faced is legally untenable.

The course I have chosen, which my people also have chosen has been forced upon us by the imposition of an unjust and vicious law. By our suffering we hope that those misguided Europeans who have allowed their irrational attitudes to commit a grave wrong a peaceful and freedom-loving people, will appreciate the inhumanity of this Act in its entire enormity.

This is the deep faith of the non-violent passive resister I stand firmly opposed to the Asiatic Land Tenure and Indian Representation Act. I shall continue to resist it with all the strength of conviction that my cause is just and that eventually justice must triumph My people are resolute in their determination. For everyone that this Court may sentence two will be found ready and willing to court the same punishment. We have just emerged from a war in which millions have given there all to preserve democracy and freedom. Imprisonment is but a small sacrifice by comparison. My people will not be found wanting. They will uphold the great traditions of the Indian nation. We, too, know how to fight for freedom, non-violent though our method is. And we are fortified in our struggle by the knowledge that civilised people the world over, whatever then-colour or creed or race, are one with us in our joint cause.

I repeat my plea of guilt and ask this Court to impose the maximum sentence permitted under the law.

Dr. K. Goonam, 29 June 1946

I stand before you for the second time to answer to the charge contravening the law of this land, first under the Trespass Act and now under the Riotous Assemblies Act. I never had the slightest mention of committing a breach of the ordinary laws of this country.

In occupying the resistance camp I was protesting against that oppressive and pernicious law recently enacted against my people who had no part in framing it. This Act spells disaster, ruin and a state of semi-serfdom to our people who contributed greatly to the prosperity of this country. South Africa, we are reminded frequently, is a democratic country, yet there are nine million people in this land who have no stake in the government of this country. Democracy in the words of Abraham Lincoln is government of the people, by the people, for the people. I am here to vindicate this interpretation of democracy.

You, Sir, are a symbol of the law; I too am a symbol at the present moment — a symbol of humanity resolved never to submit to the Law of Segregation — the Asiatic Land Tenure and Indian Representation Act. It is not I, Sir, that you are judging and condemning but all the freedom-loving people of this country — nay, of the whole world who made no small sacrifice to achieve and secure this freedom.

The future historians of South Africa will say that the rulers of this land failed, because they could not adapt themselves to a changing world. All men are created equal, Creator endows them with certain inalienable rights, and among these is life, liberty and the pursuit of happiness.

It is the inalienable right of the Indian as of any other people whether they are the non-Europeans of South Africa or the Jews Germany, to strive for the establishment of a society in which they would enjoy all the rights of citizenship.

There will be no peace on earth until equality amongst the different races, including the Jews, is established and colour, as a measure of civilisation, is abandoned,

I plead guilty, Sir, to the charges with which I am faced and ask the Court to impose the maximum sentence possible, for consider it a privilege to suffer the full vigour of the law, vindication of the rights of my people....

Benny Sischy, 1 July 1946

I plead guilty to the charge of trespassing, and in doing so I would like to make clear to the Court my reasons for this action.

The Council for Asiatic Rights [Johannesburg], on whose Committee I serve as Secretary, is anxious to propagate the justice of the Indian cause. The Council received from Europeans requests for information and assistance with regard to forming a similar body in Natal. THIS explains my presence in Durban.

I, as a member of the European community of South Africa, feel deep resentment over the recent promulgation of the Asiatic Land Tenure and Indian Representation Act. I feel that it is a violation of all we South Africans fought for in the war against fascism. As a South African I abhor the hatreds which are fostered between the various South African races by such oppressive legislations. The government must accept the responsibility for the growth of a “herrenvolk” ideology prevalent among certain sections of the European community against those who are denied the right to vote.

I further feel that this Act is an outright violation of all democratic principles in that it segregates the Indian people into ghettos, obstructs their social and economic development and denies them the most elementary human right — "the right to live".

Further the Act is an insult to all Asiatic peoples and it includes you and me, Sir, as members of the Jewish community, although the Act expressly excludes the Jewish people after terming it an Asiatic group.

J. M. Francis, 4 July 1946

For the second time I stand before this Court as an ex-serviceman who also fought in the World War just concluded. For four years I served with the Union Defence Force crusading for those things which we just and good and decent in the life of the individual whether he was black, brown, white or yellow. I was discharged in 1945 with the rank of Sergeant.

I, among others, joined up to fight, as we believed then, for the preservation of the rights and liberties of the individual. Although we non-Europeans were not given any arms we fought against an enemy armed to the hilt with the most modern weapons of war. But even despite this discrimination against us from the very beginning we went on believing that when the mess was over we, too, as human beings would enjoy the freedom for which so many had perished — "no less people of my own race....

When we came back we heard so much about the Brave New World and foremost in making these declarations was none other than Field Marshal Smuts. We heard so much about the four freedoms, of liberty of the individual, of democratic thought and action that in spite of our invidious position in the fabric of this country we began believing that a new era was dawning in the life of the Indian People ....

When, however, a few months ago, I heard Field Marshal Smuts Himself piloted the Asiatic Land Act in the supposedly democratic parliament of South Africa, I, together with my comrades, became disillusioned, for, here was something the like of which we had fought against and even given up our lives.

We fought so that we could live where we could afford. We know the dark future which this Act foreshadows for us and we have, therefore, together, together with other members of our community decided to fight it.

We have joined up once again, as it were. We bear no arms in this struggle, that is patent; and our struggle is a passive one; we bear no man malice, we know perfectly well the implications of our step but we shall gladly pay any penalty which the government will exact from us….

I stand here humbly before you with my declared code of self-imposed suffering for my people's cause uppermost in my mind; I stand here before this Court as a member of a persecuted race, of a race persecuted and hounded even as other races in the history of the world have been. They suffered for they were of a race different to those in power even as mine is. Suffering has been the badge of our tribe for long years in this country and we are prepared to suffer further. We will not submit.

We shall resist!

Miss Zainab Asvat, 9 July 1946

Sir, like my other compatriots who have already appeared before these Courts I have chosen the only path possible to a self-respecting individual. It is by now well known everywhere that I and my fellow countrymen and women have resorted to passive resistance. Rather than submit to laws that are immoral, unjust and discriminatory we have decided to break them peacefully and pay the penalty of doing so. Appropriately have I and others been charged with trespass, for have not the "whites" of South Africa always looked upon the Indian people as trespassers in this country? As everything belongs to them every forward step by us is a trespass upon their domain.

In the past the Indian people have resisted all attempts directed at limiting their elementary human rights by every constitutional means. They fought a losing battle. That historical approach now worked itself out and a new attitude to this old struggle is being given expression to by my generation. No longer are we prepare to stop short where our elders failed; we have decided to see the challenge through to its bitter end, no matter what the cost in life, wealth and happiness. Our struggle is a peaceful protest designed at quickening the conscience of all freedom-loving peoples. Too long have forces of good been lying dormant with the consequence that evil has triumphed everywhere. The time has come for men of all colours and creeds, wherever they may be, to wake up, mobilise and go into action in the cause of these principles and values without which life is meaningless. The Indian community, true to its genius, has taken the lead in this tremendous task of reconstructing human society on the basis of freedom, equality and justice.

The present social system of South Africa is based on the concept of the Dominant and the Dominated. All history teaches us that such a system cannot endure forever. Contrary forces inherent in the universe begin to corrode such structures and, in the course of time, to cause its collapse. Such forces are already at work in South Africa and realising this those in power are desperately trying to avert the Day of Reckoning or to prolong it as much as possible. Hence these series of anti-Asiatic laws aimed at the Indian community, much the same way as the Africans have been reduced and kept in a state of poverty, ignorance and semi-slavery by a series of Acts such as the Native Land Acts of 1913 and 1936. The present Asiatic Land Tenure Act, together with countless other Acts, is of the same pattern and designed to bring about the same end. We know therefore what will happen to us in the near future — unless we effectively arrest this retrogressive movement. By our struggle we hope to achieve this object. In as much as evil and unjust principles affect all people, our struggle is also for the good of all others — for freedom and justice, as has often been truly said, are indivisible.

Our leaders have already taken the path that has led them to jail. But we know this to be just the first stop to our cherished goal. I am happy and proud to follow — until the battle for freedom is won

Mrs. Patel Suriakala , 19 July 1946

I have been tried here this morning on a charge of trespass. As a passive resister I plead guilty to that charge though I must make it clear to this Court that I did not in the least intend to commit a breach of any common law of this country. In occupying Resistance Camp at Gale Street and Umbilo Road we were merely protesting quicker against that pernicious Ghetto Law imposed upon my people against their will.

My people are denied any say in the government of this country. We are voteless and therefore had no voice in framing a measure which directly affects us. All our appeals for ordinary justice fell deaf ears. We did not ask for any special favours. We only asked to be treated as citizens of South Africa enjoying democratic rights. Even our appeals for a Round Table Conference between the governments of India and South Africa — the two governments which had on all previous occasions consulted one another on matters affecting us-were unheeded.

Field Marshall Smuts piloted the Ghetto Act through Parliament in the teeth of strong opposition by my people here and India, and the Indian people of South Africa have chosen this of registering their protests against it.

In passing sentence against me. Sir, you are not condemning me but all the freedom-loving people of the world, the freedom for which millions sacrificed by giving up their lives in the last war. It is not I, Sir, who stands on trial in this Court today; it is South Africa that is on trial.

We shall go on resisting until every member of my race is allowed to enjoy that freedom which we hoped would result from the war. In going to gaol, I go in the happy thought that I am only doing my duty as a humble soldier in following in the footsteps" our national leaders who are already behind prison bars.

"Long Live Resistance" has become the cry of the Indian people throughout the length and breadth of South Africa and I can only but echo that cry.

Long Live Resistance!

Moulvi Ismail M. Saloojee, 20 July 1946

Sir, many of my people have already appeared before Court since passive resistance began and I wholeheartedly agree all the things they have said. In addition I wish to state that Muslim Moulvi. My religion, Islam, preaches the liberty and brotherhood of man. It not only preaches these ideals shut has ac put them into practice and has completely abolished any distinctions of superiority or inferiority as between man and man whatever their colour or race.

My Koran teaches me that God has at all times used man as an instrument to destroy oppression wherever it was found. Whether it was the Pharaohs of ancient Egypt, the Czars of Russian of the past, or the Hitler of Nazi Germany of yesterday, they all met their end when faced with the forces of right and justice.

I do not regard the Asiatic Land Tenure and Indian Representation Acts in any different light. I regard them as instruments of oppression no different to the oppression of Pharaohs, the Czars or then and just as the oppression of these tyrants of the past attempted to destroy what God had created so also are the seeds of destruction contained in this Act as far as my people are concerned. I therefore regard it my sacred duty to oppose the Asiatic Land Tenure Act and l have chosen the weapon of passive resistance for this purpose.

I appeal to all lovers of freedom and those who believe in the brotherhood of man to do everything possible to make the weapon of passive resistance a success. In its success as an instrument to destroy brute force lies the salvation of humanity.

Dr Vallabhbhai Patel, 21 July 1946

For the first time I appear before this Court as a passive resister fully conscious of my responsibility to my people. Like hundreds who have preceded me and are at this very moment languishing in prison I desire to protest against the inhuman and unjust Ghetto Act. This Act spells disaster to the economic development and cultural progress of my people in this country.

Having studied and lived for the past ten years in Great Britain and Ireland, I viewed South Africa from a distance as a land where there would be some resemblance of progress and democracy. Never have I been so thoroughly disillusioned. On my return to South Africa I greeted with the Ghetto Act and other forms of racial discrimination.

I realise now how foolish I was to believe in the declaration of Field Marshal Smuts. The promised new era has not yet dawned on this Dark Continent. There can be no peace on earth until equality is fully and finally established amongst the different races that inhabit this globe.

A charge has been levelled that this struggle has been confined to a section of the Indian people contemptuously referred to as "common fry”. To this charge we have daily given, and will continue to give a fitting answer by the representative character of our passive resisters.

Doctors, lawyers, priests and above all workers will continue to come this Courtroom in order to vindicate the rights of my people and. The honour and dignity of India.

I am convinced, more than ever before; that this unequal struggle will triumph in the end and justice will prevail.

I stand humbly before you with the declared code of a true Satyagrahi to sacrifice and to suffer for the cause of my people. It is not me. Sir, you are judging and condemning, but all the freedom loving people of the country — nay, of the whole world.

In conclusion let me say that so long as injustices prevail my people will continue to resist.

Long Live Mahatma Gandhi!

Long Live Passive Resistance!

Jai Hind !

K.T. Soni, 21 July 1946

... I now appear for the third time and am proud of the fact that I am going to join my fellow resisters who are already in jail Mahatma Gandhi has said that it is better to suffer in jail than accept this obnoxious Act. The national leaders of the Indian people Dr Dadoo and Dr Naicker, wholeheartedly supported by the mass of the Indian people, launched on a passive resistance campaign against the Asiatic Land Tenure and Indian Representation Act and as a self respecting Indian I regard it my duty to be in the front line of the struggle ... I am prepared to suffer the maximum penalty.

We shall resist!

P. Simon, 24 July 1946

I am a factory worker. Immediately the call to volunteer the passive resistance campaign was made, I joined up because believe in the injustice of the Ghetto Act...

Long have the Indian people of this country-tolerated racial discrimination. The Ghetto Act is the last nail. We have made up our mind and we are determined to oppose it whatever the cost this determination which makes my people to court imprisonment day after day ... It is better to suffer in this way than to suffer humiliation by means of racial discrimination in almost everything in our daily life.

I wished to be included in the first batch of volunteers-unfortunately I was taken ill and have just come out of the McCord Hospital.

As a passive resister, I am ready to suffer the maximum penalty.

We shall resist!

P.A, Pillay, 26 July 1946

I am Head-teacher of the Sirdar Road Temple School (English), Head-teacher Shree Siva Soobramoniar Temple School (Tamil), Inspector of Greenwood Park Senthamil School (Tamil)...

Sir, this Court may have sentenced many a robber for having robbed his fellow men of their possessions. I make bold to say that the South African government, in robbing us of our human rights, has acted no better than any common robber. We are denied the right to live as free men and I, a teacher, have also made up my mind to join my leaders in the fight against the Ghetto Act. We would sooner suffer the rigours of the law rather than meekly submit to the Ghetto Act. Like Nazi Germany, South Africa is trying to isolate itself from progressive forces of the world. No nation, no country can afford to act in this manner without dire consequences to itself. My people are determined that the struggle against the Ghetto Act should go on no matter what the penalty and I go to jail to join the 278 others in the happy thought that I am carrying out my duty to my people... Like my fellow resisters already in jail I ask for the maximum sentence. We shall resist!

Mrs. Gadija Christopher, 28 July 1946

... This defiance does not merely mean to us a transgression of the law but a protest against a system which reduces the people of colour in this country to virtual helotry. My intention, when I went to Resistance Camp, was to draw the attention of the world to iniquity and the evil of this law by courting imprisonment and the suffering which such imprisonment necessarily entails. I, like my other comrades, am not afraid to suffer because I know my cause is just and that such things as freedom, liberty, and the right to live wherever one chooses are not mere academic terms. They are real and concrete and they must be allowed to thrive and to flourish, or else the state heads for Fascism and tyranny.

I, for one, am fully conversant with the social conditions of my people amongst whom I have done years of social work. I have against evils which have resulted from an economic system is erected on a false basis, and which does not allow for the fact all people, whatever their race, class or religion, should have equal opportunity to develop their talents and their skills the full and at the same time to live without fear of want or insecurity I have seen the distress of the underprivileged groups of my people and when I read the provisions of Ghetto Act I shudder to think many more times worse will living conditions become. As it is things are bad but this distress will be multiplied many more times if this Act is allowed to remain on the Statute Book. Whatever the European people who try to justify the Act might say about its affecting a section of my people, that can never be true for as time goes by the Act will hit the poorer sections of my community most. Broadly speaking, this Act confines us to zones which will ultimately lead to ghettos, slums and locations...

I feel that if the Indian people are to prevent they degenerating socially and economically, then they must fight against the Ghetto Act. My appearance before you here is part of that fight and whether I am jailed or not will make no difference to our determination this regime based on colour shall be ended.

Jack Govender, 29 July 1946

I am a factory worker. The Ghetto Act applies to me just as much as any other member of the Indian community. It is an Act which relegates my people to an inferior status. The rich as well the poor are equally affected by it. The Indian community has unanimously resolved on a campaign of passive resistance against this unjust Act. The national leaders of our people are already in prison. The duty of every self-respecting Indian is to follow their example courting imprisonment I have done nothing more than carry out THAT duty ...

P.M. Pather, 30 July 1946

I am a jeweller by trade. I appear before this Court as a mark of protest against a racially discriminatory measure known to people as the Ghetto Act. The Act brands the Indian people inferior race and relegate us to special areas. It is an insult not only to the Indians in South Africa but to the four hundred millions inhabitants of India and the six hundred million in China and Asiatic races of the world are affected by it...

L.F. Williams, 2 August 1946

... It has often been said by the European press of this country and by the government authorities that only certain sections of our people are concerned in this opposition to the Ghetto Act despite the fact that merchants, professionals, working men, housewives, ex-servicemen and students are already behind prison bars. I represent yet another section of our people — the teachers.

Having been Organising and General Secretary of the Transvaal Indian and Coloured Teachers' Association for four years, I can assure this Court that even though we as teachers have an important role to play in society, we too feel and know the injustices that are being done to our people, by the enactment of such racial laws as the Ghetto Act.

We, as teachers, are not only concerned with teaching our children, but we are also interested in the future of these young people who are under our care. We believe that the Ghetto Act, like other discriminatory measures in the field of education, such as the discrimination in the subsidies granted by the Union government, and the lack of legislation making education compulsory for Indian children, is aimed at killing the future of these young people, who have done no wrong but are looking forward to a free and happy future without insults and restrictions. Our children do not want to grow up with the humiliation that they are not wanted here or there for that is what the Ghetto Act means in effect. Indian children have fully realised the implications of this Act, for, on more than one occasion they have refused to attend school as a protest against the injustices meted out to them. I would like to assure this Court or any other Court, nothing will daunt the spirit of our resisters and they will continue to come from all ranks, young and old, men and women, and even children. Only the repeal of this obnoxious legislation and the full and free citizenship of our people will subdue the resistance we have undertaken.

I further want to protest on behalf of my community and the resisters that have been sentenced before me, against the attitude taken by this Court in disallowing some of our resisters from wearing the national headdress. This act of sin by this honourable Court is nothing short of trespass against our religion — a trespass that has not been tolerated by even higher tribunes in this very Province.

I.E. Bhayat, 8 August 1946

... Our fight is against the Ghetto Act and against all racially discriminatory laws. We are tired of seeing that hated sign, Europeans Only", wherever we turn. It is a sign that stares us in every walk of life. South Africa parades to the world as being democratic country and yet denies the very elementary rights of citizenship to nine-tenths of its population. Colour of a man has become the sole criterion to judge human beings in South Africa. It is colour which prohibits our entering skilled trades. It is colour which prohibits our entry to such professions as architecture, accounting and surveying. It is colour that prohibits our entry into the civil service, and it is colour that is responsible for the haled Ghetto Act and communal franchise. We have decided once and for all to fight all such colour legislation. Our weapon is passive resistance and we are prepared to suffer imprisonment rather than submit to such discriminatory measures in this the twentieth century. I am prepared for any sentence for any sentence you are about to pass.

Mrs. Zainunnisa ("Cissie") Gool, 14 August 1946

...I deliberately broke the law but I did not do so as an irresponsible individual. Like my fellow resisters I have caused no harm to person or property nor have I disturbed the public peace,

I broke the law as a conscientious passive resister in active l protest against the Asiatic Land Tenure and Indian Representative Act, the latest perpetration of injustice against the totally voteless and defenceless Indian people. I with my fellow resisters as fighter for justice, was determined to challenge the government's right to enforce such inhuman legislation, and I, as a non-European woman without a vote and the right to legislate in the interest of my own people, am forced to seek the Resistance Plot, the Court and the prison in order to state the cause of the non-Europeans and vindicate the honour of my people. Ever since the conquest of South Africa the vast majority of non-Europeans have been ruled by a white oligarchy, which has legislated entirely in its own interest toll the non-European people. Force of arms, political power, and enforcement of countless colour bars and repressive measures have kept this white minority group in power. Up till today no less than 65 government measures have been passed against the Indians alone in South Africa, and the crowning injustice came on the 21st January 1946 in the form of the Ghetto Act, which intends to place the Indians in the same political and economic position as their unfortunate African brothers. The Europeans are daily strengthening and enhancing their position by usurping more and more political power, by appropriating more and more land and trading rights to themselves, while the position of all non-Europeans is being systematically reduced to one of economic slavery and serfdom. The country is being divided into white and black camps consisting of the privileged and the oppressed, the landlords and the landless, masters and servants, freemen and political slaves. Such a state of affairs cannot go on. Unless a halt is called to this policy of racial intolerance and persecution, the country must inevitably in time to come drift towards economic ruin and civil war.

The duty and function of the government must be to preserve the peace and protect the lives of its subjects against oppression. By the passing of the Ghetto Act the government has itself become an instrument of oppression and tyranny. The Indians of Natal and Transvaal have chosen this Act as the commencement for a determined campaign for their freedom, and the ultimate eradication of segregation in South Africa. Today I am charged with breaking the old regulation in [Natal Law of Trespass] which is more honoured in the breach than the observance. I am an innocent offender. It is the government that by passing the Ghetto Act has criminally trespassed on the valuable rights of thousands of unprotected Indian citizens. It is the government that by a few strokes of the pen has robbed people of their dearly prized rights to live trade and acquire property where they wished. It is the government that must stand condemned at the bar of social justice and human decency. I shall accept my sentence, whatever it is with pride, conscious of the fact that I am merely discharging my duty as a fighter for freedom and knowing that the government will soon have to answer before the tribunal of the oppressed people for the long list of crimes which it has perpetrated in the name of justice and democracy. I know too that before long the freedom loving and democratic magistrates will refuse to act as the hangmen of the liberties of their fellow men. We shall resist!

Joshua Fritz Makue, 21 October 1946

You may wonder why I, an African, appear as a passive resister to protest against what has commonly come to be known as the Indian Ghetto Act. My answer is that we appear here today to shown solidarity with an oppressed section of our population. Being discriminated against and oppressed ourselves, we know what such racial discrimination means. I congratulate the Indian people for having started this fight against oppression. I am confident that the day will soon dawn when all the non-European people will unite against the common injustice to people of colour in this country. When such a time comes, we sure that fair minded Europeans like Mr. Mayes here will be with us and that together we shall be able to wipe out, once and for all, racial legislation and thus lay the foundation for a united and happy South Africa. Until then, we are prepared to suffer.

•  Passive Resister. Johannesburg, 21 October 1946. Mr. Makue was from Germiston. He was a member of a batch led by A.H. Mayes of Germiston which included three other Africans: Eric Mlangeni, Simon Keitsane Johannes Nyembe.

Statement by Dr G.M. Naicker and Dr. Y. M. Dadoo, when charged with aiding and abetting under the Immigrants Regulation Act of 1913, 26 February 1948

Your Worship,

We are charged with the offence of contravening Section 20 (r) of the Act No. 22 of 1913 in that we did wrongfully and unlawfully aid or abet certain Asiatic persons in entering the Province of the Transvaal from Natal knowing that the said persons were prohibited in terms of Section 4 (a) read with the Minister's Minutes of the last August 1913, from so entering. We would like to deal first Minister's Minute of the 1st August 1913.

It is our submission to the Court that the said Minutes which deems the entire Indian community on economic grounds to be unsuited to the requirements of any particular province of the Union is not in keeping with the spirit, if not the letter, of the said Section 4 (a) of the Act No. 22 of 1913. It is inconceivable that the legislators in empowering the Minister to deem "any person or class of persons on economic grounds or on account of standard or habits of life to show unsuited" could have in mind deeming a whole community with varying economic groupings or differing habits of life to be unsuited. It is therefore reasonable to presume that the then Minister exceeded his powers in deeming the whole Indian community to be unsuited. In this contention we are fortified by the dissenting judgment of the learned Justice Rose-Innes in the case of Rex vs Padsha (. A.D.) 1923.

Or alternatively, we submit Your Worship, that if any such grounds existed in the year 1913, no such grounds exist in this year 1948.

During the passage of thirty-five years, since the Deeming order was issued by the Minister, the Indian community of South Africa, despite the very limited field of opportunity allowed it by scores of restrictive laws, has made an officially recognised contribution the economic development of this country.

In this regard, the Union government in the Agreement concluded with the government of India in the year 1927, known as the Cape Town Agreement, "recognises that Indians domiciled in the Union are prepared to conform to Western standards of life, should be enabled to do so." By virtue of these recognitions, the Minister's Minute of 1913 is rendered obsolete and out-of-date and can have no bearing today on bearing today on the intention of the legislators in framing sub-section 4 (a) of the said Act.

Now returning to the charge of aiding and abetting, we submit, Your Worship, that our only offence is that of putting into practical effect the assertion of the Union Prime Minister, General Smuts made so forcefully before the 1946 session of the United Nations Assembly that South African Indians are Union nationals. The Minister of Interior, Mr. H.G. Lawrence, reiterated this assertion at the 1947 session. If we are Union nationals, then it is but reasonable and accordance with natural justice to exercise the most elementary right citizenship, that of freedom of movement within the boundaries of one's country of birth. Any denial of such basic human rights would only make a mockery of democracy and democratic principles.

The crossing of the provincial borders in wilful defiance of Act 22 of 1913 constitutes the second phase of the passive resistance struggle which is being conducted by the Indian community under the aegis of the Joint Passive Resistance Council of the Natal and Transvaal Indian Congresses against the Asiatic Land Tenure and

Indian Representation Act of 1946, the Ghetto Act. During the last 20 months over two thousand gallant men and women resisters all races have courted imprisonment. They preferred to suffer rigours of gaol life rather than submit to unjust and undemocratic laws. Your Worship, it is in this great cause and noble struggle we call upon volunteers to cross the border and bear the penalty the law. We consider it an honour to do so.

The passive resistance struggle which we are conducting is based on truth and non-violence. It is associated with the name of one of the greatest men of all time, Mahatma Gandhi, on whole death in tragic circumstances just a few weeks ago, the whole world wept. Among the millions of men who paid their last tribute to this can great soul was Field Marshal Smuts, the Prime Minister of South Africa. Mahatma Gandhi was the father of our struggle. Gandhiji too defied the unjust laws of South Africa and suffered imprisonment for during the 1906-1914 passive resistance campaign,

This is the man whom Field Marshal Smuts referred to as a Prince among men". This is the man — the pilot of India's march to freedom — who is the source of inspiration of our just struggle for democratic rights in South Africa.

This struggle of the Indian community against the Ghetto of 1946, against the provincial barriers and against racial discrimination of all kinds is part and parcel of the struggle of the whole non-European and democracy-loving peoples of South Africa to turn this country into a genuine democratic State in which our multi-racial population will live and work in harmony.

It is in view of these considerations that we are pleading guilty to the charge. We are willing to bear the full penalty of the law. Our bodies may be incarcerated but our spirits cannot be crushed. It is the spirit of freedom which lives in the hearts of the oppressed. It is the spirit which seeks to do away with racial discrimination and herrenvolkism. It is the spirit — deep-rooted in the heart of every non-European, generating the urge for a better life. It is the spirit that alone can deliver the people from colour bondage in South Africa and make this land a happier place for the generations

We Shall Resist!