JT Gumede - Lloyd George, 1 December 1919 .

INTRODUCTION

An important thrust of this chapter concerns the struggles within Black politics over methods used to oppose the momentum towards ever harsher modes of racial segregation and autocratic political rule. The two central issues were the Native Land Act and the Native Administration Act of 1917. What wereGumede's views with regard to this legislation and how did he stand up to British betrayal and the White monolith? Historians have shown that this period was also crucial for new socio-economic and political ideas: from Gandhian struggles to militant strikes, Shembe-ite Christianising sects in Natal to socialism and communism in Southern Africa. How did Gumede respond to all these developments? How did he succeed in rising to prominence in both the NNC and the SANNC during this period? These and other related questions and issues call for investigation and analysis.

GUMEDE AND THE COMING OF UNION

Gumede's political consciousness had reached new heights before the establishment of the Union of South Africa. Aware of the excitement among Whites about the opening session of the National Convention which was scheduled for Durban on 12 October 1908, Gumede had taken the initiative to call for clarity on the position of Africans in their native country:

We wonder what our position is going to be and doubt very much if unification will bring about any change or a better and sympathetic government of the natives . 176

Gumede had little reason to be optimistic about Africans' future. Even at the opening session Frederick Moor took an unyielding stance that his government did not favour the uniform application of a colour-blind franchise.

On the contrary, the Natalians wished to see the colour-bar restrictions on political rights in the Transvaal and the Orange River Colony enforced throughout South Africa. 177 Moor warned that the Africans should not be placed in a political position where they would have a say in legislation regarding Whites. For Gumede, the publication of the draft constitution of 1909 signalled that Africans' interests were being ignored. While the revised draft of the South Africa Act received the overwhelming approval of Whites, nearly all politically conscious Africans denounced it. Despite all the odds, Gumede seemed determined to continue to press that Africans's aspirations be addressed. The plight of the two Sotho tribes took up most of his time and energy throughout 1909-1910. Following the failure of the African deputation to England in 1909, Iliso had ceased to meet on a regulary basis. 178

Gumede rejoined the Pietermaritzburg branch of the NNC in 1910. Another NNC branch was formed in Durban under Dube. There was practically no working relationship between the two branches. Selby Msimang recalled that there were real differences between coastal and inland Africans in Natal. 179 The division was aggrevated by personal differences between Gumede and Dube.

Fortunately the launching of the South African Native National Congress (SANNC) in January 1912 paved the way for the unification of the two NNC brances. 180 In accordance with the resolutions passed at the SANNC Convention in March 1909, Dube, SANNC president, sought closer ties with the Pietermaritzburg branch of the NNC. The Durban and Pietermaritzburg branches pledged their willingness to merge at a meeting in Pietermaritzburg on 19 April 1912. Gumede was appointed to the new Executive Council.

Enjoying a sound command of English and several African languages and as a legal advisor who had visited England twice, Gumede was well equipped for the challenge of his new position. One of Gumede's first tasks was to represent his new organisation at the first meeting of the Congress Executive Committeein Johannesburg on 31 May 1912. 181 In comparison to its small constituency in Pietermaritzburg, Gumede witnessed the large scale African support for the mission of the SANNC on the Rand. Three thousand Africans attended one of the meetings in Market Square to listen to the Congress leaders. 182

Angered by the colour bar of the South Africa Act, Gumede faced another challenge when the revised Regulations regarding "Government-aided Native Schools" in Natal came into effect on 1 April 1913. The Regulations placed new restrictions on the age limits of African pupils in the lower classes as well as on the employment of African teachers in the higher classes. African teachers in Natal rejected the discriminatory regulations and set about rallying opposition groups. A qualified teacher, Gumede was included in the deputation elected to present their grievances to the Inspector of African Schools in Pietermaritzburg on 15 April. Delegates complained about:

1. The age restrictions of pupils in Class 1 schools . 183 2. Clause 4 of the Regulations which specified that only European teachers would be recognised in Class 1 schools . 184

Delegates also appealed for African teachers to be allowed to teach the higher classes, namely Class 1 pupils. But all their appeals were in vain. The inspector was determined to handicap the pace of African education. In a typically paternalistic manner, the inspector replied that the new regulations were made for the "benefit of the natives". 185 The deputation was unable to persuade the inspector to amend the revised regulations.

More importantly, many European missionaries appeared unwilling to support, let alone popularise the cause of the Africans. Writing to Izwi La Kiti, an African teacher claimed that missionaries were not doing enough to help the Africans. 186 Zulu traditionalists continued wariness of Christianity should be seen against this background. Where the church had made an impact was in separatist movements, in particular the Church of the Nazarites, founded by a one-time Baptist minister named Isaiah Shembe. With its emphasis on traditional Zulu values and its nationalist core, the Shembe-ite movement appealed to tribal people desperately seeking substitutes for their fastdisintegrating culture. In the absence of evidence, we can only speculate about the influence of the Shembe-ite movement on Gumede. As he was an educated Wesleyan convert, Shembe's apocalyptic message, that the world was shortly to come to an end did not appeal to Gumede.

Meanwhile Gumede was experiencing serious personal problems. His marriage was coming to and end. Josiah sued for divorce but this was opposed by Margareth. 187 Consequently Josiah opted to leave home and started a new relationship with Lilian Mgqogqoza. On 1 March 1914 Lillian gave birth to Archibald (Archie) who was to play a significant role in Natal and South African politics. These were years of heavy emotional toil for all parties concerned. Government officials initially threatened Josiah and Lilian with prosecution. Although information is lacking, it may be possible that Josiah's official complaint against Dube for defamation of character in 1915 could be linked to his relationship with Lilian. 188 But despite the personal adversities suffered by both families, Gumede was determined to speak out against theNatal government's maladministration of African Affairs.

HAVE YOU SEEN THIS BILL? GUMEDE AND THE NATIVE LAND ACT OF 1913

It was in the arduous struggle against the Native Land Act of 1913, that Gumede distinguished himself as an important spokesperson for dispossessed African communities in the Free State and Natal. The Land Act was one of the most important pieces of legislation which the Parliament passed. 189 In addition to the introduction of the principle of territorial segregation whereby Whites were guaranteed the right to own 93% of all the land in the Union, the aim of the Act was to prohibit land sales to Africans in areas outside designated Reserves, allowing Africans only about nine millions hectares. The Land Act, according to Feinberg, was not retroactive: African landowners were not required to give up land which they owned. 190

Initially, Gumede did not reject the Land Act out of hand since it held out the possibility of a reserve for the two Sotho tribes. The Africans' dilemma with regard to the Land Act was well addressed by Gumede in one of his first letters to Izwi La Kiti. Gumede drew readers' attention to the contradictory voices of African leaders concerning the new legislation, namely those expressed by Dube in Natal and John Tengu Jabavu in the Cape. Surprisingly, Gumede avoided expressing his personal opinion about the Land Act. Instead, having acknowledged that he knew very little about the Bill, he posed certain questions to the leaders and readers:

What do you say? Have you seen this Bill? How many meetings have you called to discuss it and to think about the good and bad sides of it? What do you say about the lands of the chiefs? Where is the NNC who are going to teach us about this Bill which is before Parliament? 191

On 18 June 1913, Gumede attended a SANNC meeting held in Vryheid, where the Bill was rejected in no uncertain terms. Tatz argued that Africans in the Free State had a special grievance in that many of them had for years, some for their lifetime, lived as independent tenants under the share-system on private lands and now were threatened with sudden and summary eviction. 192 Although Gumede's speech was not reported, the meeting passed a resolution expressing its support for the efforts of Dube and the deliberations of the proposed SANNC meeting of 21 June. The SANNC meeting at Johannesburg on 21 June appeared to be a turning-point in Gumede's interpretation of the Bill. More than 200 delegates gathered to listen to Dube's report and to consider tactics now that the Bill had become law.

Congress resolved to protest to the Secretary of State and to appeal to Lord Gladstone to withhold his assent to the Act. 193 Apart from a few exceptions, like Jabavu who believed that, as a liberal, Sauer would not let the African down, 194 the majority of Africans rejected the new legislation. 195 Giving vent to Africans' fears and grievances through the press, Gumede challenged the government to ensure that Africans' interests would be safeguarded.

Realising that his own integrity was at stake, Gumede tried to avoid the fiery and rash outbursts which had greeted the initial Bills. In a letter to Izwi La Kiti, Gumede argued:

I must admit the fact that the Union Government has before it, for the first time, a very difficult Bill to deal with and that the trusteeship over the Natives, they acquired from the Imperial Parliament, is telling. The Union Parliament should remember that our natural rights as human beings must be respected as an honour to the Government; that Queen Victoria was greatly honoured and loved by all native races in the British Empire because of the British good native races' policy. It shall grieve us deeply if this Land Bill passes both the houses of Parliament as a measure depriving us of our natural rights and our long enjoyed rights we received from Queen Victoria. We, the natives of the Union Government of South Africa expect to be treated as subjects not Aliens; both the Parliamentary Parties keep to their election manifestos that natives be properly and permanently settled on the land in all the provinces of the Union. The large number of landless natives appeal for immediate action to settle them on the land as evictions from the owners of the land began from the date when the text of the Squatter Bill appeared in the press. We were never consulted by the various Governments of South Africa on this unification, otherwise the verdict would be for federation or for the Crown. 196

Underlying Gumede's letter was the false hope that the Government would fulfil its promise "to make full legislative provision for such gradual expropriation of lands owned by Europeans within defined African areas and for the acquisition of land within such areas". 197 Gumede was convinced that such measures would be the only way in which the goodwill of thousands of Africans throughout South Africa could be restored. Izwi La Kiti protested in similar tone that, "nothing has been done on the part of the government to elicit native opinion on the important Bill which has been rushed, with startling rapidity, through Parliament". 198 But the Louis Botha government remained committed to ensuring whites' political supremacy and domination over Africans and their soil.

Following the passing of the Bill in both houses, Gumede, for the first time, openly rejected the Land Act. In July 1913, he took the initiative and, in a letter, appealed for a convention "where all the executive committees of all the organisations of the people must meet". Interestingly, Gumede challenged Jabavu, "who tells us that there is something good about this Native Land Bill", 199 to chair his proposed convention. The aim of the convention would be to prepare the way for "petitioning the government here and overseas, that the Bill must be removed". Gumede also reminded readers that the Land Act followed hard on the heels of the Colour Bar in the South Africa Act of 1909. He concluded his letter with a rather optimistic appeal for a new South African constitution "which can satisfy all of us". 200

To the Botha Government, Gumede's appeal for "power-sharing" was mere wishful thinking. At the heart of the Union Government's policy was a callous disregard for the political rights of Africans.

However, to Africans throughout Natal, Gumede's appeal offered a ray of hope. Izwi La Kiti considered the Bill as a measure intended for the benefit of Europeans:

Past experiences do not suggest to us any other possibility. We have seen lands delimited in the past, always for the benefit of Europeans, and to imagine any other reason for a new Land Bill was impossible. Some natives will have to move off lands they long have occupied. Further taxes will be added. To the Europeans this may appear reasonable, but to the natives it will only appear to be a plan for extracting more money from them . 201

In response to Gumede's appeals for more meetings, Chief Mini convened a NNC meeting in Pietermaritzburg on 15 July 1913. Gumede's letter of 9 July revealed that Dube's earlier attempt at uniting the two Natal Congress branches had not stood the test of time. Referring to this division on the eve of the implementation of the Land Act, Gumede contested:

I see a big danger which is in front of us about this division. The Native Land Act has passed through both houses of Parliament but we never accepted or opposed this Bill. We must start by forming ourselves into a unified whole so that our efforts will carry weight to those who are the rulers of our land. I am crying for unity in Natal so that the name we speak for, can have power . 202

In the absence of Dube, who was pressed by preparations for the SANNC meeting in Johannesburg on 25 July, Gumede played a prominent role at the NNC meeting of 15 July. He called on the government to explain the new law to the African people, "word by word and chapter by chapter". Gumede was also disturbed by the fact that "the chiefs of the land and schools have not said anything" about the Land Act. Addressing the growing number of evictions in Natal, he appealed to his people:

We must stop playing. A request must be made to put everything through prayer before Parliament. The Government and Parliament will through this law create for people other places for building; if it does not do that, as others do not trust that, the judges are there, we can lodge a complaint.

The meeting passed Gumede's resolution "that three representatives be elected to go to the Native Affairs department to report about the people who have been removed by farmers". 203 Gumede was aware that the Land Act was a major weapon in the white landowners' hands. He was angered by the growing number of evictions of African families from lands they had occupied for generations. 204 Dube reported eighty cases of hardship to the Native Affairs Department. Izwi La Kiti sharply criticised the implementation of the Act, arguing that the people who were affected by the Act, were people who had been "solemnly promised that their land would never be taken from them". Izwi La Kiti reported the Africans' fear of further dispossession of their land:

Since the Anglo Zulu War in 1879, large tracts of land in Natal and Zululand had been delimited for European occupation. Consequently, there were large sections of the African communities living with no confidence in the good intentions of its rulers - which resulted in a deplorable and dangerous situation . 205

Meanwhile, the first signs of misunderstanding between Dube and Gumede over the provisions of the Land Act surfaced. Following Gumede's speech at the NNC meeting of 15 July, Dube's newspaper, Ilanga Lase Natal, alleged that Gumede was supporting the Land Bill. 206 Gumede was alarmed by these allegations. Opting to debate the issue in the press, he claimed:

I showed my reasons why this Bill is good and I also showed the bad sides of it. This is not bad thinking. You have to find the views of everybody. Dube, stop saying people must look at me, because I have answered in front of everybody at the meeting. Even Shaka would not have punished a person for speaking out in public. It pains us to see the leaders of the people being afraid to come together and discuss the difficult issues facing our land . 207

In a less conciliatory tone, Gumede declared that it was "painful to see so many people in the last NNC meeting but the president (Dube) and Saul Msane failed to turn up". 208 They were supposed to explain the Land Act and to answer questions from the people. Turning to the clauses of the Act, Gumede contested that Dube was wrong to allege that the Act prohibits the buying of land. "I have read", claimed Gumede, "that we are not prohibited from buying land". Emphasising the Africans' contradictory viewpoints about the Land Act, Gumede called on the editors to translate the Act in its papers "so that the people can read the Bill". He concluded that the people should ask the government about vagrants, the landless and places for building shelters.

Gumede also advised the chiefs of Zululand to "go to Miss Harriette Colenso to ask for advice about the Bill". 209

Congress discussed the Land Act at a special meeting in Johannesburg on 26 July 1913. A set of six resolutions was passed which, inter alia, made provision for an appeal to the Imperial Government for the repeal of the Land Bill, and the extension of the franchise to the northern provinces. Gumede strongly opposed Congress's decision to send a deputation abroad:

These are the views of men who are angry. We don't know what will happen. We must look at it (the proposed deputation) carefully so that it cannot bring about another danger. The kings who have made themselves part of this noise, have they forgotten that the Whites cannot be conspired against? Those towhom you will send representatives abroad, are they not Whites? Are they going to abandon the word of the Parliament in favour of yours ? 210

Explaining the implications of the proposed deputation to England, Gumede warned:

Those envoys will stoke the fire which has not been there and set the white against us. Do you trust that when you do things in an disorderly fashion, you are kicking away the Parliament of the Union? I am certain there is no black person who can cause white people to fight each other because of him alone. Be careful not to put our land into slavery and kill it instead of saving it. Suppress your anger and calm down . 211

It appears as if Gumede was unwilling to support the deputation to Englandfor fear that this would alienate support from missionary and liberal circles in the country. Underlying Gumede's anti-deputation stance was a misplaced confidence that the Africans' grievances would be resolved by appealing to the conscience of the all-white Union Parliament. Furthermore, Gumede misinterpreted the sending of a deputation to be an unconstitutional act:

We will be wasting money in sending a petition to England. Let us sit down and pray that Parliament and the state will soften the feared provisions of the Act. It will not help us to act in a disorderly fashion. We will only be saved by being humble and come closer to our rulers so that they have pity on us. If we are hot, they will be hotter . 212

Gumede's statements serves as a good example of a slave mentality and naivety. Interestingly, Gumede challenged Jabavu's supporters to respect the fears of people about the dispossession of their lands. Gumede concluded his arguments by appealing to people to wait for two years until the Beaumont Commission had made its report about the state of the country. Gumede's opposition to the ANC decision created a fiery outburst in the Natal press. Ironically, Dube was amongstthe first critics to condemn Gumede's arguments. Responding to Gumede's letters, Ilanga Lase Natal asserted that the Land Act prohibited the sale of land between Whites and Africans. Consequently, Ilanga Lase Natal called on itsreaders to support the ANC deputation to Britain. 213 Various individuals also strongly criticised Gumede's viewpoints. Tabekulu expressed his disappointment in Gumede for the latter's support of Jabavu and for speaking "like a white man". Tabekulu expressed harsh criticism of Gumede:

I say, brother Gumede, it is heartbreaking because your words are like a child who is learning to talk and who is told to say those things. You must not fool yourself since you are also black . 214

Selby Msimang and Elijah Xaba were equally outspoken in their verbal attack on Gumede, with Selby claiming:

I don't think we should worry about Gumede and Jabavu. Gumede's views tell me he is an uneducated man. Who is Gumede to think any good thing can come from this Land Act? 215

Despite the political and personal flogging he received in the press, Gumede fought back. Responding to Xaba and Selby's sentiments, Gumede defended his political stance, arguing:

Opposing the Union Parliament overseas would not be as easy as Xaba thinks it would be. It is not an easy thing to complain about one Government to another. Earlier missions abroad were all failures, especially the 1909 mission against the Colour Bar in the South African Act. 216

Gumede's stance against Congress's resolution to send a deputation abroad placed his own political career on the line. Fortunately for Gumede, during the course of time there were indications that Dube, the president, "was by no means wholeheartedly behind the deputation proposal himself ". Edward Dower, the Secretary for Native Affairs, who had a meeting with Dube, claimed that Dube was:

on the horns of a dilemma, his better judgement convinces him of the unwisdom of appealing to the imperial government, yet he has pledged himself to proceed to England and found it difficult to escape from this commitment . 217

As Congress raised the necessary funds to travel to England, the question whether to proceed with the deputation was debated in Natal's African newspapers. African and White readers joined Gumede in trying to dissuade Congress from travelling abroad. 218 Jabavu dismissed Congress's resolution as a "supremely laughable errand" and his Imvo editorials sharply attacked the northern extremists - Mangena, Selby Msimang and Pixley Seme - for raising a domestic issue in an international context. 219 Gumede was unable to attend the important Congress conference in Kimberley on 27 February 1914.

Chiefs Moloi and Mamogale's motion to delay the journey, pending the report of the Beaumont Commission, was defeated. The majority of the delegates endorsed the Executive Committee's decision of 26 July 1913. Willan argued that Dube had severe doubts about the wisdom of proceeding with the deputation at all and only did so because in the end he was left with no way out. 220 Undoubtedly, Dube's ambivalent attitude scarcely bode well for the future conduct of the delegates. Following the arrival of the deputation abroad, a reader of Izwi La Kiti maintained that "Natal Africans do not have any representation in England and that Saul Msane "does not have a mandate to represent the Natal Africans".

The reader said that the mandate was given to chief Mini and Gumede. 221 One of the embarrassing moments in Dube's political career was his early return to South Africa in August 1914 after it had dawned on him that Gumede was correct in his political prophecy about the success of the deputation to England.

The outbreak of the First World War in August 1914 as well as the pressing needs of his Ohlange Training Institute compelled Dube to return to Natal. His early return was greeted with disappointment. His deputation was a failure even in terms of its limited aim, namely to obtain a declaration by the British Government supporting any of their three propositions. The three propositions were:

  • 1. That clauses 1, 4, 5-7 and 10 of the Land Act be suspended pending the Beaumont Commission's Report.
  • 2. That the British Government encourage the SA Government to establish machinery for consultation with Native Opinion.
  • 3. That Botha's policy of segregation as outlined in Dower's letter to Dube should be given formal and public approval by the Imperial Government, or better still form the basis of an undertaking as a native policy by the Imperial and South African Governments. 222

For Dube there were no songs of praise. He had left the other delegates stranded in England without the necessary finance to return. 223

Of great importance was Gumede's continued involvement with the two Sotho tribes on the eve of the visit of the Beaumont Commission to the Free State. Here, legislation prohibiting Africans from purchasing land (Ordinance 5 of 1876) was strictly in force. Despite the failure of their deputation to England in 1907, Gumede had persisted in pressing the case of the Batlokoa and Bakhulukwe for their own Reserves. 224 Members of the two communities were scattered on white farms, with some living in the Witzieshoek reserve.

Victims of dispossession of their lands, the leaders of these two communities looked upon the Land Act as their last hope of land provision. In October 1913 Gumede convened a mass meeting in Harrismith which was attended by 400-500 members of the two communities. Having suffered severe hardship under the Squatters' Act, both communities sanctioned their earlier appeals to be granted their own Reserves. In November 1913 Gumede was commissioned to convey these requests to the Beaumont Commission when it visited

Harrismith. 225 Gumede testified that:

We are pleased to have been allowed an opportunity of coming before this Commission to express our views with regard to this Act. When the Union was inaugurated, we all entertained hopes that there would be a uniform policy adopted for the government of the natives. Now we find that in the Cape Colony, Natal and the Transvaal, we can purchase land anywhere we like, but that here we are restricted. Naturally, sir, we are alarmed and disappointed at the continuance of the disabilities under which we have always laboured. We thought that the time had come when Reserves would be allotted us like all the other natives in the Union. 226

Gumede impressed upon the Commission that the chiefs of the two communities "believe that the Act is a good one", and expressed the hope "that those who are homeless and landless should be allowed to find a home and settle down". He emphasised that the people were suffering through having to leave "masters whom they love, without any quarrel at all". These evictions led to great hardships. 227 Lethlatsa Maloi, Chief of the Bakhulukwe, who had also accompanied Gumede to England in 1907, added that "I want the Government to give me a small piece of ground where I can live and be protected by the Government". 228

T.J. Allison, the attorney for whom Gumede worked, was hired to petition the Government to provide Reserves for the two communities. After an unsuccessful meeting with the Minister for Native Affairs, Allison visited London in 1914 to negotiate with the Colonial Officials for Reserves for the two communities. Like Gumede in 1907, Allison returned empty-handed. 229

When the report of the Commission was published at last in 1917, Gumede and the leaders, having exercised great patience during the previous three years, were deeply shocked to learn that "the Commission does not see its way to recommend a special area to be reserved for occupation by these two tribes". 230 For Gumede, the Beaumont Commission report destroyed the last hopes of the Bakhulukwe and Batlokoa returning to their ancestral lands.

Gumede's antagonism towards the unsympathetic attitude of the Union government towards African land claims deepened.

Back in Natal, Gumede and Rev. Mnganga were commissioned by the Pietermaritzburg branch of the NNC to give evidence before the Commission in May 1915. In his introduction, Gumede struck a real "uncle Tom" approacht:

The setting aside of native areas by Sir Theophilus Shepstone during the reign of Queen Victoria was a very equitable measure. We cherish Shepstone's memory by reason of the good he did us then . 231

Gumede maintained that under Shepstone's rule Africans in Natal did not suffer "all the disabilities which we now experience". Gumede contested that, despite an increase in the African population in Natal, no additional lands were awarded. He conveyed the wishes of the Congress, namely that the African areas in Natal should be extended in order to address the question of congestion and overcrowding. With regard to Crown lands, Gumede testified:

The mission Reserves in the country are also largely occupied, and we would ask that the Commission consider the question of those Reserves. Before the Act was passed, we were allowed to buy and to pay rent on Crown lands, but we are not allowed to buy or even live there now.

Gumede quoted to the Commission comments which were made "to us natives in 1875 by Sir Garnet Wolseley, namely that he had found the people of this country living happily and contentedly, and prospering in every way". Gumede was roused by certain implications of the Land Act:

We are not allowed to buy land from them, we are not allowed to live on their lands except under certain conditions, and begin to wonder what we have done that the Government should treat us in this way. When the Government withdrew the right of the natives to buy Crown land we thought possibly they were doing so because they were setting aside other areas where we would be allowed to buy . 232

Referring to white agents' exploitation of Africans in private land purchases, Gumede argued that "it very often simply ends in the native getting into debt on account of being unable to carry out the terms of purchase". He expressed his gratitude on learning "that it is the intention of the Government to set aside areas where they will be able to buy land from the Government, not from private owners". Gumede pointed out that the new Land Act contributed directly to the growing number of evictions of Africans, some who had been living on those farms for many years. He placed approximately forty eviction cases in the neighbourhood of Pietermaritzburg before the Commission. He told the Commission that "these people are now wandering about not knowing where to settle". 233 He urged the Commission that it recommend as "native areas land on which we would be able to grow mealies, etc., and on which we would be able to graze stock". Furthermore, he appealed for the protection of the mission Reserves.

In conclusion, Gumede referred to developments in Zululand. The years after Dinizulu's death in October 1913 were desperate years for the royal house. The Union government refused to grant recognition to Solomon, Dinizulu's son and heir. Gumede's concern for the restoration of the Zulu kingdom was evident.

Most of us originated in Zululand and we would therefore ask that the whole of Zululand be declared a native area as it was formerly, and that it be governed in the same way as Basutoland, Pondoland, and Bechuanaland. We quite understand that the final decision in this rests with Parliament . 234

While the Union government was more concerned with the potential labour resources of Zululand, Natal colonists remained adamantly and vociferously opposed to Gumede's appeals.

Gumede's expectations of the recommendations of the Commission were ruined. Tatz claimed that the report of the Commission was disappointing to Africans since it was aiming "at uniform segregation in the interest of the White population". 235

GUMEDE AND THE NATIVE ADMINISTRATION BILL OF 1917

To Gumede the report of the Beaumont Commission was a great disappointment because he learned that the total area allocated to Blacks in terms of the 1913 Land Act comprised only about 10,4 million hectares. To appease Black discontent towards the Act, the Commission recommended the allocation of an additional area of approximately 8,3 million hectares which would bring the Africans' land area to a total of approximately 18,7 million hectares. Realising that segregation was to be implemented on the basis of grossly inadequate land allocation, Gumede not only rejected the Beaumont report but the subsequent Native Administration Bill of 1917.

The Native Administration Bill of 1917 proposed to take the principle of segregation a step further by separating African administration and legislation from European Affairs. 236 The Bill was designed to establish the basis of a uniform African policy in South Africa. It was based upon the Transkeian model of indirect rule through White magistrates and the issue of proclamations. 237

The provisions of the Bill disturbed Gumede. In February 1917 he attended a SANNC meeting in Pretoria where the Native Administration Bill was discussed in great depth. Congress accepted a resolution proposed by Dube, requesting the government to postpone the Bill until a year after the end of World War One. En route home, Gumede visited Harrismith and Bloemfontein in the Free State. Here he witnessed the hardships caused by the Land Act. Gumede claimed that hundreds of families had crossed to Bechuanaland from Thaba Nchu. Gumede reported that, "they left because they could not stand the conditions in the Free State". 238 At Bloemfontein, Gumede was informed that 300 Africans had applied for passes to go to Bechuanaland.

In Natal, Mini summarised the NNC's opposition against the Native Affairs Bill as follows: "nothing good will arise from the Bill". 239 The NNC held that the Bill took away from the people the rights which they had enjoyed for seventy years, especially the right to acquire and hire land. Mini and Gumede welcomed the opportunity to testify before the Select Committee. In his introductory statement Gumede condemned the Bill claiming:

The first Clause of the Bill prevents Natives from purchasing or hiring land, a thing which is unknown to us. I have only to refer you to the Proclamations of 1843 and 1848, which created one law for white and black in Natal, and that was the case until Natal went into the Union. The freedom and liberty of the Native, which he has enjoyed ever since Natal became a British Colony, is today being restricted. The white man is represented in Parliament, and his Parliament can restrict him, but Parliament is also restricting me without consulting me, and taking away my freedom and liberty - restricting me against my will . 240

Frustrated, Gumede raised the issue of the government's unwillingness to consult with the Africans over its native policy. Commenting upon chapter 2 of the Bill, namely the administration and legislation in African areas, Gumede

stated:

Our feeling is that this question is a very broad one. It is proposed, for the first time in the history of South Africa or of any other British Dominion, to separate the races, this having been agreed upon by Europeans through their representatives. We feel that if this separation must be done a Convention of the two races concerned is necessary to consider the question; two races that have lived together under different conditions for all these years. We beg to urge for this Convention of the two races to go into the whole question. Again, it is proposed to give the Commission powers and functions which are quite beyond the layman. Powers are given and work is assigned them which is more suitable to men who hold legal attainments - people who hold qualifications in law. Again the period of appointment is another objection. I do not think that three or six men would represent 7 million people. In view of the greatness of this matter as affecting the Native population we urge for a Convention of the two races. 241

In consequence, Gen. Hertzog wanted to know from Gumede how his proposed Convention would be called together. Gumede replied that:

We would leave it in the hands of Parliament. The members from each Province would be elected by the people to go to that Convention. If it is necessary that chiefs should also attend, and they were elected, it would be so much better. It could be done. Each Province should elect its own representatives.

Clause four which referred to the appointment of Commissioners had been a further cause of objection by Gumede. Gumede pointed out that:

Our objection is that it is made difficult to remove a member once he has been appointed. He might have been wrong in something, yet the Government would be impotent to remove him. Parliament is represented by parties and it may happen that a certain Commissioner may belong to a particular party and on his case coming before Parliament that party would hold he should not be removed.

Gumede also claimed that the five Commissioners, who would not be elected by Africans, would not know the needs of the Africans. Gumede

stated that:

As a rule Native people do not give their minds to Magistrates and officials. It is very hard on the Natives to go and see a Commissioner or a Magistrate who knows nothing of their grievances. We consider that the Natives would have no access to the Commission. It simply amounts to this: that the door is being removed for all time against the black man being represented in Parliament.

Gumede also aired his objections with regard to government by proclamation:

Government by proclamation will be a great hardship to the native people of Natal. It is a hardship inasmuch as government by proclamation is being specially made for the native people, and it would be liable to misinterpretation. It would not be such a great hardship if we knew it came from responsible people who have studied the ins and outs of the land, and the things that should be done and things that should not be done. Again, some laws would remain with the Commissioners for some time and when they come out there would not be sufficient advertisement of the laws. They will simply take people by surprise and it would not prepare the people for what is coming. When a law comes in at the present time we have a chance of discussing it and, as in the present case, make our representations before a Select Committee, and, in that way it is some source of satisfaction.

Furthermore, Gumede stressed that Government by proclamation would make it virtually impossible for the Africans to bring their grievances to the notice of the authorities:

Government by proclamation is unknown in the whole world. In the Transkei the people are represented in Parliament. In regard to people who are represented, if there is any proclamation which is contrary to their wishes they have their safeguard and remedy to get it removed. In our case there is no such safeguard. Government by proclamation under British rule was condemned long years ago. In view of that we cannot accept it. 242

Gumede's last point of discussion referred to the clause which stated "that people will be allowed to buy land when they are not more than five in number". Gumede argued that they did not understand the object of that clause, because it was clearly known that the Africans were a poor race, and that one man could not, as a rule, purchase ground by himself. Gumede felt that Africans should be allowed to purchase ground as they had done hitherto by the communal system. Chief Mini added that "we as Natives hope to stay together with the Europeans". 243

In summary, Gumede's extensive evidence clearly demonstrated his understanding of the true nature and significance of the Native Administration Bill for the Africans. Again the mission of preventing the passing of discriminatory legislation was a dominant theme of Gumede's testimony.

That he acted as a spokesperson for educated as well as the traditional Africans cannot be denied. He took a strong stand against the Bill which he knew was designed to enhance the powers of the Native Affairs Department. 244

Still Gumede remained optimistic that his and other African leaders' testimonies might persuade the government to convene his proposed convention where the Bill might be discussed in detail. However, Gumede was soon forced to realise that the government would refuse to heed to Africans' petitions.

The application of the Land Act of 1913 made land acquisition for Africans extremely difficult. 245 Gumede however was already sucked into the capitalist system. His position as interpreter for Allison and Hime's firm brought with it certain privileges: on several occassions the firm served as his surety and attended to his transactions. Gumede succeeded in purchasing at least six stands in Edendale for over £240 between 1916-1918. During this time he increased his substantial holdings in the farm Klippoort in the Dundee district. 246 He was also a member of the Bergville land syndicates of Rookdale, Crowfield, Second and Keswick. By 1918 Gumede was compelled to mortgage much of his Bergville property in order to pay his bond debts. 247

In addition to the NNC, Gumede was involved in other welfare societies.

In 1919 he was elected secretary of the Bantu Farmers' Union which, according to him, was founded "to acquire land and help others to acquire land and also to help the natives to work the land". 248 As a co-operative union, it also aimed to get as many Africans to join. By limiting the amount of land available for African purchase, the Land Act seriously undermined the work of the Bantu Farmers' Union in Natal. 249

GUMEDE'S ELECTION TO THE 1919 DEPUTATION TO ENGLAND

The period after the First World War was one of considerable industrial turbulence in South Africa which also affected the SANNC. The SANNC at this time still lacked a coherent theory on the character of African oppression; it had no comprehensive strategy for the struggle against the Land Act and the Native Administration Bill, and appears to have engaged in little formal activity beyond its annual meetings. Radicals in the Transvaal and Cape Town branches became increasingly desperate over Makgatho's unwillingness to take a stronger stand against Africans' exploitation. For brief periods between 1917 and 1919, the politics of the Transvaal ANC seemed to become more militant. However Makgatho made it clear that they would not advance by force or anger. At this stage of his life, Gumede and the NNC shared Makgatho's vision of peaceful, but inevitable political evolution. The victory of the Allied forces in the First World War in 1918 raised new hopes for the SANNC that an appeal to the British Government might bring about the removal of the colour bar in the franchise. 250 Consequently, Gumede attended an important special SANNC meeting which was convened by Makgatho in Johannesburg in December 1918. At the head of the agenda was the question of sending a second deputation to England. 251 Contrary to his strong opposition to the 1914 deputation, Gumede now approved Congress' proposed deputation to England. At the heart of his change in attitude was a belief that there was no prospect of securing a sympathetic response from the Union Government with regard to the Africans' quest for freedom and justice. He supported the resolution of the Congress to present a draft memorandum directly to the Governor-General, for transmission to the king. "The memorandum", according to Gumede, "focussed upon the Africans' grievances against the Land Act, the Administration Bill, the Native Urban Areas Bill, the disenfranchising of the Natives, the Republican proposal and the Pass Laws". 252

Congress initially agreed to elect nine people, two representatives from each province, and the president, M. Makgatho, to petition the imperial government. Plaatje and Gumede's nominations were welcomed by the SANNC. Both men's knowledge of British politics, their familiarity with conditions abroad, based upon their participation and experiences of earlier deputations, their contacts with influential English politicians and clergy, their expertise of legal matters and their command of the English language - were all regarded as vital to the success of the deputation. 253 Both Plaatje and Gumede's departure was delayed by lack of funds. On 16 April Gumede travelled to Bloemfontein to finalise his departure for England. 254 However, instead of proceeding directly to Cape Town, Gumede was obliged to return to Pietermaritzburg, as he was summoned to testify in court.

GUMEDE TESTIFIES IN THE TRIAL OF DAVID JONES AND H. GREENE 255

The prelude to this trial dates back to the activities of David Jones, an activist from Wales who was but one of a handful of White workers who understood and applauded the Bolshevik (Russian) Revolution in 1917; he was committed to advance Communist ideology in South Africa, and developed a strong interest in the cause of African workers. 256 The origin of socialist politics in South Africa and the events leading up to the trial of Jones and Greene are well-known and are therefore explained only briefly. 257 Following the Russian Revolution, Jones, a Socialist intellectual, dedicated his life to convert African workers to Communism. He believed that the African workers were soon to take their place among "the iron battalions of the proletariat" in a worldwide struggle against capitalism. 258 Like the Witwatersrand, post-war Natal was characterised by a radicalisation of its African proletariat caused inter alia by low wages, rising costs, shortage of housing, Pass Laws and illicit beer brewing prosecutions. By 1919 Durban had experienced a series of strikes in which the African worker tried to demonstrate his anger against his weak socio-economic and political position. The Socialists were eager to conclude an alliance with the radicals of the province. Jones shifted his attention to the African proletariat in nearby Pietermaritzburg where he was being treated for turberculosis. He compiled and distributed a pamphlet entitled "The Bolsheviks are Coming". It explained the virtues of Bolshevism for the working class and set out to show the path along which their liberation could be attained. The majority of the African proletariat were openly suspicious of the Socialists and hesitant to support their doctrine. The pamphlet meanwhile provided the authorities with an opportunity to clamp down on the Socialists.

Jones and H Greene were arrested on charges of inciting public violence at the start of April 1919. 259 The principal charge against the two was that they had firstly contravened the Public Welfare and Moratorium Act by drafting and spreading the leaflet. The second charge was that they had incited the African workers to public violence. To these was added a third one, being their failure to send a copy of the leaflet to the chief censor in Cape Town.

The state banked upon a succession of witnesses, white and black, to impress upon the court that the leaflet would rouse Africans in the town to strike.

Gumede was also summoned to testify against Jones and Greene.

An examination of Gumede's testimony not only gives us a clear insight into his understanding and interpretation of the Communist ideology, but the extent to which he acted as an apologist for the authorities. In his opening statements, Gumede acknowledged that he would not regard himself to be an expert in African Affairs. Gumede clearly viewed the pamphlet as posing a serious threat to the government, the peoples of the country and even the Zulu royal house. He testified that:

When I read it, I thought it was dangerous, the heading of it. When I first saw the heading, I thought a big danger was coming to South Africa, because of what I read in the press of which this movement was in Russia, which upsets the Russian Empire. The Csar and all the Royal Family and the nobles have been murdered and the government taken by those who are murdering them and called themselves Bolsheviks . 260

Asked to explain his understanding of the concept, Bolsheviks, Gumede testified:

The Bolsheviks - I took them as people up to upset the governments of the world. I understand that they belonged to the working class and peasantry . 261

Furthermore, Gumede held that, although he belonged to the working class, he "doesn't think it desirable that South Africa today should be ruled by the working class and peasantry since "the majority of that class are unenlightened and ignorant". 262 Gumede expressed his fears that if the Government were to be ousted and its place taken by the Bolsheviks, the Africans "will be made slaves". Gumede argued that the Bolsheviks "were not suitable to run the country".

Gumede's scepticism and criticism of the Socialist doctrine showed indisputable signs that he neither had a clear understanding of, nor had he developed any interest in Bolshevism "as a possible ideological answer" to Africans' struggle in SA. 263 Bolshevism did not attract Gumede at this stage of his life. To Gumede, Bolshevism represented an abstract and dangerous political doctrine. He would have been strongly influenced by anti-Russian Revolution press reports. Leading Black newspapers in Natal and in the other provinces were run by African intellectuals, like Jabavu, Dube, Plaatje, Seme, most of whom were aggressively outspoken on the crimes of the Bolsheviks during the Russian Revolution. Gumede looked at the Bolshevik Revolution through the eyes of a British subject whose loyalty to the British Crown was steadfast:

I think ... the natives will fare worst under the rule of the Bolsheviks. We are quite satisfied with British rule as from 1843, the date when Natal was taken over, and since 1910. Since the Act of Union, we have seen laws made against our colour upholding Republican views. If the British were destroyed, it would mean our own destruction since we would have no more protection, we look upon the British Army as our protectors . 264

Scholars acquainted with the history of British Imperialism will not deny the fact that Gumede's defense and praise of British Rule was misplaced. The realities of British Rule for its subordinates, in this case the Africans, were in direct contrast to Gumede's sentiments. Gumede overlooked the fact that British Imperialism lay at the heart of the destruction and submission of the Zulu nation in the Anglo-Zulu War of 1879 265 and their (Africans) systematic and comprehensive transformation from peasants into wage labourers. 266 In essence, the goal of British policy in southern Africa had little to do with granting Africans political rights or with freedom and justice. 267 Imperial goals were determined by imperial interest, namely the development of a single South African political economy to the advantage of in the interest of "British supremacy". As yet, Gumede felt nothing but gratitude and pride towards the British Empire.

Gumede's shallow interpretation of the expression "an injury to one is an injury to all" affirmed his ignorance of the rudiments of what it stood for. At the same time Gumede refused to accept that Communism would bring an improvement in the economic position of the uneducated African worker.

The Bolsheviks would benefit if Bolshevism was brought to South Africa. I mean the white who would adopt Bolshevism. The natives would not. They would only be a tool if foolish enough to take the bait. If all labour is the same an injury to one is an injury to another. I believe in "every man is worthy of his hire". If natives were all educated I should say they should have the same voice in labour.

Gumede contradicted himself and destroyed the credibilty of his testimony by acknowledging his lack of an understanding of "Socialism":

I don't know what Socialism is. I only hear of it. I hear that Socialism is those who want no rich people, no capitalist wants the wealth of the country to be divided equally.

Commenting upon the significance of the leaflet to the Africans, Gumede concluded that:

If it were explained to the uneducated, it would mislead them especially those of the hooligans class. I mean those who left their homes and live in town who do not return and care no more for the authority of their chief. I only know what their (Bolsheviks) theory and practice have led to. A revolution is bad . 268

Gumede's statement that Africans were "not oppressed" by the goverment is most puzzling because less than two months later he would claim in England that "slavery exists in South Africa". 269 It is my contention that since Gumede's still needed to apply for a passport to travel to England in June, he mighthave been concerned not to alienate the authorities and jeopardise his chances of obtaining the necessary travelling documents.

In retrospect and fairness, one must view Gumede's testimony in perspective. Undoubtedly it represents the opinions within the SANNC and the majority of the African proletariat at the time. While not trying to offer excuses for Gumede's anti-communist testimony, one has to study the attitude of the white proletariat and Socialists up to 1919. The historical evidence reveals that many of the strikes before 1919 and the 1922 revolt were characterised by profound racism and reactionary attitudes on the part of the white proletariat. 270 Hirson's claim that there were no black Communists in 1919 should be seen against the background of Africans' wariness of the foreign ideology of Communism, of white workers' racism and the lack of organisation of the African proletariat. 271 Africans' anti-Communist testimonies, which received wide coverage in the local press, formed the cornerstone of the Crown's case. Jones and Greene were sentenced to pay a fine of 75 pounds and undergo four months' imprisonment. Jones and Greene's appeal against their sentences was later upheld by the Supreme Court. The leaflet, claimed the judge, "advocated a policy quite unlike that of armed insurrection and could have had no effect on the prosecution of the war". 272 After his testimony Gumede departed for Queenstown to attend the eighth annual SANNC conference which was held on 7 May 1919. The meeting was informed about the departure of Thema and Mvabaza and the proposed departure of Plaatje and Gumede. It is uncertain whether Congress at that time knew that Thema and Mvabaza had secured an important interview with Leo Amery, the Under-Secretary of State for the Colonies on 8 May.

Congress adopted three resolutions, firstly, to appeal to the Union Government to extend the franchise to Africans in the northern provinces, secondly, expressing its sympathy with the passive resisters in the Transvaal and Free State to abolish the pass laws and thirdly, to make representations against the ill-treatment of African prisoners and to protest against the inhuman malpractice of African convict labour.

Plaatje and Gumede were due to board ship on 11 June 1919. Gumede faced unexpected problems with the issuing of his passport in Pretoria, and it was only after some urgent last minute negotiations with the authorities in Cape Town that this difficulty was overcome. His anti-Bolshevik testimony in the Pietermaritzburg trial may have helped. It was fortunate that Plaatje succeeded in persuading F.S. Malan, the Minister of Native Affairs, to intercede on their behalf. "That Boer helped us a lot", Plaatje wrote to Silas Molema, "because if it were somebody else he could have delayed deliberately until the ship sailed leaving us behind". 273 The task with which the two men had been commissioned was difficult and challenging, especially in view of Jabavu's continual warnings that they would be wasting money on a foolish project bound to fail, as had the deputation of 1909. 274 Only history would give the answer.

CONCLUSION

This chapter provides an insight into the events which shaped Gumede's philosophy between 1910-1919. Gumede had played a role in standing up to the Union Government's discriminatory land policy. Yet, the chapter underlines the poignant sense of helplessness felt by Gumede in his struggle to secure a Reserve for the Batlokoa and Bakhulukwe tribes. Throughout this period Gumede was concerned about the plight of the Zulu royal house in Zululand.

His optimism that the Imperial government would do justice to its African subjects was proved unfounded. Gumede did not join the euphoria which greeted the news of the Russian's Tsar downfall in March 1917 and his unequivocal rejection of Bolshevism became apparent in his witness in the country's first Bolshevik trial in 1919.