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1,1,2. INTERNATIONAL MISSIONARY COUNCIL N a TI onal M issionary C ouncil of A ustralia SocifiTfi B elge de M issions P rotestants au C ongo C onfedsracao E vang 6 lica do B rasil N ational C hristian C ouncil of C hina C onseil P rotestant du C ongo D ansk M issionsraad D butscher E vangelischer M issionstag SocifeTft DES M issions E vang S liques de P aris C onference of M issionary S ocieties in G reat B ritain and I reland C ablegrams : I ntmission , N ew Y ork M issions C ode T elephone : C helsea 2-3233 Composed of the following Organizations N ational C hristian C ouncil of I ndia , B urma and C eylon N ational C hristian C ouncil of J apan C ommittee on C ooperation in L atin A merica CONCILIO NACIONAL EVANGfSLICO DE MfiXICO N ear E ast C hristian C ouncil N ederlandsche Z endingsraad N etherlands I ndia N ational M issionary C ouncil of N ew Z ealand N orsk M isjonsrad F oreign M issions C onference of N orth A merica (U nited S tates and C anada ) P hilippine F ederation of E vangelical C hurches C onfederaci 6 n de I gleslas E vang Hlicas del R io de L a P lata C hristian C ouncil of S outh A frica SUOMEN LAHETYSNEUVOSTO SVENSKA MlSSIONSRADET N ational M issionary C ouncil of S witzerland N ational C hristian C ouncil of T hailand 156 F ifth - Avenue- New YeRK 40, N. ■ ¥. Honorary Chairman: J ohn R. M ott , New York Chairman: Bishop J ames C. B aker , New York Treasurer: S. F rederick T elleen , New York Secretaries: J ohn W. D ecker , New York N orman G oodall , 2 Eaton Gate, London, S.W.l department of Edinburgh House, social and economic research and counsel 8 Eaton Gate, j. M6RbB'DAvtsr-i3< L o n d o n , S . ,- '"T . I . Dr. Rheinalt Jones, Institute of Race Relations, Johannesburg, South Africa. 2 -A pr mi Dear Dr. Rheinalt Jones, There is a joint enquiry being formed here in Lon- don, into the Effect of Modern Civilization on African Marriage Customs and the Stability of the African Family, in which the International African Institute, the British Colonial Office and the International Missionary Council are actively participating. It is still in its preliminary stage ofi organization, with,as yet,only a provisional Commit- tee at work, but it has developed to the point where I believe that ai very few key persons in the Union of South Africa should be aware of the effort that is being made. The urgent need,from the standpoint of the African Churches, tfoj? an objective and comprehensive study of this subject was earnestly brought to the attention of the International Missionary Council, at its confer- ence in Madras,eight years ago, by the Africans who attended that meeti ing ssb representatives of nine of the territorial divisions of the ’con- tinent. They requested our department to make a study of African Mar- riage Customs aaad Witchcraft,i-n their bearin-g upon Church rules and practice. The Department was already committed to a series of studies in Latin American and West Indian coutries and the request had to be tabled. Last Winter, Lord Hailey suggested to me that it would be timely for the Missions and Churches in Africa to seriously taaeile the problem of African Mariiage Customs through a comprehensive survey. He further suggested that the most useful results from such an effort might be sec- ured by a co-operative undertaking in which the knowledge and ex- perience of Social Anthropologists, Governments and Churches^, in this field,might be pooled and integrated through working together. After numerous discussions with representatives of the Colonial 0f- fice& Social Science Research Council, the International African Insti- tute and the International Missionary Council, both the Colonial Office and the Int’l. African Institute have agreed to participate and a Prov- isional Committee has been formed. The African Institute has agreed to act as the holding body, and we are now in the process of formulating terms of reference, an appropriate budget and requests of financial grants from the Colonial Office and the Carnegie Corporation of New Yorfc The project is envisaged as req\iiring from two to three years for
Transcript
Page 1: INTERNATIONAL MISSIONARY COUNCIL

1,1,2.

INTERNATIONAL MISSIONARY COUNCILN a T Io n a l M i s s i o n a r y C o u n c i l o f A u s t r a l i a S o c if iT f i B e l g e d e M i s s i o n s P r o t e s t a n t s a u

C o n g oC o n f e d s r a c a o E v a n g 6 l i c a d o B r a s i l N a t i o n a l C h r i s t i a n C o u n c i l o f C h i n a C o n s e i l P r o t e s t a n t d u C o n g o D a n s k M is s i o n s r a a d D b u t s c h e r E v a n g e l i s c h e r M i s s i o n s t a g S o c ife T ft DES M is s i o n s E v a n g S l i q u e s d e P a r i s C o n f e r e n c e o f M is s i o n a r y S o c i e t i e s i n G r e a t

B r i t a i n a n d I r e l a n d

C a b l e g r a m s :I n t m i s s i o n , N e w Y o r k M i s s i o n s C o d e T e l e p h o n e : C h e l s e a 2 -3 2 3 3

Composed of the following Organizations

N a t i o n a l C h r i s t i a n C o u n c i l o f I n d i a , B u r m a a n d C e y l o n

N a t i o n a l C h r i s t i a n C o u n c i l o f J a p a n C o m m i t t e e o n C o o p e r a t i o n i n L a t i n A m e r ic aCO N C IL IO N A C IO N A L EVANGfSLICO DE M fiX IC ON e a r E a s t C h r i s t i a n C o u n c i l N e d e r l a n d s c h e Z e n d i n g s r a a d N e t h e r l a n d s I n d i aN a t i o n a l M is s i o n a r y C o u n c i l o f N e w Z e a l a n d N o r s k M i s j o n s r a d

F o r e i g n M i s s i o n s C o n f e r e n c e o f N o r t h A m e r ic a ( U n i t e d S t a t e s a n d C a n a d a )

P h i l i p p i n e F e d e r a t i o n o f E v a n g e l i c a l C h u r c h e s C o n f e d e r a c i 6 n d e I g l e s l a s E v a n g Hl i c a s d e l

R i o d e L a P l a t a C h r i s t i a n C o u n c i l o f S o u t h A f r i c aSU OM EN LA HETYSNEUVOSTO SV EN SK A M lSSIO N SR A D ETN a t i o n a l M i s s i o n a r y C o u n c i l o f S w i t z e r l a n d N a t i o n a l C h r i s t i a n C o u n c i l o f T h a i l a n d

156 Fifth- Avenue-

New YeRK 40, N. ■¥.

Honorary Chairman: J o h n R. M o t t , New York Chairman: Bishop J a m e s C. B a k e r , New York Treasurer: S. F r e d e r ic k T e l l e e n , New York

Secretaries: J o h n W. D e c k e r , New York N o r m a n G o o d a l l , 2 Eaton Gate, London, S.W .l

d e p a r t m e n t o f E d in b u r g h H o u s e ,s o c ia l a n d e c o n o m ic r e s e a r c h a n d c o u n s e l 8 E a t o n G a te ,

■j. M6RbB'DAvtsr-i3< L o n d o n , S . ,-'"T. I .

Dr. Rheinalt Jones,Institute of Race Relations, Johannesburg, South Africa.

2 -Apr m i

Dear Dr. Rheinalt Jones,

There is a joint enquiry being formed here in Lon­don, into the Effect of Modern Civilization on African Marriage Customs and the Stability of the African Family, in which the International African Institute, the British Colonial Office and the International Missionary Council are actively participating. It is still in itspreliminary stage ofi organization, with,as yet,only a provisional Commit­tee at work, but it has developed to the point where I believe that ai very few key persons in the Union of South Africa should be aware of the effort that is being made.

The urgent need,from the standpoint of the African Churches, tfoj? an objective and comprehensive study of this subject was earnestly brought to the attention of the International Missionary Council, at its confer­ence in Madras,eight years ago, by the Africans who attended that meeti ing ssb representatives of nine of the territorial divisions of the ’con­tinent. They requested our department to make a study of African Mar­riage Customs aaad Witchcraft,i-n their bearin-g upon Church rules and practice. The Department was already committed to a series of studies in Latin American and West Indian coutries and the request had to be tabled.

Last Winter, Lord Hailey suggested to me that it would be timely for the Missions and Churches in Africa to seriously taaeile the problem of African Mariiage Customs through a comprehensive survey. He further suggested that the most useful results from such an effort might be sec­ured by a co-operative undertaking in which the knowledge and ex­perience of Social Anthropologists, Governments and Churches^, in this field,might be pooled and integrated through working together.

After numerous discussions with representatives of the Colonial 0f- fice& Social Science Research Council, the International African Insti­tute and the International Missionary Council, both the Colonial Office and the Int ’ l. African Institute have agreed to participate and a Prov­isional Committee has been formed. The African Institute has agreed to act as the holding body, and we are now in the process of formulating terms of reference, an appropriate budget and requests of financial grants from the Colonial Office and the Carnegie Corporation of New Yorfc

The project is envisaged as req\iiring from two to three years for

Page 2: INTERNATIONAL MISSIONARY COUNCIL

its completion. It would call for a preliminary year devoted to doc­umentary examination to indicate the gaps in available knowledge and the scope and nature of possible later field studies in Africa which might be needed.

The Enquiry is concaved, in the first instance, as a British under­taking, bu-t the door would be left open for the participation of otheE national groups having interests in Africa, as they might desire.

The territories which are being thought of as areas of study^. are,, at the least,one c-ountry in each of West and East Africa., and the Union of South Africa.' It has been generally agreed that the experience and knowledge of this field of study in the Union of South Africa would prove invaluable for the largest results from an Enquiry of this nature, and Lord Hailey has asked me to communicate with you and professor Schapera to acquaint you with what is being projected and to enlist your cooperation in the undertaking.

It is too early to speak more definitely at the present time, but I feel quite sure that you would be interested to learn of these pre­liminary steps, and be willin-g to counsel with us as to whether you consider it timely or feasible to secure South African participation

I in the Enquiry, and as to the persons in your country with whom %% you i would consider it advisable for us to get into communication.

The Provisional Committee has already agreed that it would be im­portant to invite the High Commissioner of the Union of South Africa to serve upon the Executive Committee,when it is formed, or, at the

. least, as an advisory Counsellor to the Enquiry. We would be very glad » to have your judgement on this point before we approach this official.

I have been asked to serve in the organization period of the Enquiry^ but it is doubtful whether I will be connected with it after it has been duly constituted.

Lord Hailey in his joint capacity as Chairman of the international African Institute a®d Research Adviser to the Colonial Office, has been invaluable i_n the development of the project up to this point.

I may add that I feel that to secure the largest results from an undertaking of this nature, African experience and interests and

t African participation in the project should be included in it , if poss- i ible/from the out-set. In this conviction there is a fair measure ofI agreement on the part of the members of the Committee.

With kind regards and greetings,

Most sincerely yours,

Page 3: INTERNATIONAL MISSIONARY COUNCIL

\~ v£

Dr. J . Merle Davis,Edinburgh House,

2 Eaton Gate,LOHDOH. S.W.I.

Dear Dr. Merle Davit,.Modwrn Civilisation and jtfrl.gft.fl Karela*i.

Thank you for your letter vhich reached ae early in April. I apologise for not haring replied sooner, lmt the Institute has recently seen some changes, the main one heing the departure of Mr. Rheinallt Jones to the post of Adviser on Hative Labour to the Anglo-American Corporation. He will he concerned with the stabilisation of at least part of the Hative labour force of this large corporation. His appoiataent narks a new approach by the gold nines to the nigratory labour policy and should Mr.Bhelnallt Jones's work be successful it will aark a significant developaent^Yor the future of South Africa. I aa replying on behalf of Hr. Hheinallt Jones.

You ask whethefc an inquiry of this mature would fee timely and feasible. It would certainly be aost tiaely. Over the past few years we have been sselng a steady and Increasing influx 6f Africans into the urban centre froa the country and native areas.In the towns the position has been very bad. father and mother out working, children left alone, little schooling, housing Inadequate both in quantity and quality, an in­crease in criae, a passive conteapt for the law and m hundred factors have broken up family life in towns end country. The Christian Council of South Africa inaugurated a home-life campaign last year but to w hat extent i t was carried into native life I do not know. South Africa is becoming industrialised and there is strongly coaing the realisation that the African ie also becoming urbanised and must be given a place in urban life. I feel that the churches, the missions and the T.M. aa$ T.W.C.A'e should be aore active in thie field. I think the project ie tiaely. The Institute had hoped to do something in this line itself.

$» to whsther it is feasible - that depends upon two or three factors.(a) finance, (b) Personnel, (c) The aethod of the inquiry.

If you can be aesured that adequate finance would be forthcoming, then I think that personnel of a kind could be found, - I sey "of a kind". Our experience eo far has been that people of first-class authority ars mors than fully occupied and that to find persons of that rank for research is very difficult. It might be possible to secure it if adequate finance was forthcoming for a well co-ordinated, thorough piece of work by a teaa but I must say that Dr. P.A.V. Cooke of the Council for Educational, Sociological and Humanistic Research is finding great difficulty In finding people for two surveys hs is proposing to do in collaboration with government departments. Incidentally, these are saaple surveys of an urban area and. of a rural area and would produce data which would be valuable to your inquiry. Dr. Cooke's addrsss is Union Education Department, New Standard Bank Buildings, Pretoria. One might, however, obtain personnel of the second rank who night work tinder supervision e.g. of Professor Schapera and others. There are

Continue of Card 2.

P /H ISouth African

P.O. BoxJOHAHHSSBURO.

e of Race Relations^)

S.A.28th May. 1947.

Page 4: INTERNATIONAL MISSIONARY COUNCIL

• I M i a 9Cf btvou orfw aaaottlA. djmrntt 10 bmaolSn»a t u o h U •S*e ,»*ltasote8lir ima siai'sTrtim rtaoi'rtA *&.s * ^Ilaool ©^at^qo-oo

quite a number of young married women with an Interest in afrlcan affair* who would "be prepared to undertake work, but it would hare to be under supervision. I wa» talk ing the other day to one woman whose husband la going to USO for a year but who is remaining in S. Africa (East London) and would be prepared to do work of this kind at least for a frear. 1 ihink that the method to be adopted and |ha gla*g2$cthe inquiry would indicate what kind Of persons would be

suitable andobtainable.It Tdght b$ possible for the Institute throu^i its affiliated organi satioas^ ^

through Joint Coaacils and through interested members to obtain data, but that amgwj depends upoft your plans and methods. The Christian Council I am sure will co-operate fttly.

I vould suggest you gst in touch with :- a Prof. Z.K. Matthews (Satire Law and Administration) Fort Hare, Alloa. C.P.• Prof. J.D . Krige (Anthropology) Natal University College, Pistermaritsborg.

Dr. 0. Jensen, (Philosophy and Psychology) fort Rare, Alloe. C.P.Prof. R. Burrova, (Economics) Natal Univereity College, Durban.

M-Mre. A.W. Hoernle (Anthropology) 38 St. Patrick's Rd, Houghton. Johanneeburg. a Dr, Monica tfllson (Anthropology) Rhodes University C ollie , Orahamstovm.

Rev, Percy Itbotson, (Church - Native work) P.O. Box 740, Bulawayo. S.Ehodesia, Senator iagar Brookes, 88 Pieternarits Street, Pietermaritsburg.

a The Secretary for Satire Affaire - ^Dr. Ton rfarmelo (Govt. Anthropologist) » 1

a Dr.pP.A.W. Cooke (Research Council), a Mr. J.H . Bofmeyr (Minister of Education), a Mr. A.A. Roberts (Secretary for Education). L.

Dr. J e ffre y . (Social Anthropology) Witwatersrand University, Johannesburg,

a Dr. Stanley Pitts (Christian Council).Rev. Semple, Fort Kara, Alice (Missionary rural areas),

a Dr. R.H.W. Shepherd, Lovedale.Dr. Alexander Kerr, Port Haro.Rev. W. Arnott, Blythswood, Butterworth, Transkai.Rav. A. Bertheud, Swiss Mission, Morija, Basutoland.Dr. Aitken, Geoldvills, Sibasa. H.Tvl.

a Mr. D.a.S. M’Tiakulu.Z give you a list of names of anthropologists, missionaries and government officials.Those starrsd are the most important, but ths others ml^it be helpful - depending oa

your approach to the inquiry. Professor Z.K. Matthews is African.The present Hifh Commiesioner in London has in the past taken up an attitude te

native affairs which did not at all tally either with liberal or missionary ▼lew*. Some of his more reoent statements w* have from our point of view eyed rather askancs. In so far, however, as you wish to hava government support and co-operation then I think it desirable that you have some one of that ranking dn your Executive Committee. I think that Mr. Heaton Nicholls who was on the Native Affaire Commission might be . useful. I would however suggest other South African representation. Prof. Erie Walker of Oxford, Prof. KaoMillan of St. Andrews Univarsity are two men 1A 0 might be useful, • the former was Profsssor of History at Cape Town, and the latter at

Witwatersrand. ̂ \ . . .With regard to African participation, I have put in the last some African

names. If it is to be successful then I strongly emphasise the need to consultAfricans. Such Africaa participation could take place either through the

Africans/... jp.t.o.

Page 5: INTERNATIONAL MISSIONARY COUNCIL

Africans Mentioned or throughAfr i cans who would be asked to co-operate locally - e.g. African ministers and missionaries, e.g.

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Page 6: INTERNATIONAL MISSIONARY COUNCIL

Her. 1 .3 . fcahabaaa, P.O. Bex 182.

m & m m s L .

Dear Mr. K&habaas,

m m - g a m a a .

In confirnatiea of our telephone conversation this morning, X want to thank you again for uauertaking at such «hort notice to prepara the paper •a Marital Conditions la Urban Family Life.

The 11nee suggested for your paper are ae follows: -

1. Christian Marriage,

2. Civil Marriage,3. Custoaary Unions,

4. Irregular Unions.b. Lebola.6. Diveree.

Legal Disabilities of African Wives

X shall be pleased if you will try to U nit your paper to 30 alnutss so that adequate fciae will be left for disoueeion. I have asked our Library to esnd you a selection of aaterial. aad if there is anything ysu require specially, please rlag ear Librarian, Mrs. Irvin, at 44-3781 Ext. 126.

Tours sincerely.

Quint In Whyte 4QT;M6 DijpcgoR

Page 7: INTERNATIONAL MISSIONARY COUNCIL

r e t .

n %

JRA/CT. 4th June, 1947.

The Secretary for Satire Affairs,P.O. Box 334,ES3M U.Scar Sir,

g^IYS MjtfaiAgg LiftS. ,

In 1943 your Department sent out a circular on the subject of Satire Marriage Law*. I shall he grateful if you will infer® ®e of any developments which hare taken ;lace since thea* and also whether the Minister intends intro­ducing legislation to aaend the existing Native Marriage Lavs in any way.

Tours faithfully,

Qilntln Whyte ACTISO DIRECTOR

Page 8: INTERNATIONAL MISSIONARY COUNCIL

Her. S .S . Hahabanew P.O. Box 182,RASPFOirnslN.

Dear Mr. Mahabane,

At the risk of being accused of unreasonable impatience, I am writing to remind you that I shall be very glad to hare your paper for the kegional Conference) not later than P2nd June,

I realise fully that you were called upon at extremely short notice, but as it is rery necessary that the papers should be circulated in advance, I shall be grateful if you will make a special effort to

let me hare your paper.

Tours sincerely.

Qaintln Whyteacting pisbctq i

Page 9: INTERNATIONAL MISSIONARY COUNCIL

G.T.T. Bro. Rev. E. E. M aliabane, Box 1B2, Handfontein.G.T.S..J.W. Sister Mrs. E . B. Maaga. Bos 99, Kruger&dorp.G.T. Treas. Bro. Rev. Theo. A. Mareka, 111 Victoria Rd., Sopliiatown. tt.T .S. Sister Mrs. E. M. Piiiso, Box 23, Crown Mines.

’Phone: 67-1133-

P.O. Box 182,

R a n d f o n t e in ,

T r a n s v a a l ,

....... I7.th. ..June..... 194.7 .

The Acting Director,Institute of Race Relations,JOHANNESBURG-.

Dear Mr Whyte,I am forwarding herewith my paper as requested.

You will understand that 99 I was called upon at extremely short notice on a ’ subject1 of vital importance and which needs very ser&ous study and thinking. But I accepted only because we have been disappointed/by others. I have done so under great pressure of my own work, and I am afraid I am far from the mark expected. Please read over and make adjustments where necessary, I give you that right as I have not had time to revise, l ain reaving this afternoon for Durban to attend the Triennial Convention of the S.A.TempeEance Alliance, where I am also speaking on a paper I was asked to prepare orT^Kaffir Beer Halls etc. "

i * I i Jt'u With kind regards,j . ....... t *. ̂ Yo^r^, &-iB^erely,

• **■■' " ............... E /Kah-ab,1 Answered................... 1

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N.A. 284.

UNIE VAN SUID-AFRIKA.UNION OF SOUTH AFRICA.D E P A R T M E N T O F N A T IV E A F F A IR S , D E P A R T E M E N T VAN N A T U R E L L E S A K E ,

No. 13 /366 . P R E T O R I A

Sir ,

Native Marriage Laws.

With reference to your letter of the 4th instant, I have the honour to inform you that there have been no devdopments in this matter since the circular was sent out in 194J and the views of representative native bodies and other- inteasted person&Tascertained.

No final decision has yet been reached in regard to the introduction of amending legislation.

The Director,South African Institute of

Race Relations,P .O . Box 9 7 ,

Johannesburg*

I have the honour to be Sir,

your obedient servant

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)f\A

R«t . £.X. Mahabaae,P.O . Box 18^,

-ear Sir,

D£H/viT. 30ttl Jtme, 1947.

I write on behalf of Yt . Qplntia Hhyte to acknowledge receipt of your letter of 17tb June and to thank you very »uch indeed for eendlns theMuorAnduB on Marital Conditlone in iJrbau African family H fe ,

Youra faithfully.

DI&KGTOR* S SBCB-TAHY

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S f t

JRA/CF 2nd July, 19«?

The Secretary for Native Affaire, Department of Native Affairs,P.O. Box 384,PRETORIA.

Dear Sir,

t0 *cknowledge with thanks receipt of your letter dated 26th June, 1947.

Yours faithfully

^IB&frOR1 S SECRETARY

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At,

Mr. 8*lby Sgcobo,Hatal University C-Jllsge, P.O. Box 15'.b,

Dear Mr. Ngcobo,

As requested by you I wrote to Professor Sorrows asking that you he allowed to serve on the CoaBsittee investigating the *ativ« Marriage Laws and have received* reply to the effect that Professor Burrow* welcomes the opportunity offered to you of serving on the Coaaittee,

I shall be writing to you again In due course on this subject.

Yours sincerely.

iulntln Whyte AQTINg.PlRBC.YGR

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Professor H.R. Burrows, fatal University College, P .O . Bo* 1525. . bubbam.

Dear Prof'eteor Burrows,

At ths nestings of the Sxeeutive Committee held iu Durban lost month It was decided to appoint a »ub-CoBtsittee to report on the legal DleaMlitles of African women. One of the aeabers of the sub* Coaalttee Is Mr. Selby Igcobo, of your staff.

I shall be very grateful If you will peralt hia to eerre on this sub-Coaalttee.

Tours sincerely.

iulntin Whyto

*<?iiSL8i p s m

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V'fDEPARTMENT OF ECONOMICS.M R . H . R .’ B U R R O W S . M .C . . E . D . . M .C O M ..

W ILLIAM H U D S O N . P R O F E S S O R O F EC O N O M IC S . TE U E PH O N E 2 0 2 0 7 .

M R . V l. J . R A N D A L L . B . C O M . . A . S . A .A . . C . A . ( S . A . ) T E L E P H O N E 2 9 7 4 6 .

T E L E G R A M S : " C O M C O L L ." D U R B A N .P .O . B O X 1 5 2 5 . D U R B A N .

1169/16/9 NATAL UNIVERSITY COLLEGE,

W A R W I C K A V E N U E .D U R B A N , S o u t h A f r ic a .

13th August, 1947.

The Acting Director,S.A. Institute of Race Relations, P.O. Box 97,JOHANNESBURG.

Dear Quintin Whyte,

With reference to your letter of August 12th, I welcome the opportunity afforded to Mr. Ngcobo of serving on the committee mentioned.

Yours sincerely,

HRB/AH.

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Professor H.R. Burrows, Watal University Collage, P.O. Box 1S2C,

P ^ M i .

Dear Professor Burrows,

Many thanks for your letter of 13th August giving yonr Approval for Mr. Wgcobo to serve on the Committee tnveitigatln* the Sative Marriage Laws. It will he v«ry helpful to have his assistance.

Tours sincerely.

^ulntin *hyteAS TITO DIRKCTQE

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*

JIU/CT. 15th October, 1947.

Mr. J.D . Shelaallt Jutl,44 Mela Street,

m m & m & x

Dear Mr. Bhoiamll*

You will r«n«ator that tha 2x*jutive appointed you ae convonor of the above Committal. i * ths majority of the Committee, who are net reeideat in Johann*abu”^. to attend Council in Jamary* I 8Ufce;eev that a meetlagof the Committee should be tirrang*4 to ttko place during Council week.

Please be gomi. enough to let me know vhat preparation, if any, has to be done.

Yours s in c e re ly .

Qniatia Whyte

m im pim m

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Seymour House,17 Waterloo Place, London, S.W .l*

November, 1948,

Dear Sir, n..

An Investigation has commenced Into the effects of modern contacts on African family life , with special reference to marriage law and custom*/ This investigation is under the auspices of the International African Institute and the Inter­national Missionary Council, with financial help from the Colonial Office and the Carnegie Corporation of New York.

The Director of the Survey, Mr. Arthur Phillips, is to examine the laws of the various governments in Africa which pertain to the marriage system, and to make a review of the experience of administrators in applying those laws.

Dr, Mair will be concerned with the sociological aspects of the subject and will direct attention, from an analysis of sociological and anthropological writings, to those findings which are pertinent to the practical problems of the African community with respect to marriage.

The third line of enquiry, to be conducted by the Rev» Lyndon Harries, is an examination of Church rules and discipline in the field, with a study of the experience of missions in their work of promoting the Christian ideal of marriage.

It is with special reference to this third line of enquiry that your help and co-operation is now invited. The information received by Mr. Merle Davis in his preliminary investigation needs to be supplemented in various respects. The President of the Roman Conference of Catholic African Missions, Pr. Perbal, has promised the full co-operation of the Conference in this survey, which is to be as comprehensive as possible,

Mr, Harries considers that the following points are relevant:

i . In promoting the Christian ideal of a lifeling monogamous marriage in African communities, whether tribal or detribalized, what' do you consider to be the chief hindrances?

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i i . Is the legislation at present governing the marriage of Africans or African Christians satisfactoryj does it produce anomalies, hardship or Injustices, and does it help or hinder the growth of the Christian ideal of the lifelong monogamous marriage?

The value of the survey will depend very largely upon the nature of Information received from Africa, It is hoped that you may be able to arrange for information to be submitted, and the enclosed directive, framed in general terms, is meant to serve as a guide 0 Because of the wide variety of practice and custom, a detailed questionnaire would not be practical.

The Director of the Survey would be grateful also for any relevant files , such as minutes of meetings or conferences dealing with marriage problems, or accounts of important marriage cases„ These would be copied and returned to you without delay,

Perhaps it y/ould be possible for someone to be appointed as correspondent for your area? We recognise that this will mean more work for your Mission personnel whose strength is already overtaxed, but in view of the importance of the subject we would ask you to put us in touch with the people best able to help.

It would be appreciated if the co-operation of the Africans themselves could be invited, so as to obtain an expression of African opinion in matters so.closely concerning themselves.

The initial stage in this investigation is the sifting of all the available evidence** It would be very much appreciated if you could send your reply before 31st March, 1949.

Will you please address all communications in connection with the Survey to A ,M .S . (Missions), care of the above address.

Yours sincerely,

Chairman of the Executive Conmittee.

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U U U O • VA mtmM u w W v * * J

Benefits and disadvantages? Your view on the competence of the Qfof a +-.r* i Acri.ql atfl on ma.trimoniQ-1 znattGrs# ExtQnt of tiiis

Dutch and Native law?

(N.B# In answering section B. ploaso state whether in your area:

i . Marriage or divorce by State Law is the only method "by which a marriage can he contracted or dissolved*

i i . Marriage or divorce under Native law is recognised by the State as valid for all persons otherwise sub­ject to the jurisdiction of the native authority*

il l . African Christians are prohibited from being married or divorced by Native law, though in other respects they are subject to the jurisdiction of the Native authority.)

The attitude and powers of native courts of law in regard to marriage and divorce* What has been the result of suits xor

C.C . In relation to Native Law. Information as to tribal law

re marriage and divorce#

/divorce

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divorce between African Christians not being heard in the Native tribal courts, or being decided by Native law?

The essentials of marriage by Native law, what are they? Consent? The contract? Aro there any conditions sine qua non? The "bride-price"? Accessory payments? Is there any public declaration or ceremony signifying the completion of the marriage? Is It regarded as a tentative agreement? To what extent? At what precise stage is the transaction deemed legally complete?

Are marriages by Native law in your area mainly monogamous or polygamous? Explain the attitude of your Church to marriage by Native law. The special difficulties of polygamy, e*g« the position of the wife and children of a polygamist in relation to the Church. Aro there any regularised pre-marital practices, and if so what is their effect?

Opinion as to the registration of marriage by Native law.Do you issue a certificate that, after the fulfilment of the conditions for marriage by Native law, the marriage has been celebrated according to Church law? Also the position as to the "bride-price" and the levirate. Do you demand a signed declaration of reception of ,!br id e-price" before performing the ceremony in Church? Reasons for disintegration of marriage by Native law? Relationship of people married by Native law to the Church and to the State. Attitude of your Church as to the validity of marriage by Native law? Modern trends in respect to marriage by Native law. Native opinion on this point. Non­native opinion*

D* In relation to the Church. Attitude among Christianstowards marriage in Church,

Church dogmatic teaching on marriage. Church discipline, e*g» in dealing with polygamist Christians. Any sanctions? Attitude towards mixed marriages (Christians and pagans, or Christians of different denominations)? Education for Christian marriage, what does it consist In? Desertion, divorce and successive polygamy among Christians. What measures are taken in trying to remedy such situations? Church councils? Mediation by clergyman? By lay-people? (God-fathers or god-moth6r s )? Causes of lapses? Age of marriage.

E. Some special d ifficulties . The educated husband and theuneducated wife. Polygamy and

taxation. Illegal unions, e«g« in areas of migratory labour.

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Collection Number: AD1715

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

PUBLISHER: Collection Funder:- Atlantic Philanthropies Foundation

Publisher:- Historical Papers Research Archive

Location:- Johannesburg

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