simply an intoxicating drink. I t is, in my view much more than a luxurious and supererogatory beverage. It is rather a very admirable, very beneficial, even, perhaps, very necessary, form of food ; and governments in their legislation thereanent should recognise this fact and aim rather at preventing its abuse than preventing its use.”

154. It has been stated too that “ beer is most important in the economic sphere of Native life, as a wholesome and inexpensive food. It is their national food as well as drink. After the reaping, when beer drinks are held daily in the different villages many men go entirely without other food for days on end .” 1

155. Mrs. J. H. Mylne, a social worker at Grahamstown, in a report submitted to the Native Economic Commission2 stated that “ one of the causes of less healthy and less prolific motherhood, it is suggested, is the disappearance of sour milk (amasi) and Kaffir beer. These were the two staple forms of diet and the urban Native gets neither. Kaffir beer is rich in vitamin, and the urban Native has no substitute in the way of fresh vegetables for it.”

156. Further, scientific investigations have shown that Kaffir beer contains vitamins which aid in the prevention of tuberculosis, beriberi and other diseases.3 I t has been found to help combat scurvy and for that reason was introduced into the diet of mine Natives by the maximum ration scale of 1911.4 Dr. Marion Delf stated that “ Kaffir beer appears to be as active anti- scorbutically as fresh milk.” 5

157. Dr. F. W. Fox of the South African Institute of Medical Research says “ there are so many recipes for the making of Kaffir beer and so little attention has been paid to the chemical composition of the products obtained that it is obviously impossible to make any precise state­ments about the food value of the beverage.

158. “ Several analyses of the beer used upon the Witwatersrand Gold Mines indicate that it contains about 90-94 per cent of water, anything from one to three per cent of alcohol, about one percent of protein and three or four per cent of carbohydrate including fibre.

159. “ From an analysis of a fair number of samples from the same source, it would appear that the beer does show definite, though low antiscrobutic activity ; thus one litre (almost a quart) may contain as much of the anti-scorbutic vitamin as about a quarter of an ounce of average orange juice. There can therefore be little doubt that Kaffir beer serves as an important source of this accessory food factor to the Native whose diet is composed very largely of mealie or Kaffir corn meal.”

METHODS SUGGESTED TO THE COMMISSION FOR DEALING WITH THE PRESENT SITUATION

160 . All the Witnesses who appeared before the Unofficial Commission were emphatic that present conditions were highly unsatisfactory and that steps should be taken to deal with them, and the following summary gives a brief outline of various remedies which have been suggested for dealing with the Illicit Liquor Problem.

(i) TO TA L PR O H IB ITIO N161 . Several witnesses stated that prohibition could be enforced with a more adequate

police force and with better methods than are being employed at present. Thus a statement issued by the Compound Managers Association reads :—

“ In the opinion of the Association the Police staff whose duty it is to control the illicit liquor traffic is inadequate in view of the enormous areas that have to be covered and the number of people engaged in the illicit traffic.

“ One means of effecting a reduction in the traffic is, therefore, to increase the staff.“ Further, it is considered desirable that the liquor staff should be periodically transferred

from one district to another in order that they may not become too well-known in one district by the liquor sellers, by whom they are closely watched.”

162. In another Report submitted by the Compound Managers Association the following statement is made :—1 Unpublished paper by M iss Hilda Beemer, (S .A . Institute of Race Relations)J Page i o f Report

8 D r. Saunders (p. 5703) and Dr. Britten (p. 5743) in Evidence before Native Economic Commission4 Unpublished paper by M iss Hilda Beemer (South African Institute of Race Relations)‘ Ibid

“ The general experience of members of the Association, since the New Liqucr Act came into force, has been that a considerable increase has taken place all along the Reef in the sale to Natives by Europeans of adulterated cheap wines and brandy in bottles and demijohns.

“ In the opinion of the Association this is due to(1) The reduction in the penalty for the offence of supplying liquor to Natives, from

imprisonment without the option of a fine, to a fine.(2) The fact that whilst a Bottle Store Licencee has to keep a record of all sales, it is not

incumbent upon him to notify the police of such sales.“ With regard to (1) the penalty under the new Act is a fine not exceeding £100, for the first

offence (Section 168 (1)). The second offence being punishable by imprisonment or a fine (Section 168 (2 )).

“ In the opinion of the Association the imposition merely of a fine does not act as a deterrent to the sale of liquor to Natives, in view of the huge profits the suppliers make by such sale. Apart from this the maximum fine is rarely imposed, and where magistrates have inflicted fines of over £50 to enable an alternative of six m onths’ imprisonment to be imposed, these fines on review have been reduced by Judges of the Supreme Court to a figure under £50 on the plea that the alternative term of imprisonment is too long for the poor White—one of the chief culprits as far as this offence is concerned—in consequence of which the fine has been reduced to allow of a reduction in the term of imprisonment.

“ This tendency to reduce the fines has now become well known among liquor sellers, and the trade, as already stated, is such a lucrative one that the reduced fine and alternative period of imprisonment does not deter the poor White from committing the offence.

“ Further, there is a tendency to impose a fine rather than imprisonment for the second offence.“ Another aspect of the case is that the sellers of bottle liquor to Natives are usually servants

of principals who are the real culprits, but who get off scot free, as it is the sellers who are punished when caught.

“ W ith regard to (2), Bottle Stores can supply liquor to any person, other than a prohibited person, as long as they take the name and address of the purchaser. Any fictitious name therefore can be given with the same address, thus enabling quantities of bottled liquor to be collected at one place for the purpose of its sale to Natives.

“ In the opinion of the Association the remedy in regard to (1) lies in reverting to the original penalty of imprisonment without the option of a fine for the sale of liquor to Natives, and in regard to (2) in making it incumbent upon the Licencee of a Bottle Store to notify the police of all sales over a certain amount (say 12 bottles) to any one individual within a period of, say, seven days.

“ In view of the increase in the Bottle trade with Natives, it is felt that some Bottle Stores are nothing but camouflaged channels for the supply of bottle liquor to Natives.”

163. It may be noted further, that M r. Granger, a Compound Manager, stated that the Indians and Syrians, who are now the chief suppliers of illicit liquor of European manufacture have not always been the chief suppliers, but that before 1908 the Greeks had been the chief suppliers, and they had been stopped by heavy fines, sometimes as much as £200. He considered that heavier penalties would improve matters.

164. M r. Humphries, also a Compound Manager, in supporting Mr. Granger said that prior to the introduction of imprisonment without the option of a fine for dealing in illicit liquor, the Jews were also big suppliers but the introduction of legislation providing for imprisonment without the option of a fine “ put the Jews right out of business.” The position is that under the Roos Act a magistrate can only pass a sentence of imprisonment after a third conviction. The object was to limit the large number of country people who were filling the gaols.1

165. Other evidence in support of the present system was given by the Chief Inspector of Police, Johannesburg,2 who, though admitting that prohibition was a failure, did not agree that it is a failure “ merely because the efforts of the Police have failed to stop the traffic. Police efforts and punishment fail to prevent thefts and other crimes, yet no one would seriously suggest that theft and the like should no longer be crimes. Were it not for the restrictions placed on the supply of liquor to Natives, I am satisfied that large numbers of Natives would get entirely out of control with serious consequent danger to the persons and property of the inhabitants of the Witwaters- rand.”1 M r. Britten at meeting of Compound Managers Association2 Before Native Economic Commission— Miscellaneous papers

166. A Native chief clerk on one of the mines,1 speaking particularly of conditions on the com­pounds said that he realised a compound was a controlled area where it would be much easier to enforce prohibition than in a location, but he felt that if the police used better methods, and stiffer penalties were imposed for breaches of the law, prohibition could be more easily enforced. The same witness stated that very few Natives would be found to be in favour of prohibition, but he thought prohibition better for them. He himself had always been a total abstainer.

167. Another Native witness favoured prohibition2 because “ no person is any better for taking liquor of any sort, even Kaffir beer. It has a bad effect on the children and parents lose their control over the children.” He considered that prohibition was not being a success because methods of enforcing it were bad and the police were in league with the sellers. He instanced that in the Transkei and Basutoland where there was total prohibition of European liquors there was no drunkenness, but in King William’s Town and the surrounding districts where liquor is obtain­able by Natives, drunkenness is very common “ and it is a disgrace to see Natives of both sexes drunk in the streets.” He stated as another reason for favouring prohibition on the Reef, that there are so many different Native tribes around Johannesburg that fighting might occur as a result of legalising intoxicating liquor.

16S. The Pretoria Joint Council3 did not “ take a very serious view of the evils of the present system ’ as it considered that they should be controlled by the police. The Council considered that under any other system Native conditions would be far worse than they are at present.

169. I t must be mentioned that the police are considerably handicapped at present, in their efforts to cope with the “ big ” dealers by the fact that the law requires the police to warn a dealer before trapping him. Thus, when warned, the dealer simply hires an employee, or instructs his wife or a relative to do the actual supply, and these in turn have to be warned before a case can be brought against them. There is no doubt that the police would be materially assisted if this law were altered.

170. M r. E. P. Kitch, representing the South African Temperance Alliance, felt that stricter control would relieve the present unsatisfactory position considerably. M r. Kitch did not consider that the fact that Natives to-day were able to procure drink in unlimited quantities was an indication of the failure of the prohibition laws. The real test was whether conditions had improved as a result of the prohibition laws passed in 1896. In his opinion they h ad ; and, to allow the Native European liquor, was liable to bring about the lawless conditions existing in the Trans­vaal prior to 1896. Supply of Kaffir beer was unlikely to relieve the situation. Instead it might lead to increased drunkenness owing to the fairly high alcoholic content which Kaffir beer can attain and the habit of the Native of drinking it in large quantities.

171 . M r. Kitch stated that the Temperance Alliance believes that the Government has never yet resolutely set itself out to uproot the illicit liquor traffic. He was convinced that by maintain­ing an adequate police force, by stiffening up the penalties for selling liquor illegally (e.g. reversion to old penalty of imprisonment without option of a fine) and by initiating certain other methods of control, “ the traffic in European liquors could be extirpated or so radically reduced as to pre­sent no longer a serious problem.”

(ii) DO M ESTIC BREWING172. By domestic or home-brewing in Urban Areas is meant the brewing of Kaffir beer bv

Natives on the premises of their homes, for home consumption only.4 When referring to this type of supply it is usual to infer that it is not accompanied by any form of sale, but that the beer is for the use of the family, and perhaps a few friends.

173. Considerable support was given to this type of supply, chiefly by Native witnesses who considered that it would solve many of the problems which have arisen as a result of prohibition. European witnesses however were not so enthusiastic.

174. Dr. A. B. Xuma6 believed that if Kaffir beer could be obtained with reasonable free­dom there would be a considerable reduction in the consumption of the noxious drinks which Natives brew at present. He did not believe that Natives really cared for the drink with a “ kick ” in it, but that they were compelled to drink this because ordinary Kaffir beer took too long to brew. Dr. Xuma advocated home-brewing because then there would be less drunkenness. People would drink only when they felt inclined for a drink, and not being afraid of the police, they would drink

1 Evidence before Unofficial Commission— M r. H. B. Piliso2 Evidence before Unofficial Commission at Bantu M en’s Social Centre3 Evidence given before Native Economic Commission—-page 8721/34 See Appendix (1)6 Evidence given before Native Economic Commission— page 7647

it at leisure and in their homes. He did not consider that home-brewing would act as a cloak for the taking of stronger drink. Most Natives, even educated Natives, would be satisfied with ordinary Kaffir beer, and he did not believe that the fact that Kaffir beer was available in the home would lead to excessive drinking. It might be necessary, however to extend the permit system for those Natives who wished to have liquor and it might be necessary to allow a certain amount of sale, under licence.

175. Many witnesses emphasised the point that if home-brewing were allowed, the brewingof the noxious concoctions would cease.1

176. It was pointed out to witnesses who favoured home-brewing, that the single Native would still not be able to get beer unless he bought it. The answer to this was always that Municipal supply to the single Natives would obviate the difficulty. Thus Messrs. Tyamzashe and Mbeki, who gave evidence before the Native Economic Commission on behalf of the I.C.U.® preferred home-brewing to any other system though they were not opposed to Municipal or State sale, provided the profits were devoted to Native welfare. They admitted the difficulty of the single Native, and favoured the adoption of a plan whereby beer could be sold to him at Municipal beer halls. At the commencement, they stated, there would be an increase in drunkenness but in the long run, more moderate drinking would ensue. It would be necessary to limit the amount brewed to say four gallons, as at other places where home-brewing has been tried. They admitted that there would still be a certain amount of sale, and that the concoctions would still be brewed, but as Natives really preferred the good beer to Skokiaav, the wholesale brewing of concoctions would soon cease. Similarly, another witness, who stated that at Barkly West where home-brewing was allowed, the results were good, and no European liquor was found, said even with home-brewing Natives would still want to sell beer and would tend to brew more than was required for their own consumption.

177. Two Natives who prepared a statement which was presented to the Unofficial Com­mission recommended that home-brewing should be allowed and heavy penalties should be imposed on persons found in possession of stronger drinks. From experience with the Bloemfontein system, where home-brewing is allowed, they considered that the results would be :—

(a) Strong drinks would to a large extent be eliminated.(b) A sense of responsibility would be created.(c) Natives would be moderate in their drinking.(d) There would be fewer riots.(e) The number of convictions would decrease.

178. It must be noted that not all Natives considered that home-brewing would solve the problems of the illicit liquor trade. M r. S. Thema3 said that the Native prefers European liquor when he has sufficient money to pay for it. This statement was supported by several Natives who felt that the providing of Kaffir beer would not satisfy the large number of Natives who have got used to liquor of European manufacture.4

179. One Native opposed home-brewing on the grounds that it could not possibly be hygienically done in an urban area. Conditions for brewing need to be hygienic, and such con­ditions cannot be obtained in poor squalid surroundings. Another Native opposed the supply of Kaffir beer because he believed that the effect on the Native youth would be bad and would stimulate his craving for liquor.

180. Ex-Chief Detective Hoffman opposed home-brewing5 because he did not consider that it would put an end to the sale of beer but would mean that many more women than at present would take to the brewing and selling of beer. The chief effect would be that the price of Kaffir beer would go down and that the men would drink far more than they do now'. With home- brewing, too, the police would have no control at all over the sale of Kaffir beer norover the quantity brewed. For these reasons M r. Hoffman considered Municipal canteens preferable to domestic brewing.

181. Major Cooke6 opposed home-brewing because he felt that it would be impossible to control the amount brewed, and the sale of Kaffir beer would not diminish. He did, however, consider that domestic brewing would reduce the consumption of the noxious concoctions. But he added that a proportion of Natives would still desire stronger liquors, the taste for which has1 Evidence before Unofficial Commission at Germiston, Nancefield, etc.2 Evidence given before Native Economic Commission— page 3079/823 Evidence given before Unofficial Commission at Bantu M en’s Social Centre1 Evidence given before Unofficial Commission at Bantu M en’s Social Centre6 Evidence given before Native Economic Commission—page 7655/60‘ Evidence given before Native Economic Commission— page 7301/6

already been developed so far as the South African Native is concerned. I he Portuguese Natives, too, many of whom are recruited for the mines, are used to wines and even stronger liquors. These people would still want European liquors but Major Cooke considered that with the right to drink Kaffir beer, the demand for European liquor should decrease rather than increase. I~Ie con­sidered that there was much to be said for the idea that brewing and selling should be done under some regulated svstem similar to the European liquor licence, but domestic brewing and Municipal sale, together, would weaken administrative control. “ The person who was selling would allege that he was brewing for domestic purposes, and so on.”

182. It must be noted that in two large towns, Bloemfontein and Kroonstad, where home- brewing has been tried over a period of years, the superintendents of the locations there are not altogether satisfied that home-brewing has been a success. Both have found it well nigh impossible to control the amount brewed (which in both places is limited to four gallons) and the problem of the single Native is still untouched. The latter wants his beer and consequently there is still a great deal of sale of Kaffir beer. M r. J. R. Brent, of the Kroonstad Location recommends the municipal beer hall system, but recognises the dislike of the Natives for such a system. He feels, however, that such a system would solve the problem of the single Native and by allowing standholders to take a certain amount of beer home with them, the Native who wished to drink at home would be catered for.1

183. It is noteworthy that M r. Cooper, of Bloemfontein location is convinced that the sobriety o f the Bloemfontein area has increased in recent years. The home-brewing system, however, has not stopped the entry of European liquor into the location. 1 his is still brought in illicitly, but to what extent is not stated. Certainly not sufficient enters the location to make it a problem. There is no evidence to show the extent of the brewing of the concocted liquors but M r. Cooper states definitely that not much is brewed in his location.

184. The Native Economic Commission gave careful consideration to the question of liquor when preparing its Report, and the Commission came to the conclusion that domestic brewing should be experimented with. The relevant paragraphs of the Report read as follows

70/ ....................“ It it wiser not to interfere with the normal course of the Native’s life, exceptwhere this proves to be necessary. In Native life the use of beer is as much an aid to conviviality as it is among Europeans. The attitude in this, as in so many Native customs, should not be to destroy it unless there is a valid reason for maintaining it, but to maintain it unless there is a valid reason to destroy it. It is a curious fact that many persons who would entrust the Native with advanced rights in matters entirely strange to him are yet averse to trusting him in a matter which is part of his everyday life.

762. “ The demand of the Natives generally is for home-brewing. Certain objections against this will be considered below. Your Commission feels, however, that the demand of the Native in this regard should be considered not from the point of view that it can only be granted if a case is made out for it, but that it should only be refused if a strong enough case can be made against it. This follows from the Commission’s opinion that the institutions and customs of the Natives should not unnecessarily be broken down.

763. “ We shall, however, proceed to examine the objections. It is maintained that if home- brewing is permitted it will become even more difficult than at present to deal with noxious con­coctions, a view which seems to b e b a s e d o n t h e assumption that the bulk of the Natives prefer these. A certain proportion of the Natives have acquired the taste for a stronger drink, and this class will always have to be reckoned with. But the general impression left on our mind by Native witnesses was that this class is a small minority, and that many Natives now consume these liquors because they are the only ones to be had. If wholesome utywala can be obtained without breaking the law, many will revert to it. Instead of giving the police a liquor problem, which affects a large part of the Native population, home-brewing would narrow it down to stronger drink. It is admitted that the opportunities of making this would be greater. This problem your Commission would suggest should be dealt with in the manner set out in paragraph 766 below.

764. “ It is further pointed out that home-brewing would not meet the case of unmarried Natives, who have no facilities for doing their own brewing, and that this would inevitably lead to the sale’to them of home-brewed beer. This conclusion may be admitted. But it does not appear to your Commissioners as a serious objection, for the following reasons .

(1) If the right to sell were admitted, competition would soon rid the system of the large pro­fits now attaching to it, which is the basis of much of the present evil. If immoral women, for the purpose of attracting Natives of a particular type, increased the alcoholic content of

1 Statements issued to Unofficial CommissionEvidence given before Native Economic Commission—p. 4701-4730, 5169-5178

the drink they provided, they would soon segregate the goats from the sheep and simplify the police problem. The method discussed in paragraph 766 would also assist to deal with this evil.

(2) The Natives who are satisfied with utyuala would tend to congregate in groups based on tribal loyalties. A certain standard of conduct would obtain at such gatherings, which would utilise the institutions of the Natives in the cause of law and order.

766. “ Home-brewing could undoubtedly be better controlled if the good services of the Natives themselves could be enlisted to guard against abuse. The idea of instilling in the Natives some pride in their own locations is dealt with more fully elsewhere. In this connection your Commission feels that a great deal of good could be done. Owing to the existing prohibition, home-brewing could be used as a privilege to be enjoyed as long as it is not abused. The inhabi­tants of a location could quite easily keep the system within bounds, and would be quite willing to do so if they understood clearly that this is a condition of their having it at all.”

185: In this latter connection it is noteworthy that M r. Cooper, Superintendent of Bloemfontein Location, where home-brewing is allowed, in accounting for the increase in sobriety there says that1 the increase in sobriety is not due to stricter control, but is due to the fact that Native leaders and the people themselves began to realise the seriousness of the position. When the Town Council threatened to exercise stricter control the Natives opposed this and gave an undertaking that they would exercise their influence so as to get rid of the undesirable class of brewer. This, Mr. Cooper considers, has been the cause of the improved state of affairs.

186. In evidence given before the Unofficial Commission at Nancefield, a Native stated that at Christmas time when the police give an undertaking not to raid the location, conditions are much better, for the residents exercise the necessary control and do it more efficiently than the police.

187. Bishop Carney, in evidence given before the Native Economic Commission, at Bloem­fontein, was in favour of a similar scheme.2 He suggested having Native licencees in various parts of the location to sell Kaffir beer under Municipal control. He was convinced that such a system would aim a blow at the illicit brewers and sellers because the licencees would object to someone else taking their profits and would act as policemen by reporting the illicit sellers. This system would make the Natives realise that the trade was being carried on for their own benefit and by their own people.

188. A Native witness before the Unofficial Commission considered that if home-brewing were allowed the Advisory Boards would be able to control it adequately. This control would be far more effective, less costly and more popular than police control.

189. M r. Ballenden, however, did not believe that control of that nature would be a success because residents of the locations would not report other residents to the authorities for breach of the regulations. He said “ it is quite hopeless to expect a body of Natives to carry out any form of espionage on other Natives in regard to the manufacture of Kaffir beer. In the Western Town­ship and in the Klipspruit location there is what is called the Civic Guard ; that is merely to stop assaults and affrays for the protection of the residents ; but if these men were asked to report brew­ing in these places, they simply would not do it .” 3

190. In New Brighton Location at Port Elizabeth4 home brewing has been in operation for over twenty years, and according to the location superintendent has been a complete success. The location is divided into two areas, in one of which brewing is allowed under permit and in the other area there is total prohibition. This has resulted in “ church ” Natives and those opposed to beer drinking occupying for the most part the “ dry ” area, while beer-drinking Natives have drifted into the area in which beer is permitted. In this way, both types of people are able to reside under the conditions they desire.

191. The area in which brewing is permitted is sub-divided into three sections, in only one of which brewing is permitted at one time, Each householder in one of these sections receives, on application, a permit to brew eight gallons a day for six days, no beer being permitted in the other two sections during that week. In other words, a householder, after brewing during one week does not brew during the following two weeks. On Sundays no beer is permitted anywhere.

192. The superintendent states that “ the system is giving every satisfaction, not only to the majority of the Native inhabitants, but to the local authority and to the Administration. For years past there has been little disorderliness, riotous behaviour or crimes of violence. Drunken-1 Evidence given before Native Economic Commission— p. 5169/781 Evidence given before Native Economic Commission—p. 5178/802 Evidence given before Native Economic Commission— pages 7720/ 253 Information supplied by Superintendent, New Brighton Location

ness in Native urban locations is reported to be on the increase. Under the present system of brewing, it has definitely decreased at New Brighton as the following figures, taken from the records of the local South African Police station prove : ”

Prosecutions for drunkenness 1928—591929-4119 30 -4 41931-4119 32 -3 019 33 -2 01934-16

193. Control at Port Elizabeth is invested to a large extent in the residents themselves through a system of headmen. There are six headmen under a chief headman, all of whom are wholetime officials. Each headman is allocated a specified ward for which he is responsible and in which he is required to live. Although the headman is vested with powers of a special constable he is not looked upon by the residents as a policeman and he receives their confidence and support. Among his duties, which are of a wide and varied nature, is the suppression of illicit liquor traffic, and consequent upon the confidence of the residents which he enioys, this has been made possible.

(iii) SUPPLY OF KAFFIR BEER TH RO U G H BEER HALL SYSTEM194. The Transvaal Liquor Commission which, under the chairmanship of M r. H. O.

Buckle, reported on 30th March, 1910, recommended that the Government should proclaim areas within which canteens for Natives should be established. In these canteens the Government was to sell “ for consumption on the premises only, wholesome Kaffir beer of an approved alcoholic strength.” (N.B. Two of the five Commissioners were in favour of natural wine being included). The 1910 Commission recommended further, that food should be supplied at these canteens, either by the Government itself or by Native lessees of tables. Certain recommenda­tions were made as to the supply of liquor to Natives, Coloured and Asiatics, outside the pro­claimed areas, but these are dealt with later.

195. The Select Committeeon the working of the Transvaal Liquor Laws which reported in April 1918 recommended that1 “ Kaffir and malt beer not exceeding 10 per cent proof spirit, and pure natural wine of approved alcoholic strength should be sold to Natives and Coloured persons in canteens, to be consumed on the premises under such restrictions and in such manner as to ensure that no drunkenness or disorderly conduct takes place. These canteens should be under strict State control and be run by Government officials and should in addition to beer and natural wines (the sale of which should not be “ pushed ”) also supply non-alcoholic drinks. The profits made by these canteens should be utilised for the benefit of the Natives and Colouredpersons.......... so as not to create a source of profit for the State. The element of profit makingshould as far as possible, be eliminated.” The Commission recommended further “ that the Governor-General should be empowered to fix and define by proclamation areas in the Transvaal Province within which canteens for the purpose of supplying those liquors to Natives and Colouredpersons will be opened by Government........ The liquor should be consumed on the premises andshould be of good quality. Regulations should be promulgated in connection with running the canteens, for preventing over-indulgence and drunkenness................”

196. It must be noted that the 1918 Commission did not agree with the 1910 Commission that food should be supplied at the same canteens at which liquor was supplied. After considering evidence on the Durban system where eating houses were run in connection with the Municipal Beer Canteens, the Commission felt that “ this may have the effect of encouraging loafing and hanging about the canteens,” and the system could therefore not be recommended.

197. It was found by the Unofficial Commission that any suggestion to recommend Municipal or Government canteens or beer halls was received without favour by Native witnesses. The feeling of uneducated Natives was one of distrust for anything Municipal or Government. The feeling that the Municipality “ would charge too much for drink and take away the salaries of all the young boys,” 2 and that “ the Municipality might get rich ” out of the sale of drink to them, was common.3 Another criticism, frequently heard, was that beer brewed by the Municipality has a different flavour from that brewed by the Natives themselves.4 Moreover, municipal-brewed beer is usually weaker than the genuine Native brew and does not satisfy the Native who wants some-1 Seiect Committee 2-18 X V II I

’ Evidence before Unofficial Commission at Germiston? Evidence before Unofficial Commission at Nigel* Evidence before Unofficial Commission at Bantu M en’s Social Centre

thing with a “ kick ” in it .1 Municipal beer halls, for this reason, cannot make any real impression on the illicit liquor traffic.2 This fact was clearly recognised by the Commission on the working of the Transvaal Liquor Laws (1918)3 when it advocated the supply of natural wines to Natives. It must be borne in mind, too, that the beer supplied on the mines has not satisfied the Native. Where control has not been too strict to do so, the Native has fortified his beer with sugar and yeast, and where control has been strict he has gone to the illicit seller for something with a “ kick.”

198. A witness before the Unofficial Commission4 put the unpopularity of beer halls down to the fact that “ beer halls could only be conducted under strict control, and this is not what the Native wants.” He wants freedom to do as he likes, to have his women with him and to drink at leisure and at home. The same witness compared the municipalities of Pietermaritzburg and Bloemfontein where in the former beer is supplied under the beer hall system and in the latter a certain amount of home-brewing is allowed. He said that as far as European liquor was concern­ed, he found that there were more arrests in Pietermaritzburg than in Bloemfontein for illicit liquor dealing. For this reason the witness was not prepared to say that the introduction of the beer hall system on the Reef would put an end to the illicit liquor traffic in European liquors.

199. According to Mr. Rheinallt Jones5 it is quite clear that Municipal brewing is going down very steadily in popularity. “ In northern Natal the figures showing the decrease in con­sumption are striking and this is said, not to be due to a special boycott but due to the desire of the Natives for home-brewing. One of the troubles, however, “ is a feeling of resentment because of the high prices charged. The prices charged are four or five times what it would cost the individual to make the beer himself, and there was a feeling of resentment that the Municipality should make money out of it .”

200. Rev. Dr. J. R. L. Kingon in a paper read at the Fifth Triennial South African Con­vention of the South African Temperance Alliance6 contends that the municipal system in Natal has broken down.

201 . The two important reasons for initiating the system, viz. to curb the illicit traffic and to provide funds for Native welfare and development, no longer exist. Dr. Kingon points out that some municipal canteens have lost popularity to such an extent that they are being run at a loss. He submits a table of the Brewery takings for the borough of Dundee which shows that the takings declined steadily from ,£1205 7s. 3d. in 1929 to £289 12s. 4d. in 1933. At the same time the illicit trade in European and Native Liquor has increased by leaps and bounds.

202. Detective Hoffman7 pointed out that whatever system of supplying beer to Natives is adopted, provision will have to be made for the single as well as the married Natives. For this reason he advocated the canteen system under Government control. He advocated the allowing of Native women to brew the beer. Further he considered that there should be separate canteens for women and men. He felt that where there were canteens for both women and men to drink together, the system would be open to abuse and would lead to prostitution. He opposed the licensing of “ Kaffir beer places under the present eating house system.” M r. Hoffman did not consider that the system he advocated would stop the illicit brewing of liquor, but he considered that it would stop a great deal of selling and would make the difference to the police, between a problem which they could handle and a problem which was beyond them. M r. Hoffman was opposed to home-brewing on the grounds that “ a lot of the women who are not brewing Kaffir beer to-day and who are leading at present good lives, will be brought into the liquor trade.”

203. Several witnesses suggested that home-brewing should be allowed and at the same time there should be municipal beer halls to cater for the single Native. Major Cooke opposed this on the grounds that it would weaken administrative control to have the two systems operating side by side.8

204. The Native Economic Commission, after taking considerable evidence on the subject, was emphatic in condemning the municipal beer hall system. Its report reads9 “ The system of municipal beer halls has existed in Natal for a considerable time, and from some points of view it has been successful. There is, however, considerable objection on the part of the Natives to it, not only on the score of expenses, but also because of the atmosphere attaching to it. I t has been1 Evidence before Unofficial Commission at Bantu M en’s Social Centre2 Evidence before Unofficial Commission at Germistona Select Committee 2-18 page X V II I4 Evidence before Unofficial Commission'Evidence given before Native Economic Commission—page 9041/38 Proceedings— pages 15-20 (October 24th-26th, 1933)’ Evidence given before Native Economic Commission page 7647/548 Evidence given in a statement to the Native Economic Commission— page 201 Report o f Native Economic Commission— page I I I Par. 760-761

described as ‘ drinking in a cage.’ The beer hall system seems to be based on the idea that it is wrong for the Native to have his beer ; but, to make allowance for his weakness, he is permitted to have it under unsociable conditions.

205. “ It appears to your Commission to be wrong to grant the Native the right to have beer but to attach a stigma to the manner in which he may obtain it. The exclusion of his national drink from his home, and the view that he can only be allowed to have it ‘ in a cage ’ under the eyes of a European certainly does attach a stigma to it—a stigma which the Native feels and to which he objects.”

206. It is noteworthy that in December 1933 the Borough Court Magistrate at Durban remarked on the increase in drunkenness among Natives in Durban .1 Other responsible persons have commented on the same fact including the Chief Native Commissioner for Natal, M r. H. C. Lugg.2 It must be noted, however, that the reason given for this is that beer is not supplied on Sundays, the day when the Native has most leisure and really wants his beer. The result is that he turns to the illicit seller for his drink. Mr. Lugg considered the only solution to be the supply of beer on Sundays*

207. In evidence given before the Native Economic Commission, Rev. H. Pamla4 stated emphatically that in Ladysmith, where the Municipal Beer hall system was in vogue, there had been no decrease in the concocted liquors brewed, and that the Natives were being encouraged to spend far more money than they could afford. The boycott of the beer hall had arisen because the people wanted home-brewing. The women did not necessarily wish to sell beer themselves but they had boycotted the beer halls because they saw their husbands were spending too much money there.

(iv) SUPPLY OF LIQUOR O F EUROPEAN M ANUFACTURE208. A large body of opinion, European and Native, is convinced that legalisation of the

supply of Kaffir beer alone will not solve the real problem of illicit liquor.6 There has grown up, and is steadily growing, a large section of the Native population which has acquired the taste for liquor of European manufacture, and insists on satisfying this taste. It is impossible to estimate the proportion of this class (which includes mine labourers from Portuguese territory who have acquired the taste for wine) to the classes who would be satisfied with Kaffir beer only, but it has been stated that this body is considerable and unless its taste can be satisfied, the trade in illicit liquor of European manufacture will remain unaffected. By legalising the sale of European liquors, it is stated, Natives who wish to have it, will be able to obtain good brands of liquor, and the adulterated and poisonous varieties will be automatically excluded. Further, it will be obtain­able more cheaply than at present.6

209. The Select Committee on the Working of the Transvaal Liquor Laws7 although unable to recommend the supply of spirits to Natives, recommended the supply of “ pure natural wine of approved alcoholic strength.” The reasons for coming to this conclusion were inter alia the fact that “ a very large number of the Natives resident and working in the Transvaal have un­fortunately and unquestionably acquired a taste for strong drink, and there can be no doubt that they will not be satisfied with Kaffir beer only. Senator Schreiner (Q . 148) testified that ‘ they (the Natives from Portuguese East Africa) distil liquor and drink strongly fortified wine imported from Portugal . . . . and when they come to the Rand they must have something of the same kind. Kaffir beer will never satisfy them—and it is these people, i.e. the Portuguese Natives, who are the great and principal clientele of the illicit liquor seller.’ Similar evidence was given by other respon­sible witnesses.

210. “ Whilst it is fully and clearly recognised that a considerable percentage of Natives is very abstemious in the use of liquor, and that a number of them are total abstainers, it appears clearly from the evidence that Natives have from time immemorial been accustomed to alcoholic beverages of varying strength, and that, notwithstanding the prohibition laws, large numbers of Natives take liquor, and that apparently it will not be possible to prevent them doing so......................

211. “ It does not seem to your Committee at all likely that the large number of Portuguese Natives (82,604) on the Rand (to say nothing of Natives from other parts of South Africa) would be1 N atal Advertiser 18/12/332 N atal Advertiser 2 1/10 /333 Ibid4 Evidence before Native Economic Commission— page 2418 and page 24335 Evidence before Unofficial Commission at Nancefield B .M .S .C . etc.6 Evidence of M r. Gould at Brakpan Location’ Select Committee 2 -18 X V I I I seq.

satisfied with Kaffir beer only, and that, consequently, the activities of the illicit liquor seller, as far as those Natives are concerned would not be affected, unless provision for the use of wine be made.

212. “ I t is considered that if Natives, etc., find they can obtain unadulterated liquor of good quality, as recommended in this Report, at a reasonable price and have the right to consume it at their leisure, without fear of punishment they will prefer patronising the Government canteens to running the grave risks they at present do for the sake of getting liquor from the illicit dealer.”

213. The supporters of the system of supply of European liquors to Natives were not able to agree on the way the supply should be carried out.

214. There are several possible ways of supplying liquor of European manufacture to Natives and these will be considered separately.

(a) Canteen or Bar System215. The Select Committee on the working of the Transvaal Liquor Laws1 recommended

the establishment of Government Canteens for Natives, in which natural wines and beer would be supplied. The reasons for this recommendation have already been quoted.

216. Addressing the Unofficial Liquor Commission a location superintendent on the Reef2 advocated the opening of “ legalised canteens where Natives can get liquor openly and to a reason­able extent. He felt that such a system would rid the Reef of all the evils of the illicit liquor traffic. “ Moreover,” said the witness “ by introducing a system of this nature, the Government need have no qualms as it would not be giving the Native anything that he has not already got.”

217. And further “ With liquor legally accessible, the temperance worker could get on with his work. Under the existing system the man who advocates temperance is accused of being in league with and possibly in the pay of the European to secure the oppression of the Native.” The revenue from these canteens could be earmarked for Native development. Evidence of a similar nature wTas given by another location superintendent who considered that a Native should be allowed to buy whatever type of drink he desired and could pay for.3

218. Addressing the Native Economic Commission M r. J. B. Crutse of Kroonstad, stated that while Natives are opposed to the Municipalisation of beer, this constant illicit liquor traffic makes the majority of Natives feel that there should be no prohibition and that some provision should be made for the Natives who want to be able to have their drink. “ They do not want a municipal beer canteen, they want wine shops such as those in the Cape Province.”

219. Similar evidence was given by the Kroonstad Location Advisory Board. The Board believed that “ The establishment of Native canteens and wine shops seems to be a fair solution under proper supervision and regulation and has worked without ill effect in the Cape.”

220. M r. W. J. MacDonald^ Superintendent, Municipal Locations, Kimberley, speaking before the Native Economic Commission, said “ Liquor Supply ‘ Depots ’ under Government control have not so far received that consideration, nor have they been brought to the notice of the Public, to the extent that other solutions to the Liquor Problems have, and there is no doubt that considerable opposition will be brought to bear against such a system. If, however, a genuine attempt is to be made towards solving the problems connected with racial or class prohibition and of removing the grievances that must arise from such racial restrictions, then the question will have to be considered and examined from every aspect. For several reasons, such system would be better if established under the sole control of the Government and not municipal. Government has at its command the Excise, Police and other Organized Departments, and would therefore be in a better position to control and maintain such a system than a Municipal Authority. It has likewise its expert officials and advisors through whom it would be possible to guarantee that all liquor supplied would be of a given standard and to see that all regulations framed for the purpose of conducting the business were enforced. If the system were conducted on the same lines as the Municipal Kaffir Beer Monopoly, then without a doubt it would be for the general good and pro­tection of the Native community.”

221. Giving evidence before the Select Committee on the Liquor Bill (1926) Major A. E. Trigger, former head of the C. I. D., Johannesburg, favoured the establishing of Government wine and beer shops as an experiment. He believed the illicit drinking would be discontinued and the supply of liquor brought under control in this manner.4

1 Select Committee 2-18 Page X V II I2 M r. Gould before Unofficial Commission at Brakpan3 M r. Stirton before Unofficial Commission at Boksburg4 S .C . 2-18 , paragraph 482

222. The Magistrate and Native Commissioner of Heidelberg1 was satisfied that it was impossible to prevent Natives obtaining liquor. Trebling the illicit liquor suppression staff of the Police would not be of aay material assistance towards this end.

(b) Permit System223. The permit system of supply of European liquor to Natives was made possible by Act

30 of 1928, Section 101.224. A permit is issued by a magistrate who usually takes consideration of police reports on the

applicant, but he is able to use his discretion as to whether a permit should be issued to the applicant or not. The applicant’s salary, character and standard of living are usually taken into consideration before issuing a perm it.2

225. The support for this system came from Native witnesses, many of whom were themselves in possession of permits. One Native advocated the permit system as it would prevent Natives who regularly took too much liquor, from getting any at all.3 The chief reason for advocating the permit system was that there would be less drunkenness and rioting due to drunkenness if Natives could buy their European liquor from bottle stores and drink it at leisure at home.4 All the witnesses who favoured the permit system, condemned the canteen system. Several witnesses stated that those who held permits did not abuse them5 but another said that the system was being abused owing to the desire of bottle stores to sell as much liquor as they could. A permit is supposed to be endorsed by the bottle store each time the holder purchases liquor, but this is not always done by unscrupulous people. The police, thus, have no check on the amount of liquor a permit holder has had.

226. Although several witnesses advocated the extension of the permit system, other Native witnesses felt that such an extension would not be of material value in combating the illicit liquor traffic. There would still be the large number of uneducated Natives, who would not be able to obtain permits, yet wished to have European liquor.6 Two Native witnesses recommended that the permit system should be extended for the use of both European and Native alike and that bars and canteens should be closed down.7

227. M r. J. R. Brent, Superintendent of Kroonstad location, considered that the permit system worked well in his location, where Kaffir beer was allowed, and he advocated the system for “ Natives of good standing and sober habits.” He stipulated, however, that liquor supplied should be chiefly wine, beer, and stout, and the permit should only be granted on the recommenda­tion of the location superintendent.8

(c) Tot System228. What is commonly known as the “ tot system ” is a possible method of supply of Euro­

pean liquor to Natives which should be considered. The tot system is generally recognised as the system by which an employer can give his Native or Coloured servant a daily drink of liquor. This system is at present in vogue in the Cape Province and was recommended for use in the Transvaal amongst Coloured persons and Asiatics by the Transvaal Liquor Commission (1910). The same Commission recommended that the tot system should be extended to Natives, in that “ outside proclaimed areas9 European employers should be permitted to give to their Native servants liquor of the same class10 as is sold in Native canteens.”

229. The 1918 Select Committee on the Working of the Transvaal Liquor Laws also recom­mended the extension of the tot system to Coloured persons in the Transvaal but did not advocate extending the system to Natives.

230. Yet any suggestion to extend the tot system to the Transvaal has been unpopular with the authorities. Major Mitchell of the C .I.D . Johannesburg told the Native Economc Com­mission11 that “ the Free State has legislation which permits this (the tot system) and from four1 Replies to Questionnaires by Magistrates (Native Economic Commission)2 Information given by M r. H . Britten at a meeting of the Unofficial Commission3 M r. Makoti before Unofficial Commission.4 Evidence before unofficial Commission at B .M .S .C . Nancefield, etc.5 M r. Talazo, an interpreter at Brakpan and others6 Evidence before Unofficial Commission at Brakpan7 Evidence before Unofficial Commission at B .M .S .C .8 Statement submitted to the Unofficial Commission9 i.e. areas proclaimed by Government within which canteens for the sale of liquor to Natives might be

established10i.e. “ wholesome Kaffir beer of an approved alcoholic strength”11 Statement presented to Native Economic Commission

years experience in that Province I can only say that in a purely rural area such as the Free State no harm appears to be done. The extension of such a system to the Witwaterstand would, in myopinion, be ruinous both to Europeans and Natives........ The gift of the daily tot would not satisfythe longing of the Native for liquor. It would only make him long for m ore.”

231. The Transvaal Mining Industry has opposed the tot system strongly on more than one occasion. In a memorandum issued by the Mining Industry in criticism of the Liquor (Amend­ment) Bill (1931) the following objections, among others, were raised:—

(1) The great majority of Union Natives are at present unaccustomed to the use of wine, spirits, or malt liquor. The gift to them of a gratis tot of any of these liquors would be bound to create a taste for the more potent of these. Such a taste, once acquired, would not be satisfied with the “ tot ” and many Natives who at present do not drink at all, would seek to supplement the ration from illicit sources.

(2) Quite a number of mine workers are barely eighteen years of age and “ few European parents would consent to let their sons of that age drink the amount of liquor provided for in the Bill.”

(3) The tot system has failed in the Western districts of the Cape where the Select Com­mittee on drunkenness in the Western Districts of the Cape (1918) found that the prevalence of drunkenness among Coloured people there was deplorable. “ both actually and in comparison with the rest of the Cape Province.”

(4) The tot system would strengthen the illicit liquor dealers and tend to an increase in the trade.

(5) The efficiency of Native labour would be impaired.(6) “ The idea that the wine farming industry would benefit by the permission to employers

to supply liquor to mine Natives is entirely illusory. Under no circumstances will the Transvaal Mining Industry sanction any gratis distribution of liquor to the Native employees o f the Mines. Therefore any increased market for the sale of wine will simply mean that the illicit liquor trade is being stimulated, and it is not credible that wine farmers desire th is.”

(v) PROVISION OF FA C ILITIES FOR RECREATION AND EDUCATION(a) Recreation232. Witnesses giving evidence before the Native Economic Commission stressed the good

effect sport was having in diminishing the evils arising from excessive drinking.233. Mr. Ballenden,1 Manager of the Municipal Native Affairs Department, Johannesburg,

stated that though he would not like to say that there had been a diminution in Native crime since games for Natives were started, “ there had definitely been a diminution in drinking and in the outcome of drinking, that is, in assaults on each other.” At the Wemmer Sports Ground, M r. Ballenden considered that the decrease in the number of Natives who got “ fuddled ” over the weekend was from seventy to eighty per cent.

234. Rev. Ray E. Phillips, in a summary of Native recreational work presented to the Native Economic Commission stated that “ dozens of compound managers and others have remarked on the beneficial effect of the bioscope in compounds. It has had a direct and beneficial effect on drinking ” 2

235. Mr. A. Friedheim, Inspector, Railway Police Headquarters, Johannesburg, recom­mended3 “ as many State-aided playgrounds as possible for Natives in as many centres as possible.” He thought that this would do away with fifty per cent of crime and drunkenness, for he considered sport “ the finest thing to counteract crime and drunkenness.”

236. Mr. Cooper, Superintendent of Bloemfontein Location informed the Native Economic Commission that since a sports ground for Natives was opened by the Council “ there has been a decrease in Sunday afternoon beer drinks and other immoral practices.”

237. Finally, the Native Economic Commission, after considering the activities of Amalayita gangs in Johannesburg says4 “ much good is done by the police in combating Amalayita activities but at best the result is little more than the punishment of culprits. More good to all concerned would probably follow from an outlet being afforded to young Natives in towns for their surplus1 Evidence given before Native Economic Commission— page 77192 Page 4 of Summary3 Evidence given before Native Economic Commission— page 80954 Report of Native Economic Commission— Par. 781

energies, by way of recreation and competitive games during their spare time, opportunity being given them for healthy ‘ deeds of daring ’—even in make-believe—and for acts that go to form manly character.”

(b) Education238. M r. Hoffman told the Native Economic Commission1 that he considered there was less

drinking among educated Natives than among the uneducated. He did not think “ that the educated Native, as a class, drinks as much or wants to drink as much as the Native who comes straight from the kraal.” He thought, too, “ that the kraal Native drinks far more Kaffir beer thanthe educated Native. If the educated Native wants a d r in k ........... he generally goes in for brandyor for wine.......... ”

239. M r. J. R. Brent, Superintendent of Kroonstad Location was certain that “ education is making the Native more temperate and sober.”

240. Dr. A. B. Xuma2 agreed that the educated Native does not drink as much as the uneducated Native, but had no explanation to offer.

241. The Town Council of Pretoria3 too, considered that the liquor problem would right itself “ in time with education.”

242. On the other hand, M r. Ballenden8 was not prepared to say that educated Natives drink less than the uneducated ones He believed that there is a small percentage of Natives who do not drink but they come from all classes.

243. Major Cooke4 had not been able to form any opinion as to the effect of education in producing teetotallers among Natives but he was sure that not all educated Natives were teetotallers. Nevertheless Major Cooke was convinced that “ Some of the money that is now spent on enforcing prohibition could be very profitably spent on education as to the effects of alcohol ”

1 Evidence given before Native Economic Commission-—page 7655/602 Evidence given before Native Economic Commission— page 83633 Evidence given before Native Economic Commission4 Evidence given before Native Economic Commission— page 7301 /6

RECOMMENDATIONS244. After giving careful consideration to the position as outlined in the foregoing pages

the Commission is unanimously of opinion that the present state of affairs on the Reef is intolei - able and should be remedied. To the most superficial reader of the Report it must be obvious that the enormous illicit trade in liquor of all kinds is having a degrading effect both physically and morally, on those who buy and those who sell.

245. The question is, how is the position to be improved ?246. A strong body of opinion has advocated the tightening up of the liquor laws, a larger

police force, heavier penalties for infringement of the law and various other measures designed to bring about stricter control. The protagonists of this view believe that such measures will con­siderably reduce the illicit liquor traffic. They believe, too, that to make liquor of any sort available to Natives, will result in a reversion to the appalling conditions which existed on the Reef prior to 1896.

247. The Commission considers that stricter control would be of considerable benefit, but stricter control by itself will not solve the problem. The main problem is not one of control though there are many ways (which will be mentioned later) in which control could be better exercised.

248. Prior to 1896 it must be remembered Johannesburg was no more than an overgrown mining town. Bottle stores and bars were unlimited and literally existed at every street corner. Police control was negligible. Above all, the Native population was almost entirely “ floating ” and bachelor in character. Men came to the mines for a fixed period and returned when they had earned as much money as they required. They left their wives and families at home knowing full well that they would return at the earliest opportunity. A settled urban population had not yet grown up and women were overwhelmingly outnumbered by men. Under these conditions the free sale of liquor could have no other than disastrous effects, and prohibition came none too soon.

249. But conditions have changed since 1896. A large responsible urban Native popula­tion has grown up. Many of these people were born in Johannesburg and its environs. They earn their living here and they intend to stay. They are a people quite apart from the mine labourers who reside in the compounds and who will return to their homes in the country as soon as they can. They are a people with a developed sense of responsibility and must be treated as such.

250. It should be realised at the outset that the “ liquor problem ” is not really one problem but two separate problems. A distinction must be made between European liquor and Native brewed liquor.

A. KA FFIR BEER251. The Commission believes that to deprive the Native of his Kaffir beer by legal

enactment was a grave mistake.252. There is no doubt that Kaffir beer has intoxicating properties if taken in sufficient

quantities, but the Commission does not believe that drunkenness will increase as a result of making Kaffir beer available to the Natives. Instead, the Commission is of opinion, that many Natives who are now accustomed to the use of Kaffir beer, but not stronger liquors, will be kept from drinking such stronger liquors by an opportunity being given to obtain Kaffir beer legally.

253. Further, it is an anomalous position that Kaffir beer should be illegal within a three mile limit of a municipal area, and yet legal everywhere else. Discrimination of this kind is quite incomprehensible to the average Native. He is aware that it is breaking the law to brew and drink Kaffir beer in the municipal area, but he certainly does not regard it as a crime.

254. The Commission urges thus that the only just procedure is to allow the Native to have his Kaffir beer.

255. The problem resolves itself into one of the method of supply.256. What is commonly known as the Durban system has been given a long trial in Natal, yet

it cannot be said to have proved an entire success. The Natives dislike and distrust a Municipally controlled system and on more than one occasion have boycotted the canteens. They object to the

principle of a profit being made out of their beer, and they object to the flavour of the beer brewed. Reports show too that illicit brewing of concoctions is on the increase in Natal. “ Drinking in a Cage ” is the way the Natives describe the Durban system, and the Native Economic Commission has heartily condemned it .2

257. Domestic brewing has been tried in the Free State, Transvaal and the Cape. At Kroonstad and Bloemfontein where this system has been tried over a period of years, the superin­tendents though admitting that drunkenness has decreased, do not consider that domestic brew­ing has been a complete success. Domestic brewing gives cover for the brewing of concoctions and for sale, and it is difficult to control. On the other hand domestic brewing is the system most favoured by the Natives themselves. They are able to brew beer to their taste, and much more cheaply than it can be bought in Municipal canteens.2

258. The Port Elizabeth system of dividing the location into “ wet ” and “ dry ” areas with control by headmen, appears to have worked with far greater success than any other system tried. The superintendent has nothing but good to say for this system which has been in operation for over twenty years. I t is noteworthy that in 1934 there were only sixteen prosecutions for drunkenness, and disorderliness and riotous behaviour are almost unknown.3

259. Yet on the Reef, it is felt that something more is required than the Port Elizabeth system. Conditions are quite different from those found anywhere else in South Africa. For this reason the Commission is convinced that experimentation is essential and is not prepared to say that any one system is better than another.

260. The Commission is strongly of opinion that more than one system (e.g. canteen system and domestic brewing) will need to be tried to meet local conditions and urges that one with­out the other is sure to prove a failure.

261 . A real weakness of the Durban system which has been overlooked by many observers is that no provision is made for the householder to take a quiet drink of beer in his home. If a man wishes to have a drink of beer he is compelled to line up in a long queue and wait his turn before being served, and then he has to drink it in uncongenial surroundings.

262. The Bloemfontein system on the other hand has suffered for a different, but equally important reason. While the married standholder is provided for, the single Native has no means of getting his beer. He might, of course, be given some by his married friends, but usually he has to buy it.

263. It is the opinion of the Commission that in any scheme adopted, provision should be made for both the single and the married Native. By that means only will it be possible to control illicit selling.

264. Before outlining the details of the proposed scheme for the supply of Kaffir beer the Commission would emphasise very strongly, that it does not believe that by this, or any other scheme, the making and selling of concoctions will cease, but it does believe that these evils will diminish considerably and the Police will be given a far better chance of enforcing the law.

265 . The system which the Commission recommends for the Reef follows here. It should be noted that a clear distinction is made between (1) the Locations and (2) the Town.

1. I N TH E L O C A T IO N SI. Local Option

Local option to be permitted for the whole or any well-defined portion of a location.II. Home Brewing under the following conditions :

(a) Permits to brew be granted to approved registered Male standholders.(b) Limitation of quantity (e.g. 8 gallons per week).(c) Power of inspection by Municipal Officers (see Port Elizabeth scheme for use ofheadmen).(d) Power of cancellation of permit for conviction for sale or adulteration.

I I I . Municipal Brewing with sale in Municipal restaurants under the following conditions:(a) Native Advisory Board to have monthly returns submitted to it, and its re­commendations as to improvements to be given fullest possible weight.

1 See paragraphs 194-202 above2 See paragraphs 172 -19 3 above3 See paragraphs 190-193 above and Appendix I I I

(b) Care in provision of conditions under which food and drink supplied (e.g. private parlour where need exists).(c) Men only to be admitted in beer lounge where drink only is served, fd) No sale to persons under 18.(e) Alcoholic content to be limited.(f) The Commission strongly recommends a no-profit system. If the Municipality insists that profits be made then these to be devoted to the development of such social amenities as will offer wider social and cultural interests to counteract un­healthy tendencies tc excessive drinking.

IV. Kaffir Beer and Eating House LicencesCertain members approve of the principle of Kaffir beer and Eating House licences being granted to approved Natives, and would like an experiment to be made in this direction. On the other hand other members of the Commission are opposed to the introduction of private profit in the sale of Kaffir beer.

2. IN TO W NI. Municipal Restaurants at which food and Kaffir beer would be available and attached

to each a public Kaffir beer lounge, all under European management, and accessible to the mass of Natives living or working in town.

II. Permits to Employees who employ twenty-five Natives or more, and accommodate them in their own compounds, to supply a ration of Kaffir beer under specific con­ditions (as in force at present).

B. LIQ UO R OF EUROPEAN M ANUFACTURE266. There is abundant evidence to show that there are many Natives of all classes who

have got used to European liquor and prefer something stronger than Kaffir beer, and its supply constitutes a most important phase of the problem.

267. After giving careful consideration to the position, certain members of the Com­mission believe that the supply of Kaffir beer alone will not solve the problem as it exists on the Reef to-day. It is certain that conditions will improve, but the large mass of Natives who drink have developed a taste for wines and will not be weaned from the taste by Kaffir beer. The law will still be evaded and the suppliers of liquor will still be able to conduct their trade.

268. A great deal of evidence, in favour of the supply of European liquor will be found in the Report, as also strong evidence against.1

269. A number of location superintendents on the Reef are in favour of the supply of Euro­pean liquor as well as Kaffir beer, to the Natives. They feel that by that means only will the illicit trade be controlled. On the other hand M r. Ballenden, Manager of the Johannesburg Municipal Native Affairs Department, expresses the views of a strong body of opinion when he opposes strongly the principle of the supply of European liquor. He feels that the South African Natives are not used to European Liquor and invariably “ come to grief ” when they take it. The view' appears to be taken that as soon as legal access is given to European liquor, drunkenness and crime of all kinds will increase.

270. I t is urged by the advocates of the supply of European liquor that as to-day Natives do buy European liquor whether the law permits it or not, it is most unlikely that with a controlled system of supply the evils anticipated will arise.

271. Further there are on the Reef many thousands of Native mine workers from Portuguese territory where wines are procurable and partaken of freely. These Natives are used to European liquor and will insist on getting it.

272. The Business Manager of the “ Lourenco Marques Guardian ” who has resided in Lourenco Marques for 35 years states (i) that “ owning to the Natives being able to obtain whole­some, good quality, red or white wine, without restriction, they are satisfied and do not crave for or think of strong spirits.” He adds further, “ there is indeed very little drunkenness among the Coloured people, and I have yet to hear of any White woman being attacked by Natives. Consider­ing the great number of stores and canteens existing everywhere, and the enormous quantities of1 See Paragraphs 208-231 above

wines sold, it is indeed surprising how little crime or trouble comes from the Natives. I cannot recall a single instance of trouble through drink and therefore am a strong advocate for the supply of pure wine to the Native.”

273. Evidence of a similar nature was submitted by Captain Manuel Vaz, editor of Noticias, a daily newspaper in Lourenco Marques. He stated that practically all the Natives drink imported wines from Portugal, the only control being the price. Yet he knew of no instance of a White woman being attacked by a Native. I t must be noticed, of course, that these remarks apply only to the Southern part of Portuguese East Africa as the Northern portion is under certain inter­national agreements whereby European liquors are not sold to Natives.

274. It has been stated above that several members of the Commission believe that the logical solution is the supply of European liquor to Natives under strict control, but on the other hand the remaining members are definitely opposed to this. There is complete agreement however, that there is a danger of the experiments in Kaffir beer being complicated by the introduction of European liquor. The Commission recommends, therefore, that the experiments in Kaffir beer be given a reasonable trial of, say three years, at the end of which the whole position could be recon­sidered in the light of experience gained.

275. Finally, the Commission would point out that under the existing Liquor Act provision is made for exemption from the Act of certain Coloured, Asiatics and Natives. These exemptions have not been taken advantage of to any great extent.

C. GENERAL RECOM M ENDATIONS FOR STRIC TER CONTROL276. The Commission believes that the acceptance of the following recommendations

would have considerable influence in controlling the illicit liquor trade and strongly urges that they be adopted.

(a) Control of Bottle StoresI. The Commission urges that a clearer distinction than at present be made between wholesale and retail licences. The wholesale licences should be diminished and bottling should be done by wholesalers only. At present most bottle stores have both retail and wholesale licences and are therefore permitted to do their own bottling.II. Inspectors (officials in the Department of Excise and Customs) should be appointed to whom wholesalers and retailers should render monthly returns of purchases and sales, with surprise inspections.III . The sale of low grade liquor should be prohibited.

(b) Heavier PenaltiesI. Infringements of the liquor laws should be more severely dealt with than at present. Farm colonies should be created for habitual offenders who should not receive the option of a fine after the third conviction.II. Motor cars apprehended in the transportation of illicit liquor should be subject to confiscation, unless it is proved that the car has been stolen from its rightful owner.

(c) “ Warning ” before “ trapping ”The present system, whereby a suspected liquor seller must be warned before being “ trapped ” is a great handicap to the Police. The effect of this provision has been shown to be that a roan, once warned, often delegates the trade to his wife or some other relation, who, in turn , has to be warned. The provision was introduced in a Depart­mental Circular and could be withdrawn in a similar way.

(d) PoliceI. A larger police force is required to control the traffic in illicit liquor. There should be frequent changes in personnel so as to counter their becoming well known to the traffickers and also the accusations of “ graft ” which are freely brought forward.II . The practice of indiscriminate raiding in the locations should be curtailed so as to avoid hardship to innocent residents.

(e) Supply of Yeast and M altThe Government is urged to exercise stricter control of manufacture and supply of yeast and malt, but in view of the fact that the existing prohibition of the sale of yeast

to Natives appears to impose considerable hardship on law-abiding Natives, steps should be taken under Section 123(3) of the Liquor Act to allow the purchase of yeast by Natives under permit.

(f) RecreationThe value of sport in counteracting the desire for drink has been stressed in the Report. The Commission is convinced that much of the excessive drinking which takes place is due to lack of social outlet. T he average Native has no interests to occupy his spare time and steps should be taken to provide him with additional interests. By providing more and better sports grounds and playing fields, bioscopes and other social amenities, the municipality would do the Native people a great service in furnishing counter attractions to excessive drinking.

(g) WagesFinally the Commission urges that immediate steps be taken by the Government to initiate an investigation into Native wages. It was repeatedly placed before the Com­mission in evidence that the economic conditions of the Native people are a very large factor in the illicit liquor traffic.1 Many Native women, unable to make ends meet on the inadequate wages of the husband, and unable to obtain “ washing ” are compelled by circumstances to take to the selling of Kaffir beer or the concoctions.

1 See paragraph 13 1- 12 4

C L A U S E S OF N A T IV E S (U R B A N A R E A S ) A C T N O . 21 OF 1923 A S A M E N D E D B Y A C T 25 OF 1930, R E L A T IN G TO TH E S U P P L Y OF K A F F IR BE E R TO N A T IV E S A N D A L L IE D M A T T E R S .

8. (1) From and after the commencement of this Act, every urban local authority which has, whether before or after such commencement, set apart any area of land for the occupation and residence of Natives, or has under its administration and control any location, Native village or Native hostel whether established under this Act or not, shall open and keep an account to be calledthe Native revenue account into which shall be paid :—............ any money so derived by the urbanlocal authority from the sale of Kaffir beer.

19. (1) Notwithstanding anything in any law contained, no person shall introduce into a location, Native village or Native hostel any intoxicating liquor as defined by the liquor laws in force in the province in which the location, Native village or Native hostel is situated and no person shall be in possession of any such intoxicating liquor within a location, Native village or Native hostel unless such introduction or possession—

(a) is supported by the written order of a duly qualified medical practitioner certifying that theliquor is required for medical purposes by the person specified therein ; or(b) is, in the opinion of the officer in charge of the location, Native village or Native hostel,

for sacramental purposes ; or(c) is (in the case of Kaffir beer) made lawful by reason of the operation in such location or

Native village of the provisions of either of the next two succeeding sections.(2) No person shall brew, manufacture, introduce, sell, supply or be in possession of Kaffir

beer in an urban area unless such brewing, manufacture, introduction, sale, supply or possession is authorized under the provisions of either of the next two succeeding sections, or under any provision of the Liquor Act, 1928, or any amendment thereof.

(3) Any person contravening any provision of this section shall be guilty of an offence and liable on first conviction to a fine not exceeding twenty-five pounds or in default of pay­ment to imprisonment for a period not exceeding three months or to both such fine and imprisonment or to such imprisonment without the option of a fine and on a second or subsequent conviction to a fine not exceeding fifty pounds or in default of payment to imprisonment for a period not exceeding six months or to both such fine and imprisonment or to such imprisonment without the option of a fine.

20. (1) Where the domestic brewing of Kaffir beer is permitted in any location or Native village under sub-section (2) of sub-section (3) of this section, it shall be lawful for house-holders in such location or Native village, subject to such conditions as may be prescribed, which may or may not include the issue of permits, to brew, manufacture, use or possess for domestic consumption such limited quantities of Kaffir beer as may be prescribed in respect of such location or Native village.

(2) Where in any urban area the brewing of Kaffir beer for domestic consumption is, at the commencement of this Act, permitted by law in any location, whether subject or not to the issue of permits granted for the purpose, domestic brewing shall after the commencement of this Act be permitted in such location in accordance with the provisions of sub-section (1 ) of this section unless and until the permission for the domestic brewing of Kaffir beer in such locations is withdrawn under sub-section (4) of this section.

(3) Whenever the urban local authority for any urban area, after consultation with or reference to the Native advisory board for any location or Native village in such area communicates to the M inister a resolution passed after at least seven days’ notice that it is advisable to permit domestic brewing of Kaffir beer within such location or Native village the Minister may, after requiring or obtaining such information as he may deem desirable as to the opinion of the Natives resident in such location or Native village, declare by notice in the Gazette that from and after a date to be stated therein the domestic brewing of Kaffir beer shall be permitted within such location or Native village and such permission shall remain in force unless and until the same is withdrawn under sub-section(4) of this section.

(4) If it is shown to the satisfaction of the Minister on the representaticn of or after consulta­tion with the local authority concerned that in any location or Native village in which the domestic

brewing of Kaffir beer is permitted, such brewing is unsuited to local conditions by reason of the floating character of the Native population or is proving detrimental to the interests of the Natives owing to its abuse, he may by notice in the Gazette, declare that from and after a date, to be specified in such notice, the permission for the domestic brewing of Kaffir beer shall be withdrawn.

(5) During the continuance of any permission granted under sub-section (2) or sub-section(3) of this section the operation of any law inconsistent with the exercise of such permission shall, to the extent of the inconsistency, be deemed to be suspended and on the withdrawal under sub­section (4) of such permission any law, the operation of which was so suspended shall again have effect.

21. (1) Whenever domestic brewing of Kaffir beer is not permitted in an urban area, or the urban local authority for any urban area desires, or the Minister proposes, for such reasons as are mentioned in sub-section (4) of section twenty, that the permission for the domestic brewing of Kaffir beer in such area should be withdrawn in respect of every location and Native village to which the same applies, the urban local authority may, after consultation with or reference to the Native advisory board or boards in the urban area and in accordance with a resolution, passed by a majority of two-thirds after at least seven days’ notice at a meeting at which not less than two-thirds of its members were present, represent to the Minister that the prohibition of the use of Kaffir beer is not advisable or cannot be effectively enforced in such area and that it is advisable that the rights to manufacture, sell and supply Kaffir beer within the area should be granted to and exercised exclusively by the urban local authority and the Minister may, after requiring or obtaining such information as he may deem desirable as to the opinion of the Native residents of the area, declare, by notice in the Gazette, that from and after a date to be stated therein the urban local authority shall have the exclusive rights to manufacture, sell and supply Kaffir beer w'ithin its area : Provided that nothing in this section contained shall be construed as prohibiting or restricting the brewing and supply of Kaffir beer under any provision of the Liquor Act, 1928, or any amendment thereof.

(2) During the continuance of any notice issued under sub-section (1) of this section the operation of any law inconsistent with its provisions shall to the extent of the inconsistency be deemed to be suspended. The Minister may at any time withdraw any such notice, and thereupon the right granted to the urban local authority under sub-section (1 ) shall cease and any law and operation of which was suspended by that notice shall again have effect.

(3) Kaffir beer manufactured by an urban local authority under this section shall be sold and supplied in no other premises than an eating house established and controlled by the urban local authority and only for consumption on the premises : Provided that the urban local authority may by resolution passed as in sub-section (1 ) provided, authorize an officer exercising powers undersub- section (1) of section eleven to issue in approved cases written permits for the supply or sale of Kaffir beer, not exceeding a maximum quantity to be prescribed, for consumption off the premises.

(4) Kaffir beer manufactured, sold or supplied by an urban local authority under sub-section(1 ) of this section shall not exceed the strength of three per centum by weight of absolute alcohol and shall not be sold to male Natives under the age of eighteen years or to female Natives.

(5) In any area in respect of which a notice has been issued under sub-section (1) of this section any person who manufactures, sells or supplies Kaffir beer or who is found within the area in possession of Kaffir beer, save under the conditions permitted by sub-section (3) of,this section, shall be guilty of an offence and liable on conviction for a first offence to a fine not exceeding twenty pounds and, in the case of a second or subsequent offence, to a fine not exceeding fifty pounds or to imprisonment without the option of a fine for a period not exceeding three months or to both such fine and imprisonment.

(6) All expenditure incurred by an urban local authority in connection with the manufacture, sale and supply of Kaffir beer under this section shall be debited against, and all receipts from the sale of Kaffir beer by that authority shall be credited to, the Native revenue account.

(7) Notwithstanding anything in this section contained, in any urban area in the province of Natal in which the exclusive right to manufacture, sell and supply Kaffir beer under the Native Beer Act, 1908, of Natal is being exercised at the commencement of this Act, the urban local authority shall from the commencement of this Act have the exclusive rights to manufacture, sell and supply Kaffir beer as if a notice had been duly issued under sub-section (1) of this section, and sub-sections f2), (3), (4), (5) and (6) of this section shall apply accordingly.

23. (2) The Minister may make regulations, not inconsistent with this Act and having the force of law in any urban area as to all or any of the following matters :—

(a) The powers and duties of the police, or of officers under this Act in respect of entry into and search with or without warrant of any premises on which it is reasonably suspected that Kaffir beer is being made, kept, supplied or sold in contravention of this Act ;

(b) the seizure and confiscation of any Kaffir beer made, kept or procured in contravention of this A c t;

(c) the management and control of the premises on which Kaffir beer is sold or supplied under section twenty-one and the maintenance of good order therein ;

(d) the composition, the method of manufacture or brewing and the analysis of Kaffir beer made, supplied or sold by an urban local authority and the management and control of the breweries of the urban local authority;

(e) the provision of co-operative arrangements between different local authorities for the manufacture and supply of Kaffir beer ;

(f) the facilitating and giving effect to any co-operative arrangement between urban local authorities under section twenty-four ;

(g) prescribing the conditions under which and the procedure whereby the removal of Natives may be effected by any urban local authority under the provisions of paragraph(f) of sub-section (1 ) of section one.

23. (3) An urban local authority m a y ..........make regulations not inconsistent with thisAct as t o .............the following matters :—

(j) the prohibition, restriction or regulation of the sale or supply of sprouted grain within the urban area and of the introduction into or possession in any location, Native village or Native hostel of yeast, sprouted grain or other fermenting agency capable of being used for the purposes of the manufacture of Kaffir beer, unless in the case of a location or Native village such manufacture is for the time being permitted under section twenty ;

(k) the conditions under which Kaffir beer may be brewed, manufactured, used or possess­ed and the quantities of Kaffir beer which may be brewed, manufactured, used or possessed in any location or Native village in which the domestic brewing of Kaffir beer is permitted under the provisions of section twenty ;

29. In this Act and any regulation, unless inconsistent with the contex t:—“ authorized officer ” means a magistrate, justice of the peace, a European member of the police, an officer licensed under sub-section (1 ) of section 1 1 , and such other officers as may be authorized by the Minister to demand the production of documents under this Act or the regulations ;“ Coloured person ” means any person of mixed European and Native descent and shall include any person belonging to the class called Cape Malays ;“ Kaffir beer ” means the drink commonly brewed by Natives from Kaffir corn or millet or other grain and, except for purposes of section twenty and sub-sections (1), (3) and (4) of section twenty-one, includes fermented liquor made from prickly pears (commonly called prickly pear beer), fermented liquor made from honey (commonly called honey beer) and any other fermented liquor which the Governor-General may from time to time, by proclamation in the Gazette, declare to be included in this definition ;“ Minister ” means the Minister of Native Affairs or any other Minister of State for the time being acting on his behalf ;“ Native ” means any person who is a member of an aboriginal race or tribe of Africa. Where there is any reasonable doubt as to whether any person falls within this definition the burden of proof shall be upon such person ;“ prescribed ” means prescribed under this Act or the regulations ;“ regulation ” means a regulation made or in force under this A c t;“ urban area ” means an area under the jurisdiction of an urban local authority ;“ urban local authority ” means any municipal council, borough council, town council or village council, or any town board, village management board, local board, health board or health committee.

SUMMARY OF THE PROVISIONS OF THE LIQUOR LAWS OF SOUTH AFRICA—(ACT No. 30 1928) AS IT AFFECTS NATIVES

1. D E F IN IT IO N OF N A T IV E“ Native ” is defined in Section 175 of the Act as follows :—-“ Native ” means any person belonging to one or other of the following classes :—(a) Aboriginal tribes of Africa, including Bushmen and Hottentots.(b) Korannas.(c) Persons upon whom are levied general or local tax in terms of Section two of the

Natives Taxation and Development Act, 1925 (Act No. 41 of 1925 or any tax substituted for any such tax) and

(d) American Negroes.“ Aboriginal tribes of Africa ” are not confined to the Union.

R. v. Kogan. 1918 A.D. 521.A person descended from two different aboriginal races or tribes is a “ Native.’

R .v . Wallace. 1928. T .P .D . 11. P.H.H. 41.Where the race is not admitted, or is in dispute, appearances furnish the best guide.

R. v. Villet. 19 S.C. 168.More particularly where evidence of genealogy is absent.

R. v. Burt. 1913. C.P.D. 75.Proof that a person has a strain of non-Native blood will not be sufficient to take him out of

the definition, if his appearance is such as to indicate a predominating “ Native ” strain.R. v. van Niekerk. 1912. C.P.D. 583.R. v. Dunn. 28. N.C.R. 56.

Difficulty sometimes arises as to whether a person is a “ Native ” or a “ Coloured person.’“ Coloured person ” is defined by the Act and the term is employed in its popular and

accepted meaning in South Africa. The three main factors to be considered are :—(a) Appearance.(b) Parentage.(c) Associations of person in question.

See R. v. Szvarts. 1924 T .P .D . 421. and R. v. Sonnenfeld. 1926. T .P .D . 597.

2. Under Section 157 (1) the Magistrate is empowered to judge from his personal observa­tion, in addition to other evidence.

Section 157 (1) reads as follows :—“ If in any proceedings under this Act it is alleged t h a t .......................................................or belongs to any particular class or race, evidence that the person in question ..................belongs by repute or by appearance to that class, shall be prima facie proof of that fact."

Bona fide mistake no defence.3. Section 158 provides :—

“ It shall be no defence to any charge under this Act that the accused or his principal, agent or servant, was bona fide under a belief in the existence of any fact which, had it in truth existed, would have made lawful the Act or omission which is the subject of the charge.”

4. N A T IV E P R O H IB IT IO NSection 94— Save as is otherwise specially provided by this Act, no person shall supply or

deliver any liquor to any Native ; and no Native shall obtain, or be in possession of, any liquor : Provided that save in any area proclaimed by the Governor-General as an area to which this proviso

shall not apply, a Native may, on a written order dated and signed by his bona fide employer, and setting forth in legible characters such employer’s full name and address, obtain the delivery of liquor for conveyance to such employer, if such employer is not a person to whom it is unlawful to supply liquor. Asiatics and Coloured persons are also prohibited under the next section from obtaining liquor, save for excepted cases in the Provinces named.

5. S U P P L Y OF L IQ U O R TO N A T IV E , A S IA T IC O R C O LO U R E D E M ­P L O Y E E S B Y E M P L O Y E R S

Section 96(1) Save as provided in sub-sections (2) and (3) and in section one hundred and twenty-

seven (providing for brewing, sale and consumption of Kaffir beer upon premises of certain employees), no person shall supply any liquor or Kaffir beer to any Native, Asiatic or Coloured person in his employment, whether such supply be given gratis or purports to be, or is in fact, given as, or supplementing, the employees’ wages or remuneration, or as a reward, and whether or not there exists under this Act or under its authority any prohibition or restriction in respect of the supply of liquor or Kaffir beer to such employee.

(2) In the Province of the Cape of Good Hope any adult bona fide employing in farming operations any Native, Asiatic or Coloured person, being a male of or over the age of twenty-one years, may on any one day supply gratis to such Native, Asiatic or Coloured person one and one half pints of unfortified wine or Kaffir beer : provided that such wine shall be consumed during intervals of not less than two hours and not less than three equal portions.

(3) In the Orange Free State any bona fide employer may to his male employee if eighteen years or above that age, supply gratis one single drink of intoxicating liquor per day in quantity not exceeding one quarter of a pint in the case of spirituous liquor or not exceeding one pint in the case of liquor of any other kind to be consumed when received and in the presence of such employer.

(4) The right granted by sub-section (2) or (3) may, in respect of any employer, at any time, and without reason assigned, be withdrawn by the service on such employer or his agent of a written notice to that effect, signed by any member of the Police of or above the rank of Sergeant. Such withdrawal shall remain in force until cancelled by the Magistrate of the district, to whom such employer or agent may appeal and whose decision in the matter shall be final.

(5) The Governor-General may, at any time, by proclamation in the Gazette :—(a) Prohibit the supply under sub-section (2), or sub-section (3) of any particular kind of

liquor, if he is satisfied that, by reason of its constituents or any part of them, the consumption of that kind of liquor would be harmful to the consumers ; and

(b) Define areas in which the provisions of sub-section (2) or sub-section (3) shall cease to have any operation.

6 . L IQ U O R R E Q U IR E D F O R IM M E D IA TE C O N S U M P T IO N B Y P R O H IB IT E D P E R S O N D A N G E R O U S L Y IL L

Section 97(1) Whenever any registered medical practitioner certifies by writing under his hand that any

person who, under any provision of Part (C) of this chapter, is prohibited from obtaining or possessing liquor, is in a condition of dangerous illness, and that it is necessary in consequence thereof that there should be administered to him either immediately or over a period not exceeding forty-eight hours, liquor of the kind and in the quantity stated in the certificate, any holder of a bottle liquor licence may, upon presentation to him of such certificate, supply to or for such person, and such person may receive, possess or consume, liquor of the kind and in the quantity stated in such certificate, but in no case shall the quantity so supplied exceed half a pint.

(2) Any such certificate shall be, as near as may be, in the form set out in Part (A) of the Fifth Schedule.

7. L IQ U O R R E Q U IR E D F O R R E S T O R A T IO N OF H E A L T H OF A P R O H IB IT E D P E R S O N

Section 98(1) Whenever any registered medical practitioner certifies by writing under his hand in

respect of any person who in terms of part (C) of this chapter, is prohibited from obtaining or possessing liquor, that such person is suffering from the illness stated in the certificate, and that

it is necessary for the restoration of his health that liquor should be administered to him, of the kind, in the quantities, and at the intervals stated in the certificate, any officer of police of or above the rank of Sergeant or the senior member of the police in charge for the time being of any police post or station, upon being satisfied that liquor is bona fide required to be administered for medicinal purposes, to the person mentioned therein, shall endorse upon it an authority to any holder of a bottle liquor licence to supply to or for the person mentioned in the certificate and such person may receive, possess and consume, liquor in the quantities of the kind and at the intervals mentioned in the certificate, but in no case shall the quantity so authorised to be supplied and received at any one time exceed one quart in the case of spirituous liquor or wine or one gallon in the case of any other liquor.

(2) Upon presentation to him of any certificate made and endorsed in manner provided in sub-section (1 ) any holder of a bottle liquor licence may supply to or for the person named in such certificate liquor in terms of the authority endorsed thereon.

(3) Any such certificate shall be, as near as may be, in the form set out in part (B) of the Fifth Schedule.

8. S U P P L Y F O R S A C R A M E N T A L P U R P O S E S TO O R F O R P R O H IB IT E D P E R S O N S

Section 99 :—(1) Whenever any magistrate by writing under his hand certifies that any person who,

in terms of Part (C) of this chapter, is prohibited from obtaining or possessing liquor, is a minister of religion recognised by the Government and bona fide requires for the administration to persons in the course of any sacrament, wine of the kind and in the quantity stated in the certificate, which shall not exceed one quart, any holder of a bottle liquor licence to whom such certificate is presented may supply to that person wine of the kind and in the quantity stated in the certificate.

(2) Notwithstanding anything contained in this Act, any minister of religion may bona fide and in accordance with the tenets of his faith administer wine in the course of any sacrament to any person prohibited in terms of Part (C) of this chapter from obtaining or possessing liquor.

9. A B O L IT IO N OF E X E M P T IO N I N C A S E OF C E R T A IN P E R S O N SSection 700(1) Notwithstanding anything contained in section one of Act 39 of 1887 or any other law of

the Province of the Cape of Good Hope, no person shall, by reason only that he is registered as a person entitled to vote at an election for members of the House of Assembly be exempt from the operation of any law in force in that Province, including this Act which, but for the act or other law first-mentioned, would prohibit the supply of intoxicating liquor to him.

(2) From and after the first day of October, 1928 no letter or certificate of exemption issued, whether before or after the commencement of this Act, under Section 66 of Act No. 38 of 1896 of Natal, or any other law of Natal or under any law in any other Province, shall exempt the holder of such letter or certificate from the operation of any provision of this Act.

10. G R A N T OF L E T T E R OF E X E M P T IO N TO N A T IV E , A S IA T IC O R C O L­O U RED P E R S O N

Section 101(1) In any case in which he may deem fit, the Minister may issue to any Native, Asiatic or

Coloured person a special letter of exemption, exempting the recipient from so much of any prohibition, restriction or condition operative in respect of him under this Act as prevents him from obtaining by purchase from any holder of a bottle liquor licence, liquor for consumption off licensed premises and in quantity not exceeding at any one time one quart, subject to any other conditions of supply of liquor which may be applicable in respect of the licensed premises at which any such liquor is purchased, and in particular in any area proclaimed under section fifty-nine, subject to the conditions as to the permit required by that section, and subject further to any other conditions whatsoever which the Minister may deem fit to impose.

(2) Whenever any Native, Asiatic or Coloured person proves to the satisfaction of a com­missioned officer of the Police that he is domiciled or ordinarily resident in a country outside the Union in which the sale of liquor to such person is not prohibited, and that he is resident in the Union for purely temporary purposes, such officer may, subject to any regulation made under sub­section (5 ), grant to such person a letter of exemption, exempting the recipient for a period not exceeding three months stated in such letter from any or every prohibition, restriction or condi­tion, operative in respect of the sale or supply of liquor to him.

(3) The Magistrate of any district may, upon the application of any Native, Asiatic or Col­oured person, subject to any regulation made under sub-section (5) grant to the applicant a letter exempting him within that district for a period not exceeding twelve months stated therein, from any discrimination imposed therein, bv or under the authority of this Act against Natives, Asiatics, or Coloured persons, as the case may be. The issue of any such letter may be refused by the magistrate to whom application is made.

(4) Any letter issued under their section may at any time be cancelled by the Minister, or in the case of a letter granted under sub-section (2) or (3) by the person who granted it or bis successor in office, and such power of cancellation shall not be limited by any regulation made under sub­section (5).

(5) The Minister may make regulations, which may differ in respect of different areas and of different classes, prescribing the conditions necessary to be complied with before any letter or class of letter referred to in this section may be issued and the circumstances in which any letter issued under this section shall be cancelled.

C O M M E N TThere are three classes of letters of exemption which may be granted to Natives, Asiatics or

Coloured persons.(1) Special letter granted by the Minister subject to conditions imposed therein entitling

holder to one quart at a time for off-consumption.(2) Letter granted by Commissioned Police Officer to a non-domiciled person belonging to a

country where there is no prohibition, resident in the Union temporarily and exempting recipient for not more than three months.

(3) Letter granted by the Magistrate, subject to regulations, exempting the holder for not more than twelve months.

11. P R O H IB IT E D A R E A S Section 53(1) No licence under this Act shall be granted for the sale of liquor(a) in or within half a mile of the boundary of any Native location or Native village established

under the provisions of any law :(b) in or within three miles of the boundary of any area set apart under the provisions of the

Natives Land Act 1913 (Act No. 27 of 1913), or any amendment thereof or of any other law for the occupation of Natives ;

(c) on any ground given out as a mynpacht claim, storage site, bewaarplaats, etc.Provided that in any place to which any prohibition of paragraph (a) or (b) applies, the Licens­

ing board may grant a licence for the sale of liquor if there be produced to it the certificate of the Minister that the Governor-General has authorised the consideration by the board of the applica­tion. In the event of the Licensing board authorising the grant of the application, the Governor- General may, in respect of the licence so authorised or any renewal thereof, exercise all such powers as may be exercised by him in a restricted area in terms of Sub-sections (2) and (3) or section fifty-six, and the provisions of those sub-sections in respect of the issue and holding of the licence shall apply.

(2) Nothing in sub-section (1) shall be deemed—(a) to effect any provision of Chapter X II,(b) to apply to any mynpachts on the farms Elandsfontein No. 1 numbered 302 (a), 333 and

337 in which the townships of Germiston and Georgetown in the Province of the Transvaal are situated ; or

(c) to prevent a renewal, otherwise permitted by this Act, of any licence existing at the commencement thereof.

12. Kaffir Beer and Other Native LiquorsA. P R O H IB IT E D L IQ U O R S A N D S U B S T A N C E SConcoctions totally prohibited.Section 122. No person shall make be in possession or custody of, use, drink, give or supply

to any person :—(a) Any of the concoctions made from the fermentation of treacle, sugar or other substances

and known as Isitijimiyana, Hofana, Qedivilsi, Skokiaan. or Uhali :

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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This document forms part of the archive of the South African Institute of Race Relations (SAIRR), held at the Historical

Papers Research Archive at The University of the Witwatersrand, Johannesburg, South Africa.