Effects of Migratory Labour

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Effects of Migratory Labour

Report of the committee on Social Responsibility

DIOCESE OF CAPE TOWN

I. Preamble

1.1.) T h e t e r m s of reference to the members of the Committee of Social Responsi- bility r e a d s a s follows: —

" T h a t Synod a s k s the Archbishop to consider the appointment of a Com- mittee to i n v e s t i g a t e w a y s and means of enabling families to live together

in t h e a r e a s in which they w o r k / ^{. 11} 3*2.) By m i g r a t o i y labour is m e a n t the sys-

t e m whereby men working in towns a r e prevented by law and policy from h a v i n g t h e i r families with t h e m o r settling a t t h e i r place of work.

1.3.) The Committee believes t h a t u n d e r pre- sent legislation t h e Church can do little or n o t h i n g which will in fact give sep- p a r a t e d families the r i g h t to live t o - g e t h e r in t h e a r e a in which the husband works.

r e s u l t s in t h e is immoral, un- in the light of 1.4.) T h e legislation which

break-up of family life just* and indefensible

Christ's teachings. T h e Committee believes therefore t h a t the Church h a s a responsibility t o point o u t the evils in- h e r e n t in p r e s e n t legislation, to s t a t e

what it considers the r i g h t s of the individual to be in this respect, and to

make known the facts of the m a t t e r with a view to c r e a t i n g a climate of public opinion which will insist on le- gislative measures to remove these evils in o u r society.

1*5,) T h i s report i s accordingly presented in the following m a n n e r : —

Section 2.) The responsibility of the Church for family life and for the r i g h t s of the individual.

Section 3.) An outline of t h e legislation which denies the above r i g h t s illustrated

by case histories.

Section 4.) Recommendations for m a k i n g known the facte of the m a t t e r . Section 5.) Conclusions*

2. The responsibility of the Church 2-1.) Introduction:

The family is the most basic and funda- mental u n i t of any society and to Chris- t i a n s it is something sacred.

I n p a r t i c u l a r , the Church h a s always t a u g h t t h a t m a r r i a g e i s the closest of all bonds — " F o r this cause shall a m a n leave f a t h e r and mother, and shall cleave to his w i f e : and they two shall be one

flesh."

2.2.) The Church h a s a moral obligation t o i n s i s t : —

(a) T h a t a m a n should have the legal r i g h t to have his wife and family living with him a t or n e a r his normal place of work.

(b) T h a t i t is the d u t y of t h e S t a t e to assist financially and ensure t h a t adequate accommodation f o r families can be made available by local a u t h o r i t i e s or employers wherever it is beyond the m e a n s of the individual to provide adequate accommodation for himself and his Jamily, A t the p r e s e n t time, a man who

has worked for 15 y e a r s in one a r e a or for 10 y e a r s for one employer m a y be permitted (although he has no r i g h t to demand) to have his wife and family live with him if t h e r e is accommodation available.

In fact he is generally refused this permission on the grounds t h a t t h e r e is no suitable accommodation. E m - ployers are usually prevented from providing such accommodation a n d local a u t h o r i t i e s in t h e Western Cape a r e circumscribed.

(d) T h a t the children of p a r e n t s living in town should have t h e r i g h t t o j o i n t h e i r families. U n d e r p r e s e n t legislation, the children of p a r e n t s qualified to reside in t h e W e s t e r n Cape m a y lose t h e i r r i g h t to rejoin The Black Sash, February/April, 1967 12 Die Swart Serp, FebruariefApril, 1967

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t h e i r p a r e n t s if they a r e sent to school in the Transkei or elsewhere.

(d> T h a t African residents in an urban area should be entitled to have kins- folk who a r e dependent on them

(e.ff. a n elderly grandmother, disabled brother, etc., to live with them),

(e) T h a t men and women should have the right to seek employment and sell t h e i r labour to the best advan- tage. Women a r e very often the breadwinners in African families since the life expectation of a man

is lower t h a n of a woman and the proportion of widows is exception- ally high, (A survey made in 1948- 50 in Keiskamahoek showed t h a t in 4 0 % of the homesteads the head

was a woman).

2.3.) I t is a cause for deep concern that with the recent extension of t h e system of contract labour the situation is steadily becoming: worse instead of better. The development of a settled u r b a n African

population enjoying a normal family life h a s been deliberately reversed and the proportion of m i g r a n t s is increasing. In

November 1965, the Senior Assistant Director of the B a n t u Administration in the Cape Town Municipality stated t h a t

"almost 40,000 out of the total of 87,000 natives in Cape Town a r e now m i g r a t o r y workers who come to the city under con- t r a c t to a p a r t i c u l a r employer for a spe- fied period."

(Cape A r g u s , 18th November, 19*!5) The Church condemns the system of mig-

r a t o r y labour a n d particularly the p r e - s e n t increase due to legislation.

No African e n t e r i n g the Western Cape a s a contract labourer can ever qualify to have his wife and family live with him. T h e figures presented recently to the N.G.K. Synod in Cape Town indi- cate t h a t experts predict the total mig-

ratory labour force will grow from 533,000 in 1965 to 1,013,000 by 1990.

Not only is contract labour economically inefficient and therefore inclined to per- petuate poverty, b u t it also breeds i r r e - sponsibility. Neither employer n o r employee i s encouraged to develop a sense of moral obligation towards the other.

F u r t h e r m o r e the system of contract labour t e n d s to prevent the a t t a i n m e n t and development of skills t h u s f r u s t r a t i n g a

m a n ' s efforts t o w a r d s g r e a t e r fulfilment a n d satisfaction in his work.

. O u t l i n e of Legislation which denies A f r i c a n s the r i g h t t o live t o g e t h e r in the area in which the husband works.

3.1.) No African may go to a n Urban A r e a in the Western Cape in search of work.

He must obtain permission from a La- bour Bureau to go to a specific employer on a fixed time contract and become what is known a s a Contract or Migratory

Labourer. (Section 9 (o) of Act 42 of 1964). He cannot therefore take his family with him to the U r b a n A r e a o r send for them later to join him a t his place of work, nor can he ever qualify to do this u n d e r Section 47 of Act 42 of 1964. His family will have to r e -

main in his home area and he will either have to be content to see them for a few^r weeks each year for the rest of his life, or, in o r d e r to have longer spells a t home he must remain unemployed for a time and then seek a new job.

3.2.) Section 10 (1) of the Urban A r e a s Act s t a t e s t h a t : " N o B a n t u m a y remain for more than 72 hours in a prescribed a r e a unless he can produce proof in the m a n - ner prescribed t h a t : —

(b) He h a s since birth resided continuously in such a r e a ;

(b) he h a s worked continuously in such area for one employer for a period of not less than ton y e a r s or h a s lawfully resided continuously i n

such a r e a for a period not less t h a n fifteen years, and h a s t h e r e a f t e r continued to reside in such area and is not emplyoyed outside such area and h a s not d u r i n g either period or t h e r e a f t e r been sentenced to a fine exceeding one hundred r a n d or to imprisonment f o r a period ex-

ceeding six months; or

(c) such B a n t u is the wife, unmarried d a u g h t e r or son under the age (18 years) a t which he would become liable

for payment of general t a x u n d e r the Native Taxation and Develop- ment Act, 1925 (Act No. 41 of 1925), of a n y B a n t u mentioned in p a r a -

g r a p h (a) or (b) of this sub-section and a f t e r lawful e n t r y into such p r e - scribed a r e a ordinarily resides with

t h a t B a n t u in such a r e a ; o r

(d) in the case of a n y other B a n t u , permission so to remain h a s been g r a n t - ed by a n officer appointed to man- age a labour bureau in t e r m s of the provisions of p a r a g r a p h (a) of sub- section (6) of section 21 of the N a - The Black Sank, February/April, 190? \% Die Swart Serp, FebniariefApril, 196?

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tive Labour Regulation A c t (Act of 1911) d u e r e g a r d being had t o the availability of accommodation

in a B a n t u residential a r e a - "

(Section 10 of the U r b a n A r e a s Act (Act 25 of 1945) a s amended b y (Section 41 (a) of Act 42 of 1964).

This m e a n s t h a t an African man, women o r child who wishes to visit a n u r b a n

a r e a f o r more t h a n 72 h o u r s , must obtain p r i o r permission which will only be given if t h e r e is available accommodation. This permission must be obtained before leaving t h e home a r e a , not on

a r r i v a l a n d m a y t a k e weeks to a r r a n g e . 3.3.) If a m a n who w a s born in a n a r e a and

h a s lived t h e r e continuously wishes t o m a r r y a woman from elsewhere he h a s t o a p p l y f o r permission f o r her to e n t e r

the a r e a in o r d e r to m a r r y her. This may be g r a n t e d but permission for the bride to remain i s usually refused on the g r o u n d s t h a t t h e r e is no suitable accom*

modation available.

The following case illustrates t h i s :

A.B. was born in Cape Town in 1947 and lived with her p a r e n t s until 1907 when she went to school a t G r a a f Reinet and lived with an a u n t . In 1964 when she left school and w^fas 17 y e a r s old, she r e t u r n e d to live with her mother a t Ny- a n g a E a s t .

According to the Divisional Council au- t h o r i t i e s she entered N y a n g a E a s t illegally and was marked in illegally by an employee of the Divisional Council who h a s since been arrested. She w a s en-

dorsed out on 16th F e b r u a r y b u t did n o t leave the a r e a and m a r r i e d Q. in the Dutch Mission Church on 13th A u g u s t 1965.

Q. is qualified under Section 10 (1) (a) of the U r b a n A r e a s Act to remain in Cape Town a s he was born in Athlone in 19"7 and has lived and worked in t h e area ever since. When he reported h i s m a r r i a g e he w a s told he could no longer live in his p a r e n t s ' house in N y a n g a E a s t (his n a m e w a s crossed off his par- e n t s ' r e n t card) — but must ask L a n g a to house him and his wife a s he works in the City Council a r e a . A.B. was again told to leave N y a n g a E a s t .

They then appealed to Langa officials who were unable to give him a house a s t h e r e is a long waiting list. An appeal was made to the Divisional Council which

investigated the case and ruled t h a t she entered the a r e a illegally a n d she could not remain. I t a p p e a r s t h a t t h i s couple will never be able to live together in Cape Town, Q's family live in N y a n g a E a s t therefore he h a s no country home to which to send his wife.

A*B. h a s since been a r r e s t e d for being illegally in the Cape Town a r e a and a s her book i s out of o r d e r she m a y be r e - a r r e s t e d a t any moment. H e r husband can no longer live with his p a r e n t s a s he was only permitted to do so while he remained unmarried.

3.4.) If a m a r r i e d man h a s qualified u n d e r Section 10 (1) (b) of the U r b a n A r e a s Act by working ten y e a r s with one employer o r fifteen y e a r s continuously in t h e a r e a and applies to h a v e his wife join h i m now t h a t he is qualified he i s told t h a t t h e r e is no suitable accommodation and t h a t she has not "ordinarily r e - sided" with him (Section 47 (c) Act 12 of 1964). If he takes u n p a i d leave and goes home for a few m o n t h s to see her

he m a y lose his qualification and h a s to r e t u r n to the u r b a n a r e a a s a m i g r a n t labourer on contract*

C D . worked in Cape Town from 1941 to October 1964 with s h o r t b r e a k s to visit his wife and children in the King Williams Town District. A t the end of October 1964 he w a s g r a n t e d leave by t h e Cafe owner for whom he worked a n d

proceeded to King Williams Town, He r e t u r n e d to Cape Town on 15th M a r c h 1965. He reported to the Registering Officer and was issued with a "yellow c a r d " and a s t a m p in his book permit- t i n g him to r e t u r n to work a t the cafe.

The cafe owner refused to re-employ him so he r e t u r n e d home and obtained

a contract job. U p to October, 1964 he was a qualified man. Had he r e t u r n e d to Cape Town before 1st J a n u a r y * 1965 before B a n t u Laws Amendment Act (1964) came into force he would have been al-

lowed to seek o t h e r work, but in t e r m s of the new a c t he w a s only allowed to

r e t u r n to Cape Town to work for his for- m e r employer- As t h i s employer would not take him back he was told to r e t u r n

home. W i t h t h e help of a n a t t o r n e y he lodged an appeal to the Chief B a n t u Af- f a i r s Commissioner in April 1965. Six m o n t h s later he was notified t h a t his a p - peal h a d failed and he must r e t u r n to h i s home district, r e g i s t e r a s a work- seeker and then endeavour to obtain a contract in Cape Town.

3.5.) A m a n who has not yet worked 10 y e a r s f o r one employer or resided continuously for 15 y e a r s in the a r e a is not legally entitled to h a v e his wife with him a t his place of work, whether or not t h e r e is available accommodation.

3.6.) The child of a man who qualifies u n d e r Section 10 (1) (a) or (b) of the U r b a n A r e a s Act who h a s entered the a r e a law- Tke Black Sash> February/April J9G7 J+ Die Swart Serp^f Februarie/April, 1967

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fully or been born there and ordinarily resided with t h e father m a y remain in the a r e a . B u t if this child goes away to boarding school he must apply for permission to r e t u r n home for holidays, and a t the end of his schooling permission

to r e t u r n to his p a r e n t s permanently is frequently refused. T h e following cases i l l u s t r a t e t h i s :

E . F . was horn in Whittlesea in 1942. She went to school in Whittlesea and a f t e r

her mother came to Cape Town she lived w i t h her g r a n d m o t h e r , coming to Cape Town for school holidays. H e r f a t h e r h a s worked for the same firm for 25 y e a r s and he and his wife r e n t a brick house a t Guguletu. She is listed on t h e i r r e n t card and when she r e t u r n e d each y e a r she reported a t the R e g i s t r a - tion Office. In A p r ; ! 196;J, when she r e t u r n e d from school she w a s given permission t o reside with h e r p a r e n t s until J u n e I M S in order to look a f t e r her mo*

t h e r who was ill. E a r l y in August 1965 she w a s told to p r e p a r e to leave the a r e a by t h e middle of the month. She appealed a t L a n g a but w a s told to go "home."

H e r f a t h e r then appealed to the D e p a r t - m e n t of B a n t u Affairs, He w a s told t h a t she came to c a r e for h e r mother, not to work. She w a s given six months e x t e n - sion and told t h a t a f t e r t h i s they did

not w a n t to see h e r a g a i n , and t h a t she must go "home". Although both her p a r - e n t s lived in Cape Town s h e is required to go to her g r a n d m o t h e r in the country.

G.H- was born in Elsies River in 1946 a n d w a s b a p t i s e d a t N q a m a k w e a s a small boy* He lived in Elsies River w i t h his p a r e n t s until he passed S t a n d a r d J.

He w a s then sent to I d u t y w a to live with his g r a n d m o t h e r a n d to a t t e n d school t h e r e . JHis p a r e n t s remained in Cape Town and have t h e i r own house in Gu- guletu, being qualified p e r s o n s . His f a t h e r h a s worked for s A,I-:, and H. for 11 years. His b r o t h e r s and s i s t e r s all

reside with the p a r e n t s . E a r l y this y e a r his g r a n d m o t h e r died and a s he had passed S t a n d a r d G a n d had no o t h e r r e - latives to live with in the T r a n s k e i he

r e t u r n e d to his p a r e n t s . He h a s been in- formed t h a t he c a n n o t stay. H e should

have applied to his local m a g i s t r a t e for permission to proceed t o his p a r e n t s in

Cape Town. He can now e i t h e r r e t u r n to t h e country a n d t r y to get a contract job t h r o u g h the local m a g i s t r a t e , o r a p -

peal to the D e p a r t m e n t of B a n t u Affairs for permission to stay. Such an appeal is r a r e l y successful.

3.7.) Africans resident in an u r b a n a r e a a r e not allowed to have relatives who a r e

The Black Sash, February/April, 186? 1 5

disabled or otherwise dependent on t h e m to live with them.

J.K. was born in Darkly E a s t in 1918.

He is completely disabled and quite unable to work or even to look a f t e r himself. He was looked a f t e r by a s i s t e r t h e r e and had a disability g r a n t , but in

1902 t h e s i s t e r died and his younger sis- t e r who h a s a brick house in Guguletu agreed to look a f t e r him. H i s pension was t r a n s f e r r e d t o t h e B a n t u Affairs D e p a r t m e n t in Cape Town but they sent it back again a s they do not wish him to be p e r m a n e n t l y established in Cape Town. Permission for him to remain with his sister was constantly refused and he w a s finally a r b i t r a r i l y "re-settled" with a t o u s i n in S p r i n g s with whom he had lived e a r l i e r a s h o r t time and where he was very u n h a p p y .

3*8.) When a man who is a p e r m a n e n t resident of one of the Townships dies, his

wife is often told a few clays later t h a t she will h a v e to leave h e r house, and, worse still, t h e township, because h e r permission under Section 10 (1) (c) to he t h e r e depended on her h u s b a n d ' s

r i g h t to live t h e r e a n d he is now dead.

N o t only h a s she lost her husband a n d t h e family breadwinner, but a t a stroke she has lost h e r home a n d the r i g h t to work to s u p p o r t her children, and they have to leave school and home to go to a " h o m e " in the T r a n s k e i which they m a y never h a v e seen and where neither they n o r t h e i r mother will be able to e a r n a living,

L.M. came to Cape Town from C a l a in December 1960, a year a f t e r she had married P . He h a d been in Cape T o w n for some y e a r s . She stayed w i t h him until 1953 a n d then r e t u r n e d t o C a l a until 1959 when she came back to Cape Town. They lived in Guguletu in a brick house with t h e i r eight children. In J a n u a r y 1965, P. died. M r s . L.M. does c h a r r i n g to s u p p o r t her family a n d her r e n t of R8.05 per month is paid u p to date. On 26th May, 1965 she went to the R e g i s t e r i n g Officer to h a v e h e r new reference book stamped. She had lost h e r book. H e r book was s t a m p e d " P r e - p a r i n g to leave for Cala by 14.10.65."

She was warned t h a t she could not r e - main in her house.

She had t h e r i g h t to remain in Cape Town while h e r husband w a s alive, in t e r m s of Section 10 (1) (c) of the U r b a n A r e a s Act, Now t h a t he is dead s h e

has lost t h e r i g h t a n d is required to r e - t u r n t o Cala, w h e r e she h a s n o relatives,

and where she will be unable to e a r n a

living.

JJie Swart Serp^f Februarie/April, 1967

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3.9.) A wife who h a s t h e r i g h t to live with h e r husband in a n u r b a n a r e a m a y lose this r i g h t if she leaves t h e a r e a for a n y length of t i m e . If for example, she goes to n u r s e a dying mother in t h e c o u n t r y her husband m a y be required t o move t o bachelor q u a r t e r s a n d when she r e t u r n s

she m a y be endorsed out.

R.S. w a s born in B u t t e r w o r t h in 1921.

She came t o Cape Town in 1945 t o join her husband who had been t h e r e since 1941. Jn November 1962 she went t o B u t t e r w o r t h because h e r m o t h e r w a s ill.

In March 19<»*! she r e t u r n e d t o Cape T o w n with permission from t h e E m p l o y - ment Officer a t B u t t e r w o r t h and from the Influx Control Officer a t L a n g a . H e r husband had been ill but a s he seemed b e t t e r she only stayed a week and then r e t u r n e d t o n u r s e h e r mother — she did not report h e r a r r i v a l a t L a n g a a s h e r s t a y was so brief.

H e r m o t h e r died in December 196^ and a f t e r s e t t l i n g h e r affairs she r e t u r n e d t o her husband in Cape Town in J u l y 1964.

She reported t o L a n g a and was told t o p r e p a r e to leave t h e a r e a by 8th Aug- ust, 1964.

A f t e r r e p r e s e n t a t i o n s had been made she was finally g r a n t e d a n exemption p e r m i t and h e r h u s b a n d ' s name was placed on t h e w a i t i n g list for a house.

3.10.) T h e r e a r e , f o r example, approximately 19,000 " b a c h e l o r s " living a t L a n g a alone of whom 685* a r e married men living a w a y from t h e i r wives, which means t h a t somewhere in t h e c o u n t r y t h e r e a r e near- ly 13,000 families living; without a fa- t h e r . T h i s p a t t e r n i s repeated t h r o u g h - out th« country. N o t all t h e m i g r a n t s s u p p o r t t h e i r families.

M i s . T.V. came t o Cape Town with five children in May 1961 t o look for h e r husband who had ceased t o support her.

He qualified t o remain in Cape Town but a s she had not "ordinarily resided**

with him d u r i n g t h e t e n y e a r s of t h e i r m a r r i a g e , he will never he allowed to have his wife with him in Cape Town.

She must r e t u r n t o Butterworth.

4 . Recommendations for malting known fhe facts o f the m a t t e r

4.1.) T h e r e is a tremendous need for all Chris- t i a n s t o t a k e u p t h e problems of A f r i c - a n s with whom they come into contact and so become involved in t h e i r family difficulties, thereby l e a r n i n g a t first hand t h e i r fears and f r u s t r a t i o n s , and s h a r i n g their troubles and endeavouring t o solve them. It is t h e d u t y of t h e Church t o encourage h e r members to do this.

4*2.) T h e Church should e m b a r k on a s u s t a i n - ed educational programme t h r o u g h t h e organisation of talks, the circulation of

The Bhck Sash, February/April, 1967 J 6

tape recordings, and publications. T h e r e i s a need f o r church members t o be fully cognizant with t h e facts.

4.3.) The Church should u r g e its members t o m a k e t h e problems of African family life t h e subject of r e g u l a r p r a y e r . P r a y e r

cards! h a v e been printed and f u r t h e r q u a n t i t i e s could easily be made available.

4.4.) An information service is suggested whereby clergy in t h e African reserves

could tell C h r i s t i a n s in t h e towns w h a t h a p p e n s t o individual Africans o r t h e i r families when they a r e endorsed out

of t h e t o w n s . W i t h o u t such information i t is too easy t o wash one's h a n d s of t h e m a t t e r once t h e individual concerned

has left the town.

4.5.) The Church should send a deputation t o the B a n t u Affairs D e p a r t m e n t t o point out t h e evils r e s u l t i n g from m i g r a t o r y

labour and influx control regulations- S u c h r e p r e s e n t a t i o n s should be backed

by case records of disruption in family life d u e t o m i g r a t o r y labour.

4.6.) Attention is d r a w n t o t h e methods of p r o p a g a t i n g information t o t h e Church and community which were outlined in the I n t e r i m Report submitted t o y o u r Grace in October 1965. They c a n be

summarised a s follows:

(i) A school for clergy to be organised*

(ii) Production of "fact sheets'* for parish magazines and sermon m a '

teriaK

(iij) A travelling exhibition.

(iv) P r a c t i c a l field-work,

(v) L i s t of organisations able t o give advice and help.

. Conclusions

5.1.) T h e Committee d r a w s attention t o t h e fact t h a t since people of all races co- o p e r a t e in a g r i c u l t u r a l and industrial

productions* i t is n o t possible t o m a i n - tain both t e r r i t o r i a l separation of different colour g r o u p s and united families.

T h e r e is s c r i p t u r a l w a r r a n t for cherish- i n g family life b u t none requiring t h e separation of people of different races*

The choice lies between following Christ's t e a c h i n g : "Whom God hath joined together let no m a n p u t asunder",

and m a k i n g r a c e t h e most important criterion.

5.2.) The Committee is g r e a t l y encouraged by the Resolutions r e g a r d i n g t h e Social Responsibility of t h e Church which w e r e passed in 1965 by t h e Provincial Synod of o u r Church, a n d by t h e recent evid- ence of parallel thinking by t h e Dutch Reformed Church. We would welcome co-operation between t h e Church of t h e

Province and o t h e r denominations on t h i s m a t t e r .

Die Swart Serp, Febrtiarie/April, 19G?