Johannesburg Advice Office Report for August and September 1971
T h e "*Urhan African" is a phrase which is currently being bandied about by political leaders, the press and the public. T h e use of this phrase perhaps conceals the reality of the millions of people it is used to represent. These people are all controlled by Section 10 of the Urban Areas Act: "No Bantu ?=hali remain for more than 72 hours in a prescribed area unless he produces proof in the m a n n e r prescribed that . . .*
?These people all live with the humiliation of being unable lo decide upon the course of their own lives. T h e power to do this lies in bands other than their own. They must carry a refer- ence book from the time they turn J 6. They must ask for permits to seek work, to work in a particular j o b , to live with their husbands, permits for Uicir children to live with them, per- mits to occupy a house or to lodge in someone else's house, to have a bed in a hostel, permits to visit friends or relatives in another area. They have no freedom to sell their labour on an open market. They cannot own real estate, leave it to their heirs or provide security of tenure for their dependents. If they are permitted to occupy a house they cannot choose the house they would rent or freely alter or improve it. They cannot choose to have electric light "or indoor sanitation nor r u n n i n g hot water. They cannot even decide who will be allowed to live in that house with them.
Their employers have immense power to affect their future security. Simple procedur- es, like asking for a late registration of birth certificate, become hurdles to be surmounted with trepidation and effort out of all propor- tion to the desired end. Finding somewhere to
live can be a matter for despair. Getting chil- dren a place in school is a matter of pressing anxiety. Boarding a train to get to and from work is a struggle to be fought twice a day.
T h e simple mechanics of life in an urban environment can occupy a man s whole ener- gies — because h e is black. H e is prevented from winning for himself a place in the sun because of the colour of his skin.
T h i s is, above all, the evil which is per- petrated on these people. It is offensive that men and women should have to shuffle in long queues from one counter at the labour office to a n o t h e r ; that their houses should be raided by police in t h e small h o u r s of the morning seeking a son whose name is not on t h e house p e r m i t ; that they should have to go cap in hand to previous employers to ask for a letter proving the e m p l o y m e n t ; that an insult must be swallowed because an official has power to say yes or no.
It is offensive that this man will not accept my word — because I am b l a c k ; that I must find a piece of paper to prove that what I say
is true — because I am b l a c k ; that I must find many documents to prove that that stamp in my book is a mistake — because the man who made the mistake is white and I am
black.
Workers in the Advice Office have been made very aware of all this because everyday everyone who comes for help is asking only for an eminently reasonable thing, whether it be permission to live with their families or to be allowed to work in their employment. It is an incredible system which prevents them from doing so.
T h e Advice Office welcomes visitors who wish to come and learn for themselves the implications and ramifications of the pass laws, some facets of the problem.
T h e cases reported briefly below illustrate C A S E S :
During August two cases were brought to a successful conclusion and during September five men and four women were able to obtain permission t o remain in J o h a n n e s b u r g after
this had been initially refused and one young man was issued with his first reference book after some difficulty.
Mr. D. H. qualified in terms of Section
1 0 ( 1 ) ( d ) of the Act to remain in the prcs-
The Black Sash, December, 197119
Die Swart Serp, Desembcr 1971(Tilted area of Johannesburg. He was sentenced to one year in prison. He appealed against his conviction and after being in prison for three
months his appeal was upheld. He was dis- charged. His 10(1 ) ( b ) qualification was cancelled and he was registered inn new em-
ployment in tersm of Section 1 0 ( l ) ( d ) . This ihreat lo his future security was a mistake on the part of officialdom. If his conviction and sentence had been confirmed he would have lost his 10(1 )(!>) right but his conviction was overthrown and be was entitled to retain his
1 0 ( l ) ( b ) right. T h e trouble and inconveni- ence of having this mistake rectified was all
his and he had to visit various offices with various documents to have the 10( 1 ) ( d ) stamp cancelled and his 10(1 ) ( b ) right reinstated.
Miss H. M. who qualifies to remain in Johannesburg in terras of Section 10(1 ) ( b ) of (he Act was ordered tc vacate her house and told verbally to "go to the homelands". Her father bought this hoit>:e b u t bad not com- pleted the payments when he died in 1961.
Her mother then became the registered tenant until her death in 1968. Miss M. has con- tinued to pay the monthly instalments but
because she is a single woman has not been allowed to remain in the house. However, the Advice Office was able to reassure her that there was no question of her being forced to leave Johannesburg and go to an unknown homeland. She can continue living in Johan- nesburg but will have to find lodgings in someone else's house.
Mrs. T . G. SONO was born in Pretoria and came to Johannesburg in 1949. She lived and worked in Johannesburg until 1969 when she
became pregnant. She wanted to leave Johan- nesburg to have the baby in the care of her relations. A clerk in one of the municipal offices told her she could stay away for 18 months without jeopardising her position. She had a difficult confinement and the bady was born by Cesearean section. When she returned to Johannesburg more than 12 months after she had left she was endorsed out.
Miss L. M. was registered in h e r last em- ployment in Johannesburg and left the j o b in 1969 when she became ill. Her employers left Johannesburg to live in Natal and did not
,:
ign her off nor send her discharge card back to [lie Municipal Labour Office. When she recovered h e r health and tried t o register in
new employment, registration was refused be-
cause she had not been properly discharged.
When she tried to explain the circumstances she was " j o k i n g l y " told to go to Natal to find
her employers and get signed off.
Mr. and Mrs. M. have four children, three daughter, all under 18 years of age and a 9 vear old son. These children were born out- side Johannesburg and were cared for by their grandmother until 1968 when their parents were able to establish a h o m e for them as lodgers in Sowelo. They brought the children to live with them and applied for permission for them to stay. Officialdom investigated the apprication for approximately two years then informed Mrs. M. that her children must leave the area within 14 days.
Mrs. D. E. M. is a citizen of Swaziland.
She became engaged to m a r r
-Mr. H. G. M.
at the beginning of 1971. He qualified to remain permanently in Johannesburg. She obtained permission from her government to leave Swaziland to marry Mr. H . G. M . and live with him in Johannesburg. They were married in Johannesburg on 5th July, 1971, by the Bantu Affairs Commissioner. She was then ordered to leave the Republic of South Africa for Swaziland on or before July 28th, 1971.
Mrs. J . E. T . is permitted to remain in Jo- hannesburg in terms of Section 10(1 ) ( c ) of the Act. She is a business woman and bought a taxi but was refused registration as a taxi- owner bv the Taxi Association concerned be- cause she qualifies as 10(1 ) ( c ) and not ai
1 0 ( l ) ( a ) or 1 0 ( l ) ( b ) .
Mr. A. K. has worked for a small contracting firm for eight years but has never been regis- tered by his employer. He and three fellow workers in the same position asked for more money and were promptly discharged. The employer concerned has refused to give him a
letter testifying to tbii* period of employment so be has an eight year gap in his record which
cannot be covered.
Some of the saddest cases coining to the Advice Office for help are the people who are displaced in their own country. For various
reasons they have lost their rights to remain in the prescribed areas where the were born and have established no right to be anywhere else.
Because of the rigid controls imposed on
The Bltref: Sash, Deecniber, 1971 20 r>ie Swarf Serp, DcHcmber 19"1every aspect of t h e lives of every African in South Africa a m a n or a woman who ha$ no area in which he is p e r m i t t e d t o register as a w o r k s e e k e r cannot c a m a l i v i n g because he
cannot be legally employed. N o r is lie allowed to live lawfully in a h o u s e or in a hostel any- where at all. Many w o m e n w h o find themselves
in t h i s position have children w h o a r e also displaced people because their r i g h t s are largely d e p e n d a n t o n t h e i r m o t h e r s p o s i t i o n .
These people a r e displaced in every sense of the word. Many of those c o i n i n g to t h e office have accepted t h a t they will not be per- m i t t e d t o r e m a i n in a n y prescribed area in t h e R e p u b l i c a n d therefore ask to be resettled in t h e i r h o m e l a n d so t h a t they may register as workseekers in a homeland area a n d try to establish s o m e k i n d of h o m e for t h e i r fami-
lies even if it m e a n s that they must become m i g r a n t workers on yearly contract. T h e y a r c finding t h a t o b t a i n i n g resettlement in accord- ance with g o v e r n m e n t policy can be as dif- ficult as o b t a i n i n g permission to r e m a i n in a prescribed area.
T h o s e people w h o have relatives in a home- l a n d a r e in a stronger position because t h e y go t o an area which is already k n o w n t o them a n d where t h e chief k n o w s t h e family a n d will accept t h e new arrival as b e l o n g i n g to t h i s area. But those people w h o are u r b a n people a n d h a v e n o t i e s whatsoever w i t h a Home- land which they h a v e never seen a n d where they a r e u n k n o w n , experience great difficulty.
T h e y spend m a n y m o n t h s going from one office to a n o t h e r in one area after a n o t h e r l i v i n g in p e r m a n e n t danger of unrest and able to earn n o t h i n g . Many of t h e m find it very difficult to get a n y b o d y to take any respons- bility for them a n d a r c in a position where they a r e entirely u n a b l e to take any responsib- ility for t h e i r own futures. T h e y a r e told in one office t h a t they cannot be helped h e r e and to go to a n o t h e r office in a n o t h e r area. W h e n they get there they a r c told to go somewhere else. Many of t h e m m a y not start off apply- ing for resettlement in t h e correct office but no one ever seems to tell them where they should Iofl*;e the application.
T h e r e are m a n y a t t e n d a n t difficulties for people in this dreadful position. T h e most urgent p r o b l e m is t h e impossibility of find- ing legal e m p l o y m e n t . No African can be re- gistered in e m p l o y m e n t even a s a contract w o r k e r unless ho h a s somewhere where he
may register as a w o r k s e e k e r . If he is not registered no application can he m a d e for h i m b y a n employer. People in this position w o r k casually from day to day for different em- ployers a n d have to accept such p a y m e n t as is offered to t h e m : If tfttdy find an e m p l o y e r w h o is w i l l i n g to e m p l o y t h e m p e r m a n e n t l y unregistered they m a y well end up in t h e s a m e position as a m a n w h o came to t h e Advice Office t o c o m p l a i n t h a i h e h a d w o r k e d u n - registered for a small c o n t r a c t o r for eight years but h a d never h a d a rise or leave pay a n d was not b e i n g paid as m u c h as t h e register- ed l a b o u r e r s .
T h e n there is t h e question of f i n d i n g some- where to live. It is an offence for t h e regis- tered t e n a n t of a h o u s e in an u r b a n township to have a n y o n e living in t h a t h o u s e w h o is not e n u m e r a t e d on t h e p e r m i t . People a r e willing t o take t h i s risk for close relatives but a r e reluctant t o do so for a n y b o d y else. T h e displaced people survive by m o v i n g from house t o h o u s e , all t h e t i m e . If a wife and c h i l d r e n a r e involved t h i s becomes an ordeal repeated almost daily.
Welfare
Elderly a n d disabled displaced people can- not get pension p a y m e n t s or welfare help f r o m the official welfare d e p a r t m e n t s because they a r e not l i v i n g lawfully a n y w h e r e . A displaced m o t h e r finds she c a n n o t get b i r t h certificates for h e r c h i l d r e n because her reference book is not in order. U n e m p l o y m e n t insurance pay-
ments will not be paid out to men w h o have no area to w h i c h they lawfully belong.
T h e s e displaced men who a r e given special permission to w o r k in a specified area find t h a t t h i s t e m p o r a r i l y solves their i m m e d i a t e p r o b l e m of e a r n i n g s u c h to keep themselves and allowing t h e m to occupy a bed in a hostel or as a lodger while they a r e so employed but if they leave t h e e m p l o y m e n t or wish t o es- tablish a h o m e for a family t h i s is no per- m a n e n t solution a n d they find themselves going t h r o u g h t h e whole process again.
T h e cases reported below illustrate a variety of the difficulties involved for displaced people seeking s o m e security a n d stability for t h e
future.
Mrs. N . is a widow with 5 children. .She h a d r i g h t s t o r e m a i n in J o h a n n e s b u r g u n d e r Section 1 0 ( 1 ) ( a ) of t h e Act but «hc m a r r i e d The Black Sash, December, 1971 2 1 Die Swart Serjj, Desember 1971
a m a n who worked in i h c government service.
T h e y were transferred to a lown in (he East- ern Transvaal and all went well u n t i l her h u s - b a n d died* She remained in t h e Eastern T r a n s - vaal for a couple of years after his death and then r e t u r n e d to J o h a n n e s h u r g . She wad re- fused permission to r e m a i n in J o h a n n e s b u r g or to r e t u r n to t h e Eastern Transvaal town.
She had n o w h e r e to live legally. S h e applied for resettlement in t h e h o m e l a n d of h e r ethnic j y o u p a n d was told her h o m e l a n d was "full"*
She then a p p r o a c h e d t h e Advice Office* A letter was written on h e r behalf to t h e Terri- torial A u t h o r i t y and she has n o w been notified lliat u house will he available for h e r at t h e e n d of N o v e m b e r ,
M r . M . J . H . was h o r n in Belfast i n 1 9 4 8 . He came to J o h a n n e s b u r g after both his par- ents died in 1959. H e attended school in Jo- h a n n e s b u r g a n d lived h e r e with his m a r r i e d sister* H e was ordered to leave t h e prescribed area of J o h a n n e s b u r g in September* 1971* He returned to Belfast a n d tried to register t h e r e as a worksceker* Permission was refused for him to r e m a i n in Belfast. H e is now h o p i n g t h a t his e m p l o y e r in J o h a n n e s b u r g will be allowed to m a k e a special applicatiaon for h i m t o r e m a i n as a contract w o r k e r without any further necessity for h i m to travel b a c k w a r d s and forwards.
Mr. M* M . h a s been t r y i n g t o o b t a i n resettle*
ment for over a year* H e was b o r n in K i m b e r - ley and has worked there a n d in Vryheid, where he took h i s reference hook* a n d in Jo- hannesburg* H e has a c q u i r e d n o r i g h t s to r e m a i n a n y w h e r e a n d lost his right to r e m a i n in Kiniberley by w o r k i n g outside that pres- cribed area. He was arrested in May. 1970, for b e i n g illegally in Johannesburg* H e was taken under police escort t o V r y h e i d . T h e r e t h e u B a n t u Affairs refused to allow h i m to re- main a n d had h i m escorted b a c k t o o j h a n n e s - b u r g i m m e d i a t e l y . In J o h a n n e s b u r g he appear- ed in Court and nobody seems to have known what to do with h i m . Kimberlcy refused to allow h i m t o go h a c k t h e r e . In N o v e m h e r , 1970. he applied to t h e B a n t u Affairs Com- missioner for resettlement in his h o m e l a n d . In that s a m e m o n t h h e was again arrested a n d sent t o V r y h e i d . H e was aguin refused per- mission to r e m a i n there. He went to the Kus- t e n b u r g area and a Chief told h i m vcrhally h e was willing to allow him t o settle there pro- vided he was legally transferred t h e r e . H e ex- plained t h i s t o t h e B a n t u Affairs Commission-
er in J o h a n n e s b u r g . H e was given a t e m p o r a r y permit to r e m a i n in J o h a n n e s b u r g while his case w a s investigated. In September, 1 9 7 1 , he was told n o t h i n g could he done for h i m . He has n o means of livelihood a n d no a p p a r e n t
future security. H e has n o w been to H a m m a n s - kraal a n d has been told verbally t h a i b e will be allowed to settle there if V r y h e i d will re- lease h i m officially. T h i s is necessary because V r v h e i d is shown in his reference b o o k as his tax district.
Mr. D. M . P . has been w o r k i n g in J o h a n - n e s b u r g lawfully since 1 9 4 4 . H e is now 52 years of age a n d is a s k i n g for resettlement in his h o m e l a n d where he wishes to start a busi- ness of bis own. H e approached the Chief in t h e area where his relatives live a n d asked t o be a d m i t t e d . He was told t h a t he m u s t first pay a sum of R60 for back payments of levies.
T h e B a n t u Affairs C o m m i s s i o n e r concerned has confirmed that every married m a n is liable for a R1,00 tribal levy tax every year. T h e Bantu Affairs C o m m i s s i o n e r h a s offered bis assistance in s o r t i n g out t h i s dispute.
Mr. D . P. M. b o r n in J o h a n n e s b u r g in 1949 in a b a c k y a r d a n d lived with h i s m o t h e r a t h e r places of e m p l o y m e n t until 1956. H e then disappeared a n d can r e m e m b e r n o t h i n g of
what happened to h i m until he was found in Alexandra in 1967. H e h a s a medical certificate testifying that he suffers from epilepsy. H e was ordered to leave J o h a n n e s b u r g in J u n e , 1970. T h e r e is nowhere at all in t h e R e p u b l i c where h e belongs. H i s m o t h e r a n d stepfather live in Soweto but h e is not allowed to live with t h e m . He cannot be registered in a j o b b e was offered at Isando because he has no- where to register as a workseeker a n d n o place t o which an application can be m a d e
for him.
Mr. S. H. K. was horn in Johannesburg in
1 9 5 0 . H i s m o t h e r took h i m to L i c h t e n b u r g when he was three years old a n d h e r e m a i n e d
there until 1969 w h e n he returned to J o h a n - nesburg. H e remained in J o h a n n e s b u r g f o r two years until be was ordered to leave in A p r i l , 1 9 7 1 . H e h a d established no right to remain in Liclitenburg and has no right to remain in J o h a n n e s b u r g . H e does not k n o w where he will be permitted to r e m a i n .
Mr. D . M. was b o r n in J o h a n n e s b u r g and lived in t h e area until 1960 w h e n he went to school in B r i t s . H e r e m a i n e d at school t h e r e The Mack Sash, December, 1971
22
Die Swart Serp, Desemher 1971until 1968 and unfortunately did not return to J o h a n n e s b u r g immediately on leaving school* H e stayed in Brits illegally for a n o t h e r two years. H e took his first reference hook in Brits while he was at school.
He came b a c k t o J o h a n n e s b u r g in 1970 and was endorsed out- H e went to Brits to try to register there as a workseeker* Registration was refused because they said he was only at school there. He then applied to t h e Bantu Affairs Commissioner in J o h a n n e s b u r g for re- settlement. T h i s was in J u n e 1*>7I. He was offered work as a farm l a b o u r e r or a mine*
worker. These offers he refused because he does not want to spend t h e rest of h i s life as a contract l a b o u r e r either on a farm or on a m i n e . H i s education and abilitv would en- able him to work in a m o r e remunerative type of j o b . H e has not yet been assisted in any o t h e r way to be registered as a workseeker somewhere. H e is homeless in t h e land of his
birth.
Mrs. M . ','. was born in J o h a n n e s b u r g in 1 9 4 1 . She lived in J o h a n n e s b u r g with h e r parents until 1963 leaving only to attend school in Z u l u l a n d . D u r i n g her schooling she returned to her parents for all her holidays and after she finished school in I960 she lived permanently with t h e m .
In 1963 she married a man in Johannes-
burg w'ho took her (o live with lit in in Zulu*
land. She stayed with h i m there u n t i l 196JJ when the Bantu Commissioner advised her to return to her parents in J o h a n n e s b u r g because her husband was d r i n k i n g heavily a n d was not supporting h e r and tbeir t h r e e children.
She d i d c o m e back to her parents. Her h u s b a n d died in 1969. She was ordered to leave J o h a n n e s b u r g in 1971. H e r appeal to t h e Bantu C o m m i s s i o n e r to be allowed to r e m a i n was refused. She cannot go to her h u s b a n d ' s parents in Zululand because they are old-aged pensioners and cannot support h e r . a n d do not want t h e responsibility. She is not allowed to remain with h e r own parents in the place of her b i r t h . She has nowhere,
Mr. S. B. M. is a n o t h e r displaced person who has applied for resttlement. His case is at present b e i n g investigated by the B a n t ^ Affairs C o m m i s s i o n e r in Evaton where h e was b o r n where he has no right to remain because he worked on contract in a n o t h e r area.
H i s immediate problem is that he is destitute.
His e m p l o y m e n t insurance p a y m e n t s were up to date when his contract in J o h a n n e s b u r g ended hut payment was refused here because he was not lawfully here after his employment was terminated and he was also refused pay- ment in Evaton because h e does not belong there a n y m o r e . T h e r e is no other office to which he can apply.
