2fth June, 1968.

District Commandant, Police Headquarters,

Marshall Square, JOHAKN&SBPRa.

air,

I beg to call your attention to the following incident in which two of otdb ^ostel School boys(natives) were involved on Sunday morning June J?6th, about 9.40 a.m., in Oeranium Street near its intersection with First Avenue, Hill Township.

These two boys were given special printed and signed oasses(similar to those attached) and were proceeding from here by bicycles to assist in a Sunday School at Orlando Township. They were stopped in Geranium Street by the crow of the nolice Van, Registration No. T.J. 68736. Sergeant,T.C.175 asked the boys for their nasaes and they 4 handed him their specials; he also asked for theii** "tax'*. He informed them that exemptions must be carried together with a special pass or they were liable to be arrested. ^

f V vThe two boj3 aald they were scholars, which *

statement was not disputed, but he still Insisted tha* exemptions together with a special must be carried.

.*

They were then searched by Constable T.C.152 in the presence of the Sergeant; during this one of the boys asked the constable what right he had kt> search *** him. The constable Replied that that was no business of his(the boy's). ? He further went on to t>av that if he met this particular boy again in the night-time, he would assault him. *

y >xhe Sergeant then 6old t ie bovs to return to

their Housenaster and tell him to giye'them the prooer documents....I would.... /.

I would be grateful to learn what kind of an exemption, If any, should he carried in addition to a special pass, by scholars resident in this Government aided achool(St.Peter* a Secondary School, Hosettenville).

This is the first time in the course of sixteen years that such an exemption has been demanded by the police fror. any of our scholars here.

Further, is it in order that school bo^s should be publicly searched for no apparent reason after they have produced cheir special passes?

Also, is it in order that this constable should threaten violence in the way he did?

For your infor:aation I would add that the conversation on both sides was carried on exclusively in Afrikaans.

Yours truly,

SUPiSPXKT£Ktc.HT OP AHOLXCA* SCHOOLS rr. T:

/

Posbus P.O . Box

1098.

133-2222.*Telefoon T elephone

T elegram adres T elegraphic A ddress }“POLICE*

S .A .P . Q 6(b.)

V erm eid in u a n tw o o rd asb In reply p lease qu o te .

No.JD. 1/8185

SUID-AFRIKAANSE POLISIE.— SOUTH AFRICAN POLICE.

Kantoor van die Distrikskommandant, Office of the District Commandant,

Marshall-plein,Marshall Square,

Johannesburg.

11th July, 1938.

The Superintendent,Anglican Schools

Witwatersrand District, The Priory,

ROSET TENVILLE.

Sir,COMPLAINT AGAINST POLICE.

Further to my minute of even number dated 29th ultimo, relative to the above subject, I have the honour to inform you that it has been reported to me that you were interviewed by Captain Castle the Officer in Charge, Booysens, who explained the provisions of the Act to you.

As regards the allegations of search and threatened assault by the Police, I am satisfied that there is no truth in them.

I have the honour to be,Sir,

Your obedient servant,

For /

WJH/DVA.

COMMANDAST.A. Police,

JOHANNESBURG.

• Albion ■North Street,

Melrose,Johannesburg.

27th July 1938.

Dear Father Carter,With refrer4ince to your letter of the 13th

inst: and our subsequent conversation over the Telephone,I have in so far as my rather limited library permits,gone into the matte: of the two students who were stopped by the Police.

It would appear that they are liable to carryA.The school pass required by the regulations under the Urban

Areas Act (21.1923)*B.The certificate exempting them from payment of Native Tax

issued under sec 4(l)c and sec 4 (3) act 41.1925.In respect of the last mentioned certificate

the Policemay^in areas defined by the Minister by notice published in the Government Gazette,demand productionthereof. Arrest without warrant is subject to instructions,likewise published.Unfortunate­ly these notices are not accessible to me#

The matter could I think be solved by a visit to Ur. Mulcahy,the Chief Pass Officer. If a visit does not have satisfactory results,! suggest that you consider bringing the matter before the Joint Council Of Europeans and Africans.

The Priory,Rosettenville.

28th July, 19~>8.

Mr. Britton,"Albion",

North Street, Melrose,

JOHANNESBURG.

Dear Mr.Britten,

Thank you for your trouble about this police case. It is the first time the police have demanded both passes from our boys. I think in future we better have our passes printed in both official languages, and I think this would go further with the police than carrying a second pass, though, no doubt, this would not pass in the court of law.We do not see much improvement in all these xtx affairs as a result of the police KKmixtmn Commission Inquiry. The police are on the whole as fierce as ever they were.

Yours very sincerely,

26th January, 1939*

The Chief Pass Officer, Market Street West, Johannesburg*

Dear Sir,Mr* Mphofu has approached me

with a view to getting a recommendation for an Ex­emption Certificate*

Mr. Mphofu is a member of this Joint Council in whloh he has taken a prominent part whenever matters affecting Africans of Ills group, ofwhich he is a leader, are under discussion* He has always comported himself in a a elf-respecting mannltr and in tiy opinion is worthy to receive an Exemption Certlfic te*

Yourb faithfully,

elb/mmHOHOR'JtY r.T.cmTKSCr

D* Darling, EsQ«,The Priory,ROSETTKNVlllilC,J ohannesburg#

Dear Mr* Darling,I would bo glad if you oould send me

a statement on school panses and tax exemption certificatesfor scholars* An outline of the procedure of issuing such passes and any details you may have of arreots by police in this connection would also be useful.

Yours faithfully,

sL3/ mHONORARY 3S0H1STAKY

Rev. Father •Haynes, 0*R*fThe Priory.ROOT'S" ?VILLE,Joh nnesburg*

INN# Father Raynea,

May I rewind yon that you promised to send me a statement on sohool-psae and tax exemptions together with reoomvoendationa.

When I reoeive this I will submit it to the Secretary for Native Affairs and Senator Rheinallt Jones.

Yours sincerely,

HOrORARY SECRETARY

Telephone : 35 l>446.

74, Meyer Street,Sophiatown,

Johannesburg.

March 10th. 1939.E.L.Benjamin Esq,P.O.Box 97,J ohannesburg.

Dear Mr ^enjamin,With reference to my former conversation on the

subject of boys over the age of 18 who are attending school and wb have been subjected to arrest by the police during school holidays, I wish to bring the following particulars to your notice

During the Christmas holidays a boy named Elliott Mokoleng a pupil of the Diocesan Training College, Pietersburg, was arrested by the police in spite of the fact that he was carrying a school pass duly signed by the principal of the Diocesan Training college. After some representations at the Police station this boy was released by the police.A few days later, aboy called efcfcram Moloi, a pupil of St.Peter's Secondary school, Rosettenville, was sitting in his mother's house in Sophiatown, when the plice arrived conducting a poll tax raid; this boy produced his school pass as issued by the authorities at Rosettenville School. He was told that he had to have as well an exemption from the payment of poll tax and was taken off to the police station. Mji assistant priest, Father Downton, v ent to Newlands Police station and was told that the b&y must £1. and appear in the Court at Fordsbprg on the following day. Fathei* Downton and the boy went to Fords burg where the magistrate stated that he did not know why the boy had been arrested, as he was carrying his school pass which exempted him automatically from the payment of poll tax.The £1. which had been paid was returned. I reported this to the Commandant at the Newlands police station and was informed that the magistrate had male a mistake and that every boy; must carry the Exemption certificate from the payment of poll tax and also the school pass.On January 25th. a boy called Jerimiah attending St.Cyprian's school, Sophiatown, was arrested and taken to the police station on a similar charge of having no exemption certificate. He was in posoesion of pass number 41178, issued by the Oass office in Market ^treet, permitting him to reside in Sophiatown for the purpose of attending school. On representations being made to the Commandant this boy was released, apparently because they were not certain as to whether he had been rightfully arrested.

There must be some confusion as to what is the right procedure, >e are informed by the police that the boys must obtain exemption certificates from the payment of poll tax, whereas the magistrate at Fordsburg stated that if the bojps had passes from the school in which they are attending, duly signed by the Principal or Superintendent, that was sufficient.

74, Meyer Street,Sophiatown,

On reporting these facts to the Reverend C.M.Jones, princ:-?P ies - the Diocesan Training College, Pietersburg, I received a letter from him to say that he had approached the Native Commissioner in his distract, who stated that it was necessary for school boys over the age of 16 to carry exemptoon passes (as well as travelling and school passes during the holidays) This would involve him sending 140 boys to the Commissioner's office in batches of 20 for a distance of 18 miles to town.Further if this is correct, it would involve other schools in the country in similar difficulties and necessitate boys from St.Peter's School. Rosettenville, and &ther boys over 16 attending day schools in urban areas parading at the pass office.It would appear to me quite unnecceasry and I would suggest that an official form of pass be drawn up for b&ys attending school to be signed by the Superintendent or ( if there is one) European head- teacher, an that instructions should be given the police that such passes, if in order, automatically exempt the bpy from the payment of poll tax.

I should be grateful if you will take up this matter with Colonel Spence of the Native Affairs deoartment, and see whether some arrangements could not be made. It is exceedingly irritating to be continually attending police stations and Courts representing the boys, and it also creates a very wrong attitude towards the police authorities and the Native affairs department from the boys themselves.

Yours sincerely

Rev. Father R. Raynes, C.R., 7^ Meyer Street,

Dear Father Raynes,I have to acknowledge with thanks reoeipt

of your letter of the 10th Instant.I have already obtained information from

Mr. Darling of Rosettenvllle and I hope to see Canon Woodfield in the near future.

I shall then oommunicate with Colonel Spence, 3eoretary for Native Affairs and Mr. Young of the Native Affairs Commission. Senator Rheinallt Jones has also promised to take the matter up.

Yours slnoerely,

HONORARY SECRETARY

Sophiatown,JOHANNESBURG

The Secretary for Native Affairs, P.O. Box 384,P R E T O R I A

Dear Sir,I am asked by this Council

to obtain from you an explanation of the position with regard to school passes and tax exemption certificates for Native scholars.

Numerous cases of arrest of boys over the age of eighteen in possession of school passes, but no exemption certificate were reported at the last meeting of Council. It appears that members of the police force arc under the impression that a tax-exemotion certificate must also be carried.A trial case was taken to court and the Native Commissioner dismissed tne case, holding tnat possession of a school oass in itself was an exemption from payment of tax.

I would be grateful to obtain a definite ruling in this matter^^

Yours faithfully,

ELB/PBC HONORARY SECRETARY

-----

N.A. 117.T eleg rap h ic A ddress 1 „ n a t i v e s ' T e leg rafles A dres / M 1 ‘

UNION OF SOUTH AFRICA.— UNIE VAN SUID-AFRIKA.

D E P A R T M E N T O F N ATIVE A FFA IRS,

D E P A R T E M E N T VAN NATURKLLESAJEE,

No.87/293(1)PR E T O R IA ;

SirNative Scholars : Exemption from

Taxes.

I have the honour to acknowledge the receiptof your letter of the 29th ultimo and to inform you that the matter is receiving attention.

A further communication will be addressed

The Honorary Secretary to the Johannesburg Joint Council of Europeans and Africans,P.O. Box 97,Johannesburg.

to you in due courseI have the honour to be

Sir,Your obedient servant,

26th May, 1939.

Senator the Hon. J.D. Rheinallt Jones, The Senate,

CAPE TOWN.

Dear Senator,TAX KXSE4PTIC2NS ,FOR NATIVE SCHOLARS

The following Is the text of the letter sent to the Secretary for Native Affairs on 29th March 1939. (An acknowledgement of receipt has been received.)

"I an asked by this Counoll to obtain from you an explanation of the position with regard to school passes and tax exemption certificates for Native scholars.

Numerous oases of arrest of boys over the age of eighteen in possession of school passes, but no exemption certificate were reported at the last meeting of Council. It appears that members of the polloe force are under the impression that a tax-exemption certificate must also be carried. A trial oase was taken to court and the Native Commissioner dismissed the case, holding that possession of a school pass in itself was an exemption from payment of tax*

I would be grateful to obtain a definite ruling in this matter.

The police believe that a tax- exemption certificate must be carried? The Native Commissioner, Johannesburg, says that a school pass

- automatically -

automatically exempts from tax payment and In Itself Is valid as a tax exemption certificate. The Native Commissioner Pletersburg says that Native scholars over sixteen years of age must be registered at the Pass Office and must receive special exemption certifi­cates.

Z will not write again to the Secretary unless you think it advisable to press him for a ruling. The Joint Council would be grateful if you could take the matter up with Mr. Young.

FINANCE AND CONTROL OF NATIVE EDUCATION--------------'anT T - M vT C e s ---------------

I was asked to draft letters to the Reef M.Ps and Senators deprecating the Government attitude that Ifetive Services should be financed from the proceeds of the Poll Tax, and that Native Education should be controlled by the Native Affairs Department. As the whole matter appears to have been dropped for this session do you think the letter should be written nor or left to the commencement of next session. Mrs. Hellmann has rrltten an article, which we hope "The Star1* will take, on this subjeot. Would It, hot be best to hold this up also?

With all good wishes,Your8 sincerely,

HONORARY SECRETARY

UNION OF SOUTH AFRICA .— UNIE VAN SUID-AFRIKA.

D E P A R T M E N T O F N ATIVE A FFA IRS,

D E P A R T E M E N T VAN N A TU RELLESA KB,

P .O . H °x | 3g4 P o sb u s ) 9

P R E T O R IA ;

No. 87/293(1). -.......... -.... -...»

Sir,Native Scholars: Exemption from Taxes.

With further reference to your letter of the 29th March last, I have the honour to inform you that a scholar's pass does not automatically exempt the holder from the payment of taxes, but that arrangements have been made to have endorsed thereon a statement that the bearer has been granted extension of time within which to pay his tax until it can be ascertained whether he should be given temporary exemption or not.

I have the honour to be,Sir,

Your obedient Servant,

The Honorary Secretaryto the Johannesburg Joint Council of

Europeans and Africans,P. 0. Box 97,

JOHANNESBURG.

s

Tiie Secretary for Native Affairs,Union Buildings,P R E T O R I A .

Dear Sir,

I a.i in receipt of your letter 87/393(1),

for vmicn I thank you. I will lay the information

contained tnereln before ay Council at its next meeting.

Yours f.'.'.itnfully,

HONORARY SECRETARY

ELB/M&cP

T elegrafles A dres:

T elegraphic A ddress

Si NATIVES.*?

U N IE VAN SUID-AFRIKA. UNION OF SOUTH AFRICA.

D E P A R T E M E N T VAN NATURELLESAKE,

D EPA R T M E N T O F N A TIV E A FFA IRS,

No. 102/276 P o sb u s

P .O . Box

Sir,Duplicate Certificate of Exemption

In reply to your letter of the 16thSeptember, 1939* I have the honour to inform you that 10,234 exemption certificates and 138 duplicate certifi­cates of exemption have been issued to date. So far this year, very few duplicate certificates have been granted as a large number of applications were held in abeyance pending a review of the position which indicated a marked increase in the number of these applications.

tion you require is not readily obtainable. The Depart­ment at present has some 17,000 files on record dealing with applications for exemption from the Pass Laws.You will appreciate that without the available staff the task entailed in scrutinising each and every file would be stupendous.

I regret that the rest of the informa-

I have the honour to beSir,

Your obedient Servant,/

The Honorary Secretary SECRETARY FOR NATIVE AFFAIRSJohannesburg Joint Council

of Europeans and Natives P.O. Box 97,

Johannesburg.

\ I October l6th, 1939

The 3eoretary for Native Affairs,P.O. Box PRETORIA.

Dear Sir,Pupiloate Certificate of Exemption

The Seoretary has asked me to acknowledge with thanks reoelpt of your letter 102/276 of the l*!-th Instant.

The lnfonrmtlon contained therein will be laid before the Council at Its next meeting.

Yours faithfully,

p.p» HONORARY SECRETARY

The Secretary for Native Affaire, 2asm House,PRETORIA.

Dear Sir,In connection with the circular

recently ieeued. to Native Commissioners advising against the issue of a duplicate Exemption Certificate in cases wtiere it cannot be proved that the original certificate has been lost, I am asked by my Council to ask you for the following information;-a. How many Exemption Certificates have been issued to Africans?b. How many Exemption Certificates have been reported lost? o. How many duplicates have been issued?d* How many Exemption Certificates have been proved to have been solfi to un-exempted Africans?e. t>hat action has been taken against the seller in such proved cases of sale?

This Council would be very grateful to you for the information.Yours faithfully,

ELB/ND. HONORARY SECRETARY

Sent to:-Councillor H.V.S. Thema, P.O. Box 6663, Johannesburg Councillor R.G. Baloyi, P.O. Box 30, Bergvlei, Jhb. Counoillor T.M. Mapikela, Ulundi Kaya, 1437 Community

Avenue, Bloemfontein, O^F.S Chief G^bge Makapan, M.R.C., P.O. Box 53^» Pretoria,

November 17th, 1939*

Senator the Hon. J.D.R. Jones, P.O. Box 97,JOHANNESBURG.

Dear Sir,It has been reported to this Council

that a circular has been Issued to all Native Commissioners advising against the issue of Duplicate Exemption Certificates to Africans in oases where it cannot be proved that the original was lost.

The Native Affairs Department has stated that this is because Africans have been suspected of selling their Certificates to un-exesrnted Africans.

A letter was written to the Secretary for Native Affairs, a copy of which la attached together with a copy of the answer received. You will see that the answer fails to reveal any evidence of the sale of Exemptions.

My C ouncll will be very pleased if you, in consultation with your colleagues will raise this matter at the forthcoming meeting of the Natives Representative Council in order to discover what proof of sale of Certificates the Department has, and to request the withdrawal of the circular.In this matter those guilty of selling their Certificates should be punished individually, otherwise the innocent will suffer for the guilty.

- In -

In the same oonneotlon this Counoll vould be glad If the Department could be persuaded to Issue Certificates to suoh persons as are automatically exempted through reason of their employment. At present, for example, sohool teachers, though exempted, are given no document to prove this and are consequently in difficulty when arrested by the Police,

Yours faithfully,

HONORARY 3SCHSTARY

KIM/M ffl

Knclosurooj Copies of Correspondence

September l6fch, 1939.

The Sacratary for native Affaire, Zeam House,?H::TQH2A.

Dear Sir,In connection with th* circular recently Issued to Native Commissioners advising against the

issua of a duplicate exemption Certificate in eases where it caimot be prowed that the original certificate has been lost, I am asked by ray Counoil to ask you for the following inforraation*-a. How msny Extraction Certificates have been issued to Africans?b. How many Exemption Certificates have bean reported lost?c. How many duplicates have been issued?d. How saany exemption Certificates h©v© been oroved to havo been sold to un—exempted Africans?e. Khst action has been taken a alnst the seller in such prowed eases of sale?

This Council would be very grateful to you for the information,Yours faithfully,

(Signed) L. Benjamin

HONORARY SECHl:TAHY

£OFL

Department of Native Affaire, P.O. Hox 3S^,No. 102/276. pr. rroniA.October l^th, 1939.

sir,

In reply to your letter of the 16th ^eptesber, 1939» I have the honour to inform you that 10,<3^Sac •action Certificates and iy& Duplicate Certificates of Exemption hsve been Issued tc date. So far this year, v« ry few duplicate <*?!***"»»•«*« >w*n minted a® a large niuabar of applications were fteld in abeyance pending a review of the position which indicated a marked increase in the number of the applications.

I yatgret that the reat of the Infortn&tion you re u ire is not readily obtainable. the Department at present has some 17,000 files on record dealing with applications for exemption from the Pass Laws. You will appreciate tint without the available staff the task entailed in scrutiniain-f each and every file would be stupendous.

I have the honour to be,Sir,

Your obedient Servant,

(Sirned) D. L. >ffiit

„tu „ 2<m%.mx..Fnn wativ, a f f a i rThe Honorary Secretary,Johannesburg Joint Council of uro ’eans and Natives,P.O. aox 97*JOHAN HS8WIH0.

February 7tht 19}W.

Miss J. W. Vines,Munioipal Librarian,o/o Bantu Men’s Social Centre,F.O, Box kjby,J0HANFJE8B0H0.

Dear Miss Vines,The Joint Council will be vory

pleased to have you address them at the next meeting at 3,15 p.m. on Mcnday, February 12th, 194-0, at the ftantu Men's Social Centre, Eloff Street, Johannesburg.

I enclose a oopy of the Agenda and notice of meeting.

Yours sincerely,

HONORARY SECRETARY5L8/,m :Snolasnrai Aganda.

February 7^h, 19**0 .

P. 0. Rnyman, Esq.,196 Conrnts s ioner Street, JOHANNESBURG,

D ear H r . S n y ^ n ,

The Joint Council vrlll bo very pleased to have you address then at 3,15 P»m« on Monday, February 12th,, 19w, at the Bantu Men’s Social Centre, Hloff Street, Johannesburg,

I enclose a copy of the notice of Meeting and agenda. Xtera Ho, 2 deals with profiteering a^d the Chairman vill oall on you to speak'directly item Mo, 1 - a purely formal s e t t e r - ha? been talcen.

Yours sinosrely,

H0H0IWIY S5CHT7TARYELB/MNEEnclosure: Agenda.

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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