BLACK AND WHITE

Dominion, Volume 27, Issue 36, 6 November 1933, Page 10

BLACK AND WHITE

South African Episode FLOGGING EUROPEAN A Chief’s Protest It was reported in a cable message recently that the South African chief, Tshekedi. had been suspended for having tried Phlneas Mclntosh, a European, on a charge concerning native women, and having sentenced him to be flogged. He declared that he took this course because his complaints to the Administration were not dealt with promptly and adequately. An official inquiry, however, found that there was no ground whatsoever for this complaint. The following statement was issued subsequently by the Dominions Office: The High Commissioner for South Africa has received from Tshekedi, who was lately, by his order, suspended from the exercise of the functions of Acting Chief of the Bamankwato Tribe in the Bechuanaland Protectorate, tlie following communication: “As it appears that there is a feeling that it is my desire to try cases in which Europeans are involved 1 desire to repeat what Mr. A.' C. Gcrmond said at recent inquiry, that I said to him on September G, 1933, that I wished to stress the fact that I had not taken such a step regarding Mr. Mclntosh with the intention of raising an issue ou a point of jurisdiction affecting my Court, but I had been compelled in the interests of just administration and the good of my people to order the punishment of Mclntosh. "I hereby abandon any right to deal with a case in which a European is concerned and I undertake not to deal with any European case in the future. “In order to remove any misapprehension that might exist- I did not and will not claim to be immune from the laws of the Protectorate as now in force or as may be hereafter in force. No one could regret more than I do what has occurred, and I desire to assure the High Commissioner that I would at all times work in harmony and Joyal co-operation with the Administration.” Tshekedi’s Complaint. As regards the first paragraph of this communication, th? High Commissioner, simultaneously with the inquiry held by his order into the circumstances surrounding the flogging of Mclntosh, caused a separate inquiry to be held with a view to ascertaining whether there was any ground for the complaint made by Tshekedi that there had been failure on the part of the Administration to deal promptly and adequately with offences committed by Mclntosh aud other Europeans in Serowe. From this inquiry, the full report of which is expected to be received about the middle of October, it appears as follows: (1) Charges were brought against Mclntosh and McNamee on several occasions between 1930 and 1932, when evidence was available of actual offences against the law. During this period Mclntosh had been convicted of assault aud sentenced to a fine of 10/or two weeks’ imprisonment with hard labour. The following convictions had been obtained against McNamee: (1) Assault; fine of £2 or one week's imprisonment with hard labour, - (2) Assault aud malicious injury to property; one month’s imprisonment with hard labour and one week’s imprisonment respectively. ' (3) Assault; fine of 10/- or two weeks’ imprisonment with bard labour. Inquiry in 1932. (2) In 1932, in view of complaints of Tshekedi and others as to the association of Mclntosh and McNamee with native women, the Acting Resident Commissioner ordered an inquiry with a view to possible action against them under Proclamation No. 8 of 1929, which empowers the Resident Commissioner to prohibit any person from residing in any district in the Protectorate if in his opinion the presence of such person therein is likely to be prejudicial to the peace and good government of the Protectorate or to the interests of the natives living therein. As regards this Proclamation, it is to be observed that persons born within the Protectorate (as were Mclntosh and McNamee) cannot be expelled from the Protectorate, but can only be removed from one district within the Protectorate to another. In view of the difficulty of getting the women concerned to discuss with the police matters of this nature, the Acting Chief, was asked to collect the necessary evidence. Owing partly to absences from Serowe, and partly to absorption in other affairs, the Acting Chief took no steps to collect such evidence, and in the absence of any evidence such as would justify action under the Proclamation referred to. the matter was dropped for the time being.' Offender Reprimanded. (3) In March, 1933, a further complaint was received from a European living in Serowe. After correspondence with the Acting Chief, the Resident Magistrate severely reprimanded and warned Mclntosh in the presence of witnesses. As a result of this action, the European referred to stated that tlie nuisance caused by these men had now ceased. (4) No complaint regarding either Mclntosh or McNamee was made to the Resident Magistrate after the incident referred to at (3) above. (5) Although the assault in respect of which Mclntosh was tried by Tshekedi in Kgotla was committed early in August, no report of any kind was made by Tshekedi to the Resident Magistrate. The trial and flogging occurred ?on September 6. (6) During the period 1930 to 1933 tlie Acting Chief had numerous interviews with the Resident Commissioner and several Interviews with the High Commissioner. On no occasion did he refer to the conduct of these or any other Europeans in the Reserve, nor did he make any complaint as to inaction or Inadequate action by the Administration. Plea Rejected. In view of these facts, the High Coinsioner is unable to accept the statement of Tshekedi as a reason for dealing with this.case himself, contrary to the law, instead of referring it to the Resident Magistrate, that he was “compelled in the interests of just administration and the good of his people” to order the punishment of McIntosh. . • Nevertheless, in view of the stale-; merits in Tshekedi’s communication (1) that he has abandoned any right to deal with a case in which a European is concerned; (2) That he did not and will not claim to lie immune from the laws of the Protectorate; and (3) That he will at all times work in harmony and loyal co-operation with the Administration; the High' Commissloner harecommended to the Secretnry of'State for Dominion Affairs that bls’ Majesty should lie advised to ter-, minate forthwith the period (luring which Tshekedi is suspended from the exercise of tlie functions of Acting Chief.