African National Congress
P.O. Box 9207,
Johannesburg,
21st January 1952
The Prime Minister of the Union of South Africa,
House of Assembly,
Cape Town.
Sir,
In terms of the resolution adopted by the 39th session of the African National Congress held at Bloemfontein we have been instructed to address you as follows:
The African National Congress was established in 1912 to protect the interests of the African people in all matters affecting them and to attain their freedom from all discriminatory laws whatsoever. To this end, the African National Congress has, since its establishment, endeavoured by every constitutional method to bring to the notice of the Government the legitimate demands of the African people and repeatedly pressed, in particular, their inherent right to be directly represented in Parliament, Provincial and Municipal Councils and in all Councils of State.
This attitude was a demonstration not only of the willingness and readiness of the African people to cooperate with the Government but also evidence of their sincere desire for peace, harmony and friendship amongst all sections of our population. As is well-known the Government through its repressive policy of trusteeship, segregation and apartheid and through legislation that continues to insult and degrade the African people by depriving them of fundamental human rights enjoyed in all democratic communities, have categorically rejected our offer of cooperation. The consequence has been the gradual worsening of the social, economic and political position of the African people and a rising tide of racial bitterness and tension. The position has been aggravated in recent times by the Pass Laws, Stock Limitation, the Suppression of Communism Act of 1950, the Group Areas Act of 1950, the Bantu Authorities Act of 1951 and the Voters' Act of 1951.
The cumulative effect of this legislation is to crush the national organisations of the oppressed people, to destroy the economic position of the people and to create a reservoir of cheap labour for the farms and the gold mines, to prevent the unity and development of the African people towards full nationhood and to humiliate them in a host of other manners.
The African National Congress as the national organisation of the African people cannot remain quiet on an issue that is a matter of life and death to the people; to do so would be betrayal of the trust and confidence placed upon it by the African people.
At the recent Annual Conference of the African National Congress held in Bloemfontein from the 15th to 17th December, 1951 the whole policy of the Government was reviewed and after serious and careful consideration of the matter, Conference unanimously resolved to call upon your Government, as we hereby do, to repeal the aforementioned Acts by NOT LATER THAN THE 29TH DAY OF FEBRUARY, 1952, failing which the African National Congress will hold protest meetings and demonstrations on the 6th day of April 1952 as a prelude to the implementation of the plan for the defiance of unjust laws.
In the light of the Conference resolution we also considered the statement made by the Prime Minister at Ohrigstad on the 5th instant in which he appealed to all sections of our population, irrespective of colour and creed, to participate in the forthcoming Jan Van Riebeeck Celebrations. It is our considered opinion that the African people cannot participate in any shape or form in such celebrations, unless the aforementioned Acts which constitute an insult and humiliation to them are removed from the Statute Book.
We firmly believe that the freedom of the African people, the elimination of the exploitation of man by man and the restitution of democracy, liberty and harmony in South Africa are such vital and fundamental matters that the Government and the public must know that we are fully resolved to achieve them in our lifetime.
The struggle which our people are about to begin is not directed against any race or national group but against the unjust laws which keep in perpetual subjection and misery vast sections of the population. In this connection, it is a source of supreme satisfaction to us to know (that) we have the full support and sympathy of all enlightened and honest men and women, black and white, in our country and across the seas and that the present tension and crises have been brought about not by the African leaders but by the Government themselves.
We are instructed to point out that we have taken this decision in full appreciation of the consequences it entails and we must emphasise that whatever reaction is provoked from certain circles in this country, posterity will judge that this action we are about to begin was in the interest of all in our country, and will inspire our people for long ages to come.
We decide to place on record that for our part, we have endeavoured over the last forty years to bring about conditions for genuine progress and true democracy.
Yours faithfully,
(Signed) Dr. J.S. Moroka
President-General
W. M. Sisulu
Secretary-General
[The Private Secretary to the Prime Minister, M. Aucamp, replied on January 29, 1952. He wrote, inter alia:
It is noted that your submission is framed in terms of a resolution adopted at its recent session in Bloemfontein of the "African National Congress". Resolutions adopted by the African National Congress at its annual meetings were, in the past, sent to and dealt with by the Minister of Native Affairs and his Department. On this occasion, however, there has been a definite departure from the traditional procedure in as much as you have addressed yourself directly to the Prime Minister in order to present him with an ultimatum. This new approach is probably accounted for by the recent rift or purge in Congress circles, after which it is doubtful whether you can claim to speak authoritatively on behalf of the body known to the Government as the African National Congress.
The Prime Minister is, however, prepared to waive this point and to reply to various points raised by you and also to your ultimatum as he feels that the Government's attitude in the matter should be clearly stated…
You will realise, I think, that it is self-contradictory to claim as an inherent right of the Bantu who differ in many ways from the Europeans that they should be regarded as not different, especially when it is borne in mind that these differences are permanent and not man-made. If this is a matter of indifference to you and if you do not value your racial characteristics, you cannot in any case dispute the European's right, which in this case is definitely an inherent right, to take the opposite view and to adopt the necessary measures to preserve their identity as a separate community.
It should be understood clearly that the Government will under no circumstances entertain the idea of administrative or executive or legislative powers over Europeans, or within a European community, to Bantu men and women, or to other smaller Non-European groups. The Government therefore, has no intention of repealing the long existing laws differentiating between European and Bantu.
You demand that the Union should no longer remain a State controlled by the Europeans who developed it to the advantage of all groups of the population. You demand that it should be placed under the jurisdiction of the Bantu, Indian and other non-European groups together with Europeans without any distinction whatsoever, and with no restriction on the possible gradual development of a completely mixed community. Nevertheless you apparently wish to create the impression that such demands should be regarded as a generous gesture of goodwill towards the European community of this country. It is quite clear that the opposite is true. This is not a genuine offer of cooperation, but an attempt to embark on the first steps towards supplanting European rule in the course of time…
Your third point is that the differentiating laws are of an oppressive and degrading nature. This again is a totally incorrect statement. The laws are largely of a protective nature. Even those laws which are regarded as particularly irksome by the Bantu people, have not been made in order to persecute them, but for the purpose of training them in the performance of those duties which must be fully observed by all who wish to claim rights…
It is even more significant that you should condemn the Bantu Authorities Act, which was designed to give the Bantu people the opportunity for enlightened administration of their own affairs in accordance with their own heritage and institutions, adapted to modern conditions…
I must, now, refer to your ultimatum. Notwithstanding your statement that your Congress has taken the decision to present its ultimatum to the Government in full appreciation of the consequences it entails, the Prime Minister wishes to call your attention to the extreme gravity of pursuing the course indicated by you. In the interests of the Bantu he advises you to reconsider your decision. Should you adhere to your expressed intention of embarking on a campaign of defiance and disobedience to the Government, and should you in the implementation thereof incite the Bantu population to defy law and order the Government will make full use of the machinery at its disposal to quell any disturbances and, thereafter, deal adequately with those responsible for inciting subversive activities of any nature whatsoever…]