From: South Africa's Radical Tradition, a documentary history, Volume One 1907 - 1950, by Allison Drew

Document 90 "Hertzog's Native Bill Passed: Only 11 Oppose Reactionary Measure", Umsebenzi, 1 1 April 1936

HOFMEYR SURPRISES US

General Hertzog's Bill, disenfranchising the Cape Africans, was carried at its third reading by a joint sitting of both houses of Parliament last Monday night. The voting was: 169 for, 11 against.

Among those voted for the Bill were the three members of the "Labour Party". We record their names that posterity may know what SOCIALISM meant in South Africa in 1936:-Walter B. Madeley, Brurnside and van der Berg."

The following voted against the Bill: J. H. Hofmeyr, Colonel C. F. Stallard, J. S. Marwick, C. W, A. Coulter, J. G. Derbyshire, J. Chalmers, A. J. McCallum, R. S. du Toit, R. M. Christopher, Senator F. S. Malan and M. Alexander.

Mr J. H. Hofmeyr's action comes as a very pleasant surprise to us. We had thought he had already gone too far on the road of demagogy and compromise to speak and vote as he did. It was said in some quarters that he has committed political suicide. It was believed by many that he has at least as good a chance as Mr Pirow of becoming the future premier of South Africa. Now that chance is gone. But we hope Hofmeyr will stick to his guns.

Comrade MASIU Holds Up the Bill

On Tuesday an interesting incident happened. A Cape African who is on the voters roll has applied for an interdict by the Supreme Court declaring the Act illegal.

A sensation was caused in the lobby of Parliament when the Sheriff attempted to serve notice of the application upon Mr Speaker. The Sheriff was refused admission to the House, and he then tied the notice to the members' entrance nearest to Mr Speaker's chambers.

The application has been set down to be heard on Friday, April 17, and pending the determination of this matter it is unlikely that any further steps will be taken towards having the Bill certified and made law.

Masiu's action is a sequel to the point raised at the joint sitting yesterday afternoon by Mr C, W. A. Coulter when he argued that Parliament has no power to take off the common register the name of any Native appearing on it.

The procedure adopted by Masiu follows that used in the famous case of Trewothem versus the Attorney-General of New South Wales, in which an attempt was made by Mr Lang, then Prime Minister of New South Wales to override the provisions provided for the amendment of the State constitution which were declared invalid in law.

In this affidavit filed before the Supreme Court of the Cape Province Masiu says: "it is essential for the vindication of the rights of the applicant that the hearing of this application should occur before certification of the Bill by Governor-General." The applicant goes on to state "I am specially and particularly interested in the matters dealt with by the said Bill. In particular Section six thereof prescribes that the Minister of Native Affairs, or some other Minister acting in his stead, shall cause the register (hereinafter referred to as the Cape Native Voters' Roll) to be compiled which .. in particular shall include my name, and upon the lists of person qualified to vote at the elections of members of the House of Assembly, shall be removed there from."

ALL EYES TO THE NATIONAL CONVENTION

All-eyes are now turned on the African National Convention which meets in Bloemfontein in June to consider how to carry forward the fight for democratic rights for black men in South Africa. They will have to decide whether to follow the policy of abstention (that is to have nothing to do with the working of the new Act) or on the other hand to use the new All-Union Bhunga as a propagandist platform from which to demand the extension of the franchise and the vote for all South Africans (black and white) on the same basis.