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6. For the purpose of inquiring into and determining such grievances, disputes, breaches of discipline, and contraventions of regulations, such Inspector as aforesaid shall have the following powers :
(1) He may examine witnesses on oath.
Any person giving false evidence in any such inquiry
(2) He may, on finding any Native guilty of a breach of discipline or a contravention of any Regulation, impose a fine on him not exceeding five pounds, and in default of payment, the employer of such Native shall withhold the said amount from any wages due to such Native and pay it over to the Inspector for the benefit of the Colonial Treasury.
No deduction to be
7. No deduction otherwise than as provided by the last preceding sections, or by a sentence of a competent Court, shall made from wages of be made from the wages of any Native.
+8. The regulations in the schedule to this Proclamation. shall be of full force and effect until revoked or amended, and there shall be paid on the "passes " and "passports passports" in the said regulations mentioned the fees therein prescribed.
10. It shall be lawful for the Administrator to establish at every Pass Office in a Labour District guard rooms of adequate size in which it shall be lawful to detain for a period not exceeding six days any Native suspected of desertion from the service of his employer.
11. The following Laws shall be and are hereby repealed :—
9. The term "District Pass," wherever it occurs in Proclamation Transvaal No. 23 of 1901 shall be taken and read as
Proclamation Transvaal, No. 23 of
"Labour Identification Passport," and the term "Native" in 1901, applies to Passthe said Proclamation shall be covered by the definition of that term in Section 4 of this Proclamation.+
Law No. 23 of 1899.
and so much of any other Law as may be inconsistent with or repugnant to the provisions of this Proclamation.
12. This Proclamation may be cited for all purposes as the "Native Passes Proclamation, 1901," and shall take effect from and after the second day of January next.
A.-GENERAL PASS REGULATIONS.
1. No Native shall, save as is hereinafter excepted, enter or leave this Colony, unless he be in possession of a pass, duly issued for that purpose.
Proc. No. 37 of 1901. Powers of Inspectors.
2. Any Native who has obtained a Pass to proceed to any place within the Transvaal, issued by an authorised Pass Officer in any British Territory in
* To the end of this Section have been added by Ord. 27 of 1903, sec. 1, subsec. (5), the words "actually earned by him."
+ The regulations in the Schedule were revoked and new regulations promulgated
by Pr. 18, Admn. 1903 (Gazette, 12th June, 1903, p. 1189). See new amended definition under Ord. 27 of 1903, sec. 2.
Regulations in schedule to be
of full force until revoked.
Repeal of Laws.
Title and taking effect of Pro
All Natives travelling must have passes. Foreign passes.
Proc. No. 37 of 1901.
Within district travelling.
Apprehension without passes.
No employment without passes.
Penalty for withholding pass.
No railway ticket without a pass. Exemptions.
Not more than one on a pass.
South Africa may travel in the Transvaal to such place upon having such Pass endorsed by the Pass Officer in this Colony who is conveniently nearest the place where the Native has entered it.
3. Any Native residing on a farm, or on any private property in this Colony or in a Government Native Location who desires to travel within the district in which he resides for the purpose of visiting, or on the business of his employer, may do so upon a permit or note issued by the owner of the farm or private property on which he resides, or by an official appointed by the Administrator to issue such notes or permits to Natives residing in such location as aforesaid, or by his employer, as the case may be.
Such permit or note shall bear the date when, and shall state the purpose for which it was issued.
4. Any Native within this Colony, who desires to go and work or seek work at any place other than within a Labour District, or who desires to go beyond the District in which he resides on his own business or that of his employer, shall obtain an official Travelling Pass in the form hereto annexed and marked I.G., on which he shall pay the sum of one shilling.
5. No Pass to travel shall be issued to any Native apparently suffering from infectious disease.
6. In order to prevent vagrancy and habitual idling, any Native found wandering abroad without a proper pass or travelling otherwise than in the direction indicated in his Pass may be apprehended by any officer authorised by Law to arrest, or by any person upon whose property he is found, and shall be forthwith brought before the nearest officer empowered to deal with offences against the Pass Law.
7. (1) No person may employ or take into his service any Native who is not provided with a proper Pass, which such employer shall demand from him and retain in his possession until the expiration of his period of service, when it shall be returned to him with an endorsement thereon by the employer, correctly dated, of the discharge of such Native from his employ; and on the production thereof to any Pass Officer, such Native shall be entitled without any charge to a Pass entitling him to return to his home.
(2) This regulation shall not apply to the owner or lessee of a farm employing a Native residing thereon.
8. Any person who unlawfully deprives a Native of his Pass or maliciously withholds it from him, or maliciously destroys or alters it, or who grants a permit to a Native to travel who is not in his employ, or who forges a Pass, shall be liable to a fine not exceeding fifty pounds, and in default of payment, to imprisonment, with or without hard labour for a term not exceeding six months.
9. No railway ticket shall be issued to a Native unless he is in possession of permit note, or Pass, issued under these Regulations.
10. No Native coming within the following list of exemptions shall be required to take out a Pass to enter, leave, or travel within this Colony.
(a) Native Police or Messengers while on the service of the Government of this Colony.
(b) Any Native driver or Leader in the employ of a European master whilst actually engaged as such, and producing a Pass signed by his employer. (c) Any Native to whom a letter of exemption has been granted by the Commissioner for Native affairs.
(d) Any Native in the employ of and travelling in the company of a European master or mistress, residing in or coming into the Transvaal; Provided that this exemption shall in each ease extend to not more than three Natives.
11. Any Native who shall claim to be exempted from taking out a Pass by virtue of the provisions of Section (c) of the foregoing Regulation, may be required to satisfy any Magistrate, Pass Officer, or Police Officer that he is entitled to exemption, either by production of his letter of exemption, otherwise.
12. No Pass shall include the name of more than one person; provided that when any Native taking out a Pass is accompanied by his wife or children under the apparent age of fourteen years, a note made on the pass and referring to and
setting forth the name of the wife and number of children shall be a sufficient authority for such wife and children to enter or leave or travel within the Colony under such Pass.
13. A Pass Officer shall have the liscretion to refuse to issue or endorse a Pass to any Native to enter or depart from this Colony or travel therein for any reason appearing to him sufficient.
14. If a Pass Officer shall refuse to issue or endorse a Pass, he shall report such refusal to the Resident Magistrate of the District, who shall direct the Pass Officer to issue the same or not as he shall deem fit.
15. The Commissioner for Native Affairs shall have full authority and discretion in any case to order that a Pass shall be issued or refused to any Native, notwithstanding any prohibition or other provision contained in these Regulations.
16. Any Native who shall have lost his Pass shall be required to obtain a duplicate thereof from the Pass Officer, on payment of the proper fee.
18. No Pass shall granted to a Native who is known by the Magistrate or Pass Officer to be under an unexpired contract of service, except with the consent, in writing, of the employer.
19. It shall not be lawful for any Native to enter and be upon the property of any person (unless he be in such person's employ) without the permission of the person in charge of such property, or without a note from his employer stating the object for which he is on such property; an open delivery note accompanying goods from a merchant or other tradesmen shall be considered as such a note.
20. The above Regulations shall apply to all Districts in this Colony, including Labour Districts, except in so far as they may be in conflict with the next succeeding Regulations. The expression "Pass" in these Regulations shall, in Labour Districts, include the Identification Labour Passport hereinafter referred to.
17. Every Pass Officer shall inquire of every Native who applies for a Pass to seek work or for an endorsement of his Pass to return home, whether he is tract. under an unexpired contract of service, and any applicant making a false statement in reply to such inquiry shall be deemed guilty of a contravention of these Regulations.
2. Passports may be obtained of all Pass Issuers in the Transvaal, and at any other place outside the Colony notified in the Gazette.
Proc. No. 37 of 1901.
3. Every Native accompanied by a licensed Labour Agent shall, before being granted a passport, be questioned by the Pass Officer as to the terms of his agreement of service, and whether such service is voluntary on his part. In the event of it being found that there was coeocion or misrepresentation on the part of the Labour Agent in obtaining the service of such Native, or that the agreement of service is in other respects void, such Native may be sent back to his home at the expense of the Labour Agent or his employer.
Pass may be refused.
Revoked by Pr. 18, Admn. 1903 (Gazette, 12th June, 1903, p. 1189), and other regulations substituted.
Reference to Commissioner for Native Affairs.
*B.-REGULATIONS FOR LABOUR DISTRICTS.
1. Any Native residing in the Transvaal, or coming from the borders thereof desiring to work within any Labour District, or being at the date of the taking passes. effect of these regulations under contract of service within any Labour District, must be provided with an Identification Labour Passport, hereinafter referred to as a Passport, in the form hereto annexed and marked I.L., which shall be filled in as required thereby, and shall be held by him during his period of service, and shall be available to him for travelling to and from his destination. A Passport shall contain a complete record by which the holder may be identified and his movements traced, and shall in any court of Law be primâ facie evidence of the facts therein recorded. It shall not be available after final endorsement for return home for any purpose other than for such return.
Natives under con
Natives with Labour Agents. Procedure in matter of coercion or faulty agreement.
4. Every Native engaged by a Labour Agent to work in any Labour District must within three days after his arrival therein proceed to the Pass arrival. Office to have his passport registered, and the Pass Officer shall in a book,
Proc. No. 37 of 1901.
Procedure for Natives travelling independently.
Native travelling in Labour District must be provided with permit by his employer.
No Native may enter on any property with out consent of person in charge thereof or note from his employer.
Period of contract defined.
to be called the "Pass Register," record the name of his employer and the terms of his agreement of service. On every such registration there shall be paid the employer a fee of one shilling.
5. (1) Every Native under a contract of service within any Labour District at the date of the taking effect of this Proclamation shall forthwith obtain a Passport and have it registered at the Pass Office within such District. The name and address of the employer shall be recorded upon the Passport and also in the Pass Register on payment by such employer of a fee of one shilling.
(2) Every Native entering a Labour District to seek work, or being within such District at the taking effect of these Regulations shall obtain a passport and report himself at the Pass Office therein within twenty-four hours after arrival in such District, or within one week after the taking effect of these Regulations as the case may be, and shall thereafter be allowed six days to enable him to find an employer. The employer when found shall cause the said Passport to be registered and his name and address to be recorded thereon and also in the Pass Register. On every such registrativn there shall be paid by the employer a fee of one shilling.
(3) During the said period of six days, such Native shall return every night and report himself to the Pass Office. If he fail to find employment within the period aforesaid, his passport shall be endorsed to return home, or to proceed to another Labour District, at the discretion of the Pass Officer; in the latter case the provisions of this section shall apply to such Native on his arrival within such other Labour District.
(4) Any Native who is found in a Labour District without a Passport or who fails to report himself as aforesaid, or who remains in that Labour District longer than one day after his Passport has been endorsed shall be liable to pay a fine not exceeding five pounds, and in default of payment to imprisonment, with or without hard labour, not exceeding one month.
(5) Every Native shall be bound, on demand of any Pass official, to state all the particulars required to be entered upon his Passport. Any Native who shall wilfully and with intent to deceive such Pass official, give false particulars shall on conviction be liable to the penalties provided in the last preceding sub-section.
6. Any Native employed within a Labour District, sent by his employer on business beyond the boundaries of the town or municipality in which he resides or who with the consent of his employer, travels within such district shall be provided by such employer with a special permit in addition to his passport. Such permit shall not extend beyond three consecutive days, and shall set forth the object for which it is granted and the date of its issue.
7. It shall not be lawful for any Native to enter and be upon the property of any company or person (unless he be in the employ of such company or person) without the permission of the person in charge of such property, or without having in addition to his passport, a note from his employer, stating the object for which he is on such property; an open delivery note accompanying goods from a merchant, shopkeeper, and any other tradesman, shall be considered as such a note.
8. Upon every passport in use there shall be payable in advance by the employer of the holder thereof a monthly fee of two shillings, which may for any period not exceeding six months be paid in one sum; providing that
(1) Any Native wishing to become in any Labour District a daily labourer or to follow any occupation by which he is not under any contract of service to any particular person, shall obtain a permit from a duly authorised Municipal Officer, or if such District is not within any Municipality, then from the Resident Magistrate thereof, which shall entitle him to have his Passport registered accordingly.
(2) Such Passport shall be registered as if the person on whose permit it was issued were the employer and the fee upon such registration and the monthly fees thereon payable under this Section shall be paid by such Native.
9. A labour contract or agreement with any Native shall not, unless with the special sanction of the Commissioner for Native Affairs, extend beyond one year, which shall consist of not less than 313 working days, after which it may be renewed by endorsement upon his passport, but the yearly contract shall not
be deemed to have expired, unless the Native shall have actually worked for such 313 days.
10. (1) Upon termination of such Contract, as is referred to in the last preceding regulation, the employe shall be entitled, unless such Contract be renewed or a new Contract made by him, to demand from his employer endorsement of his passport to return home.
(2) The renewal of a contract or the making of a new one shall be endorsed on the passport, and the terms and particulars thereof registered at the Pass Office of the District in which such contract is to be performed.
11. Any Native who upon the termination of his contract of service desires time to seek another employer may be allowed six days for that purpose, duriug which period he shall return every night to the Pass Office of the District in which he is seeking work, and the provisions of Regulation No. 5 shall apply to such Native.
12. Any Native who while under contract of service to one employer shall knowingly enter the service of another employer, shall on conviction be liable to a fine not exceeding ten pounds and in default of payment to imprisoment, with or without hard labour, for a term not exceeding three months; and any employer who knowingly engages and takes into his service a Native, while the latter is still bound by a contract of service to another employer, shall on conviction be liable to a fine of fifty pounds, and in default of payment, to imprisenment with or without hard labour, for a term not exceeding six months.
14. Upon the death or desertion of any Native, the person in whose employ he was at the time he died or deserted, shall as soon as possible report such fact for registration to the Pass Office at which his passport was registered.
At every Office at which Passports are registered (hereinafter referred to a Registry Office), a book shall be kept for the registering of Native deaths.
16. Every employer of more than twenty Native labourers shall be required to keep for each month a correct account according to a form (to be had at every Registry Office), showing during each month
Proc. No. 37 of 1901.
(a) Number of Natives employed by him.
(b) Number of contracts with Natives made by him which have expired.
(c) Number of new contracts with Natives made by him.
(d) Number of deaths and desertions of Natives employed by him.
Procedure upon mination of contract.
A copy of these particulars shall, within ten days after the end of each month, be sent to the said Registry Office.
Such account as aforesaid shall be open for inspection by any authorised Government official.
13. Any Native who shall be guilty of desertion, or shall leave the service of his employer with intent to desert before the term of his contract of service term of contract. with such employer shall have expired shall be liable to a fine not exceeding ten pounds, and in default of payment, to imprisonment, with or without hard labour, for a term not exceeding three months; and after having satisfied the sentence imposed on him, he shall, if his employer so desire, be ordered to return treated after punishto work and to complete the term of his contract.
Deserter how to be
Natives seeking new contracts.
Employers not to engage Natives already
15. Any Native who has lost his Passport may apply for a new one, which shall be supplied upon payment of a fee of one shilling, provided the dure. Pass Officer to whom application is made is satisfied of the identity and bonâ fides of the applicant.
If the loss of the Passport be due to the employer, the latter shall pay the aforesaid fee.
Returning pass in case of desertion or casualty.
Record of casualties.
Lost passes proce
Employers with over 20 labourers to be registered.
17. Any employer in a Labour District having work to be done in another Transfer of natives Labour District, and wishing to transfer natives in his service to that district from one district to temporarily, shall apply in writing to, and obtain permission from, the officer at another. the Registry office attaching to his application a list in duplicate of the names of
such Natives and the numbers of their Passports.
On obtaining the necessary permission he shall forward one list to the Penalties. Registry Office in the District to which such Natives are transferred.