Proceedings at the Meeting of Members of the Transkei Legislative Assembly held on 6th, 9th and 11th December, 1963 for the purpose of Electing Office Bearers, Etc.

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Minutes of Proceedings

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GPD Stacks ( LC ) GPD

DT 1719 .T736 1964

BLS DEPT A

TRANSKEI

LEGISLATIVE ASSEMBLY

. , 1963 Debates

PROCEEDINGS

AT THE

Meeting

of Members

OF THE

TRANSKEI

LEGISLATIVE

ASSEMBLY

HELD ON

6th ,

9th

and

11th DECEMBER ,

1963

FOR THE PURPOSE OF

Electing

Office

Bearers ,

Etc. *********

TERRITORIAL PRINTERS

NOV1 3 1969 LIBRARY **************************

UMTATA.

1964

session

Lie . M

first

se

*************

INDIANA UNIVERSITY

TRANSKEI

LEGISLATIVE ASSEMBLY

PROCEEDINGS

AT THE

Meeting

of Members

OF THE

TRANSKEI

LEGISLATIVE

ASSEMBLY

HELD ON

6th ,

9th

and

11th DECEMBER,

1963

FOR THE PURPOSE OF

Electing

Office

Bearers,

Etc.

TERRITORIAL PRINTERS UMTATA. 1964

CONTENTS

GENERAL

Minutes of Proceedings ---Report of Proceedings at Session (Index below) ....

1-6 3-15

INDEX OF PROCEEDINGS A

a Abraham, Mr. J. H., His Honour the Commissioner-General (Xhosa National Unit) : Address by Address by His Honour the Commissioner-General (Xhosa National Unit ) , Mr. J. H. Abraham Address by Mr. C. B. Young, Secretary for Bantu Administration tion and Development Address by the Honourable the Minister for Bantu Administration and Development, Mr. M. D. C. de Wet Nel

1,15

1,15 1, 15

2, 12

C

1,5 1,4 1,7

Chairman, Deputy : Election of Chairman : Election of Chief Minister : Election of

D Death of the Honourable Chief Douglas Ngcongolo Deputy Chairman : Election of de Wet Nel, Mr. M. D. C. , the Honourable the Minister for Bantu Administration and Development : Address by

1, 4 1,5

2,12

E Election Election Election Election

of of of of

Chairman Chief Minister Deputy Chairman .... Ministers

1,4 1,7 1,5 2, 10

.... M .... ---- .... ----

1,4 1,7 2, 10

Ngcongolo, Honourable Chief Douglas : Death of .... .... .... ....

1,4

Members : Swearing in of .... .... .... ---Minister, Chief : Election of Ministers Election of

....

N

S

1,4

Swearing in of Members Y Young, Mr. C. B., Secretary for Bantu Administration and Development : Address by

1,6

Transkei

MINUTES

Legislative

OF

PROCEEDINGS

Friday, 6th

Prayers are read. Notice convoking the Transkei Legislative Assembly is read . Letter appointing the Acting Chairman of the Transkei Legislative Assembly is read. The roll call is read. 1. Death of the Honourable Chief Douglas Ngcongolo. The Acting Chairman advises the Assembly of the death of the Honourable Chief Douglas Ngcongolo, Head of the Fingo Regional Authority. The members stand in silence as a mark of respect.

December,

The Honourable Mr. C. Diko, seconded by the Honourable Mr. A. L. Luwaca moves :-"That in order to afford members voting in secrecy when the Chief Minister is elected a special table should be placed in the centre of the Chamber." The motion is carried without discussion. The Assembly adjourns until 2.15 p.m. AFTERNOON SITTING.

The Acting Chairman, on behalf of the Assembly, expresses appreciation of Mr. Justice A. G. Jennett's assistance. 3. Election of Chairman.

The Assembly resumes at 2.15 p.m. The ballot for the seat of the Deputy Chairman takes place. The Honourable Chief P. Jozana is elected Deputy Chairman of the Assembly with 53 votes as against 49 votes cast in favour of the Honourable Mr. W. Madikizela and two spoilt papers.

in

The Acting Chairman calls for nominations for the seat of the Chairman. The Honourable Mr. G. M. M. Matanzima proposes the name of the Honourable Mr. G. Dana. The Honourable Mr. M. Salakupatwa seconds. The Honourable Chief S. S. Majeke proposes the name of the Honourable Mr. J. N. Busakwe. The Honourable Chief V. Gwebindlala seconds the second proposal . The Honourable Mr. K. M. Guzana suggests that in the event of there being a member who is unable to signify his vote the Assistant Secretary be assisted by another person in assisting such member in casting his vote. The Honourable Mr. B. S. Rajuili moves :-" Tha in the event of there being a member who requires assistance in voting, the Assistant Secretary be assisted by another person in helping such member." The Honourable Mr. G. M. M. Matanzima seconds. The motion is carried. The nominations are closed. The Assembly is adjourned in order to have the ballot papers prepared. The Assembly resumes. Ballot papers are distributed. The Acting Chairman explains the procedure in connection with the ballot. Messrs. W. V. R. Daweti and P. Bolofo are sworn before the Acting Chairman for the purpose of assisting any member who is unable to cast his vote. The Honourable Mr. Joel Ndabankulu Busakwe is duly elected Chairman with 56 votes as against 49 votes cast for the Honourable Mr. G. Dana, The Honourable Mr. J. N. Busakwe is escorted to the Chair and he thereafter expresses appreciation to the members for the honour conferred upon him. 4.

1963

The Honourable Mr. C. S. Mda, seconded by the Honourable Chief H. Magadla, proposes the name of the Honourable Mr. Walter Madikizela. On a motion by the Honourable Mr. K. M. Guzana, seconded by the Honourable Mr. L. Majija, nominations are closed .

2. Swearing in of Members. The members are sworn in before Mr. Justice A. G. Jennett, Judge President of the Eastern Cape Division of the Supreme Court of South Africa.

The Acting Chairman explains the procedure connection with the election of the Chairman.

Assembly

Election of Deputy Chairman.

The Chairman calls for nominations for the seat of Deputy Chairman. The Honourable Chief Justice Mtirara, seconded by the Honourable Mr. A. D. Mfebe, proposes the name of the Honourable Chief Petros Jozana.

5.

Address by His Honour the Commissioner-General (Xhosa National Unit) , Mr. J. H. Abraham.

His Honour the Commissioner-General (Xhosa National Unit) Mr. J. H. Abraham addresses the Assembly on the subject of chairmanship and thereafter gowns the Chairman, the Deputy Chairman, the Secretary, and the Assistant Secretary. 6.

Address by Mr. C. B. Young, Secretary for Bantu Administration and Development.

Mr. C. B. Young, Secretary for Bantu Administration and Development addresses the Assembly and, on behalf of the Republican Government, presents to the Assembly, a Mace, the symbolic meaning of which he explains. 7. Election of Chief Minister. The Honourable Mr. H. T. Bubu, seconded by the Honourable Mr. B. S. Rajuili, moves :—" That in order to promote utmost secrecy relating to the election of the Chief Minister arrangements be made for voting in such a way that ballot papers are handed to each member as and when he approaches the voting booth.” The motion is adopted without discussion. At the request of the members, the European officials leave the Chamber. The Secretary reads sections 12 and 13 of the Transkei Constitution Act relating to the election of the Chief Minister. The Chairman advises members that Paramount Chief Victor Poto and Chief K. D. Matanzima have been nominated for the office of Chief Minister. The Honourable Chief D. D. P. Ndamase moves :" That the two candidates for the seat of the Chief Minister be each allowed to watch the counting of the ballot, or their representatives, and also in the case where members have to be assisted in casting their votes." The Honourable Chief T. N. Ndamase seconds. The motion is adopted. The ballot for the seat of Chief Minister takes place. The Honourable Mr. K. M. Guzana, seconded by the Honourable Mr. G. M. M. Matanzima, moves :-'" That the Assembly sit later than 5 p.m. for the purpose of the disposal of the day's business." The motion is adopted without discussion.

2 The Honourable Mr. K. M. Guzana moves :-'" That members should remain in the Chamber until the ballot for Chief Minister has been completed." The Honourable Mr. C. Diko seconds. The motion is adopted without discussion. The Honourable Chief K. D. Matanzima is elected Chief Minister with 54 votes as against 49 votes cast in favour of the Honourable Paramount Chief Victor Poto, with 2 spoilt papers. The Honourable Chief K. D. Matanzima, the Chief Minister, addresses the Assembly. The Assembly adjourns until 10.30 a.m. on Monday, 9th December, 1963.

MONDAY, 9th DECEMBER, 1963.

Prayers are read. The Honourable Chief Ngangomhlaba Mtirara is sworn in before the Chairman. The minutes of the last sitting are, after amendment, taken as read and confirmed. The Chairman requests members to raise their voices when addressing the House, especially those who speak in English, for the convenience of the stenographer. The Chairman draws the attention of the members to paragraph 157 of the Rules of Procedure to the effect that officials who have duties to perform in connection with the business of the Assembly are not strangers and may therefore be present in their special bays even if the Assembly is in closed session. The Chairman announces that the Honourable the Minister for Bantu Administration and Development, Mr. M. D. C. de Wet Nel, will unveil the memorial tablet at 4 p.m. and requests all members to attend. 8.

The Honourable Mr. K. M. Guzana seconds the motion. The motion is adopted without discussion. The amendment that the sitting should be conducted behind closed doors is adopted by 52 votes to 45. The Chairman calls for nominations. The following honourable members are nominated:Mr. W. C. Singata, Chief J. D. Moshesh, Mr. B. B. Mdledle, Mr. C. Madikizela, Mr. G. M. M. Matanzima, Mr. M. S. Mvusi. The Assembly adjourns in order to have ballot papers prepared. The Assembly resumes. The ballot takes place. The following honourable members are declared duly elected as ministers :-Messrs. C. Madikizela, G. Matanzima, Chief J. Moshesh, Messrs. S. Mvusi with 56 votes each and Mr. B. B. Mdledle with 55 votes, with three spoilt papers and 45 abstentions. The Chairman reminds members of the unveiling of the memorial tablet at 4 p.m. The Chairman calls upon the Honourable Paramount Chief V. Poto to address the Assembly in order to meet a request made by the Honourable Mr. K. M. Guzana earlier in the day. In meeting this request, the Chairman indicates that this should not be regarded as a precedent. The Honourable Paramount Chief V. Poto addresses the Assembly. The Assembly adjourns until 9.30 a.m. on Wednesday, 11th December, 1963.

Election of Ministers.

The Chairman announces that the next business of the House is the election of five other ministers. The Secretary reads section 14 of the Transkei Constitution Act relating to the procedure to be followed in connection with the election of the ministers. The Honourable Mr. B. S. Rajuili moves :-" That unless it be in accordance with the Constitution of this House that this be a closed session , this session be an open session." The Honourable Chief S. S. Majeke seconds. The Honourable Mr. G. M. M. Matanzima moves, as an amendment :-" That the election of the ministers be conducted in closed doors." The Honourable Chief P. Jozana seconds the amendment. The Honourable the Chief Minister, Chief K. D. Matanzima moves :- " That the Honourable Chiefs S. S. Majeke and P. Jozana be tellers on one side of the chamber and the Honourable Chief D. D. P. Ndamase and the Honourable Mr. G. M. M. Matanzima be tellers on the other.

WEDNESDAY, 11th DECEMBER, 1969. Prayers are read. Notice convoking the Legislative Assembly is read. The Ministers are sworn in before the Chairman. 9.

Address by the Honourable the Minister for Bantu Administration and Development, Mr. M. D. C. de Wet Nel.

The Honourable the Minister for Bantu Administration and Development, Mr. M. D. C. de Wet Nel addresses and opens the Transkei Legislative Assembly. The Honourable the Chief Minister Chief K. D. Matanzima, on behalf of the Assembly, expresses appreciation of the Honourable the Minister for Bantu Administration and Development, Mr. M. D. C. de Wet Nel's address. The Chairman reminds members of the festival activities commencing at 2 p.m. and that the Cabinet will meet after adjournment. The Assembly is adjourned until further notice.

3

3

TRANSKEI

Friday, 6th December, 1963.

LEGISLATIVE

PROCEEDINGS AT THE MEETING OF

ASSEMBLY

THE MEMBERS OF THE TRANSKEI

LEGISLATIVE ASSEMBLY FOR THE PURPOSE OF ELECTING OFFICE- BEARERS , Etc. The session opened in the Transkei Legislative Assembly Chamber, Umtata, at 10.30 a.m. on

Mr. Skampule Campbell Mnyila, Mr. Orlando Ogilvie Mpondo, Mr. Silberbauer Nimrod Zokwe.

FRIDAY, 6th DECEMBER, 1963, with the Secretary, Mr. L. H. D. Mbuli, in the chair. Prayers were read. The Acting Chairman, Mr. Mbuli, read the notice convoking the Assembly.

ACTING CHAIRMAN : I shall read now a letter from the Minister of Bantu Administration and Development which explains my position to-day : “ Under and by virtue of the powers vested in me by sub-section 4, Section 35 of the Transkei Constitution Act of 1963 (Act No. 48 of 1963 ) , I , M. D. C. de Wet Nel, Minister of Bantu Administration and Development, hereby designate L. H. D. Mbuli to preside at the first session of the Transkei Legislative Assembly on the 6th day of December, 1963, until a Chairman is elected." The roll was called. Members of Transkei Legislative Assembly in Attendance. Dalindyebo :

Paramount Chief Sabata Dalindyebo, Chief Justice Mtirara, Chief Ngangomhlaba Mtirara, Chief Johnson Jumba, Chief Sitembile Mgudĺwa, Chief Dalingozi Gwebindlala, Chief Jongulwandle Dumalisile, Chief Ndlelalula Vulumhlaba Mrazuli, Chief Bazindlovu Holomisa, Chief Mgcawezulu Mtirara, Chief Dubulingqanga Tyelinzima, Mr. Mzimkulu Knowledge Guzana, Mr. Godini Gordon Kutu, Mr. Zilingwenya Wilson Lufefeni, Mr. Zinyusile Lewis Majija, Mr. Jackson Balisile Nkosiyane, Mr. Madangatye Albert Raziya, Mr. Gebenga Arthur Sasa.

Gcaleka : Paramount Chief Zwelidumile Sigcau , Chief Mzikayise Xolilizwe Sigcau, Chief Zwelenqaba Gwebindlala, Chief Adolphus Bungane Sigidi, Chief Qamarana Zenzile, Mr. Ndabankulu Joel Busakwe, Mr. Vulindawo Gwebindlala, Mr. Jekem Richard Malgas, Mr. Goodman Mnyango, Mr. Paulos Mqikela, Mr. Mlingo Salakupatwa, Mr. Punguzulu Samson Sigcau.

Maluti : Chief Neo Sibi, Chief Jeremiah Moshesh, Chief Hlomendlini Magadla, Chief Frederick Sahlulo Lupindo, Chief Wilson Ludidi , Chief Solomon Majeoa Lebenya, Chief Marshall Lehana, Chief Frank Zibi, Mr. Bunga Enock Mhlahlo, Mr. Benjamin Sepirane Rajuili, Mr. Mangqukele Shadrack Sinaba, Mr. Nkwenkwezi Harold Humphrey Zibi . Nyanda : Paramount Chief Victor Poto, Chief Tutor Nyangilizwe Ndamase, Chief Douglas Dywabasini Prince Ndamase, Chief Ferguson Gwadiso, Mr. Lizo Arthur Luwaca, Mr. Tolikana Mangala, Mr. Clifford Madlavana Ndamase, Mr. Walter Candulwandle Singata. Qaukeni :

Emboland : Chief Strachan Wabana Makaula , Chief Ngayibeki Nomtsheketshe, Chief Sandy S. Majeke, Chief Charles Manzodidi Ludidi, Chief Sophonia Moshesh, Chief Isaac Matiwane, Chief Dilizintaba Mditshwa, Chief Ebenezer Mabandla, Mr. Martin Hobden Canca, Mr. Gotgot Nathan Jafta, Mr. Zwelibanzi Maneli Mabandla, Mr. Jonathan Mehlwana Sineke, Miss Lillian Twetwa.

Emigrant Tembuland : Chief Kaizer Daliwonga Matanzima, Chief Kaulele Malapo Mgudlwa, Chief Zwelibanzi Velile Ndarala, Chief Tambekile Matanzima, Chief Daluhlanga Gecelo, Chief Jamangile Stokwe, Mr. George Mzimvubu Mhlobo Matanzima, Mr. Bennett Beste Mdledle, Mr. Arthur Mlungisi Mfebe, Mr. Robert Betram Msengana.

Fingo : Chief Irvine Vulindlela Nkwenkwezi, Chief Havington Zandisile Zulu, Dr. Pakamile Hornabrook Bala,

Paramount Chief Botha Manzolwandle Sigcau, Chief Mbungwe Langasiki, Chief Makosonke Sigcau, Chief Jongilizwe Ntola, Chief Gangata Baleni, Chief Xakatile Mlindazwe , Chief Sigixana Langa, Chief Nelson Sigcau, Chief Mdabuka Mqikela, Chief Stanford Sigcau, Chief Sigwebo Mhlanga, Chief Kaiser Gaulibaso Jojo, Chief Mzauteti Diko, Chief Ngadlela Siyoyo, Chief Madlanya Tantsi, Mr. Tamsanqa Hornabrook Bubu, Mr. Gordon Dana, Mr. Cromwell Diko, Mr. Columbus Madikizela, Mr. Mkatali Walter Madikizela, Mr. Sizakele Caledon Mda, Mr. Citibunga Nicodemus Nogcantsi, Mr. Kholisile Gordon Nota. Umzimkulu :

Chief Morris Msingapantsi, Chief Ngqange Setuse, Chief Tshayizandla Baka, Chief Petros Jozana, Mr. Zebulon Chemane, Mr. Matanda Selby Mvusi,

Friday, 6th December, 1963. Minute No. 1 : Death of the Honourable Chief Douglas Ngcongolo. ACTING CHAIRMAN : It is with great regret that I have to announce the demise of one of the members of this Assembly-Chief Douglas Ngcongolo, head of the Fingo Regional Authority. I understand that he died after a short illness at Butterworth. His funeral will take place on Sunday at 2.30 p.m. As a mark of respect I shall ask the House to rise for a few seconds. The members stood in silence as a mark of respect. Minute No. 2 : Swearing in of Members. ACTING CHAIRMAN : We are greatly honoured this morning in having with us the Judge-President of the Eastern Cape Division of the Supreme Court of South Africa, Mr. Justice A. G. Jennett, who has kindly agreed to administer the oath to the members of this House. I have great pleasure in calling upon the Judge-President to come forward to administer the oath , The members will come forward to take the oath in the order in which their names are called. The members took the oath prescribed by section 33 of the Transkei Constitution Act before the JudgePresident. ACTING CHAIRMAN : On behalf of the House I thank you, Sir, very much. You must not be tired even tomorrow. Minute No. 3 : Election of Chairman. ACTING CHAIRMAN : Our next business is the election of the Chairman of the House and the following procedure will be adopted in the election : A member having first ascertained that the person to be proposed is willing to serve if elected, may propose any member of the Assembly then present as Chairman of the Assembly. Such proposal requires There seconding but no debate shall be allowed. shall be no limit to the number of candidates who may be proposed and seconded, but no member who has already proposed or seconded a candidate may propose or second another candidate, and no member may propose or second his own candidature. The following procedure will be adopted if there is a ballot : If more than one member be proposed as Chairman, a ballot shall be held in accordance with the following procedure : (a) There shall be a short adjournment for the preparation of ballot papers after which the Secretary shall hand each member present a ballot paper having a secret official mark on the reverse side thereof, (b) Every member shall thereupon signify the candidate for whom he desires to vote by placing a cross opposite the name of such candidate. (c) The Secretary shall then call the names of all the members and each member may, when his name is called, come to the table and drop his ballot paper into a ballot box on the table. (You will notice that the word used here is "" may." It is not obligatory, but he may vote if he wishes.) (d) When all members who wish to vote have done so the Secretary shall, in the presence of the Assembly, examine the ballot papers with the assistance of the Assistant Secretary and report the result of the ballot. (e) The Secretary shall declare the candidate receiving more votes than any other candidate as the duly elected Chairman. (f) If two or more candidates receive the same number of votes and that number of votes exceeds the number of votes received by any other candidate a second ballot shall be taken in the manner prescribed in sub-paragraphs ( a) to (c ) , but votes shall be cast only for one or other of the candidates who received an equal number of votes. (g) If upon the holding of the second ballot referred to in sub-paragraph ( f) , two or more members receive an equal number of votes, a further ballot shall be held and if two or more members again receive an equal number of votes the election shall be decided by lot. (h) A member shall not drop into the ballot box a ballot paper which is not his own.

4 (i) A member who arrives after the names of the members have been called shall not be entitled to vote . If only one member is proposed and seconded as Chairman he shall be declared elected and conducted to the Chair by his proposer and seconder. If the Secretary is satisfied that a ballot paper does not comply with the provisions of rule 8 he may reject it and proceed with the election or declare the ballot paper or the whole election void, ordering the proceedings for the ballot or the whole election to be begun afresh. If the Secretary is satisfied that the provisions of paragraphs 8 to 11 of these rules have not been, or are not being, carried out properly in any other respect he may declare a particular ballot or the whole election void, ordering the proceedings for the ballot or the whole election to be begun afresh. In the event of there being a member who is unable to complete the ballot paper the Assistant Secretary, Mr. Daweti, will be duly sworn in in order to assist such member. I may mention that there is no provision in the regulations in regard to this aspect. This is a presumption that there may be some members who may require assistance. At this stage I shall call for proposals for the seat of the Chairman. HON. MR. G. M. MATANZIMA : Mr. Chairman , dignitaries and members of the Legislative Assembly, I have the honour to propose the name of the Honourable Mr. Gordon Dana of the Qaukeni Regional Authority. HON. MR. M. SALAKUPATWA : Mr. Chairman, I second. HON. CHIEF S. S. MAJEKE : I wish to propose the name of the Honourable Mr. J. N. Busakwe. Hon. Chief V. GWEBINDLALA : I second, Mr. Chairman. HON. MR. K. M. GUZANA : Mr. Chairman, I rise on a point to which you made reference and stated that it was not provided for. You indicated that there is a provision to cover the eventuality of a member being unable to signify his vote on the ballot paper and you said that the Assistant Secretary would be sworn to secrecy in order to assist such member. Would you welcome the suggestion that there should be some other person to assist the Assistant Secretary in that duty ? ACTING CHAIRMAN : May I ask the Honourable Member whether he suggests that the second person should be a member of this House or an outsider ? HON. MR. GUZANA : Mr. Chairman and honourable members, I leave that to you. If you accept the principle I think we will accept anybody whom you may appoint.

HON. CHIEF P. JOZANA : Mr. Chairman, with all due respect, that matter does not concern you. It is a matter that should be decided by us. If I were to express my personal opinion , we are satisfied with the Assistant Secretary because we know him and we have no reason to distrust him. ACTING CHAIRMAN : Before you discuss the matter further, I would like to explain that the matter lies in the hands of this Assembly. Whilst I am acting Chairman I cannot force my views down the throats of the members. This was merely a suggestion on our part, in the eventuality of there being a member who cannot sign. Personally I have no objection to the principle of having a second person as witness, but would be happier if I could get a ruling from you . HON. MR. B. RAJUILI : I think there will be matters of great importance taking place. Notwithstanding the confidence we may have in our officer, I would like to make a formal motion that we have more than one person. I think we have had an example in the last elections which were conducted and to make assurance doubly sure we should have more than one person to assist. HON. MR. G. M. MATANZIMA : I wish to associate myself with the motion with this addition, that the second person be not a member of this Assembly. It must be somebody who can be regarded as not an interested person . HON. MR. Z. L. MAJIJA : I wish to support the motion moved by the Honourable Mr. Rajuili that there be more than one witness,

5 ACTING CHAIRMAN : I take it that it is the feeling of the House that there should be more than one person to assist and that it be left in my discretion to select the second person THE HON. MEMBERS : Agreed. The motion was carried. HON. CHIEF M. MSINGAPANTSI : I wish to propose the name of the Honourable Chief K. D. Matanzima. HON. CHIEF K. D. MATANZIMA : I decline, Mr. Chairman. I am afraid my friend did not consult me and I cannot accept. HON. CHIEF MSINGAPANTSI : I withdraw accordingly. HON. MR. GUZANA : I propose that the nominations be closed. HON. MR. MAJIJA : I second. The motion was carried. ACTING CHAIRMAN : The following names have been proposed for election as Chairman of this Assembly : The Hon. Mr. N. J. Busakwe and the Hon. Mr. G. Dana. In terms of our rules of procedure we shall now have a short adjournment to enable us to prepare the ballot papers. The Assembly adjourned. The Assembly resumed, and ballot papers were distributed. ACTING CHAIRMAN : You will notice that on the reverse side of the ballot paper there is a mark. After the member has made his or her mark against the name of the candidate he or she wishes to elect, the paper should be folded as shown so that even the Chairman cannot see what is inside. When the members bring their ballot papers forward this mark must be showing on the outside. To shorten the proceedings I have to administer the oath to the two assistants. Messrs. W. V. R. Daweti and P. Bolofo took an oath of secrecy before the Acting Chairman. ACTING CHAIRMAN : Before we start you will see that this ballot box is empty. If you are ready I shall ask the Assistant Secretary to call the names of the members one by one and each member must bring his or her own ballot paper and place it in the box. Voting was completed and the votes counted. ACTING CHAIRMAN : The total number of votes cast was 105. There are three members who are absent and one who has abstained from voting. The result of the ballot is as follows : The total number of votes cast in favour of Mr. Dana is 49 and for Mr. Busakwe, 56. So I hereby declare Mr. Busakwe as the duly elected Chairman of the Assembly, and I shall accordingly call upon his proposer and seconder to escort him to the Chair. The Hon. Mr. N. J. Busakwe took the Chair. THE CHAIRMAN : Honourable members of the Legislative Assembly, I wish to express my appreciation for what you have done. I have no doubt that you will recall that this is my first appearance in this House. I am just wondering how it came about that you took me into your confidence. I thank you very much. Minute No. 4 : Election of Deputy Chairman. THE CHAIRMAN : Gentlemen, you now have to elect your Deputy Chairman. I therefore call for nominations. HON. CHIEF JUSTICE MTIRARA : Mr. Chairman, I propose the name of the Honourable Chief P. Jozana as the Deputy Chairman, HON. MR. A. MFEBE ; I second. HON. MR. P. MQIKELA : I propose the name of the Honourable Chief S. S. Majeke. HON. CHIEF S. S. MAJEKE : Mr. Chairman, I have not been approached by the proposer. HON. MR. S. C. MDA : Mr. Chairman, I propose the name of the Hon. Mr. M. W. Madikizela. HON, CHIEF H. MAGADLA : I second . HON. MR. K. M. GUZANA : I propose that the nominations be closed. HON. MR. L. MAJIJA : I second.

Friday, 6th December, 1963. THE CHAIRMAN : Members of the Assembly, time is now up • HON. MR. GUZANA : Mr. Chairman, may I rise on a point of procedure ? THE CHAIRMAN : You may. HON. MR. GUZANA : There has been a proposal that the nominations be closed and it has been seconded. I did not hear it being put to the House. THE CHAIRMAN : I now put it to the House. The motion was carried. THE CHAIRMAN : Before we resume our session this afternoon the Secretary will prepare the ballot papers. HON, MR. C. M. DIKO : With your permission, Mr. Chairman, I wish to make this proposal : "That in arder to afford members voting in secrecy when the Chief Minister is elected a special table should be placed in the centre of the Chamber." HON. MR. L. LUWACA : I second, Mr. Chairman. The motion was carried. The Assembly adjourned.

AFTERNOON SESSION. The Assembly resumed at 2.15 p.m. THE CHAIRMAN : You know what the procedure was before lunch. You must mark your ballot papers, fold them and place them in the ballot box. HON. MR. G. M. MATANZIMA : Mr. Chairman, there was a proposal by Mr. Diko in connection with privacy. I wonder if that is not going to be put into effect ? THE CHAIRMAN : If my memory serves me right, I understood the Honourable Mr. Diko to suggest that that system should operate when it comes to the election of the Chief Minister. HON. MR. MATANZIMA : No, Mr. Chairman, he said " especially." MR. MBULI : With your permission, Mr. Chairman, may I explain that proper secret ballot facilities are being arranged for the election of the Chief Minister. When we adjourn before the election of the Chief Minister those facilities will be available. HON. MR. K. M. GUZANA : Mr. Chairman and members, I think we should accept this assurance from the Secretary. The table itself will not necessarily give secrecy and I think his assurance that the utmost secrecy will be secured for the voter should satisfy us at the present moment. THE CHAIRMAN : As you see, a voting booth has been brought in where you can cast your votes in secrecy. Voting was completed and the votes counted. MR. MBULI : Honourable members, this is the result of the ballot : Chief Jozana, 53 votes; the Honourable Mr. Madikizela , 49 votes. There were two spoilt papers. Chief Jozana is therefore duly elected as Deputy Chairman of this House. Minute No. 5 : Address by His Honour the Commissioner-General (Xhosa National Unit), Mr. J. H. Abraham, THE CHAIRMAN : Members of the Legislative Assembly, I would like to introduce to you His Honour the Commissioner-General, Mr. J. H. Abraham, who is with us today. He is going to address you briefly. Please have no fear, as he is not going to make any remarks relating to the elections. I would like to call upon His Honour the CommissionerGeneral to address you at this stage. MR. J. H. ABRAHAM : Mr. Chairman and Honourable Members of this Assembly, on this memorable day I am indeed grateful to be able to participate in the pageantry. We are witnessing the birth of a State. It will be a state based on the best traditions of law and order, justice and democracy. We have just witnessed the official installation of the top administrative officials of the Transkeian Legislative Assembly. They are the people who will be responsible for the orderly conduct of the business of the Assembly, and for upholding the honour and dignity of this Assembly. Those members of the Assembly

Friday, 6th December, 1963. who have been singled out for this outstanding honour by their fellow members must be congratulated on this distinction and I take this opportunity to congratulate them on behalf of the Republican Government, as well as myself. I voice the sentiments of the whole Assembly in congratulating them. I also extend the same congratulations to the Secretary and Deputy Secretary and congratulate them on the way they have conducted the proceedings so far. They have both been top officials of the Transkeian Territorial Authority and their selection to fill these important posts is ample proof of their sterling qualities. These dignitaries of the Assembly do not only execute an important task, but also a very difficult and responsible one. They have to arrange the order of the House, but what is more they have to maintain the order of the House and to preserve the dignity, which is the most difficult of all tasks set them, especially if there are turbulent elements present in the Assembly, as there will invariably be in all parliaments. The virtues of the Chairman must be many but I maintain that the two most outstanding qualities a chairman should have are good judgment of his fellow members and patience, linked with a fine sense of humour. A chairman and, for that reason, also a deputy chairman must be so honourable and dignified in his attitude, as to command their respect. A wrong ruling given by a chairman can create such a sense of frustration with members that they may retaliate by being grossly insubordinate. Once a chairman loses his moral hold over the members, he will fail to restrain them by harsh measures, should they default. A famous editor of the "London Times once described the virtues of a good chairman (or speaker, as is the case in England) as follows : " He must be of imperturbable good temper, tact, patience and urbanity. He must have had previous legal training if possible. He should not have had bitter partisanship in his former career and have innate gentlemanly feelings, which_involuntarily command respect and deference." Sir Erskine May, the great English author on the Rules of Parliament and the duties of the various officials of Parliament, wrote as follows on the Speaker, which in your case can also apply : "The duties of the Speaker are as various as they are important. He presides over the deliberations of the House of Commons and enforces the observance of all the rules for preserving order in the proceedings; he puts the question and declares the determination of the House. As the mouth of the House he communicates its resolutions to others, conveys its thanks and expresses its censure, its reprimands or its admonitions. He is in fact the representative of the House itself, its powers, its proceedings and its dignity." It must therefore be clear to Honourable Members of this Assembly that what is true in the British House of Commons, as well as in many other democratic governments in the world, is also true in the Legislative Assembly of the Transkei. The office of the Chairman and Deputy Chairman is indeed a very exalted one as it represents the Assembly. But it is not only the Chairman and the Deputy Chairman that have very great responsibilities to bear. Every member of this Assembly must co-operate to make the onerous task of the Chairman and Deputy Chairman as light as possible. They must guard with great vigilance over the rights and privileges of the Assembly as a body, as well as that of the members collectively. They can do a great deal towards the smooth and dignified functioning of this body. Let us hope and pray that this Assembly will , under your guidance, be a worthy replica of well-ordered parliaments as they have been known in the Western democracies. There are too many Parliamentary institutions on the African continent that profess to be based on the time-honoured principles of democracy that are poles away from that political system. Hence the outrageous orgies of undisciplined abuse witnessed in them. I have no doubt that the Transkeian Legislative Assembly will be well -behaved and will dispose of its tasks in a responsible and honest way. I wish to add my congratulations to all members who have been elected to this Assembly and wish to express the hope that this Government, which in its structure combines the traditional with the modern, will be a symbol of dedication and efficiency to the whole world. Now it is my honour and privilege to call upon the Chairman, the Deputy Chairman, the Secretary and the Deputy Secretary, to come to the dais to be invested with their robes of office,

6 His Honour the Commissioner -General invested the Chairman, the Deputy Chairman, the Secretary and the Assistant Secretary with their gowns and presented books on Parliamentary procedure in South Africa to the Chairman and the Deputy Chairman. Minute No. 6 : Address by Mr. C. B. Young, Secretary for Bantu Administration and Development. THE CHAIRMAN : I have pleasure in announcing to you that we have with us today Mr. Young, Secretary for Bantu Administration and Development, and I will give him an opportunity to speak to you now. MR. C. B. YOUNG : Mr. Chairman, Paramount Chiefs and elected Members of the Transkei Legislative Assembly, it is a great privilege and honour for me to stand before you on this rostrum here in Umtata. I have on previous occasions stood where I am standing today and had the privilege of addressing various bodies which were your predecessors in office, but it is a special privilege today to stand in this beautifully constructed Assembly room now that I am in the twilight of my service as a Government official. It is a great day for me as Secretary for Bantu Administration and Development to see the stage which has been reached in your development. When one looks around this room one sees many friends and old faces, and a good few new members. The position of this House is a compromise between the traditional form of government and what we might call the Western system of government. There is a golden thread interwoven in the policy of the Government in regard to the Bantu of South Africa. That golden thread is the granting of self-government and selfdetermination to the traditional owners of land such as the Transkei. I use the word " gold " because it is a valuable metal which shines brightly in the light or in the sun, and it is a metal which, when held close to your body, keeps warm. It is for you to see that the value of that precious metal is kept higher and higher. It is for you to see that it is kept polished so that it shines brightly among your people in the Transkei; and it is for you to keep it close to your hearts so that it keeps warm. It is symbolised in the braid of your messengers' uniforms. I feel myself in a unique position here today because my late father before me and I have been associated with the Transkei between us for over 70 years. My father started as a young man in Tsomo and died in Umtata and on my wife's side my wife's father was born at Tsomo and she comes from Hlobo in the Nqamakwe district; so we regard ourselves as children of the Transkei. During that long period I have seen the constitutional growth and development to the stage we have now reached. My experience covers the old local and general council system, the Pondoland General Council, the Transkei General Council , the United Transkeian Territories General Council and the Territorial Authority. As Secretary for Bantu Administration and Development I was closely associated with all the developments leading to self-government in the Transkei . The Chairman of the Territorial Authority and his recess committee members will know that I attended all the meetings which they had with the Honourable the Prime Minister and the Honourable the Minister of Bantu Administration and Development. I was also present when the Bill was piloted through Parliament by the Honourable the Minister of Bantu Administration and Development. I therefore venture to suggest that I am no stranger to you people of the Transkei. Quite a number of people have said that they regard me as an 66 umphakati " of the Xhosa people. It is therefore in this spirit that I wish to congratulate you and to wish you every success in the new status you have reached. I trust that the road upon which you are now setting forth will lead to greater prosperity, happiness and peace for the people of the Transkei. I trust also that you and your people will recognise and appreciate the role played by the European missionaries, traders and administrators in the development of the Transkei and the advancement of its people. Today I wish to say something about the functioning of your new Legislative Assembly. As the Honourable the Commissioner-General has just said. the foundation and corner-stone of your government will be your Legislative Assembly under the guiding hand of your Chairman. It is essential for all the members to strengthen the hands of the Chairman

7 and to assist him to uphold the dignity and authority of the House. If the authority of the Chairman is not maintained a chaotic state of affairs can result. You probably all know that it is the custom and tradition in many democratic countries to recognise and use a mace as a symbol or ensign of the authority of the Chairman or Speaker of their legislative bodies. In England, for example, they use a wooden stag ornamented with gold leaf and surmounted by a crown. This is always placed as a symbol of royal authority on the Treasury Table in the House of Commons during each session of that body. In the American House of Representatives a plain staff with an eagle surmounted upon it stands in a marble pedestal on the right hand of the Speaker. In our own Legislative Assembly in Cape Town is the beautifully ornamented golden mace and it rests on a holder in front of the Speaker's chair when the House is in session. It is therefore a great honour for me today to present on behalf of the Government of the Republic of South Africa a mace to this newly constituted Assembly, as a symbol of the authority of the Chairman. Before handing over this mace to the Sergeant-at-Arms I would like shortly to explain what it symbolises. The head of the mace is in the form of a basket made out of black stinkwood. It is, as the interpreter said, an " ingobozi basket, in other words a basket where mealies are usually stored. It symbolises the people being held together as one united body. On top of the basket are nine ivory rings held together by one golden ring. These ivory rings are similar to the 66 imixhaka " worn by paramount chiefs. These rings therefore symbolise the traditional tribal government of the Bantu aristocracy . The basket itself rests in a shrine of mealie cobs. This symbolises productivity and abundance and prosperity. Below the ornamental golden threads is a bronze cylinder and on this the words " Imbumba Yamanyama are engraved. These words are known to every Xhosa and are intended to signify the unity of the Xhosa people. Those words are inscribed there and below the bronze cylinder are nine bronze rings. These are the nine regional authorities representing the nine tribal groups of the Transkei . The names are printed in alphabetical order- Dalindyebo, Emboland, Emigrant Tembuland, Fingo, Gcaleka, Maluti, Nyanda, Qaukeni and Umzimkulu . Below these rings is an ornamental piece of brass cylinder and gold wire. I will now call upon the Sergeant-at-Arms, Mr. Mkatini, to_come forward to receive the mace and to place it in its holder. You will notice that provision has been made for the mace to be in an upright position when the House is in session, but when the House is in committee it will be in a horizontal position . Mr. Chairman, I trust that the members of the Assembly will always respect this symbol of your authority. I will now withdraw with the wish that you have a future of productive endeavour and that your efforts may contribute towards a Transkei of constructive development, happiness and prosperity. I will just close by saying to the interpreter : Do not be tired even tomorrow. Minute No. 7 : Election of Chief Minister. THE CHAIRMAN : Members of the Assembly, we shall now adjourn for a few minutes in preparation for the election of the Chief Minister. This election is going to be secret and that means that there will be no members of the public allowed in the gallery. I shall only allow members of the Assembly to be present. The Assembly adjourned. The Assembly resumed. THE CHAIRMAN : Our purpose now is to elect the Chief Minister and before doing so the Secretary will read Sections 12 and 13 of the Transkei Constitution Act. HON. MR. K. M. GUZANA : Mr. Chairman and members of the House, I think it was unfortunate that when we adjourned the members were not told at what time they were to reassemble. The result is that some of the seats are vacant. Would it be possible to send one of the messengers to call the members who are not here ? THE CHAIRMAN : Yes. HON. CHIEF H. MAGADLA : Mr. Chairman, I would like to know whether I would be allowed to make a few comments relating to the address made by the Secretary for Bantu Administration and Development ?

Friday, 6th December, 1963. THE CHAIRMAN : I am afraid I cannot give you that opportunity because the matter before the House is the election of the Chief Minister. Perhaps in course of time you may be afforded the opportunity of making your comments. HON. CHIEF MAGADLA : I thank you, Sir. HON. MR. H. T. BUBU : Mr. Chairman, in order to assist in the process of election and also with a view to promoting the possible success of our work, I have a point which I wish to raise in connection with the voting. It is really intended to further what the Honourable Mr. Diko at one stage pointed out. He emphasised the utmost importance of secrecy. In order further to step that up I wish to mention that I have noted that up to now the practice has been to distribute papers among the members of the Assembly as they sit at their seats. I may mention that if the utmost secrecy is to be achieved it is necessary that we should follow strictly the lines laid down in the elections at home. In this connection I wish to move :-" That in order to promote utmost secrecy relating to the election of the Chief Minister arrangements for voting in such a way that ballot papers are handed to each member as and when he approaches the voting booth." I think that will eliminate any possibility of doubt regarding the sanctity of the voting. As I am called upon to go and vote I proceed straight to the voting box and an officer appointed beforehand by you, Sir, stands by and hands me the ballot paper . First I vote and then proceed to throw the paper into the ballot box. I think that will assist secrecy considerably, Mr. Chairman. HON. MR. B. S. RAJUILI : I second, Mr. Chairman. HON. CHIEF P. JOZANA : Mr. Chairman, I would like to see how this motion is framed. Will the Honourable Member write it down so that we may scrutinise it ? HON. MR. C. N. DIKO : Mr. Chairman, please bear with us because we are new to this institution. I think before we adjourned you had given an instruction that only the members of this Assembly should return to this House. I should like to know whether the four gentlemen on your right were sworn in because as far as I remember I did not see them being sworn in. I am wondering whether they are qualified to return to this House at this stage ? HON. MR. N. NOGCANTSI : At this stage, may I ask these four gentlemen through you, Mr. Chairman, to leave the House so that we may carry out the elections in their absence ? HON. MR. L. MAJIJA : I second the last speaker. HON. MR. S. C. MNYILA : These are the Government officials whose integrity is beyond reproach. As they are seated there they do not expect us to molest them in any way. They are aware that they are superior to us. When we read the Press we gather that these gentlemen have come here to guide us. I would like to make a special appeal to them that they must not take offence at all at this request that they should vacate their seats. If there should be any difficulties during their absence they will be summoned. They must not be disappointed. I wish to impress upon their minds that we are doing this with all due respect. They must also bear in mind that this request comes from people who respect them. In case they may overlook this request, or delay, someone else who would like them to be present might stand up and that might lead to a long debate . It has been repeatedly said that strict secrecy should be maintained when elections are taking place. Even at our polling stations at home the doors were closed when the elections took place. We humbly request them to leave the House but hope they will not take offence at this request. HON. CHIEF N. SIYOYO : I should like to wind up this discussion but with all due respect. We have made this humble request with all due respect. We are by no means chasing them away or insulting them in any way. We are making this request because we want to dispose of the matter before this House, a matter which concerns us personally. HON. CHIEF MAKOSONKE SIGCAU : I should like to know whether there is provision in the Constitution for the expulsion of the Government officials ? If there is no such provision , why should they leave ? HON. CHIEF I. MATIWANE : I am a bit confused, Mr. Chairman, because some speakers address them-

Friday, 6th December, 1963.

8

selves to you and some address themselves to the officials. We submit that we need your guidance. You are the only one who should guide us. HON. CHIEF M. SIGCAU : Mr. Chairman, you have not replied to my question. I should like to know if there is provision in the Act which lays down that the officials should be asked to leave ? If there is no such provision, why should they leave the Chamber ?

gets 29. "B" and "C" together have recorded more votes than "A," so "A" could not be said to have recorded more votes than have been cast. In that case we would have to eliminate the one with the least number of votes and there will be a straight fight between "A" and " B." That is what is meant by saying that the candidate with a majority of all the votes cast will be elected, but of course if there are only two candidates it is a straight fight and the one with more votes will be duly elected . Mr. Chairman, I have here the prescribed forms for nomination. As you heard when I read the law in connection with the election of the Chief Minister, nominations are to be on the prescribed form, not orally. I think I should explain too that a member is entitled to one vote and no more. I have these forms and I do not know how many members wish to avail themselves of the opportunity of nominating. THE CHAIRMAN : I now call for formal nomination for the post of Chief Minister. HON. MR. B. RAJUILI : Mr. Chairman and Members of the House, I beg to nominate Paramount Chief Victor Poto. THE CHAIRMAN : Put it in writing. HON. MR. RAJUILI : I have it in writing. I thought you wanted a formal nomination. HON. MR. K. M. GUZANA : Mr. Chairman, I thought the purpose of these nomination forms was that they should be completed by the respective parties, handed to you and then you should read out the nominations. I think that is the right procedure, if you will allow me to assist, Mr. Chairman. Nomination forms were handed in. HON. MR. RAJUILI : I propose the closing of nominations. MR. MBULI : Mr. Chairman, I do not think that is quite in order. There is no limit to the number of candidates allowed. HON. MR. GUZANA : I think the reason why we are allowed to nominate any number is that we will decide also how many to nominate. THE CHAIRMAN : Gentlemen, I have two names here who are being proposed as Chief Minister. They are Paramount Chief Victor Poto and Chief Kaiser Daliwonga Matanzima. HON. CHIEF S. S. MAJEKE : Mr. Chairman, we would like to know the movers of those nominations. MR. MBULI : The proposer of Paramount Chief Victor Poto is the Honourable Mr. B. Rajuili .... HON. MR. GUZANA : Mr. Chairman, I think we are defeating the purpose of these papers. If there is any irregularity in those nominations, the Chairman, through his Secretary, will advise the Assembly. If there is no irregularity he declares those people automatically nominated, which suggests that the right thing has been done. If honourable members seek to enjoy some secrecy in their voting let us extend that secrecy also to the proposer and seconder.

HON. CHIEF P. JOZANA : Mr. Chairman and members, we are not appearing in this Chamber for the first time. We do not like to be misled. We would like the normal procedure to be followed. The Honourable Member who moved the motion was asked to frame his motion and if he had framed it and brought it to your notice I would long ago have opposed that motion. What are we going to oppose, because there is no motion on the table ? HON. MR. C. DIKO : I am very sorry that you are not holding the reins as you should. Mr. Chairman, I had asked a question as to whether the four gentlemen who are here now were sworn in this morning and whether they are eligible to attend this session seeing that they were not sworn in. I would have expected you to answer that question. It is your silence that has led to this confusion. HON. CHIEF D. D. P. NDAMASE : I personally think that the Chairman is still waiting for the motion which was to have been drawn up by the Honourable Mr. Bubu. I think the Chairman should call upon the Honourable Mr. Bubu to place his motion on the table and that thereafter he should consider the point raised by the Honourable Mr. Nogcantsi. I think the first point that should be cleared up is in regard to the motion raised by Mr. Bubu, the gist of which was that the Chairman must appoint one of his officers to stand by the ballot box and hand a ballot paper to each voter as he goes towards the box. When that motion is disposed of we can deal with the other motion raised by the Honourable Mr. Nogcantsi. I do not see anything objectionable to the point raised by the Honourable Mr. Bubu. Whoever is a fast thinker should accept the suggestion made by him and thereafter we should tackle the motion moved by Mr. Nogcantsi. THE CHAIRMAN : It is quite correct that I asked all persons who were in this Chamber to leave the Chamber, except the members of this Legislative Assembly. With regard to the Government officials who are on my right, it is not within my power to say anything about their presence here. I leave that entirely in your own discretion. If you think that they ought not to be present at this stage, it is for you to say so. You have discussed this matter at length. Will someone move ? HON. MR. BUBU : Mr. Chairman, it is true I put a motion and I should expect it to receive attention before this other matter is dealt with. THE CHAIRMAN : What difference would it make if I start with the motion I put before you ? HON. MR. L. MAJIJA : Mr. Chairman, I do not know why we should waste a lot of time talking about these gentlemen. It has come from the Chair that only the members of the Assembly should remain in this House. This Assembly consists of 109 members. There is nothing in the Constitution to say there should be an additional four members, particularly Europeans. There is no need for any motion to be drawn up and presented before you. We should request them to leave this House. We are asking them to do so at once. The European officials left the Chamber. The motion moved by the Honourable Mr. H. T. Bubu was carried. THE CHAIRMAN : I am now going to proceed with the election of the Chief Minister. I think we have waited long enough. The Secretary will first read sections 12 and 13 of the Transkei Constitution Act, No. 48 of 1963. The Secretary read sections 12 and 13 of the Act.

MR. MBULI : I think I should explain a little further in regard to the nomination of more than two candidates. If there be more than two candidates nominated (say there are three) , the one who will be duly elected will be the one with more votes than the two others. Say "A" gets 50 votes, "B" gets 30 and "C"

MR. MBULI : Mr. Chairman, these two names have been duly nominated in terms of the law and there is no flaw anywhere. I suggest that the Chairman adjourn the Assembly in order to enable us to prepare the ballot papers. The Assembly adjourned for five minutes.

The Assembly resumed, HON. CHIEF D. D. P. NDAMASE : Mr. Chairman, if I am in order I would like to make this requestthat when the counting of the votes takes place the two candidates should be present or that they should be represented by their agents. I am not for one moment suggesting that I anticipate an irregularity. There may be no provision for such an arrangement in the law and I would be extremely sorry if it were thought that I did not trust the Secretary. HON. CHIEF J. MTIRARA : I stand up to oppose that request, Mr. Chairman. HON. CHIEF T. N. NDAMASE : On a point of order, Mr. Chairman, the first speaker had not been seconded . I second him, Mr. Chairman . You will appreciate that among the members are those who cannot make a cross and I think it is desirable that when such cases arise the agents of the two candidates should also be present.

9

THE CHAIRMAN : Before I call upon anyone to oppose this suggestion, I wish to remind you that you had duly appointed two officers to assist those members who cannot make their crosses personally. I do not know how many times we are going to elect such officers in one day. Does anyone object to this request ? HON. CHIEF J. MTIRARA : I stand up to oppose it, Mr. Chairman, on the grounds that we have been following a certain procedure this morning and I do not see any valid reason why there should be a departure from it. We have two officers who have been appointed to help those who cannot make their crosses and I do not see why we should distrust those officers. THE CHAIRMAN : Do I understand the request to say that the candidates should scrutinise the ballot papers or that they should be present when counting takes place ? HON. CHIEF D. D. P. NDAMASE : My request is that the candidates should be present when the counting takes place. HON. MR. G. DANA : During the Transkei Parliamentary elections of 1937 the candidates were Mr. Stewart and Mr. Campbell. When the counting of votes took place they walked up to where the votes were being counted. I wonder if the Honourable Chief Justice Mtirara is aware of that ? The request that has been made by the Honourable Chief D. D. P. Ndamase is quite a common one. THE CHAIRMAN : Do you all agree ? THE HONOURABLE MEMBERS : Agreed . The motion was carried. THE CHAIRMAN : We are now going to proceed with the elections. The Assistant Secretary will read out the names of the voters in their order while the Secretary hands out the ballot papers. HON. CHIEF S. S. MAJEKE : I take it that the Secretary will see to it that there be intervals between the calling of voters so that the person who has voted and the person who is about to vote will not cross the floor. MR. MBULI : On a point of procedure, Mr. Chairman, there is a provision in the regulations in regard to hours of sitting. I wonder if it can be put straight ? I see that the times of sitting, unless otherwise ordered by the Assembly, are from 11 a.m. to 4 p.m. on Fridays. I think to regularise the position the Assembly should move to sit after 4 p.m. HON. MR. K. M. GUZANA : I move accordingly, Mr. Chairman, HON. MR. G. M. MATANZIMA : I second. The motion was carried without discussion. HON. MR. GUZANA : Mr. Chairman, may I request that the members who are voting should not leave the Chamber but should remain seated until the voting is over. HON. MR. C. DIKO : I support that, Mr. Chairman. The motion was carried. The ballot for the seat of Chief Minister was completed. THE CHAIRMAN : At this stage the two candidates may come forward to watch the counting. HON. PARAMOUNT CHIEF VICTOR POTO : Mr. Chairman, I would like the Honourable Mr. Bubu to act on my behalf as my agent. THE CHAIRMAN : Let him come forward. The doors are now open and those who would like to come in may do so. The votes were counted. THE CHAIRMAN : Members of the Assembly, these are the results of the voting : Chief Kaiser Matanzima, 54 votes ; Paramount Chief Victor Poto, 49 votes; spoilt papers, 2; number of votes cast, 105. So your Chief Minister is the Honourable Chief Matanzima, and I now call upon him to say a few words. HON. CHIEF K. D. MATANZIMA : Mr. Chairman, Honourable Paramount Chiefs, Chiefs, Honourable Members of this House of Assembly : The world today knows what the attitude of the Transkei people is towards the future development of the area. The clear verdict between the two diametrically and

Monday, 9th December, 1963. irreconcilably opposed points of view has been given in no uncertain terms. The people of the Transkei have through the ballot box expressed their unqualiMy fied rejection of the policy of multi-racialism. election to the leadership has given no surprise to the people of these Territories as it has been the wish of the majority that a man of the highest integrity, with a desire to uplift the standard of living of the Bantu people, should lead the Transkei. I wish to assure the Bantu people generally that I will view with a broad mind the important task of liberating my people to independence. It will therefore be necessary for me and for those who support me in the policy to keep the relations between the Bantu and European races in South Africa most cordial. That can be done only if the European races in the Territories acknowledge the right claimed by the Bantu to have a share in the management of their My own affairs on the basis of self-development. election as Chief Minister of the Transkei goes into history as a very important event. The world will watch with keen interest the changes that will be brought about as a result of the application of the policy. I have no intention of making any promises to the people of the Transkei. I however wish to assure them that I will apply the policy of the separation of the white people occupying the Transkei from the aborigines of the land as quickly as I can . Racial harmony amongst the tribes of the Transkei will be maintained. Peaceful co-existence of the two racial groups living in South Africa will be observed. I shall aim to achieve a very high standard of living by raising the economy of the country. The education system in the Transkei will receive priority in my Cabinet and I have no doubt we shall do all in our power to meet the wishes of the people we represent. A bright future is assured to the people of these Territories. I wish to take this opportunity to congratulate my colleague, Paramount Chief Victor Poto on the fair way in which he fought the election. I also wish to take the opportunity to express my sincere gratitude to all those who have supported me to the leadership of these Territories. Thank you, Mr. Chairman. The Assembly adjourned until 10.30 a.m. on Monday, 9th December, 1963.

2nd DAY, MONDAY, 9th DECEMBER, 1968. The Assembly resumed at 10.30 a.m. Prayers were read. MR. MBULI : Before we proceed with our business this morning it is one of the rules of procedure that no member shall sit in this Assembly before he has taken the oath. There is, I believe, a member who was not present on the opening day of the session and in the circumstance, before he can take part in the deliberations of this Assembly, he must come forward and take the oath. In terms of the regulations he must be accompanied by two members. That member, I think, is the Honourable Chief Ngangomhlaba Mtirara. Will he please come forward accompanied by two members ? The Honourable Chief N. Mtirara took the oath before the Chairman of the Legislative Assembly. The minutes of the previous day were, after amendment, taken as read and confirmed. THE CHAIRMAN : Honourable Members, I would like to draw your attention to the fact that there are people in this hall who do not speak up and that makes it impossible for the recorder to hear properly, so will you please speak louder, particularly those who speak in English. I want to draw your attention, Honourable Members, to what took place here last Friday. Being a new man to this post, I had not read this provision in the regulations. Will you please turn to page 23, paragraph 157, under the heading " Strangers." It says "a stranger means any person who is not a member or an official who has duties to perform in connection with the business of the Assembly." Will you please therefore keep that in mind. HON. MR. B. RAJUILI : Mr. Chairman, will this body be informed whenever such stranger or strangers are present so the body may know who such people are ?

Monday, 9th December, 1963.

10

THE CHAIRMAN : Before we proceed with the business of the day, particularly if that business is to be conducted under secrecy, the strangers or visitors will be asked to recuse themselves from the House. HON. MR. RAJUILI : Mr. Chairman, it would appear that my question has not been replied to. It may be possible that there may be some stranger from another country who is present. Is it not possible that the House may be introduced and told who the stranger is so that they may be privileged to know ? HON. MR. K. M. GUZANA : Mr. Chairman, with respect, Sir, you have referred to the incident of Friday with a great deal of reticence. May I say, if I interpret you correctly, that you referred to the request (shall we say a peremptory request ) for the European officials to leave the House. If that is so, Sir, and your interpretation of paragraph 157 is correct, then I think I can, on behalf of this House, express to those European officials through you our regret in omitting to take cognizance of this paragraph in the light of your interpretation. If our friends do accept that they will also, on their part, concede that we are learning the ropes. Having said that, Sir, with respect I do differ with you on the interpretation of paragraph 157 and may I suggest in all humility that after this session has adjourned, between the time of the adjournment and the time we sit as a Government next year, you might seek an interpretation of that paragraph as it might well cause some inconvenience. I thank you, Mr. Chairman. THE CHAIRMAN : This afternoon at 4 o'clock the Minister of Bantu Administration and Development will unveil the memorial tablet. You are all requested to attend.

Minute No. 8 : Election of Ministers. THE CHAIRMAN : The next item is the election of the five Cabinet Ministers and I accordingly call for nominations. Before doing that the Secretary will read to you for your information the regulations governing those elections. The Secretary read Section 14 of the Transkei Constitution Act, No. 48 of 1963. HON. MR. B. RAJUILI : Mr. Chairman, before we go on with the election I notice that this is a closed door session. One notices that when we elected the Chief Minister it was a most contentious item. Presumably this is in accordance with the Constitution of this House. If not, is there any objection to the session being an open one ? If not, I would move that the session be not a closed one. THE CHAIRMAN : Will you please present a written motion. HON. MR. K. M. GUZANA : May I know from the Chair why there is an insistence that this motion should be written down ? If my interpretation is correct, we are not a constituted government at this stage and we cannot be bound by regulations which apply to a constitutionally established government. Here we are seeking to expedite matters and now we are expected to have resolutions which are really procedural to be written down. With respect, Sir, I think this proposition can be made by way of an oral motion. THE CHAIRMAN : Last Friday did you not insist that motions should be presented in writing. Why is there a departure from that procedure today ? On Friday it was decided by this House that motions should be in writing. That was the decision of the House, and motions were tabled here before the Secretary. HON. MR. GUZANA : Mr. Chairman, I should be happy if I could be assisted to find this decision in the minutes as presented to us. These minutes have been passed as a true and correct record of the proceedings on Friday. MR. MBULI : With your permission , Mr. Chairman, may I explain that this will appear under Minute No. 7- Election of Chief Minister-and it will appear in the verbatim report of proceedings. HON. MR. GUZANA : Mr. Chairman , let us assist ourselves. In order to hasten proceedings, may we be allowed to move motions orally ? MR. MBULI : With the permission of the Chairman, I wish to make the following remarks in connection with the matter raised by the Honourable Member

with regard to the question of the election of Ministers being in closed or open session. There are what are known as the rules of the constitution, which are written down, and there are what are known as the conventions of the constitution- that is, accepted rules of procedure which are not written; and it is one of those conventions of procedure which applies when the Cabinet is elected, that it should be elected by a body in private session. In the Republican Government that is done by the party in power. It is done by them exclusively and no other members are allowed in and nobody can claim right of access to that meeting. In this case that accepted convention was followed, that this House should sit in private session when it elects its Cabinet Ministers. We are a new body and when we have no specific rules laying down our procedure, we follow what is done by other already constituted parliaments. That is why that convention was followed in your case. If the House feels it should not be followed, it is up to them to decide so but that is the usual procedure. HON. MR. C. DIKO : Mr. Chairman and Honourable Members, with due respect I would like to ask the Chairman not to confuse our minds. I do not know whether it is in order that the Secretary of this House should participate in our debates. I do not understand why it should be said that these elections should be conducted behind closed doors, whereas the persons who were asked to leave this House on Friday have returned to this House. A decision was taken by the House that they should leave. HON, CHIEF P. JOZANA : On a point of order, those Europeans left before the matter was put to a division. HON. MR. DIKO : I would like to request the Honourable Chief Jozana to refresh his memory by reading the minutes. The minutes state that they left the House. Sir, I am asking you not to confuse us because you read paragraph 157 this morning, which implies that they should not leave, but our interpretation is quite different from yours. We ask you to read carefully the section which says "an official who has duties to perform". HON. MR. GUZANA : On a point of privilege, Mr. Chairman, may I ask the Honourable Member to limit himself to the point under discussion. He is referring now to a matter which we have referred to the Chairman and the Executive to go into later. HON. MR. DIKO : I am doing this because there are inconsistences which must not be there. The speaking of the Secretary is not in order as far as I am concerned. The handing over of papers from the gentlemen there to the Chair is not in order as far as I am concerned. The gentlemen who were asked not to be here if the session is in secret are here. So what I am asking is that the Chairman must allow the doors to be open if it is desired, without a written motion. THE CHAIRMAN : Honourable Members, I asked the Honourable Mr. Rajuili to forward his motion in writing. MR. MBULI : The motion reads : "That unless it be in accordance with the Constitution of this House that this be a closed session, this session be an open session." HON. CHIEF MAJEKE : I second the motion, Mr. Chairman. There is no need for me to elaborate on this matter because I think it is self-explanatory. HON. MR. G. M. MATANZIMA : Mr. Chairman and Honourable Members, I realise that there has been some mud-slinging at the Chairman. We put the blame on him when we are responsible for those things ourselves. One day we make one decision and the following day we make another decision. Last Friday it was the decision of this House that the elections should be conducted behind closed doors and as a result of that decision the officials were asked to leave the House as it was considered that their presence was not necessary. Today, whatever officials are present in this House are here because of a ruling made by the Chairman . Whether we are against or for that ruling made by the Chairman, it is our duty to succumb to it. It has been suggested by the Honourable Mr. Guzana that this particular matter should be further handled by the Chairman. This therefore means that we are still inthe same position as we were on Friday, in that the doors must be closed. Now we are about to elect Ministers to serve

11 in the Cabinet. If the election of the Chief Minister was an important issue, I submit that even the election of the Ministers is equally important. If you look through your programme, on page 2 towards the end you will see there that the same procedure as that followed in the election of the Chief Minister will be observed, except that each member will have five votes. I am wondering why it is requested that when these five Ministers are about to be elected, the session should be made an open one. As I have already indicated earlier on, I oppose this motion and that is my counter motion, HON. CHIEF P. JOZANA : Mr. Chairman, I stand up to second the counter proposal. MR. MBULI : The amendment reads as follows : "That the election of the ministers be conducted in closed doors." MR. GUZANA : Mr. Chairman, I think the purpose of the main resolution put to you, Sir, is to dissipate an atmosphere of suspicion which surrounded the election of the Chief Minister. We know that these proceedings have become the focus of attention of the whole world and the outside world asks the question : Why is this election secret ? We would like to dissipate that impression altogether and let the world know that there is no underhand work going on inside this House during the elections. That is the spirit in which that motion has been moved, Sir. We are not suggesting that something suspicious happened on Friday, but observers tend to ask the question : Why was it secret ? They themselves answer the question and say something sinister or underhand or suspicious was done. We want to disabuse them and that is the spirit in which the motion has been moved, Sir. HON. THE CHIEF MINISTER : Mr. Chairman, I regret that some Members of the House must be guided by the opinions of the Press. The procedure followed in electing a Cabinet behind closed doors is a formal convention of all constitutional procedures all over the world. I would like the mover of this motion to quote a single country which has adopted the procedure which they say we should now adopt. In my own submission, never at any time have elections of Cabinet Ministers been conducted with open doors. In the countries with party political groups, matters are dealt with in caucus. It is merely a political stunt of those who are opposed to this Constitution making public Press statements that the world will be surprised as to why the elections are being held with closed doors. They want something which has never happened in other countries to be the procedure of this House. I wish the Chairman should now close discussion on this matter, as a motion has been moved and seconded and also a counter motion has been moved and seconded. Let us put the matter to the vote. HON. MR. C. N. NOGCANTSI : Mr. Chairman, I should like to make this request, that when we talk in this Assembly we should not compare this institution with any other because this institution is the first of its kind. It has no precedents. The development of this institution will depend on our own initiative and creative powers, because this is a new thing which we have created and it has never been done anywhere before, therefore, it has no contemporary. MR. CHAIRMAN : I shall now put this matter to a vote. First the amendment. After disagreement between the tellers over the counting, the Honourable Mr. Guzana called for a division. HON. THE CHIEF MINISTER : There is no such procedure because we are not yet properly constituted. HON. MR. GUZANA : If there is disagreement over the counting I am entitled to call for a division. It is not the exclusive right of properly constituted bodies to ask for a division . HON. MR. L. MAJIJA : I second, Mr. Chairman. HON. MR. G. M. MATANZIMA : I do not know how many motions you will have received by the time the sun sets. If I made a mistake in counting the people in the opposite side because I did not see them, and I was corrected by my co-teller and I re-counted and noticed that he was correct and I confirmed his counting, I do not know why there should be need for a division. It would appear that we are too much

Monday, 9th December, 1963.

in a hurry. We like to get to things ahead before we have dealt with the things before us. A few minutes ago we were told that this House is not properly constituted, whereas now a division is being called for. A division is called for in institutions which are well constituted. Even if the House agreed to division it should now be dropped because I concur with my co-teller. HON. MR. GUZANA : If the teller concurs with the other teller, that is all right, but whilst there is a dispute we are entitled to ask for a division and I suggest that the calling of a division is not the exclusive right of a properly constituted body. It can be called for anywhere. If the Honourable Member accepts the counting, I will withdraw that suggestion. HON. MR. B. MDLEDLE : Mr. Chairman, I would like to be clear as to how many tellers we have. If everybody is going to stand up and count there will be terrible confusion. HON. MR. B. RAJUILI : I very much sympathise with the Honourable Member's remarks as at one time I was so confused I did not know what was happening. HON. THE CHIEF MINISTER : I move : "That the Honourable Chiefs S. S. Majeke and P. Jozana be tellers on one side of the Chamber and the Honourable Chief D. D. P. Ndamase and the Honourable Mr. G. M. M. Matanzima be tellers on the other." HON. MR. GUZANA : I second that.

The motion was adopted without discussion. The amendment moved by the Honourable Mr. G. M. Matanzima was adopted by 52 votes to 45. THE CHAIRMAN I now call for nominations. The Secretary has the forms. HON. MR. K. M. GUZANA : Whilst the nominations are coming to you, Sir, may I ask for the insertion of an important item in your programme, if you can find time for it. After the election of the Chief Minister, the elected Chief Minister made an address to this House. Paramount Chief Victor Poto, who was in the running for the post of Chief Minister, did not get an opportunity to make a statement or to reply. I think it would be correct, Mr. Chairman, if you could extend that privilege to Paramount Chief Victor Poto and I do make that request on his behalf. HON. MR. L. Z. MAJIJA : I second. MR MBULI : The following have been nominated as candidates for election as Ministers : Mr. W. C. Singata, Chief J. D. Moshesh, Mr. B. B. Mdledle, Mr. C. Madikizela, Mr. G. M. M. Matanzima and Mr. M. S. Mvusi. The Assembly adjorrned in order to have ballot papers prepared. The Assembly resumed. HON. MR. G. M. MATANZIMA : Before we proceed with the elections, Mr. Chairman, I should like one point to be clarified, in view of the fact that six names have been nominated and the required number of ministers is five. I should like to know whether the method employed during the last election will be observed. That is to say, if for instance only five candidates are to be elected in a region, the voter must vote for five candidates and if he votes for more or less than the prescribed number then his paper is declared spoilt. MR. MBULI : That is the procedure, Mr. Chairman. HON. MR. MATANZIMA : Thank you, Mr. Chairman. The ballot for the election of five Cabinet Ministers took place. THE CHAIRMAN : Honourable Members, the following are the results of the election : 56 Mr. C. Madikizela 56 Mr. G. Matanzima 56 Chief J. Moshesh 56 Mr. S. Mvusi 55 .... Mr. B. B. Mdledle 1 Mr. W. Singata There were three spoilt papers and 45 papers had lines drawn across them. The following are therefore the names of the successful candidates : Messrs. C. Madikizela, G. Matanzima, Chief J. Moshesh, Messrs. S. Mvusi and B. Mdledle.

Wednesday, 3rd December, 1963.

12

I wish to remind members of the unveiling of the memorial tablet this afternoon which you are all cordially invited to attend. A request was made to me this morning for something which does not figure on my daily programme. I would like to ask the members of this Legislative Assembly not to think in terms of the old Bunga system and at the same time your minds must not move too fast, because if they do we may not see eye to eye. All the members of the Assembly have the same status. In other words, those who are elected and those who are automatic members have the same status. For the good of this Assembly and for the smooth running of things we should move together harmoniously. I am going to entertain the request made that Paramount Chief Victor Poto should speak, but this must not be taken as a precedent. HON. PARAMOUNT CHIEF VICTOR POTO : Mr. Chairman and Honourable Members of the Legislative Assembly, it is only fitting that I should thank you, Mr. Chairman, for affording me this opportunity of addressing the Assembly. As you all remember, last Friday was D-day - that is , the day on which we were to elect our Chief Minister. When the results came out indicating who had won the contest the Chief Minister was afforded an opportunity of addressing this House. Because, according to your daily programme, there was no provision made for me to speak after the Chief Minister had spoken I could not therefore speak. I was not, however, perturbed by that situation because I believed that an opportunity would be afforded me by you, Sir. I think it was only proper that the other side which had contested this seat should have been given an opportunity to speak. I give my heartiest congratulations to the Honourable Chief K. D. Matanzima for the honour which has been bestowed upon him. When the ballot papers were counted we saw the counting ourselves and the results that they gave reflected the true position. Our Honourable Chief Minister polled 54 votes and I polled 49 votes. I wish to express my heartfelt thanks to those 49 members who cast their votes in my favour in the light of the policy which I had enunciated throughout the Transkei. The fact that I have been beaten must not be taken as a sign of cowardice on my part. It generally happens that the one party is overpowered by the more powerful party. The Transkei Legislative Assembly comprises 64 appointed chiefs and 45 elected members. It is quite evident that I got most of my support from the elected members who knew what I stood for and what my policy is, as I enunciated it during my tours. These elected members visited the electorate which was to elect them in all the areas. The chiefs were automatic members of this Assembly. They never took the trouble to visit the taxpayers and put their policy before the taxpayers. I wish to say, Sir, that my defeat in this contest was brought about by the chiefs. At the same time I wish to express my gratitude to those chiefs who had the courage and boldness to throw in their support with me. I should like to make some comments in regard to the address made by the Chief Minister when he thanked those who had supported him and his policy. His address was publicised throughout the world, and the true version of what he said. I think the Chief made a slight mistake. I would not say he stated the whole truth. I think what he should have said was that some of the people in the Transkei, plus the chiefs made him successful in his contest. I can say that this was a fair contest but at the same time I want to make it clear that the number of elected members was much less than that of the automatic members. Be that as it may, the general feeling of the people has been adequately assessed. It is our belief and hope that whatever laws are made they will bring happiness and peace and that no section shall be unduly oppressed. When I offered my candidature it was one of my primary aims to bring about peace and happiness when I became Chief Minister. It is a well known fact that there is general unhappiness amongst the people and even amongst the chiefs. There is an air of friction between the people and the chiefs. As one of the chiefs I was perturbed by the coming into being of such a situation. I just wondered why it should come about that although we are recognised chiefs we should be looked after by members of the police force. The general impression created by this situation is that we do not trust our people, whereas

we should trust all people and they should also serve as our protectors . Today I will go home a happy man because it is said that the general feeling of the people in the Transkei has been ascertained. I shall continue to serve in this House without fear that some of the chiefs are mistrustful and I hope that when this report is conveyed to the people by the chiefs who are here, as well as the elected members, the news of the coming of this report will chase away the police. I think that should be the position, Sir, because it is not nice that we should not be trusted by our people because we are chiefs. I am guided by my conscience and I cannot depart from the dictates of my conscience. Once I make up my mind to serve a person I serve him, but if I share certain views those views cannot be dismissed by any situation. I am still adhering to my policy and my policy has placed me in the position where I should become a member of the Opposition . When the Honourable the Chief Minister issued a challenge that after the results were known an opposition party should be created, I never replied to that challenge. It was not necessary for me to reply to it because it stood to reason . It is only right that before one decides, he should first of all ascertain the views of the people. It is the views of the people which will decide the direction to be taken. If the people are still adhering to my policy I see no other way to continue maintaining that policy, but that I should consequently form an opposition party. It is my prayer, Sir, that this Assembly should look after the welfare and the interests of the people of the Transkei. At the same time we must bear in mind that there is co-existence between this country and the neighbouring countries, and we should not bring blood between ourselves and the neighbouring countries. There is a lot to be done in the future. We must gird up our loins and make up our minds that we are going to get the best out of this institution . With those words I want to thank you for the decision that was arrived at by this House. It therefore behoves us to stick to that decision and at the same time we must disentangle ourselves from those things which are entangling us. THE CHAIRMAN : I wish to remind members that they are required to be here at 4 p.m. when the unveiling of the memorial tablet will take place. The Assembly adjourned until 9.30 a.m. on Wednesday, 11th December, 1963.

3rd DAY, WEDNESDAY, 11th DECEMBER, 1965. The Assembly resumed at 10 a.m. Prayers were read. The Assistant Secretary read the notice convoking the Assembly. The Chief Minister and Cabinet Ministers were sworn in before the Chairman. Minute No. 9 : Address by the Honourable the Minister for Bantu Administration and Development, Mr. M. D. C. de Wet Nel. THE CHAIRMAN : Honourable Members of the Legislative Assembly, I have the honour to call upon the Honourable the Minister of Bantu Administration and Development, Mr. de Wet Nel, to address us. MR. M. D. C. DE WET NEL : Mr. Chairman, Mr. Chief Minister, Ministers and Members of the Transkeian Legislative Assembly. For the Bantu people of the Transkei and also for the whole of South Africa this is indeed a historic occasion. We are witnessing here today the birth and the launching of the first government of the Xhosa national unit. History is being made today. May God guide and bless you with peace and prosperity. At the outset I wish to congratulate the Bantu people of the Transkei on their attainment of this new and proud status within the Republic of South Africa. The Transkei has a long history behind it. The people of the Transkei have consistently during the latter years demonstrated their desire for greater unity especially as far as the governmental field is concerned. This desire was clearly shown by the

13 creation in 1930 of the United Transkeian Territories General Council out of the then existing two councils and later in 1956 by the formation of a Territorial Authority embracing the nine regions in the Transkei. These events are symptomatic of the process of constitutional development which has been taking place in the Transkei during this century. As is the case with many other peoples the Transkei tribes are bound strongly together by unifying factors such as a common love for their land of birth; a deeply rooted love for the common language and cultural heritage, a desire for greater unity between the people; common interests and a central authority representing all the various sections and component groups. It is as a closely knit unit that the Transkeian Bantu are now accepting the new responsibilities conferred upon them. I also wish to congratulate you for the manner in which the recent elections in the Transkei were conducted and the fine lead which you gave. I think that the whole election campaign, the quality and conduct of the candidates, and the enthusiastic yet responsible manner in which the Transkeian electorate reacted and participated therein proved to friend and foe alike that the Government was right in conferring self-government on you. These things augur well for the future. I wish to welcome the newly- elected members to this House. I trust that they will make important contributions towards the business of this Assembly and the government of this territory. I trust that they will also materially contribute towards the dignity and high level in which matters were always in the past discussed in this chamber. I am also pleased to see all the chiefs here today who by virtue of the eminent positions they occupy in their communities have as in the past a very major role to play in this Assembly. We have also witnessed here today the administration of the oath to the Chief Minister and the other members of his Cabinet. We were all impressed by the solemnity of the occasion as well as by the very serious undertakings given under oath, namely to hold your offices with honour and dignity; to uphold the constitution of the Transkei and all other laws; to be true and faithful; not to divulge matters entrusted to you under secrecy; and to perform your duties to the best of your ability. Mr. Chief Minister, I wish to extend my heartiest congratulations to you on your election as Chief Minister and to the other members of your Cabinet on their election to these high offices. I trust that you will receive the strength and the wisdom to serve your people well. You must remember that by your elevation to these high offices you have not been made the masters of your people but that you have really been made the servants of your people. I trust that you will serve them faithfully and well to the best of your ability. Your reward will then not be financial or any other gains but-the undying love and devotion of your people. The new constitutional instrument, this Legislative Assembly, now handed to you is an instrument that must be handled with loving care and deep respect. As is peculiar to the democratic system of government, the real political power of the Transkeian Government, is in the hands of the Transkeian citizens. The members of the Legislative Assembly are merely representatives of the people to promote the interests of the people. It is, therefore, sincerely hoped that the Transkeian people will continue to display that interest in the work of the Legislative Assembly and the way in which their Government pursues the common needs of the people which is so necessary for the proper functioning of any democratic government. Likewise it is also the people's duty to obey and respect the rules and laws made by the Assembly for the well-being of all. The members of the Assembly must always remember that they represent the people. They must therefore always strive for the common good of the people. It is the duty of all the members to obey the rules of procedure made by the Assembly for the conduct of its business. All the members must at all times assist to uphold the dignity of the Assembly and the authority of the Chairman thereof,

Wednesday, 3rd December, 1963.

By establishing this Legislative Assembly and by conferring self-government on the Bantu of the Transkei we in the Republic of South Africa are taking a further bold step forward in implementing our policy of separate development; a policy which is based on the experience gained during three centuries of coexistence in this country of different racial groups; a policy which is acceptable to both the main racial groups, which reflects the traditions of the people of this land and which has always ensured justice, peace and prosperity in South Africa. History has divided South Africa into separate black and white areas. This division of South Africa was not brought about by this government or for that matter by any previous government or governments of this country. The facts are that the Bantu races moving down from the northern parts of Africa settled themselves in certain parts of South Africa. Similarly the white people who settled in the Cape more than three centuries ago trekked northwards and settled themselves in other parts of our common fatherland that were then not inhabited. The nomadic trek movement of both Whites and Bantu came to a halt in the nineteenth century. It is true that this did not come about without conflict, but rather through manifold negotiations with the Bantu leaders of those days resulting in the right of possession of land by the different racial groups being laid down in legal formulas. It is a fact that ever since this original settlement took place there always have been certain parts of South Africa which were known and recognised by all as Bantu areas or homelands, whilst other parts of the country were always known and recognised to be white areas. The principle that the homelands of the Bantu people should be reserved and protected for them was subscribed to by all previous governments of this country. Not only were the Bantu areas thus protected and reserved but it has also been the policy all along to develop and improve these homelands as much as Successive governments always faithfully possible. guarded against the exploitation of the Bantu and his land by fortune seekers. Vast sums of money were spent and are still being spent today by the Government on betterment schemes, stock improvement, economic development and educational facilities for the Bantu people. To such an extent is this the case that I can today say without fear of contradiction that nowhere on this continent of Africa is more being done for the general improvement of land and the upliftment of its peoples than in the Republic of South Africa. We in South Africa are proud of our record and our achievements as guardians of the heritage of the Bantu people. In the political field our policy envisages the granting of political rights to the Bantu in their homelands. We recognise the right of the Bantu to determine his own future in what is his part of our joint country. We firmly and sincerely believe that this is the only policy which can ensure lasting peace and happiness for all the peoples who live in our country. We are convinced that as far as South Africa is concerned there is no alternative to this policy which ensures justice and good neighbourliness to both black and white. Our policy is based on the simple but fundamental principle of human happiness and human relations, namely that every man is happiest in his own family circle, every family is happiest within its own community, and every community is happiest within its own cultural and national circle. This principle applies to all people irrespective of race or colour throughout the world. In fact, this is the only basis on which sound race relations, national relations and human relations can be established. It applies particularly to the Bantu because this is one of the basic characteristics in the social structure of the Bantu. I wish to pay tribute here today to the leaders of the Transkei for the high level and the responsible manner in which the negotiations which led to the Transkei Constitution Act were conducted by them. The discussions were friendly and pleasant such as normally exist when parties meet who trust and respect one another. Our problems were smoothed out to the mutual satisfaction of both sides. At no stage did we meet for any period of more than two days and there were never any deadlocks. No wonder

Wednesday, 3rd December, 1963.

14

that the final report of the Recess Committee of the Transkeian Territorial Authority as well as the Transkei Constitution Bill itself was passed almost unanimously by the Territorial Authority sitting in open The lead given here was enthusiastically session. followed by the broad masses of the Transkei people. Proof hereof was given in the response of more than 880,000 Transkei citizens who registered themselves as voters within a period of two months after the adoption of the constitution as well as by the enthusiastic manner in which the recent elections were conducted.

As a result of the advancement made by you, the people of the Transkei, in the governmental, educational and other fields of human endeavour the Government of the Republic of South Africa was prepared to confer self-government on you and to hand over to you the control of the heritage which it has in the past always protected for you. This grand and beautiful country of yours is awaiting development. The development of this country is a task of considerable magnitude and a great challenge to you and your people. With the correct development the Transkei will be able to provide for the needs of millions of people. The land must be protected and developed. Stock must be improved . Arable lands must be properly cultivated. Towns must be developed. This can only be achieved if the individual is developed. Your people are called upon to acquire knowledge, technical skill and ability for this great task. It can only be acquired by hard work and self-endeavour. All this will only be achieved if your people learn that they will have to apply their utmost endeavours towards the attaining of their own national development and that there can be no escape from service to one's own community. This is the great lesson which the history of people throughout the world has taught us. You and your people must pin your faith to this lesson. The potential of the country which is being handed over to you is great and much has already been done towards the development thereof. The size of the Transkei is more than 16,000 square miles or 4,800,000 morgen. It has an average rainfall of 30.36 inches or 771 m.m. per annum and the best permannet rivers in South Africa . The fact is, however, that the resources of the Transkei are as yet untouched. The potentialities of of this fine country are simply unlimited. What has been done thus far has only amounted to the first sods which have been turned in a virgin country. The Transkei is a country with great possibilities and a great future. The fact that the Government of the Republic of South Africa is prepared to hand this heritage over to your control is evidence of our faith in the capabilities and the sense of responsibility of the Transkeian Bantu people. Every nation in the world, regardless of race or colour desires to handle its own affairs . We are prepared to give you the opportunity to do so. In the future it will be your dutyto protect this heritage which is being given into your care to develop the wealth of the Transkei for its own sons and daughters; to create an atmosphere of peace, stability and progress without which sound economic advancement will remain an idle dream; to govern in such a manner that people will continue to have faith in the future of the Transkei; and to guard and advance the material and spiritual welfare of your citizens. In the preamble to your own constitution you have been charged with the sacred duty"to establish a well-organised government for thsi territory that— will maintain law and order and ensure justice to all; will promote the material and spiritual wellbeing of the Transkei and its peoples; will protect and develop their own culture; and will preserve the ideas of religion, civilization and democracy."

One of the main and most important tasks of your new government will be to foster the economic development of the country. You will have to make the best use of the land and the natural resources of the territory. You will have to plan ways and means to encourage industrial development, the trades and tertiary industry. U moet vertroue hê en voortgaan in die wete dat u 'n deel uitmaak van die Republiek van Suit-Afrika en dat dit u nie in die steek sal laat nie. U sal nie nodig hê om u oë na vreemde lande te wend om hulp nie. Die geskiedenis het oor en oor bewys dat dit vir elke volk dodelik is om sy hoop te vestig op vreemde elemente buite sy eie landsgrense. In meeste gevalle beteken die aanvaarding van dusdanige hulp op die lang duur selfmoord. Onthou instansies van buite ons eie landsgrense het geen werklike blywende belang hier nie dit is by sulke instansies die eie belang wat deurslag gee.

Die Regering van die Republiek van Suid-Afrika sal u help met al die nodige tegniese advies, middele en administratiewe masjinerie wat tot sy beskikking is. Op hierdie stadium is Blanke kennis en ondervinding op administratiewe, handels, industriële en ekonomiese gebied miskien nog noodsaaklik vir die ontwikkeling van die Transkei. U sal egter daadwerklik aandag moet gee aan die opleiding van u eie mense om die poste wat tans deur Blankes gevul word mettertyd oor te neem. Dit sal die taak van die Transkeise regeringsdienskommissie wees om dit te doen. Dit is die beleid van die sentrale regering om die Blanke beamptes geleidelik vanaf die laer tot die hoër range deur geskikte Bantoebeamptes van die Transkei te vervang. Dit word vertrou dat u die beste gebruik van hierdie Blanke amptenare sal maak wat tot u beskikking gestel word, en dat hierdie amptenare vir u kan help om vaste en gesonde fondamente te lê vir u eie publieke administrasie. 'n Gesonde en doeltreffende landsadministrasie is ' n voorvereiste vir n stabiele en vooruitstrewende regering. Ook op finansiële gebied sal die Regering van die Republiek u ten volle bystaan. U weet ook dat die Transkei nog altyd deel bly van die Republiek van Suid-Afrika. Ons het ' n gemeenskaplike vaderland en behoort almal aan Suid-Afrika. Blank en Bantoe het mekaar nodig en moet mekaar help. Ons tegniese kennis en vaardigheid is vir u noodsaaklik in die opbou van u gebied. Ons voorspoed is u voorspoed en ons sterkte is u sterkte. Ook ons veiligheid is u veiligheid en teenoor die buitewêreld staan ons saam as kinders van Suid-Afrika. Ek vertou dat daar altyd 'n gees van vriendskap, vertroue en onderlinge respek sal heers tussen die Regering van die Transkei en die Moeder Regering van die Republiek van Suid-Afrika. Ons belange is so ineengestrengel dat indien so ' n gesindheid nie daar sou wees nie dit alleen tot ons almal se skade sal lei. Die Transkei is die eerste van die Bantoetuislande in die Republiek aan wie selfregering verleen word. Dit is vir u ' n groot eer. Hier moet dus diep spore getrap word wat die ander wat na u kom sal volg. Sorg dat u pad nooit ' n modderpad word wat niemand kan volg nie, Vyande van Suid-Afrika, binnelands en buitelands, het alle moontlike pogings aangewend om die ordelike Staatkundige ontvoogdingsproses in die Transkei verdag voor te stel en selfs om dit te laat misluk. Die Xhosa volkseenheid het op geen onsekere wyse die antwoord gegee aan hierdie ondergrawers van Suid-Afrika se eerlike beleid van ordelike naasbestaan.

Hierdie antwoord is gegee in die vorm van die rekord registrasie van kiesers, die buitengewone hoë stempersentasie en die ordelike gedrag van die kiesers voor, tydens en na die verkiesing. Nou is u eerste Wetgewende Vergadering gekonstitueer en u eie uitvoerende gesag word in werking gestel. Die vraag kom onwillekeurig op; wat is nou die groot toekomstake in die Transkei ? U het, soos ek reeds aangedui het, ondubbelsinnig getuig dat u die beleid van eiesoortige ontwikkeling gepaard met die Republiek van Suid-Afrika se beleid van skeppende selfonttrekking, aanvaar. Nou wil ek vir u 'n paar rigbakens aandui wat u sal lei na 'n gesonde siening van u toekomstaak,

15 Die eerste rigbaken wat u nooit uit die oog moet verloor nie, is u natuurlike lidmaatskap van ' n ekonomies gesonde en lewenskragtige Suid-Afrikaanse gemeenskapsmark. Die hoogbeskaafde en intensief ontwikkelde lande van Wes-Europa is al lank besig om 'n aanvaarbare grondslag te vind vir die skepping van 'n Europese Gemeenskapsmark. Die lewensbelangrike samespreking word nog steeds voortgesit. U is somaar by die geboorte van u eie Staat klaar part en deel van 'n Suid-Afrikaanse gemeenskapsmark wat u ekonomiese groei en welvaart oneindig kan verryk en versterk. In teenstelling met baie sogenaamde vry volke van Afrika wie se vryheid ingeknel is deur armoede en ellende, begin u u vrywording gekoppel aan ' n moederstaat met 'n hoogsontwikkelde bedryfsvernuf, kapitaalvermoë en hulpbronne wat baie u beny. Vandaar -die pogings om verdenkings te saai . 'n Tweede rigbaken wat nou verbonde is aan die voorafgaande , is naamlik dat vryheid wat ' n gemeenskap in die boeie van hongersnood , armoede en siekte werp, slegs die voorloper kan wees van slawerny. Dit mag in u geval nooit gebeur nie want soos die voorstad sy krag en lig kry van die stad se kragstasie, so sal u u krag en lig kry van die Republiek van SuidAfrika. Waak dus teen die wolwe wat haat en agterdog saai met die doel om u in hulle wurggreep te kry. Daar is egter 'n derde rigbaken wat ek vir u wil aandui en dit is naamlik die handhawing van die vreedsame naasbestaan van Blank en Bantoe in SuidAfrika. Die Blanke van Suid-Afrika reik aan u die hand van vriendskap en is bereid om u groei te steun en te bevorder. Plig rus op u om hierdie vriendskap waardig te wees en hierdie vriendskap uit te bou. U sal gevlei word deur jakkalse uit baie oorde, nie om u beswil nie maar omdat hulle u kos uit u mond wil neem en ook ons kos uit ons monde. Daarom sê ek vir u onthou u vriende. Ek is hier namens die Regering om vir u te beklemtoon dat ons hand van vriendskap na u uitgestrek sal bly. U moet aan u kant versigtig wees vir die vleitaal van die jakkalse. 'n Vierde rigbaken wat ek vir u wil aandui lê op die pad wat u reeds sover geloop het. U het meer as drie geslagte gelede begin om te loop op die pad van selfbestuur tot by die punt wat u vandag bereik het. U het ervaring opgedoen van die meer gevorderde toerusting wat vandag in u hande geplaas is. Waar verwildering so vinnig en maklik intree wanneer onrype mense mag in hande kry, kan u op klinkende wyse aan die wêreld toon dat die mense van die Transkei nie ryp gedruk is nie maar ryp geword het. U kan aan die wêreld toon dat u volgens beskaafde standaarde u landsake kan bestuur en bowenal dat u gesagvoerders, in sonderheid u Hoofminister en ook u ander Ministers, nie magsdronk sal word nie maar wel dat u diep onder die indruk van u varantwoordelikheid en plig verkeer. 'n Vyfde rigbaken wat vir elke volkseenheid belangrik is is om sy geestelike waardes en taal en kultuur uit te bou en te verryk. Moet nooit skaam wees vir 'n volkseie nie. Die lelike en slegte dinge moet uitgeroei word maar die mooi geestelike waardes moet ontwikkel word. 'n Volk kan alleen sy plek onder die volke van die wêreld inneem as hy 'n eie kultuur het. Dit is die taak van elke seun en dogter van die Transkei om hierdie kultuur te veredel.

'n Sesde en laaste rigbaken is om orals en altyd met ' n gees van verantwoordelikheid en waardigheid op te tree. Baie bose magte sal voortaan probeer om u met vleitaal en allerlei beloftes en selfs omkopery op vreemde paaie te lei. Hulle sal selfs probeer om in besit van u mooi land met sy potensialiteite te kom. U moet hierteen waak. U moet die finansies

Wednesday, 3rd December, 1963. van u land met oorleg en verantwoordelikheid hanteer. U moet die administrasie van u land met selflose verantwoordelikheid opbou, sodat almal daarin vertroue sal hê. Reg en geregtigheid aan almal moet die poolster van u administrasie wees.

Dit is dan die paaie wat u moet loop om op die berg van vervulling te kom. Dit is die toekomstaak wat ek namens die Republiek van Suid-Afrika aan u opdra. Langs hierdie weg kan vreedsame naasbestaan van u volk en my volk op ' n grondslag van goeie buurskap verseker word. Op hierdie weg kan die Bantoe van die Transkei groei tot ' n volk wat deur almal gerespekteer sal word. Op hierdie weg kan die Transkei ontwikkel tot ' n groot en welvarende land. Dit is met hierdie boodskap namens die Republiek van Suid-Afrika dat ek nou hierdie eerste sitting van die eerste Wetgewende Vergadering behoorlik geopen verklaar. Dit is ook die dag waarop die Transkeise regering amptelik kragtens die Transkeise Grondwet tot stand kom. Vanaf vandag word die Transkeise regering toevertrou met die administratiewe beheer, bevoegdhede, pligte en funksies wat aan hulle kragtens die grondwet oorgedra word. Ek wens u toe vrede, voorspoed en seën. Bayethe. THE CHAIRMAN : Honourable members, I shall now request the Honourable the Chief Minister to pass a vote of thanks. HON. THE CHIEF MINISTER : Mr. Chairman, the Honourable the Minister of Bantu Administration and Development, Honourable Members of this Legislative Assembly, on behalf of this Assembly I have the honour and respect to thank the Honouraole the Minister for the thought-provoking address he has delivered this morning. His presence here, as representative of the State President, is noted with profound admiration and appreciation, for it is through the Minister's untiring efforts that the Prime Minister of the Republic of South Africa, Dr. Verwoerd, was persuaded to grant self-government to the people of the Transkei on the basis of the policy of selfdevelopment. The people of these Territories, Sir, are very grateful to the Government of the Republic for the gesture shown in leading them towards the realisation of independence peacefully, a rare phenomenon in the growth of conquered nations. In your address, Sir, you have given the members of this Assembly all the treasury of wisdom which any statesman should acquire in political leadership. I have no doubt that my colleagues and I will live up to your expectations. The world is presently focussing its curious eyes on South Africa because of the step that has been taken in the direction of African liberation. Others do so with the malicious intention of disrupting the peaceful relations that will emerge from the co-existence of white and black races in their parallel development. But I assure you, Sir, that many countries wish South Africa success in the new road it has taken. Kindly convey to the State President, the Prime Minister of the Republic and his colleagues in the Cabinet the highest felicitations of this Assembly in all their undertakings to foster peaceful relations amongst the nations of the land we occupy. We wish you God Speed, a happy Christmas and a prosperous New Year. Thank you, Sir. THE CHAIRMAN : Honourable Members of the Assembly, I have the honour to inform you that this afternoon, commencing at 2 o'clock, there will be festivities to celebrate the opening of this Assembly. After the adjournment of this meeting the Cabinet will meet.

The Assembly adjourned until further notice.

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