House of Assembly: Vol12 - TUESDAY 12 MARCH 1929

TUESDAY, 12th MARCH, 1929. Mr. SPEAKER took the Chair at 2.20 p.m. S.C. ON RAILWAYS AND HARBOURS.

Dr. VISSER, as chairman, brought up the second report of the Select Committee on Railways and Harbours, and moved, seconded by Mr. Conroy:

Report and evidence to be printed and considered on 22nd March.

QUESTIONS. Flags. I. Mr. HAY

asked the Minister of the Interior why, although two flags are flown on separate staffs on the old Supreme Court Building, Cape Town, one only of the flags specified in Act No. 40 of 1927 is flown over that building?

The MINISTER OF THE INTERIOR:

Because the old Supreme Court Building, Cape Town, is not one of the buildings contemplated by section 7. sub-section (2), of Act No. 40 of 1927.

Loan Advances to Provinces. II. Mr. HAY

asked the Minister of Finance:

  1. (1) What is the total on loan account advanced to the end of 1928 to the provinces, respectively; and
  2. (2) what amount is still owing by the provinces, respectively?
The MINISTER OF FINANCE:

(1) Cape

£5,108,193

18

10

Natal

2,081,168

0

0

Transvaal

3,853,009

14

8

Orange Free State

2,376,995

0

0

£13,419,366

13

6

(2) Cape

£4,031,702

0

10

Natal

1,855,561

1

0

Transvaal

3,033,735

17

11

Orange Free State

2,084,886

18

2

£11,005,885

17

11

In addition to the amounts mentioned at (1), the following advances have been made to the provinces from Housing Loan funds as at 31.12.’28 and are outstanding as at that date:

Cape

£985,383

11

6

Natal

452,193

2

2

Transvaal

721,616

19

5

Orange Free State

329,315

0

0

£2,488,508

13

1

Justice: Natives, Assaults Of and By. III. Mr. PAPENFUS

asked the Acting Minister of Justice:

  1. (1) How many Europeans were prosecuted during the years 1926 to 1928, inclusive, for murders, homicides and assaults upon natives, and what sentences were in each case inflicted as a result of such prosecutions; and
  2. (2) how many natives were prosecuted during the aforesaid years in respect of similar offences upon Europeans, and what penalties were imposed?
The ACTING MINISTER OF JUSTICE:

I fear that hon. members sometimes have little conception of the large amount of work involved in the preparation of the returns they ask for. I have ascertained that it will be practicable to furnish such particulars in regard to cases of murder, indecent assault and rape, but that no statistics are kept distinguishing the race of the victim in other classes of cases. The required information in regard to such other classes of cases could therefore only be obtained by a scrutiny of the original records for those years in all the courts in the Union, which obviously would not be feasible. I shall, therefore, in due course lay on the Table of the House a return giving the desired information in regard to cases of murder, homicides and rape cases.

Justice: Attorney-General, O.F.S. V. Mr. MARWICK

asked the Acting Minister of Justice:

  1. (1) What were the reasons of the Attorney-General of the Orange Free State for declining to prosecute in the case of Rex versus J. A. Lourens, who was committed for trial at Bultfontein on a charge of stock theft; and
  2. (2) whether the stolen sheep were returned to the complainant with the authority of the Attorney-General?
The ACTING MINISTER OF JUSTICE:
  1. (1) The Attorney-General informs me that it is not possible for him to remember with certainty, owing to the lapse of time, on what grounds he declined to prosecute in this case, but that he thinks that it was because further information, obtained after the preliminary examination and after he had indicted for trial, revealed that the case was in the nature of a dispute as to ownership.
  2. (2) The Attorney-General states that in view of the dispute as to ownership, the sheep were probably returned to the person in whose possession they were found. I may add that I submitted the record concerning this case to the senior law adviser, who has commented thereon as follows: “J. A. Lourens was committed for trial at Hoopstad on the 18th November, 1922, on a charge of having on the 10th idem stolen 59 sheep, the property of one B. Fuchs. It appears that 360 sheep belonging to Fuchs had been handed to the accused in December, 1921, under arrangement by which each should receive half the increase and half the wool. When Fuchs came to take over the sheep in November, 1922, there were 65 missing and the shortage was suppled by adding to Fuchs’ sheep certain sheep from the accused’s flock. Thereafter the 360 sheep of Fuchs’ were driven away, and it was alleged that 59 of them strayed from the flock and returned, or were by accused’s servants driven back, to the accused’s farm. It appears, however, that a number of the accused’s sheep were also missing, and that he might have had good reason to suppose that sheep returning to his own flock though bearing Fuchs’ mark were sheep which he was entitled to keep by reason of his having sent off certain of his own sheep with Fuchs’ 360. Much confusion in the matter arose from the fact that Fuchs’ and the accused’s sheep had for a certain time mingled together. Judging on the depositions at the preparatory examination the decision of the Attorney-General not to prosecute appears to have been the correct one. To have proceeded to trial would, in my opinion, have resulted merely in the waste of public money and the subjection of the accused to the trouble and expense of a criminal trial which the evidence available did not warrant.”
†Mr. BLACKWELL:

Arising out of the reply, I see the Minister has taken the trouble to refer the whole record to the senior law adviser of the Crown. May I ask whether he has taken that course or intends to take that course in other cases raised by the hon. member for Illovo (Mr. Marwick), and especially the Bethlehem case?

The ACTING MINISTER OF JUSTICE:

The hon. member will recall that the matter was raised in the no-confidence debate after I had spoken. On enquiry I have found that after the Attorney-General had declined to prosecute, the matter was submitted to the Minister of Justice himself and he agreed with the decision of the Attorney-General in the Bethlehem case. During the debate, and I think on other occasions too, certain insinuations, certain allegations had been made which go very far in impugning the bona tides and the integrity of the Attorney-General. If direct charges of that nature are made, I will order an enquiry, but beyond that, I am not prepared to interfere with the discretion of the Attorney-General in this case or in other cases which have been raised in this House.

†Mr. BLACKWELL:

I understand the Minister to say that if direct charges are made by the hon. member for Illovo (Mr. Marwick) actually impugning the bona tides and honour of the Attorney-General, he will then order an enquiry. May I ask the Minister in what form does he expect the hon. member to formulate such charges? We have reached almost the last stage of this Parliament. May such charges be made in a letter to him, or must they be made on the floor of the House?

The ACTING MINISTER OF JUSTICE:

No, I do not expect charges to be framed on the floor of the House. There has been a lot of tittle-tattle. There have been definite allegations made in the Free State last year, and in one particular case the grossest allegations were made concerning the administration of justice in the Free State. The Attorney-General instituted an action, and I am informed these papers were also sent to the hon. member for Illovo (Mr. Marwick). The Attorney-General instituted an action against the party concerned with the object of having his character cleared. A subpoena, I understand, was issued on the hon. member for Illovo (Mr. Marwick) to come and give evidence, but the hon. member took refuge in the privileges of this House. The case, when the trial came on. did not proceed because the defence taken was that the person who had been making these charges was not in his sound and sober senses. He was ordered to pay the costs. But if hon. members will frame direct charges of corruption and mala tides, I shall order an enquiry.

†Mr. BLACKWELL:

May I say that in putting the supplementary questions I have been putting, I have been following up questions put in the House.

†Mr. MARWICK:

In view of the lengthy attack made on me with regard to the case mentioned, I am sorry that the Minister has not extended to me the courtesy I extended to the Minister of Justice, in advising him of the intention of bringing up the Bethlehem case in the House. But I can speak with absolute certainty of the case I mentioned. Some two years ago Mr. Jensen sent me a statement complaining of the refusal of the Attorney-General in the Orange Free State to prosecute. He forwarded to me certain statements in the form of a pamphlet at a time when private members’ privileges were not available in this House, because of a motion by the Prime Minister, which was carried, in which our privileges were taken away. I replied to Mr. Jensen that his proper course, in view of the responsibility for prosecution having been vested in the Minister of Justice by the 1926 Act, was to communicate with the Minister of Justice, and I returned the pamphlet to him in which he made his accusation and he sent it to the Minister. At a subsequent stage I received a communication from the solicitors of the Attorney-General asking me whether I would give evidence in this matter. I wrote back saying that it was some considerable time since I had seen the papers, and that I was not in possession of them. [Interruption.] I replied I had no evidence to give and a most indistinct recollection of the pamphlet sent to me, but notwithstanding that I received a subpoena and a cheque to go to Bloemfontein. I handed the cheque to the chief messenger of this House, and I refused to make use of it. I notified the registrar at Bloemfontein what seemed to me an attempt to pile up unnecessary costs against the defendant in the case. I obtained from Mr. Speaker a personal document showing that I was busily engaged in my parliamentary duties. With that the matter ended. I have never seen Mr. Jensen and know nothing about him; and that is the beginning and end of the matter. Nor had I at that time levelled any word of criticism at the Attorney-General.

The ACTING MINISTER OF JUSTICE:

If the hon. member will allow me, I replied to the point raised by the hon. member for Bezuidenhout (Mr. Blackwell), and did not intend to deal with the question here. I do not know what connection my hon. friend (Mr. Marwick) had with Mr. Jensen, or what he intended to do; but these very grave charges concerning the Orange Free State Attorney-General were made, and were circulated and broadcasted over the country; and when the Attorney-General took action, by which the matter could be thrashed out—amongst others, the hon. member has been very active in framing general charges [interruption]—half a dozen cases, I do not know for what purpose he raised them, it appears to me he was not satisfied with the administration of justice in the Orange Free State—here was an opportunity, if the hon. member actually believed that that was the position in the Orange Free State, to substantiate his charges.

†Mr. SPEAKER:

We cannot have a further discussion on this matter.

†Mr. MARWICK:

I should like to say that the inference drawn by the Minister is a very unfair one, and I shall deal with the matter on some future occasion.

VI. Mr. MARWICK

asked the Acting Minister of Justice:

  1. (1) Whether in the case of Rex vs. D. J. Jooste, of Boshof, committed for trial on a charge of stock theft, the stolen sheep were returned to the complainant with the authority of the Attorney-General of the Orange Free State;
  2. (2) on what grounds did the Attorney-General decline to prosecute in this case; and
  3. (3) whether the accused’s father and Attorney Scholtz proceeded from Boshof to Bloemfontein to make representations to the Attorney-General immediately before the prosecution was withdrawn?
The ACTING MINISTER OF JUSTICE:
  1. (1) The Attorney-General states that he cannot remember to whom the sheep were returned as these events took place over nine years ago. The usual procedure in these cases is to return the stock to the person in whose possession they were found, unless there are strong reason for acting otherwise.
  2. (2) The Attorney-General informs me that he cannot remember on what grounds he declined to prosecute. This is not surprising, seeing that the case was considered by him more than nine years ago, and that the papers are not available, having been mislaid in the magistrate’s office as explained by me last week.
  3. (3) The Attorney-General does not remember seeing either the accused’s father or Attorney Scholtz in connection with this matter.
VII. Mr. MARWICK

asked the Acting Minister of Justice:

  1. (1) On what grounds did the Attorney-General of the Orange Free State decline to prosecute in the case of Rex v. Piet Heiburg, of Boshof, committed for trial on a charge of stock theft; and
  2. (2) whether the stolen sheep were returned to the seven complainants with the authority of the Attorney-General?
The ACTING MINISTER OF JUSTICE:
  1. (1) It is incorrect to say that the Attorney-General declined to prosecute in this case. What happened was that arising out of the preparatory examination at which the accused P. J. Heiburg was on the 20th of January, 1925, committed for trial at Boshof, the Attorney-General filed two indictments for trial at Bloemfontein. In one of these the accused with another was charged with the theft of 42 sheep the property of A. B. du Plessis, and in the other indictment he was charged on five counts with the theft of nine sheep in all, the property of various persons. The accused came up for trial at Bloemfontein on the 6th of May, 1925, at a criminal session of the Orange Free State Provincial Division at which the Judge-President, Sir E. R. de Villiers, presided. The Crown Prosecutor on the occasion was Mr. Advocate F. C. M. Voigt, professional assistant to the Attorney-General, a highly competent official, who first presented the indictment on which Heiburg was charged jointly with another with the theft of 42 sheep. The accused were defended by Dr. C. F. Steyn, K.C., and the case was tried by jury who ultimately found the accused not guilty. Thereupon Mr. Voigt intimated to the court that the Crown did not intend to proceed with the second indictment on which Heiburg was charged with the theft of nine sheep. I may add that I have submitted the records concerning this case to the senior law adviser, who has remarked thereon as follows: “The prosecutor had discreetly first presented for trial the case which on the evidence seemed to be the strongest against the accused, and having failed to establish the charge in that case, he presumably considered that it would be a needless incurring of public expenditure and an unnecessary subjection of the accused to expense and inconvenience to bring the remaining case to trial. A perusal of the papers leads one to the impression that in adopting this course he exercised a wise discretion.”
  2. (2) The Attorney-General does not know to whom the sheep were returned, but thinks that the usual procedure was followed where the verdict is one of “not guilty” or where the charge is not proceeded with, viz., to return the sheep to the persons in whose possession they were found.
Railways: Non-Smokers. VIII. Mr. SNOW

asked the Minister of Railways and Harbours:

  1. (1) Whether he is aware that very inadequate provision has been made for men and women non-smokers in the electric coaches employed on the Cape Town-Simonstown line and that, although one compartment in each coach has been reserved for non-smokers, such reservation is frequently ignored by smokers; and
  2. (2) whether he will arrange for more adequate accommodation for non-smokers and issue instructions to the responsible officials to protect their rights and comfort?
The MINISTER OF FINANCE (for the Minister of Railways and Harbours):

Since the introduction of a full electric service, only one complaint has been received as to the accommodation provided for non-smokers on the Cape Town-Simonstown line. Formerly, when side-door stock was used on this line, it was the practice to reserve a number of compartments for non-smokers. The accommodation was not, however, availed of to any extent, with the result that frequently the compartments so reserved were either empty or only partially occupied, while other compartments were overcrowded.

Old Age Pensions. IX. Mr. STRACHAN

asked the Minister of Finance:

  1. (1) What is the yearly estimated cost of the Union’s old age pension scheme;
  2. (2) how many applications were received up to the 1st of January this year (a) from white persons, (b) from coloured persons;
  3. (3) what were the numbers of applicants turned down owing to (a) having means in excess of the amount stipulated in the first schedule to the Act, (b) being unable to satisfy official requirements in respect of age; and
  4. (4) what are the total numbers of beneficiaries under the scheme, giving the figures for white and coloured, respectively?
The MINISTER OF FINANCE:
  1. (1) £900,000 has been provided for awards under the Old Age Pensions scheme for the year 1929-’30.
  2. (2) The statistics available do not show the allocation of applicants between whites and coloured, but for the information of the hon. member, I would state that roughly 35,600 applications were dealt with by the end of February, 1929.
  3. (3) (a) 671 claims have so far been rejected owing to means; (b) 841 claims have been rejected on the grounds of applicants being under the required age, but numerous cases are still being investigated by district pensions officers.
  4. (4) According to the latest return, dated 6th March, 1929, the position was: Whites, 25,737: coloured, 8,315.
Pensions Frauds. X. Mr. NATHAN

asked the Minister of Finance what are the reasons for his having given instructions, as set forth in the Auditor-General’s Report for the financial year 1927-’28 at page 123, paragraph (ix), that no prosecutions should be instituted in the two cases there set out, whereby in one instance the sum of £347 was fraudulently obtained from the Pensions Department, and in the other the sum of £778?

The MINISTER OF FINANCE:

The Government did not consider that any good purpose would be served by dragging these unfortunate people through the courts, especially in view of the difficulty experienced in the past in obtaining convictions in such cases.

Mr. NATHAN:

Will the Minister give the reasons why the Government does not want to prosecute?

The MINISTER OF FINANCE:

When the first commission toured the country and investigated these war pensions, it was found that in a large number of cases fraud had been committed, and, as a result, a very large number of pensions were cancelled. Some prosecutions were instituted, but it was considered that it would not be in the public interest to proceed with further prosecutions. I dealt with a further number of cases, in which the Government came to the same conclusion. I may mention that this policy was also the policy of the previous Government in dealing with this matter.

Attorney-General and Prosecutions. XI. Mr. MARWICK

asked the Acting Minister of Justice:

  1. (1) In how many cases were persons charged with (a) arson and fraud, or (b) fraud pertaining to arson, committed for trial by magistrates in the Orange Free State between the 1st July, 1924, and the 1st July, 1928, and in what districts were they charged;
  2. (2) in how many cases did the late Attorney-General decline to prosecute: and
  3. (3) what reasons were given in each case for declining to prosecute ’
The ACTING MINISTER OF JUSTICE:
  1. (1) In three cases. Two were charged in Bloemfontein and one in Bethlehem.
  2. (2) None.
  3. (3) Falls away.
Sheep Inspector Nic Kruger. XII. Mr. MARWICK

asked the Minister of Agriculture:

  1. (1) Whether Mr. Nic Kruger, employed as a sheep inspector by the Department of Agriculture, acted as polling clerk at Mooibank, polling district 208, during the recent provincial by-election in the Potchefstroom district; if so,
  2. (2) whether any disciplinary action has been taken against this officer in respect of his conduct;
  3. (3) whether Mr. N. Kruger was working as an agent for the Nationalist party during the general provincial election in 1927;
  4. (4) whether he was engaged in tracing absentee voters in the Lichtenburg district on behalf of the then candidate, the late A. J. Nel; and, if so,
  5. (5) what action, if any, was taken against him in respect of His conduct?
The MINISTER OF AGRICULTURE:
  1. (1), (3) and (4) I have no information on the points mentioned.
  2. (2) and (5) Fall away.
†Mr. BLACKWELL:

Will the Minister make it his business to get this information about an officer of his own department?

†The MINISTER OF AGRICULTURE:

No, not unless I get a complaint from the hon. member.

†Mr. MARWICK:

What stage has the enquiry reached in regard to Mr. Kruger’s previous infringement of the regulations by identifying himself with a political party?

†Mr. SPEAKER:

That does not arise out of the question.

Potchefstroom School Labourer As Politician. XIII. Mr. NEL

asked the Minister of Agriculture:

  1. (1) Whether a European labourer employed at the Potchefstroom School of Agriculture during the general provincial election in the Transvaal in 1927 was charged with having taken an active part in politics on behalf of the South African party; if so,
  2. (2) whether his conduct was enquired into by the magistrate of Potchefstroom.
  3. (3) what disciplinary offence was he charged with; and
  4. (4) what was the magistrate’s finding?

[The reply to this question is standing over.]

Potchefstroom Hospital Attendant As Politician. XIV. Mr. NEL

asked the Minister of the Interior:

  1. (1) Whether a European male attendant from the Mental Hospital at Potchefstroom was accused in 1926 or 1927 with having taken an active part in politics, because of his having applauded remarks made by Gen. Smuts at a public meeting; if so,
  2. (2) whether his conduct was enquired into by the magistrate of Potchefstroom;
  3. (3) with what disciplinary offence was he charged;
  4. (4) what was the magistrate’s finding; and
  5. (5) who were the witnesses who gave evidence against him?
The MINISTER OF THE INTERIOR:
  1. (1) Stores issuer E. F. Biddulph and male nurse M. D. Esterhuizen of the Witrand Institution for Feeble-minded, Potchefstroom, were charged in August, 1927, with (a) taking an active part in political matters, and (b) conducting themselves in a disgraceful, improper or unbecoming manner in that they obstructed the proceedings at a political meeting on the 6th August, 1927, at Potchefstroom and made objectionable remarks against the local member of the House of Assembly. Esterhuizen denied attending the meeting, and, in the absence of evidence to the contrary, the charge against him was withdrawn. They were not charged because of their having applauded certain remarks made by Gen. Smuts at a public meeting.
  2. (2) Yes.
  3. (3) As indicated in the reply to (1).
  4. (4) That stores issuer Biddulph used two expressions, which action was most indiscreet on his part, that his actions fell within the definition of taking part in political matters, and that his conduct was unbecoming to a public servant. The magistrate recommended that he be reprimanded and this recommendation was acted upon.
  5. (5) Jan Albert Coetzee, Peter Andries Brits, Gilbert Fleischak, Nicholas Kruger and Pieter Retief Pretorius.
Mr. CLOSE:

Can the Minister tell us whether the Mr. Kruger is the one referred to in Question No. 2.

†Mr. BLACKWELL:

Can the Minister tell us whether a member of the public service who makes derogatory remarks about the sitting member of his district is liable to disciplinary action?

†The MINISTER OF THE INTERIOR:

It comes under the Act when he takes part in politics.

†Mr. MARWICK:

What does unseemly conduct consist of?

†The MINISTER OF THE INTERIOR:

The hon. member must put that question on paper.

Mr. GILSON:

Will the Minister say to which political party the accused belonged?

†Mr. SPEAKER:

The hon. member must give notice of that.

†Mr. MARWICK:

Will the Minister lay on the Table the proceedings of the enquiry, and all the relative correspondence, in this case?

†The MINISTER OF THE INTERIOR:

The hon. member must give notice of that, and I will then go into it.

Railways: Claims. XV. Mr. ANDERSON

asked the Minister of Railways and Harbours:

  1. (1) What number of claims were preferred against the Railway Administration for compensation for loss or damage to goods received on consignment by the Administration for the financial years ending the 31st March, 1928, and the 31st March, 1929, or the expired period of the later financial year;
  2. (2) what is the total amount of claims paid and rejected during the periods mentioned in (1);
  3. (3) how many criminal prosecutions were instituted for the theft of goods in transit during the periods mentioned in (1), and how many convictions resulted; and
  4. (4) what is the total annual cost of administering the claims section of the South African Railways during the periods mentioned in (1), and what is the number of officials employed?
The MINISTER OF FINANCE (for the Minister of Railways and Harbours):
  1. (1) (a) Year ended 31st March, 1928, 68,463; (b) Eleven months ended 28th February, 1929, 73,148.
  2. (2) (a) Paid £80,822, rejected £205,408; (b) Paid £67,799, rejected £264,245.
  3. (3) (a) Prosecutions 784, convictions 237; (b) prosecutions 761, convictions 231.
  4. (4) (a) Cost £37,183, No. of officials 105; (b) cost £36,435, No. of officials 118.

The figures given under 1 (b) and 2 (b) refer to all claims, there being insufficient time to analyze separately the details in respect of loss or damage to goods.

†Mr. ANDERSON:

Will the Minister tell the House whether any special measures have been taken to minimize this evil?

The MINISTER OF FINANCE:

This is a matter which is receiving the attention of the Administration continually, and steps are always being taken to protect the public.

Railways: Labourers, Promotion of. XVI. Mr. SWART

asked the Minister of Railways and Harbours:

  1. (1) Whether for the object of promotion of European labourers to higher grades in the railway service, Standard VI is accepted as a sufficient educational qualification; and, if so,
  2. (2) whether the possession of a Standard VII certificate, apart from personal ability, reliability, period of service, etc., entitles such labourers to preference above those who do not possess the said certificate?
The MINISTER OF FINANCE (for the Minister of Railways and Harbours):
  1. (1) Yes.
  2. (2) Not necessarily. Efficiency and general suitability, as in the case of other grades, are the primary considerations, but, other things being equal, a European labourer with Standard VII qualifications would receive preference.
Library, Cape Town. XVII. Mr. SWART

asked the Minister of the Interior:

  1. (1) What is the amount of the annual subsidy by the State to the South African Public Library in Cape Town;
  2. (2) how many new appointments have there been on the staff of the said institution during the last three years;
  3. (3) of these appointments how many are (a) males and (b) females;
  4. (4) how many of the persons so appointed were (a) thoroughly bilingual at the date of their appointment or (b) undertook to become thoroughly bilingual within a specified time;
  5. (5) how many of those referred to in (4) (b) have become thus qualified; and
  6. (6) how many members of the entire staff (a) know only English, (b) know only Afrikaans, and (c) are thoroughly bilingual?
The MINISTER OF THE INTERIOR:
  1. (1) The annual Government grant-in-aid is calculated on the £ for £ principle and in 1928 amounted to £2,610.
  2. (2) Four.
  3. (3) (a) Two, (b) two.
  4. (4) (a) One, (b) three.
  5. (5) One.
  6. (6) (a) Ten. Two of these have a moderate knowledge of Afrikaans, (b) nil, (c) fourteen.

I may add that in selecting candidates for appointment due consideration must also be given to qualifications in foreign languages.

University and Language Medium. XVIII. Mr. SWART

asked the Minister of Education:

  1. (1) How many professors and lecturers are there at the University of Cape Town;
  2. (2) how many of them were born in South Africa;
  3. (3) how many of them were born outside of South Africa, and, if any, where;
  4. (4) how many professors and lecturers give lessons (a) solely through English as medium, (b) solely through Afrikaans or Nederlands as medium, and (c) through both mediums;
  5. (5) how many are able if required to give instruction through both English and Afrikaans;
  6. (6) in how far does the requirement of knowledge of Afrikaans and English apply in the case of new appointments;
  7. (7) what steps are taken at the commencement of the different courses to ascertain how many students desire instruction through English as medium or through Afrikaans as medium; and
  8. (8) what steps are taken to give instruction to students through the medium which they desire?

[The reply to this question is standing over.]

Mr. Smit and the Oath. XIX. Mr. BLACKWELL

asked the Prime Minister:

  1. (1) Whether his attention has been drawn to the incident in the Transvaal Provincial Council when the newly-appointed Administrator of that province refused to take the oath of allegiance to his Majesty; if so,
  2. (2) what were the reasons of Mr. Smit’s action;
  3. (3) whether on all previous occasions an Administrator has taken the oath on taking up office;
  4. (4) whether Mr. Smit is an attorney of the Supreme Court, and as such took the oath of allegiance on being admitted to practise; and
  5. (5) what action does the Government propose to take in the matter?
The MINISTER OF THE INTERIOR:
  1. (1) Yes.
  2. (2) Because there was no legal obligation upon him to do so.
  3. (3) No. From information obtained it would appear that the Administrators appointed at the time of Union in all the four provinces took the oath of allegiance before a judge of the Supreme Court. Subsequently, the oath was taken by Administrators of the Transvaal and Natal only. Upon his re-appointment in 1915, Sir Frederic de Waal was informed by the then Minister of the Interior (Sir Thomas Watt) that it was not incumbent on him to take the oath.
  4. (4) Yes.
  5. (5) In view of the fact that there is no legal obligation upon Administrators to take the oath of allegiance upon assumption of duty, and the fact that a provincial council does not appear to have the power to demand that Administrators should take such oath, and the further fact that the practice in the various provinces has been divergent, the matter calls for investigation and will receive the attention of the Government.
†Mr. BLACKWELL:

May I point out to the hon. the Minister that apparently there has been some confusion between the oath of allegiance and the oath of office?

†Mr. SPEAKER:

The hon. member must confine himself to a question.

†Mr. BLACKWELL:

I am putting a question, sir, but was prefacing it by a statement necessary to the question. It has been thought apparently that the oath the Administrator refused to take was the oath of allegiance. It appears it was the oath of office. Does the Minister’s reply refer equally to that?

†The MINISTER OF THE INTERIOR:

The question referred to the oath of allegiance, and the reply is with regard to that.

†Mr. BLACKWELL:

Is the question as to whether the Administrator should take the oath of office under consideration?

Posts: Telephone Exchange, Cape Town. XX. Mr. SNOW

asked the Minister of Posts and Telegraphs:

  1. (1) Whether there were complaints recently against certain members of the Cape Town Telephone Exchange staff; if so,
  2. (2) what was the nature of those complaints;
  3. (3) whether the Minister ordered an enquiry into the complaints;
  4. (4) what was the nature of the investigation that took place;
  5. (5) what was the reason given by the Telephone and Telegraph Association for refusing to continue to assist in the enquiry;
  6. (6) why did the commission not arrange for an enquiry into the complaints;
  7. (7) whether the management of the Cape Town exchange has been the subject of criticism and complaint for some time past, and whether complaints are still being received;
  8. (8) whether it is the intention of the Minister or department to investigate those complaints under conditions that will guarantee that complainants will not be victimized; and
  9. (9) whether the Minister will lay upon the Table the report and evidence of the Foley enquiry and the correspondence, evidence and report relating to the enquiry which was opened by the magistrate?
The MINISTER OF POSTS AND TELEGRAPHS:
  1. (1) Yes.
  2. (2) Vague and indefinite.
  3. (3) No official departmental enquiry took place.
  4. (4) The Telephone and Telegraph Association were given an opportunity to establish before a magisterial officer whether there were grounds for any official action.
  5. (5) They apparently found themselves unable to substantiate their case.
  6. (6) Because no departmental enquiry had been held.
  7. (7) To a certain extent I am afraid this is so.
  8. (8) The department has the matter in hand.
  9. (9) No. Some of the records are of a confidential nature, and I do not consider it in the public interests that they should be laid on the Table.
Railways: Rolling Stock Orders. XXI. Dr. STALS

asked the Minister of Railways and Harbours:

  1. (1) How much rolling stock, viz., (a) locomotives, (b) coaches and (c) trucks, were ordered or authorized for the financial year 1928-’29 up to date;
  2. (2) how much of these were ordered from overseas and how much of (b) and (c) were authorized to be built in the Union of South Africa;
  3. (3) how much rolling stock of the three groups (a), (b) and (c), respectively, has been delivered during the present financial year up to date;
  4. (4) how much of the groups (b) and (c), respectively, was imported and how much built in the Union; and
  5. (5) what were the countries of origin of the imported rolling stock?
The MINISTER OF FINANCE (for the Minister of Railways and Harbours):
  1. (1) (a) 85, (b) 132, (c) 2,734.
  2. (2) (a) 83 overseas (two orders not yet placed), (b) 58 overseas (74 to be built in Union), (c) 2,680 overseas (54 to be built in Union).
  3. (3) (a) 7, (b) nil, (c) 1,459.
  4. (4) (b) Nil, (c) 1,430 imported (29 built in Union).
  5. (5) Great Britain, Belgium, Germany, Switzerland, United States of America.
Doornkop Enquiry Report. XXII. Mr. ANDERSON

asked the Minister of Labour:

  1. (1) Whether the Minister will lay upon the Table the report of the committee of which the hon. member for Potchefstroom was a member which reported on the position generally at Doornkop; and
  2. (2) if the report in question was not a written report, what was the nature of the verbal report given by the committee?
The MINISTER OF LABOUR:
  1. (1) No written report was rendered.
  2. (2) The verbal report was in general terms and confirmed statements previously made that there was considerable dissatisfaction amongst the tenant-farmers.
†Brig.-Gen. BYRON:

Will the Minister lay on the Table of the House a statement showing the terms of reference, and also the cost of the committee and the cost of obtaining this report.

†The MINISTER OF LABOUR:

I will consider that. This was a sub-committee set up at the request of the Advisory Council of Labour, who wanted information. Members of the sub-committee went to Durban, and saw the Doornkop Estate, and reported back to the members of the Advisory Council of Labour. They reported verbally.

†Brig.-Gen. BYRON:

What was the cost of obtaining the report?

†The MINISTER OF LABOUR:

Just out-of-pocket expenses.

†Mr. ANDERSON:

Were instructions issued to this committee not to send in a written report?

†The MINISTER OF LABOUR:

The committee reported at the next meeting of the Advisory Council of Labour.

Mr. NATHAN:

In view of the interest taken in this matter, why were not instructions given for the furnishing of a written report?

†The MINISTER OF LABOUR:

It was not considered necessary.

Police: Sub-Inspector Beard. XXIII. Mr. MARWICK

asked the Acting Minister of Justice:

  1. (1) Whether a board of enquiry was appointed by the Governor-General on the 11th April, 1928, to enquire into and report upon certain charges against SubInspector Beard, of the South African police;
  2. (2) of what charge was he found guilty;
  3. (3) what was the recommendation of the board of enquiry; and
  4. (4) what action was taken by the Commissioner of Police in this case?
The ACTING MINISTER OF JUSTICE:
  1. (1) Yes.
  2. (2) He was found guilty on a charge of contravening police regulation No. 38, sub-section (15), in that he neglected to do, or improperly performed his duty in the case of Rex v. Tuchman and Ryan by failing to have a mattress, which was seized under a search warrant and was under his control, dealt with in accordance with the provisions of Section 54, sub-section (1), of Act No. 31 of 1917, but did on the contrary render compliance with that section impossible by returning the mattress to the place of seizure.
  3. (3) The board recommended that accused should be severely reprimanded, and that he should lose one year’s seniority in the force.
  4. (4) In view of the circumstances in this case and of the board’s finding, and in view of SubInspector Beard’s previous record, the Commissioner of Police, on the 29th of May, 1928, in submitting the proceedings for the decision of the Governor-General-in-Council, recommended that Sub-Inspector Beard be dismissed from the force. The Governor-General-in-Council thereupon, on the 30th June, 1928, dismissed Sub-Inspector Beard from the force.
Police and Liquor Trade. XXIV. Mr. MARWICK

asked the Acting Minister of Justice:

  1. (1) Whether the Secretary for Justice received a letter dated the 20th February, 1928, purporting to have been written by an old and well-established member of the liquor trade in Johannesburg, in which serious accusations were made against a then officer of the South African police stationed in Johannesburg;
  2. (2) whether the charges made were investigated, and, if so, by whom and with what result; and
  3. (3) whether the Minister will lay upon the Table the relative reports and correspondence on this subject?
The ACTING MINISTER OF JUSTICE:
  1. (1) The Secretary for Justice received an anonymous letter dated the 20th February, 1928, containing accusations against Inspector Trigger in regard to the liquor traffic.
  2. (2) No.
  3. (3) The hon. member can see the letter in my office.
Posts: Clerical and Engineering Pay. XXV. Mr. SNOW (for Mr. Alexander)

asked the Minister of Posts and Telegraphs:

  1. (1) Whether he can say why there is such wide disparity of treatment between the executive of the operating and clerical branch of the General Post Office on the one hand and the executive of the engineering branch on the other in the matter of enjoying advantages of the nature of long-service increments and advancement to higher grades; and
  2. (2) whether the Minister is prepared to adopt a policy of equality of treatment for all post office employees?
The MINISTER OF POSTS AND TELEGRAPHS:
  1. (1) The sections of the staff referred to are in different statutory divisions of the public service, and their circumstances are quite different. The matter of classification and grading of the public service is a function of the Public Service Commission and the position at the present time is the result of the commission’s recommendations which have been accepted by the Government.
  2. (2) The hon. member could not possibly expect me to express myself as being in favour of a policy so wide and indefinite as is suggested in this portion of the question, without a very careful analysis and investigation.
Pension and Railway Funds. XXVI. Mr. SNOW (for Mr. Alexander)

asked the Minister of Finance:

  1. (1) Whether the Government has considered the last actuarial report on the Union Pension Fund;
  2. (2) whether a deficiency is shown;
  3. (3) whether the Government is prepared to make good the deficiency from revenue;
  4. (4) whether it is not a fact that the causes of the estimated deficiency are not likely to recur;
  5. (5) whether the Government will consider the rate of interest being raised from 4 per cent., in view of the fact that the Railway Pension Fund is invested at 4½ per cent., the rate of borrowing by the Government is 5 per cent., and the bank rate is 5½per cent.;
  6. (6) whether the Government will bring forward legislation amending the Public Service and Pensions Act of 1923 so as to provide for a lesser period than 25 years for assessing pensions, as in the case of railway pensions; and
  7. (7) whether the Government is prepared to introduce amendments to the Act providing for a joint board of management for the Union Pension Fund as in the case of the Railway Pension Fund?
The MINISTER OF FINANCE:
  1. (1) The report is still under consideration.
  2. (2) The steps, if any, to be taken to make good the deficiency have still to be determined.
  3. (3) Vide (1).
  4. (4) No.
  5. (5) During the last quinquennium the interest earned by the fund was at the rate of £4 16s. per cent. No action is contemplated at the moment to increase the interest rate of 4 per cent, guaranteed by the Government in terms of the Union Pensions Act.
  6. (6) No.
  7. (7) No.
Divorce. XXVII. Mr. PAPENFUS

asked the Minister of the Interior:

  1. (1) Whether he is aware that in various cases decided in South Africa in actions for dissolution of the marriage tie on the ground of malicious desertion, judges have expressed strong opinions that the legislature should fix a minimum period which must elapse after desertion before a decree of divorce can be obtained;
  2. (2) whether he is aware that, in a recent case which came before the Supreme Court of the Transvaal, Mr. Justice Feetham expressed similar strong opinions as regards “the very unsatisfactory character of the present law which makes it so easy for a partner to obtain a quick release from the marriage bond on the ground of malicious desertion, which inevitably encourages people to enter into marriages lightheartedly and on quite inadequate grounds,” and that in the learned judge’s opinion the effect of the present law must inevitably sap the very foundations of family life in this country; and
  3. (3) whether the Minister, if he agrees, will introduce legislation to remedy the alleged defect in the present law?
The MINISTER OF THE INTERIOR:
  1. (1) Yes.
  2. (2) Yes.
  3. (3) The hon. member will realize that no legislation can be introduced during the present session. I will, however, bear the matter in mind, and at a later date consider the desirability of amending the existing law.
Flag, Photograph of. XXVIII. Mr. ANDERSON

asked the Minister of the Interior:

  1. (1) Whether his attention has been drawn to a photograph, reproduced in the illustrated press, of the Union flag as it was flown from the top of South Africa House, London, on the 31st May, 1928; and, if so,
  2. (2) whether he will ascertain from Mr. Smit, the present Administrator of the Transvaal, why he flew that flag upside down on such a memorable occasion?
The MINISTER OF THE INTERIOR:
  1. (1) No.
  2. (2) The matter is being investigated.
*Mr. KRIGE:

I want to ask the Minister whether he knows that the South African flag which was flown in London was quite faded, and that it is not conducive to the honour of South Africa for the flag to be in that state.

*The MINISTER OF THE INTERIOR:

Yes, the material of the first flags was bad. Since the end of last year, however, the original flags have been replaced by others, and I think the one in London has now been replaced by one of the newer ones.

†Mr. PAPENFUS:

In view of the very inferior quality of the flags sold to hon. members, will the Government, who was the seller, reimburse purchasers their money?

†Mr. SPEAKER:

I am afraid that question does not arise.

†Mr. ANDERSON:

Here is a reproduction of a photo of the flag flown from the top of South Africa House.

†Mr. SPEAKER:

The hon. member can show it to the Minister afterwards.

*Mr. SWART:

May I ask the Minister of what make the first flags were. Where were they made?

*The MINISTER OF THE INTERIOR:

I cannot say, the hon. member may possibly get the information from the Public Works Department, which ordered the flags.

Railways: W. T. McTaggart. XXIX. Mr. MARWICK

asked the Minister of Railways and Harbours:

  1. (1) Whether engine driver W. T. McTaggart, who was dismissed in 1928 for running past the points, appealed to the Railways and Harbours Board under Section 18 of Act No. 23 of 1925 against his dismissal; and, if not,
  2. (2) whether the Minister is now prepared to allow him to appeal and to plead his cause in person?
The MINISTER OF FINANCE (for the Minister of Railways and Harbours):
  1. (1) Engine driver W. T. McTaggart was a servant entitled to Cape fixed establishment rights, and, as he did not elect, in terms of Section 27 of Act 23 of 1925, to become subject to the disciplinary provisions of that Act, he continued to be subject to the Cape civil service regulations, Chapter “B”, and, consequently, had no right of appeal under Section 18 of Act 23 of 1925.
  2. (2) There is no appeal from a disciplinary award approved by the Governor-General under the Cape civil service regulations.
Railways: Weigh-Bridges. XXX. Mr. MARWICK

asked the Minister of Railways and Harbours:

  1. (1) Whether the Administration is provided with a weigh-bridge of sufficient capacity to test at one operation the weight of the heavier type engines in use on the railway system at present; and, if not
  2. (2) what is the maximum capacity of any weigh-bridge at present owned by the Administration?
The MINISTER OF FINANCE (for the Minister of Railways and Harbours):
  1. (1) Yes! The Administration is equipped with weighing appliances capable of weighing at one operation any of the heavy type of engines in use on the railways.
  2. (2) Falls away.
Railways: German Engines. XXXI. Mr. MARWICK

asked the Minister of Railways and Harbours:

  1. (1) How many of the following types of engines, built in Germany, are in use on the South African Railways, and what was their capital cost:
    1. (a) Maffei articulated “U” type,
    2. (b) three-cylinder (Class 18) by Henschel & Sohn,
    3. (c) G.H. type by Maffei,
    4. (d) H.F. type by Henschel & Sohn;
  2. (2) what was the combined aggregate number of days for which the said engines were out of service from their coming into use until the 31st December, 1928;
  3. (3) what is the estimated amount of consequential damage suffered by the Administration, based upon the number of days each engine was out of service at the earning power per day, on the lines of the claim made out by the general manager in the case of the defective 23 American class 15 C. locomotives supplied by an American company; and
  4. (4) whether it is the intention of the Administration to make any claim against the contractors who supplied the engines referred to in (1)?
The MINISTER OF FINANCE (for the Minister of Railways and Harbours):
  1. (1) (a) 10, £121,414; (b) 2, £24,411; (c) 2, £29,051; (d) 10, £98,283.
  2. (2) (a) 1,838 days; (b) 162 days; (c) 405 days; (d) 1,337 days.
  3. (3) (a), (b) and (c) The Administration has no claim for consequential damages; (e) the Administration’s position with the manufacturers of these two engines is under consideration.
  4. (4) (a), (b) and (d) Claims against the suppliers for the cost of making good makers’ defects have been, or will be, made by the Administration; (c) the suppliers of these two engines have undertaken to rectify the defects at their own cost.
†Mr. MARWICK:

Can the Minister tell us the amount of consequential damage suffered by the Administration?

The MINISTER OF FINANCE:

I have no information on the point, but I will bring it to the notice of my colleague.

Indian Registrations by Fraud. XXXII. Mr. MARWICK

asked the Minister of the Interior:

  1. (1) What is the position of an Indian who obtained a registration certificate fraudulently or by misrepresentation in the Transvaal before 1913;
  2. (2) whether any of the cases of this type were brought before the appeal boards;
  3. (3) whether the Government has any information as to whether there are any illicit entrants in the country besides those who have applied for condonation certificates;
  4. (4) what action the Government proposes to take if there are any such illicit entrants;
  5. (5) who will be termed illicit entrants for the Provinces of Natal, Transvaal and the Cape; and
  6. (6) what steps the Government proposes to take to discover illicit entrants?
The MINISTER OF THE INTERIOR:
  1. (1) Unless he applied for a condonation certificate his registration certificate may, in terms of Section 10 of Act 22 of 1913, as amended by Section 5 of Act 37 of 1927, be cancelled, and he may thereupon be deported.
  2. (2) Yes.
  3. (3) No information upon which action can be taken has reached the Government.
  4. (4) Such illicit entrants will be dealt with according to law.
  5. (5) Such persons as cannot comply with the provisions of the immigration laws.
  6. (6) I do not regard it in the public interest to disclose the steps taken to discover illicit entrants who are in the Union.
Voters’ Roll, Potchefstroom. XXXIII. Mr. NEL

asked the Minister of the Interior:

  1. (1) Whether the following voters, namely, (a) voters’ roll No. 621, Ernest Henry Jenkins, and (b) voters’ roll No. 1118, Lionel Alston Houston Rutherford and James Barry, whose names appeared as registered voters in the Potchefstroom electoral division under the numbers above indicated on the 1927 bi-annual roll, were removed from the voters’ roll under the schedule annexed to the last supplementary roll framed in December, 1928;
  2. (2) whether the said Jenkins and Barry have resided uninterruptedly in the Potchefstroom electoral division since the issue of the last bi-annual roll of 1927;
  3. (3) whether the said Rutherford, who left Potchefstroom since the bi-annual roll of 1927 was issued, applied for the transfer of his vote from the Potchefstroom electoral division;
  4. (4) whether the Minister will have the names of the above voters reinstated on the said Potchefstroom bi-annual roll of 1927 or any supplementary roll thereto; and
  5. (5) whether the above voters were precluded from voting at the last provincial byelection held at Potchefstroom?

[The reply to this question is standing over.]

Justice: Attorney-General and J. J. Scholtz. XXXIV. Mr. MARWICK

asked the Acting Minister of Justice:

  1. (1) Whether in the case Rex v. J. J. Scholtz, the offence with which he was charged was alleged to have taken place in the Boshof district; if so,
  2. (2) why was the preparatory examination transferred to Bloemfontein;
  3. (3) what were the charges brought against him;
  4. (4) whether such charges were framed by the law adviser who reported on the case, or by the Attorney-General of the Orange Free State;
  5. (5) whether the Attorney-General of the Orange Free State met the accused on his arrival at Bloemfontein and accompanied him to his hotel; and
  6. (6) whether the same Mr. J. J. Scholtz has been appointed as deputy sheriff of Mossel Bay?

[The reply to this question is standing over.]

Justice: P. J. van Rensburg. XXXV. Mr. MARWICK

asked the Acting Minister of Justice:

  1. (1) What representations were made to the Minister for a remission of fines in the case of Rex v. P. J. van Rensburg and his father, tried at Boshof in November, 1924; and
  2. (2) what proportion has been remitted by the Governor-General?
The ACTING MINISTER OF JUSTICE:

J. J. van Rensburg and his son, P. J. van Rensburg, were convicted on the 5th of November, 1924, by the magistrate, Boshof, of theft of stock and were each sentenced to pay a fine of £100 or to serve twelve months’ imprisonment. On review the Orange Free State Provincial Division of the Supreme Court reduced the fine to £66 13s. 4d. and the alternative sentence of imprisonment to eight months in each case. It would take too long to set out by way of answer to a question, all the representations which have been made by Mr. van Rensburg in connection with this conviction. The Governor-General last month approved of the remission of the fine of £66 13s. 4d. in the case of each of the two accused to one of £35 in each case. The hon. member can see, in my office, the report of the Minister of Justice, upon which the above-mentioned remission was approved, and from which he will also be able to see the nature of the representations which were made by Mr. van Rensburg.

†Mr. MARWICK:

Is the Minister able to tell us whether there was any suggestion that false evidence was given against the accused?

The ACTING MINISTER OF JUSTICE:

The hon. member must give notice of that.

PETITION J. M. MASSEY-HICKS. Mr. BLACKWELL:

I move, as an unopposed motion, and pursuant to notice—

That the petition from J. M. Massey-Hicks, of Johannesburg, who suffered financial losses during the Anglo-Boer war, praying for consideration of his case and for relief, presented to this House on the 8th March, 1929, be referred to the Government for consideration.
Mr. NATHAN

seconded.

Agreed to.

PETITION G. J. BONGERS. Mr. DE WET:

I move, as an unopposed motion, and pursuant to notice—

That the petition from G. J. Bongers, of Nigel, praying that he may be paid the amount still owing him by the Government of the late South African Republic for certain work performed at the post office, Heidelberg, or for other relief, presented to this House on the 2nd May, 1927, be laid upon the Table of the House.
Mr. RAUBENHEIMER

seconded.

Agreed to.

Mr. SPEAKER stated that the petition (No. 593—’27) was upon the Table.

Petition referred to the Government for consideration.

S.C. ON DOORNKOP ALLEGATIONS. The PRIME MINISTER:

I move—

That a select committee, consisting of five members to be nominated by Mr. Speaker, be appointed to investigate and report on imputations made in this House, and more particularly on the 4th and 6th March, 1929, by the hon. members for Klip River, Newcastle and Illovo, upon the personal honour and integrity of certain Ministers of State, to wit—
  1. (a) that in his negotiations with the Doornkop Sugar Estates, Ltd., the Minister of Labour has been influenced by other considerations than those affecting the public interests; and
  2. (b) that some Minister of State received for his private benefit certain bonus shares in the Doornkop Sugar Estates, Ltd., whereby he was influenced to exercise improperly favour for that company in the matter of transactions between the Government and that company;
The committee to have power to take evidence and call for papers; and that it be an instruction to the committee to bring up its report within fourteen days.
Mr. VERMOOTEN

seconded.

†Gen. SMUTS:

I would like to say a few words about this question. I think we all agree that an enquiry should be held in this matter. I go further, and I maintain that an enquiry should have been held long ago. Allegations have been made in this House and outside the House which should have forced the Government long ago to have gone into this matter carefully by way of impartial enquiry, but the Government have sat still for the last couple of years, and now in the last days of a dying Parliament and near the end of the session, they come forward with this motion for an enquiry when there is really no time to explore into this matter. No, I think the Government is very much to blame for having waited so long before taking action. The Doornkop matter has been very much canvassed, not only in this House, but outside, and the Government was well aware of the attitude of people in regard to this scheme, and if they had acted properly they would have followed the example of their predecessors in regard to the Durban elevator case, and they would long ago have moved for an enquiry, but they have sat still and done nothing, and now, at the end of the session, they come forward with an enquiry which, to my mind, is entirely misdirected. The Prime Minister moves that there should be an enquiry into imputations made by some hon. members upon the personal honour and integrity of certain Ministers. If anything was made abundantly clear during the debate last week, it was this— that no imputations of any kind whatever were made upon the integrity or the personal honour of any Minister. I can only recall the circumstances. You will remember, sir, that you yourself, when the hon. member for Illovo (Mr. Marwick) was speaking, called him to order, and the hon. member at once clearly and directly disclaimed any intention whatever of reflecting on the personal honour of the Minister of Labour. At another stage I remember quite clearly the Minister of Labour himself got up and asked whether statements that were being made by the hon. member for Illovo referred to him, and once more the hon. member made it perfectly clear that no reflection was made on the honour or the integrity of the Minister at all. I am quite sure that if any such allegations had been (made during that debate-against the honour or integrity of Ministers, or anyone in the House, you would have called such a speaker to order at once. It is the rule of our House. If there is one thing (which clearly emerged from that debate it was this— that no attack whatever was made on the honour or the integrity of any Minister of the Government.

The MINISTER OF DEFENCE:

Oh, yes, by inference.

†Gen. SMUTS:

I do not understand what the Minister means by that. It is not a matter of inference. Speakers on this side were continually challenged as to whether they were imputing motives or making charges against the Minister, and repeatedly the statement was made most categorically that no such imputation was made. It is the custom in this House to accept a statement like that. When an hon. member, perhaps in the heat of debate, makes a statement and is challenged, and he at once makes it perfectly clear that it is not intended to make any imputation or charge against another member, that is at once accepted. But I infer from this motion that the Prime Minister has not accepted these clear and explicit statements by hon. members that they made no such imputations and never intended doing so. No, I think the whole motion of the Prime Minister is misdirected. We want an enquiry and we fought for an enquiry into the circumstances of Doornkop, but it is futile to direct the enquiry to a point which was not raised, which we have never raised, and which we do not intend to raise. If hon. members opposite want to clear the Minister of Labour or any other Minister, let me say at once—no enquiry is necessary for that purpose. No enquiry is needed to whitewash any Minister.

HON. MEMBERS:

Whitewash?

†Gen. SMUTS:

Let me put it another way. Perhaps that was an unfortunate way of putting it. No imputation was made by us against the integrity and honour of Ministers, and if a select committee or an enquiry is asked for that purpose, let me say at once that, as far as we are concerned, it is not necessary. We do not require such an investigation. I do not know what the Prime Minister is aiming at. I am only repeating what happened in this House. Statements were made in this House which were capable of more than one interpretation. Hon. members who made them were challenged at once, and said that no imputations were made. No, what we have been at here, not once, but many times, is that we want an enquiry into the circumstances and into the whole case at Doornkop. We want to know, and we have never had an explanation, why a company which started as a purely private concern was taken up by the Government and got large advances from the Government; and on the support which our Government gave the company then got an additional large support from the Trade Facilities Committee. We want to know more about the administration of that company, and how it came about that at a certain stage the Government dropped its plan of using the company for land settlement purposes.

The MINISTER OF DEFENCE:

It has been made plain; in “Hansard.”

†Gen. SMUTS:

No, the whole matter has not been made plain. Statements have been made inside and outside the House which should be gone into. For the sound reputation of our administration, enquiry is necessary. If there is one case the Government should enquire into and the country should know about, it is Doornkop. The Government went into partnership with this concern, went some distance with them, it got support from the Trade Facilities and, in spite of our criticism, and, in spite of the difficulties we pointed out, the Government went on. Finally the Government realized they could not see the company through, and threw it over. The result is that we have a large liability resting on the country. The statement has been made, and it has not been challenged, that the Government has a liability of £140,000 in connection with a company in which we have no further interest at all—it is a private concern and run by private people —and we have on interest in it, except that the country is responsible for this very large amount. If ever there was a case for enquiry, this is such a case; it is not a matter of the honour of Ministers, but of their reputation for sound administration. We do not charge them with dishonesty, but with folly. That is the charge—not having done their duty properly in this matter. I want to say that I think the procedure adopted by the Government in this matter is wrong. This is not a matter in which you should proceed by way of a select committee. We are at the end of the session, and have a few days or weeks left to us to enquire into the matter. Witnesses in a case like this are far away from the seat of Parliament. Mr. Maxwell, who made a number of serious charges in the court case, is out of the country and cannot be got hold of within a fortnight. Other witnesses are far away in Natal and the Transvaal; and it is not possible to deal with this matter fairly in select committee. Why does not the Government follow the precedent of the Durban elevator case, where a commission was appointed of an impartial character? That commission, was not set the impossible task of coming to a conclusion within a fortnight. They sat and examined the facts, and made a report which was of value to the country. I ask the Government to proceed in the same manner, and not adopt a procedure which, in its very nature and in the circumstances of the case, must be futile. The select committee can come forward only with a report which is not founded on the real facts of the case. I do not think the committee should be limited to a fortnight. I move, as an amendment—

To omit all the words after “report” in line 3 and to substitute “the origin of the association of the Government with the Doornkop Sugar Estates and the administration of the scheme since then, the justification for the financial assistance given by the Government and its subsequent abandonment as a scheme for land settlement, and the responsibility of the Government for the financial liability now resting on the country in connection therewith. The committee to have power to take evidence and call for papers.”
Dr. DE JAGER

seconded.

The MINISTER OF FINANCE:

I have sat for about 14 years in this House, and this is certainly the sorriest episode of which I have heard. If the right hon. member was in the House, his attitude this afternoon is all the more inexplicable. As far as I am concerned, I am not prepared to allow my right hon. friend to get so easily out of the matter as he is proposing to do. The right hon. member now comes forward with an amendment to have a select committee in regard to the administration of this Doornkop scheme. What must the select committee enquire into? Has there ever been any other subject in this House discussed at such length as this subject has been during the last three years? Is there any fact which can be brought out by the select committee which is not in possession of this House, as far as the administration of this scheme is concerned? What is the most that can be brought out by any committee; that my hon. friend has been foolish, that he has been incompetent, and that the Government is likely to lose a sum of money? Does this scheme differ from many of the schemes inaugurated by the right hon. member opposite during his term of office, schemes in which, while they speak of this Government losing £140,000, their schemes cost the taxpayers millions of money. You did not want a select committee for those schemes. We have not had a demand for a select committee on the question of Government assistance rendered in connection with the sugar scheme at Umfolozi, started by the late Government. I submit that the country has a long history of land settlement failures, and the light hon. member and his friends are quite welcome to any political advantage they can get out of the fact that my friend has been unsuccessful in regard to the Doornkop Estates. We do not want a select committee for that. What we said after a remark put forward by the hon. member for Illovo (Mr. Marwick) was that a select committee should enquire into specific charges. This is the kind of action in which hon. members opposite have overreached themselves, and where they have gone to such an extent that we have been able to get at them. It is all very well for them to run away now. This is one of the most disgraceful things I have ever seen—after mud has been thrown, mud that stuck, to say: “We are not prepared to take the consequences.” The hon. the Prime Minister indicated that he would ask for a select committee as soon as the “Hansard” report was available, and after the law advisers of the Government had had an opportunity of formulating a charge. Well, we have had the “Hansard” report, and the officers of the Crown have gone into the matter, and the result is a motion now standing in the name of the Prime Minister. Hon. members opposite cannot run away now. Did not the member for Cape Town (Central) Mr. Jagger) say it was the duty of the Government to probe the whole matter, and did not the hon. member for Yeoville (Mr. Duncan), one of the fairest members in this House —who was so impressed that he was drawn into this debate—say it was the duty of the Government to inquire into the matter of these bonus shares and other things. Well that is included in the indictment. Let us have the truth about these supposed bonus shares. As far as the motion itself is concerned, it says—

That in his negotiations with the Doornkop Sugar Estates, Limited, the Minister of Labour has been influenced by other considerations than those affecting the public interests.

I think that has been framed wide enough. What was the burden of their charge—that my friend, the Minister, in this mysterious assistance he had given to Mr. Rosenberg, insinuations were made against the Minister, and I think the hon. member intended to convey that my friend the Minister had been moved in this matter by other considerations. I want to read out of the “Hansard” report some of the statements made. This is what the hon. member for Klip River (Mr. Anderson) said—

I think the Minister will do the House a great service if he will say exactly how Mr. Rosenberg came to approach him, and how he knew there was a possibility of money and labour being made available to him in the Department of Labour. . The Minister has never attempted to answer that question, and I do not suppose he ever will. Anyhow, the country will know what to think about it.
An HON. MEMBER:

Willing to wound, but afraid to strike.

The MINISTER OF FINANCE:

Yes, willing to wound, but afraid to strike. And then the member for Klip River proceeds—

That was the reputation this man came to the Minister with, and, notwithstanding that, the Minister took him to his bosom and gave him every financial facility he needed, without making any further enquiries as to his integrity or financial position.
Mr. ANDERSON:

Is that all you have against Klip River?

The MINISTER OF FINANCE:

Why does not my hon. friend not want a select committee now? This is quite sufficient. Then we come to the member for Illovo (Mr. Marwick). What did he say? He read the following—

Who are the people to receive these 19,000 bonus shares?

Rosenberg replied—

I cannot disclose the names.

That is quite enough to poison the minds of the public. I asked the hon. member for Yeoville (Mr. Duncan) when he got up and said the matter should be inquired into, whether he believed in that statement, and that, if so, let us have an enquiry. Then the member for Illovo goes on to say—

I can produce evidence which will make South Africa ring, as far as the origin of this matter is concerned. The Minister would have been the sorriest man to move for an enquiry. The whole of this business reflects no credit on the country. … If the participation of a Minister in this business is proved after enquiry, it is a matter for the public to determine as to how far it is expedient for the Minister to engage in financial transactions which, at a subsequent stage, are assisted by the Government.

Surely that is sufficient. What does that mean? What did the hon. member mean to insinuate by that?

An HON. MEMBER:

Gross incompetence.

The MINISTER OF FINANCE:

I say it is a sorry business. What can you do when hon. members take up a position like this? But some of the mud will stick. They say: “We did not try to throw any mud.” Let them stand by what they said, and I hope the select committee will pass judgment upon them. After what has been said, I do not think it is fair on the part of hon. members opposite, after these things have been published all over the country, to take up the position that they want another sort of enquiry. The House and the country can judge. As far as these insinuations and imputations are concerned, in the opinion of the law advisers it is the duty of this House to agree to the motion of the Prime Minister. It would be cowardly to run away from the consequences.

Mr. DUNCAN:

I hope this matter will be discussed calmly. We are not running away from the demand that we made. From the beginning of these discussions respecting Doornkop, we have stressed the necessity for an enquiry, but only into the administration of this particular thing, because, as the Minister of Finance rightly said, there have been many failures of land settlement schemes. We also want an enquiry as to how it was that the Government came to entrust a scheme of this nature to a man, and to a company, who, to put it in the least offensive way, did not enjoy the best reputation for financial stability. We want an enquiry so that the whole of the statements made in this House can be thoroughly enquired into. It was said at the time that hon. members on this side of the House made no insinuations against the honour of Ministers; but they quoted in this House statements which had been publicly made in courts of law, and which I quite admit do convey insinuations against the honour of somebody; I don’t know whom. The Minister of Finance asked me, referring to me personally, if I believed these things. I do not mind telling him quite frankly that I personally do not believe these things. But what does “it matter whether I believe them or not, or whether any hon. member believes them? That is not the point. These statements have been made public. The mere fact that such statements have been made publicly, and have never been enquired into, have never been contradicted, is an additional reason why there should be an enquiry. These statements have been made publicly, and the public have been left to draw their own conclusions from them. The objection that we have to this form of enquiry is that there is no time during this session to make an enquiry of this nature. If you are to enquire into the statements made against the hon. the Minister, you will have to do something to test the statements publicly made in courts of law, to ascertain whether they are true or not.

The PRIME MINISTER:

It is giving you the opportunity.

Mr. DUNCAN:

We are not the persons who made the statements.

The MINISTER OF MINES AND INDUSTRIES:

You have repeated them.

Mr. DUNCAN:

When statements of this kind are made in open court, it is our duty to bring them up here. We have no hesitation in accepting that responsibility. I submit that this form of enquiry, limited to a report within 14 days, is a farce from beginning to end. It cannot possibly do any good. There is no time to go into these matters. It is doubtful whether a select committee within the time allowed could reach some of the people whose evidence would be material. The Government have a very serious responsibility for raising the matter in this form, and not constituting an enquiry competent to deal with the matter, allowed sufficient time to go into these matters outside of any political influence whatsoever. We are not running away from an enquiry. Our objection to this motion is that the enquiry is too narrow in its scope, the time allowed is totally insufficient, and that it cannot possibly do anything material towards investigating this very grave matter. We object to it being said that we are making statements against the honour of the hon. gentleman. We are making statements which it is our duty to make, and we are quite in order in doing so.

†The MINISTER OF DEFENCE:

I will deal with the matter as temperately as I can. I think we resent, on this side of the House, and we have a right to resent the mixing up of two totally different and separate things. Members of the Opposition are welcome to indict our conduct of affairs, to criticise and to bring as strong a case as they like against our capacity in any department of Government; but I have sat in this House for a good many years and I have always looked upon it as a recognized thing that party disappeared altogether where any member felt he was entitled to satisfaction because aspersions had been cast upon his honour. Quite distinct from the good management or otherwise of this Doornkop business, if there is one thing which is beyond a doubt it is that if you take the statements made by the hon. members opposite, take the concatenation of circumstances, take the way in which they have pressed the point, the way in which they have connected in their language the statements made by Mr. Maxwell, stressing that they were made on oath, stressing that these 19.000 shares were mysteriously connected with Ministers, it is beyond doubt that statements have been made reflecting upon the honour of the Minister. The hon. member for Yeoville (Mr. Duncan), who is an honourable man, would be the last man to sit still and allow imputations of this kind to be made on his personal honour without demanding an enquiry. The hon. member is attacking this matter with less than his usual candour. He is not acting up to his own standards; he is not acting up to those standards which we on this side of the House have been accustomed to associate with the hon. member. In this matter we must not lose sight of two or three very clear and relevant facts. The hon. member for Illovo (Mr. Marwick) made certain statements one night when Mr. Speaker was in the Chair regarding my hon. friend behind me (Mr. Boydell), and there is not the faintest doubt that anyone reading a report of that speech would infer that there was a very close connection between the 19,000 shares and my hon. friend behind me; otherwise the remarks were quite irrelevant. The next afternoon when my hon. friend raised the point, did the hon. member for Illovo do that which we have always done at one time or another—without the least argument, categorically and clearly deny any imputation? No, sir, he spoke in such a way that Mr. Speaker had to interpret what was in his mind. That is not what we are accustomed to in this House. On more than one occasion I have said things which I afterwards felt were wrong, and I have had no hesitation in my better moments in withdrawing them and in apologizing for them. Look at the effect of these remarks on the mind of the hon. member for Cape Town (Central) (Mr. Jagger) on the following day. The hon. member declared—

If the Minister of Labour had any regard for his honour and administration he would support such an enquiry.

There is the effect these statements had on the hon. member’s mind. The word “honour” was never used in connection with him in regard to the Durban grain elevator; none of his political opponents dreamed there was anything against his personal honour in connection with that. The hon. member for Illovo used similar language.

Mr. DUNCAN:

If these statements are true, they cannot but have one meaning.

†The MINISTER OF DEFENCE:

I appeal to the hon. member who has just spoken—he would be the last man in this House to deny any fellow-member—the most insignificant member—against whom insinuations of that sort had been made, the right of having them investigated, and those who made them give an account of themselves before a select committee of his fellow-members. If there is one thing we try to keep out of debate, it is reflections on the personal honour of members or Ministers, however incompetent they may be.

Mr. DEANE:

The rules provide for that.

†The MINISTER OF DEFENCE:

The hon. member the next day denied that he meant that, “It is all very well to dissemble your love, but why did you kick me downstairs?” It is no good afterwards saying, “I didn’t mean it.” Then he went on to repeat it. I ask any fair-minded man what point is there in saying what a witness swears to, if it practically appears to impugn the honour and integrity of a Minister unless he means it to have that application. Did he mean it to have that application?

Mr. BLACKWELL:

Would you settle this without Mr. Maxwell being in the country?

†The MINISTER OF DEFENCE:

I do not think the hon. member for Illovo, and other hon. members would have talked of making South Africa ring with these dreadful scandals if they had nothing more at all than just these quotations out of a certain unknown Mr. Maxwell’s evidence.

Mr. BLACKWELL:

He is not unknown.

†The MINISTER OF DEFENCE:

Presumably the hon. members must have had some other information which they felt justified them. Let them produce that information.

†Mr. MARWICK:

The whole issue in this matter has been obscured by bringing into the forefront the charge that there has been imputations upon the personal honour and integrity of Ministers. Mr. Speaker applies the salutary rule which does not permit of any imputation being cast upon a Minister or fellow-member in course of debate, and “Hansard” shows that he was entirely mindful of this rule while I was speaking, but now, at a later stage, the House is faced with a notice of motion such as the present one, which is virtually a challenge to the accented procedure of the House, because it declares that imputations were made and by inference were permitted by Mr. Speaker. I maintain that throughout the whole of the discussion on this matter I have not done any more than a public duty, and a duty which my position in this House requires me to do. When the evidence which I quoted as having come from Rosenberg was given in the first place—the evidence of Mr. Rosenberg to the fact that in May and June, 1924, he approached certain people and asked them to participate with him in taking up certain blocks of land, mentioning names and among others the names of a Minister of the Crown—what was the duty of the Government at that stage? Was it not the Government’s duty to investigate that and the further use which Mr. Rosenberg was alleged to have made of the names of Ministers and the Government throughout the length and breadth of the land? What was the duty of the Government under those circumstances? They did not carry out their obvious duty, which was to have investigated these reports and to have held an enquiry there and then as to the statements that became current as a result of the Maxwell case. In spite of that they continued to support this man and gave him the services of 100 tenant farmers and a subsidy of £33,000. He had actually said on oath—

I approached numerous of my friends to participate with us, and to take up these block of ground, for in my own mind I was quite confident that the investment was good. I approached the hon. Justice—

I am not going to mention his name. Asked whether he had approached people whose names had been mentioned in court, Mr. Rosenberg replied that he had. The names that had been mentioned were those of a Minister of the Crown, an officer of the C.I.D. and a surveyor-general.

†The MINISTER OF DEFENCE:

On a point of order, will the hon. member lay those papers on the Table?

†Mr. MARWICK:

I am willing to lay the papers on the Table. They are a transcript of the shorthand notes taken by an official shorthand writer, Mr. J. S. Lewis, in the case of Maxwell versus Rosenberg. Is there any suggestion that I am misquoting?

The MINISTER OF DEFENCE:

Does not the hon. member know that under the rules of this House, when a Minister quotes from an official paper, it can be demanded that it be laid on the Table, but in the case of another member it is entirely in his option?

†Mr. MARWICK:

I have not observed a similar disposition on the part of the Minister to place me in possession of documents. I shall quote a further statement of Mr. Rosenberg in a similar verbatim report of evidence, which I am also willing to lay on the Table. Under cross-examination the question of certain documents is referred to, and Mr. Rosenberg is asked—

Did you show that document, as a matter of fact, to Mr. Roos?—I do not remember. You do not remember?—No. It is more likely that I did not show it, but I did discuss with him the matter. Why is it more likely that you did not show it to Mr. Roos?—Because it is most difficult to get Mr. Roos occupied in these things, and one does not want to worry him with all these things. The marvel is you got him interested at all?—He has been a friend of mine for the past 25 years, and whenever I was in doubt or in trouble I always found him ready to come to my assistance.

That was the sworn statement of Mr. Rosenberg. If the Government had been anxious to enquire into all these statements in their relation to the Doornkop estate, then was the time to have done it, and not to have brought forward their present motion, which will exclude these matters from the field of enquiry. It will be remembered, the Minister of Justice in this House declared in August, 1924, that he would not again directly or indirectly guarantee a proposition such as the one he had guaranteed, that of the Doornkop sugar estates, a land-selling proposition pure and simple, in which plots were held out under a most flamboyant advertisement in the “Sunday Times.” The records in the Rosenberg case show that in a little more than 12 months later Maxwell’s representative interviewed Mr. Roos, and Mr. Roos absolutely vouched for Mr. Rosenberg’s honesty. These things were published in the “Natal Sugar Journal” after statements of a very different character in regard to the de Villiers judgment regarding Rosenberg had been published in South Africa. Did the Government show themselves anxious to enquire into the facts then and find out why Mr. Rosenberg was making free, and apparently unauthorized use of the name of the Government? When I spoke the other evening of the statements that I have quoted, I said, “It is possible that these statements are a pure invention, but the circumstances demand an enquiry.” Throughout the whole of my attitude in the matter—I think the Minister of Labour, from his interjection, is a little distressed.

The MINISTER OF LABOUR:

You demand an enquiry and then you don’t want it.

†Mr. MARWICK:

That just shows the exceedingly unfair attitude of the Minister. He knows very well that the enquiry asked for from this side has been such an enquiry as he himself moved for in connection with the grain elevator. He knows very well that on that occasion the whole of his statements were taken into consideration and that, in the framing of the grain elevator terms of reference, there was not a single particular in which the wishes of the Opposition were not fully consulted and met.

The MINISTER OF LABOUR:

I never impugned anyone’s honour.

†Mr. MARWICK:

I am glad the Minister has mentioned that, because in the first place Hansard shows that whilst I was speaking the Minister himself realized his honour was not impugned, because when he raised a question in this House you, Mr. Speaker, ruled, as shown by Hansard—

I understand the hon. member is not referring to the Minister.

and the Minister’s interjection was—

A very good job.

showing that at that stage the Minister himself realized that he was not being referred to. On the following day the Minister sought leave of the House to refer to the matter in this House as a question of privilege, and that was granted. He stood up, and what did I do? I quoted word for word from the unrevised transcript of the Hansard notes what I had said on the previous evening. The Minister did not do me the courtesy of letting me know he was going to raise that question, and it was only by the merest accident that I had the uncorrected proof there. Before I looked at it I said “I will stand or fall by what I said last evening.” It is on record in the Votes and Proceedings that you, Mr. Speaker, ascertained from me that I did not reflect noon the personal honour of the Minister, and the matter ended there. He now comes forward with a much wider allegation, including the hon. member for Newcastle (Mr. Nel) and the hon. member for Klip River (Mr. Anderson). When he rose as a matter of privilege, he had listened to the speeches of both these members, and not in the remotest manner does the Hansard report suggest that by a single word or insinuation did they say anything to which the Minister could demur. As might have been expected, you yourself, Mr. Speaker, made no comment upon the speech of either of those members. Yet they are named with me as having made imputations upon the Minister which the procedure of this House makes it impossible for us to have made. If we had made any such imputations what would have taken place? Mr. Speaker would have called on us to withdraw the imputations, and if we had still maintained that such imputations were justified, we should have had to bring them forward by way of substantive motion. Now the whole of the Prime Minister’s motion is, to my mind, simply an amplification of the attempt of the Minister of Labour to try to establish a smoke-screen with regard to the real facts in relation to the Doornkop Estates. Will the Prime Minister do as his predecessor did when he was in office? When the present Prime Minister was leader of the Opposition, he moved for a select committee to inquire into certain matters and one of the hon. members on the Opposition side moved for a select committee in certain express terms. My honoured leader accepted every word of the motion that the then Leader of the Opposition brought forward and embodied it in the terms of reference. Will the Prime Minister reciprocate to-day and accept the amendment the right hon. member for Standerton (Gen. Smuts) has moved this afternoon? That reflects in plain language what we have maintained is necessary. It is of no use the Minister of Finance endeavouring to work up indignation against statements which were made in good faith and in conformity with one’s public duty in this House—statements the origin of which have been duly disclosed. I have never made a statement in this House by which I am not prepared to stand by. The Prime Minister’s motion in the first place sets out that the select committee is to inquire into statements which we never made. It sets forth that imputations have been made on the conduct of Ministers. The records of this House show, when this question was raised during the course of debate, at the earliest possible moment on the following day I denied that any imputation had been made and under the ordinary procedure of this House my assurance was accepted. The Minister now comes forward and asks us to limit that inquiry to that matter of imputations on the honour and integrity of Ministers. How is it possible then for the origin of this ill-fated Dornkop venture to be inquired into? What the motion asks is impossible, and it is tantamount to calling upon people who are beyond the reach of this tribunal to make good their statements within a fortnight, when it is well known that the people who make that demand are at present more than fourteen days’ travel from this place. Could anything be more preposterous and put a greater strain on the patience of the country and the attitude of the public outside this House towards a serious question of this kind? Let me remind the Prime Minister that this is not a matter bounded by the horizon of his Cabinet room. It is a matter that goes far beyond the boundaries of the Union—the attitude of the Government towards this and other matters of this sort—which has not reflected in the first place upon the wisdom of Ministers. You have for the first time in the history of the Parliament of South Africa a Minister’s name being used in a land settlement advertisement in such a manner as entirely to deceive the public, because as is subsequently shown by the evidence, the Minister’s letter which stressed the value of the guarantees which were offered by the company was shown to be written under a misapprehension. Mr. Aitken’s evidence shows that the guarantee sponsored by the Minister of Justice never existed. The irreproachable personnel of those connected with the company was also vouched for by a Government official.

Mr. WATERSTON:

You are not making charges; you are letting the other fellow do it.

†Mr. MARWICK:

I am not making any charge at all; I am at present merely quoting what was said by an ill-advised official who lent his name to an advertisement of a land settlement scheme. No fewer than two officials emphasised the irreproachable character of the personnel connected with this proposition, and did that at a time when at least one of them must have known if he consulted the dockets in his own office that the particular person to whom he addressed the letter had in unmeasured terms been condemned by the present Acting Chief Justice of South Africa; and it was certainly not fair to the public to praise the irreproachable personnel of that concern when the managing director had been condemned in such unmeasured language by that judge. This inquiry will show the outside public that the Government, unlike the Prime Minister’s predecessor, has not been willing to allow a flood of light to come on to a question where it has been suggested throughout the country that matters have not been what they ought to have been. The presence of Mr. Speaker in this House is a guarantee of the fact that no imputation has been or can be levelled at the humblest member of this House without the proper procedure being insisted upon. No sort of imputation or reflection is allowed in the House unless a substantive motion has been drawn and properly tabled. As far as I am concerned, it is perfectly clear that the demand for a select committee emanated from this side of the House, and that we were the people who moved for it. To indicate the wide scope of that committee, I wish to read the motion which stood in my name, on the 4th March this year, as shown in the Votes and Proceedings. [Read.] That motion was simply an indication of the scope of the enquiry we desired. The scope was also referred to in the amendment referred to by my leader, and I hope the Prime Minister will agree to it. This matter should be enquired into by an impartial body, and then the public will be satisfied. I have no object but to draw attention to the fact that an enquiry into this matter is needed.

The MINISTER OF MINES AND INDUSTRIES:

The speech of the hon. member who has just sat down has been a direct refutation of the statement by the leader of the Opposition that this proposed enquiry is misdirected. The speech of the hon. member who has just spoken shows that it is very properly directed. The burden of his subject was that it was not a matter of personal honour and integrity. It was for the rest a very sorry exposition. If one takes the text of it one finds that it is interladed with numerous innuendoes and insinuations which can only touch the honour and integrity of the ministers concerned. The plausible excuse has been advanced that there is no case for enquiry as regards personal honour and integrity, because the Speaker would have ruled out of order any unparliamentary language or innuendoes. That is surely a very miserable effort. It is not parliamentary to say that an hon. member has told falsehods, but it is parliamentary to say that the hon. member has been indulging in terminological inexactitudes. Everyone knows what that means. The Speaker’s ruling cannot concluded the matter. You have to take the gist and the spirit of these interlardments. I challenge any impartial and fair-minded man to say that they did not have one thing for their object. The hon. member for Klip River (Mr. Anderson) spoke of camouflaging the position. Does not that affect the Minister’s personal honour? Of course it does. I am not taking an isolated instance. A Minister who comes into this House in connection with a matter repeatedly referred to and is charged with camouflaging the position, is practically accused of dishonourable conduct. We have heard the excuse that these were only quoted imputations. An hon. member who quoted anything, whether it be out of evidence given in a court of law, which touches the honour and integrity of another member, whether he be a Minister or not, takes the responsibility of that quotation. They have assumed this responsibility, and now we get them running away from the position. I take another instance. The member for Klip River said—

No doubt the country will know what to think of it.

What other fair construction can be put on that but that he intended to convey that the public will know that everything was not square and above board. Then the hon. member for Klip River spoke of the Minister taking to his bosom persons whose personal integrity was in doubt. What is the fair construction of that? Now I come to the hon. member for Newcastle (Mr. Nel) who spoke of “the inexplicable hold Mr. Rosenberg has on the Minister. It is a rotten and unsavoury business.” Surely in any court of law what would the ordinary man think of such language, and what construction would he place upon it. Then we have the hon. member for Illovo (Mr. Marwick) speaking of Mr. Rosenberg’s participation in bonus shares, and saying that he whole statement of Mr. Rosenberg was an invention “and it is my duty to lay before the House the facts disclosed and to press for a select committee of enquiry.” What is the select committee in connection with Mismanagement, or with matters touching the honour or integrity of the Minister? Then we have the hon. member for Illovo speaking of “this strange infatuation of the Minister for Mr. Rosenberg.” What is the meaning of that? What has that to do with incompetency or mismanagement? Then we have a long effusion by the same hon. member about bonus shares. They only bear one construction, but what have they to do with the success or non-success or bad management of this concern? I now come to the hon. member for Yeoville (Mr. Duncan) who stated that what they said was that these statements have been made public and under oath, and that certain shares were used to get facilities from the Government. What has that to do with bad management? All these statements can only be interpreted as applying to the personal honour and integrity of the persons concerned, and especially of certain two Ministers. So that impartial people, taking all these statements together and their general trend, will put only one construction upon them, and that is the construction I have put before the House.

Sir THOMAS WATT:

The House knows very well that the hon. the Minister who has just spoken is a very able advocate, but it must be apparent to everybody that he has been totally unable to find any charge against the personal honour of the Minister in any of the statements made by members on this side of the House. He is straining the meaning of the statements made in order to support this case put forward for an inquiry of this kind. There is no doubt that the charges made by the hon. member for Illovo (Mr. Marwick) were made in quotations from statements made in open court, and it is surely not unfair for a member to stand up in this House and quote evidence when he thinks it is in the public interest to call for an inquiry. The hon. member is being charged with bringing forward this evidence, and because he will net say it involves a personal charge against the Minister, a charge against his honour, the Prime Minister charges the hon. member with running away. All that the hon. member said was that certain statements had been made on oath regarding the origin and administration of this affair, and regarding the connection of the Government with this company, and it was the hon. member’s duty, if he thought the public interest was being sacrificed, to ask for an inquiry. That is what he has been doing all this time. For the last few years he has been asking for an inquiry into this matter, and, of course, it must be a comprehensive inquiry, and it must go to the root of the matter. There is no doubt that the hon. the Prime Minister is afraid to face an inquiry into the whole origin of this highly unsatisfactory matter. We know that this company was started under the aegis of a Minister of the Crown, under the recommendation of a judge and of the head of the Criminal Investigation Department and the Surveyor-General of the Transvaal. I think the public have a right to know how these gentlemen were engaged in an undertaking of this sort. It is quite contrary to all the traditions of the public service for this sort of thing to happen. When we hear that 19,000 shares have been used for the purpose of obtaining facilities from the Government it does not necessarily involve the personal integrity of the Minister of Labour, but it calls for enquiry. Nobody has charged him or any other Minister with receiving shares, or with stealing sugar, or doing anything else dishonest, but we do say that the circumstances of this case which have been broadcast throughout the country should be inquired into. Is there some skeleton in the cupboard? Is there something hon. gentlemen are ashamed of? Why don’t they have an inquiry into all the circumstances? It is all very well for the hon. the Minister of Finance to say that there is no need to inquire into the circumstances of the case, other than the personal honour of the Minister. We have had one-sided statements flung across the floor of the House, partly by this side, and partly by the Minister of Labour, and we want to know the facts as the matter has now gone so far that any attempt to narrow the scope of this inquiry will not give satisfaction either to this House or to the country. We must have a full and impartial inquiry into the whole of the circumstances of this matter.

Mr. WATERSTON:

Hon. members on the other side of the House have in the course of their speeches made insinuations against the honour of the Minister. They cannot get away from that. The hon. member for Illovo (Mr. Marwick) says, “I make no insinuations; I make no charges.” Why did the hon. member say that? Because he knows he cannot prove any charges. But the hon. gentleman, while asking for an inquiry into the financial arrangements made by the Government in connection with Doornkop, and while he says he makes no charge against the Minister, he keeps on quoting in this House statements made by persons outside who certainly made imputations against Ministers. If hon. members on the other side of the House had stuck to their demand for an inquiry into the management or mismanagement of Doornkop, whether it had or had not been a success, then there would have been no necessity for the motion of the Prime Minister: but hon. members, in order to back up their case for an inquiry, put up a case for an inquiry into the mala fides or otherwise of Ministers, and when they are taken up on that question they run away from it. On a previous occasion when the hon. member for Bezuidenhout (Mr. Blackwell) raised a question in connection with the honour of certain members of this House, I said that hon. members on the other side of the House, or on any side of the House, could not continue to throw out insinuations against the honour and integrity of members of the House without lowering the reputation of members of the House generally.

Mr. BLACKWELL:

I asked for an inquiry.

Mr. WATERSTON:

The hon. member assisted in spreading throughout the length and breadth of the land certain imputations on the characters of Ministers; I do not say he did it deliberately. The hon. member for Illovo (Mr. Marwick) is not responsible for the fact that newspapers are stating that as the honour of a Minister has been impugned there is need for an enquiry. The imputation is that there has been something shady in connection with Doornkop on the part of certain Ministers of the Crown. It is a peculiar thing that the Minister of Labour happens to represent a Natal constituency, and that the hon. members who are pursuing the matter most bitterly, also happen to represent Natal constituencies. When I was in Natal I heard hon. members opposite doing everything possible to use this question not for the purpose of ascertaining facts, but for political purposes, in order to “down” one of their political opponents. The impression that has been given in Natal is that there is something corrupt or dishonest in connection with this matter, and the Minister of Labour is not entirely cleared.

Mr. ANDERSON:

Let us have a full enquiry.

Mr. WATERSTON:

Certainly into the question whether the Minister of Labour or the Minister of Justice have done anything they should not have done in connection with Doornkop. Hon. members opposite, however, do not want an enquiry into that. I listened carefully to the hon. member for Illovo, who is known almost as a reproduction of one of the characters in “Pilgrim’s Progress,” but I ever heard one word from him in favour of an enquiry into Doornkop; the whole of his speech consisted of quoting charges made by someone else. There was certainly an imputation against the honour of some Ministers. The hon. member for Port Elizabeth (Central) (Col. D. Reitz) stated that when allegations were made against the Department of Lands they were enquired into by a select committee. That is not correct. The question before the select committee in connection with the land failures of the late Government when the hon. member was Minister of Lands, was that of reducing the overhead charges for land and water in order to enable the settlers to make good, but there was no enquiry into the administration of the Minister. There is no doubt that, directly or indirectly insinuations have been made against Ministers in connection with this matter. Hon. members opposite now have an opportunity of coming forward with actual facts, instead of repeating tittle-tattle, but instead of doing that they are running away and saying they want an enquiry into the whole scheme. If they had said that before there is no doubt that the matter would have been settled. They cannot blame the Government for taking up their challenge and saying “Let us have an enquiry.” The hon. member for Illovo now has an opportunity of having the allegations to which he has referred, dealt with, but apparently he does not want them dealt with at all. If many of these statements and charges were not taken up by hon. members and publicity given to them by speeches here, the public would take no notice of the allegation made by individuals, such as those mentioned by the hon. member for Illovo. It is when hon. members repeat these charges that the public begin to think there is something wrong. Hon. members opposite have repeatedly stated that in the interests of the Minister there should be an enquiry. Well, I have known the Minister of Labour for many years, and if every public man in. South Africa were as straight as he then we would have no fear of Government corruption. Why should the Minister burke an enquiry? Everybody makes mistakes sometimes —there is not a single hon. member who, in his private or public capacity, has never made a mistake. The insinuation has been made that the Minister is afraid to have an enquiry because there is something crooked in connection with Doornkop. That is the insinuation and members cannot get away from that fact. It is high time that hon. members in this House ceased their attacks and insinuations against the personal honour and integrity of other members in order to gain political advantage. They are dragging the whole standard of public life down to a very low level indeed. It has been done in the past. Members have not hesitated to spread propaganda and make insinuations in connection with the honour and integrity of men in public life who in their hearts they know are not guilty of such offences. They have done it for political party purposes, and I say it is time this sort of thing stopped. Let us differ on questions of principle, and let us point out where we believe mistakes have been made; but let hon. members refrain from doing what they have been doing for some months and even years, impugning the honesty and integrity of men who happen to be opposed to them. They did it in connection with the Mining Regulations Commission. They came forward with the charges and then found on investigation that there was not an atom of ground for those charges. They say: “We do not make these charges.” They quote someone else as having expressed opinions, but that does not alter the fact that in the eyes of the public they have brought certain charges. In connection with the Mining Regulations Commission and other matters raised by members over there, they have questioned the honour and integrity of the hon. member for Vrededorp (Dr. Visser) in connection with railway sleepers, and they have questioned the honour and integrity of the Minister of Agriculture in the past. There is hardly a member or a Minister on this side who has taken any part in public affairs in this country whose honour and integrity have not been challenged directly or by insinuation. I am very pleased indeed that the Prime Minister has moved for a committee of enquiry into these charges which the hon. member for Illovo (Mr. Marwick) says he has not levelled, but which the hon. member has levelled. And if the hon. member were making these statements outside the House and were brought before a magistrate on a charge of libel, he would find he would be found guilty very quickly, because it is not only held libellous to make statements about an individual yourself but also to repeat statements made by someone else. I say the hon. member under the privilege of this House is circulating broadcast throughout South Africa things which are sinking into the minds of people as being something derogatory to the honour and integrity of the Minister. They know they are doing it, and they are doing it purely for political purposes.

†Mr. ANDERSON:

I do not know whether the Minister of Labour is attempting to evade the issue in this matter or whether it is other members on that side, but it must be quite evident from the debate that the Government are not willing to have a thorough and comprehensive enquiry into the whole of the circumstances surrounding this matter of Doornkop. That is quite apparent and the terms of reference mentioned in this motion reduce the whole matter to nothing short of a farce. You are going to have a mock enquiry, a sham trial and then the result will be that you will come out and say the Minister of Labour is an injured innocent as well as all the others who have been mixed up in the matter. The Minister of Labour cannot say that throughout my connection with the Doornkop company I have ever imputed to him dishonest motives in connection with his handling of this matter. The Minister only two or three days ago, after I had made a speech of some 40 minutes, said he had heard the same speech delivered by me two or three times in the House and he did not take the slightest exception to what I had said. Moreover, the Minister knows that I specially and purposely refrained from imputing improper motives to him in connection with Doornkop because I have stressed, times cut of number, my opinion that the muddle and mess are due entirely to the fact that the Minister never had a business training, that he is inexperienced, and was pitted against an exceedingly clever and unprincipled man who has outwitted him and obtained certain financial facilities from him in that way. That has been the burden of my case ever since I had anything to do with the Doornkop company. What are we told? We had the whole of the charge against me read out by the Minister of Finance. If that is all that is imputed against me, the sooner the Minister of Finance gets up and admits he has no ground for saying I imputed improper motives to the Minister of Labour, the better for him. This is what I said which has been taken exception to—

What I want to know is how the Minister came to have anything to do with a man of the reputation of Mr. Rosenberg, and how he came to stake the taxpayers’ money in a venture controlled by this man is inexplicable. The Minister has never attempted to answer that question. The country will know what to think of it.

I say the Minister has never attempted to answer that question. I say again I do not suppose the Minister will ever explain how he came to take to his bosom a man who was unknown to him, and a man whose reputation at any rate was an unsavoury one. When I asked him who introduced this man, the Minister did not answer. Is the inference to be drawn from my remarks that I accused the Minister of a lack of integrity and of dishonourable conduct. No. Subsequent to that, I said this—

The trouble is that the Minister never had a business training. He should never have taken in hand a thing of this kind, particularly in the case of a man like Rosenberg, an exceedingly clever and unprincipled man, far too clever for the Minister.

I have repeated it every session since 1926. I have said it outside, and I have said both inside and outside the House that I have never suspected the Minister of anything dishonourable in connection with Doornkop. Friends of mine on this side of the House will bear me out. Whatever I may think of others I have never suspected the Minister. To show how hopelessly weak the case against me is, in connection with the charge of imputing improper conduct to the Minister, I may say that the Minister of Mines and Industries mentioned the word “camouflage” which I used; because I used that word it was an indication that he had been guilty of dishonourable conduct. This is the statement I made “the Minister in the new agreement … by way of camouflage made provision on white labour lines.” In order to make my position perfectly plain in regard to this matter, I want to remind the Minister what I said on the following day, I think it was, in winding up the debate. I based my speech on the incompetence of the Minister in handling matters of that kind, and I attributed the whole of the muddle to the Minister not having had a business training and that he should not have taken on the responsibility of dealing with matters of high finance like that. For purposes best known to the Prime Minister I am accused of having questioned the integrity of the Minister and imputed dishonourable conduct to him. I take the strongest objection to that. I do say that this is a matter which calls for a thorough and comprehensive investigation, and if that is not going to be granted, this attempt at enquiry is nothing more than a sham and a farce. If the Minister can put his finger on anything in my speeches which can be interpeted as my questioning his integrity, he will get my apology straight away. I cannot do more than that. I do hope, in order that the matter may be finally settled, that he have a full, comprehensive enquiry covering all the circumstances relating to the Government connection with the Doornkop estates. To expect the select committee to report within 14 days is burking the whole question. I think it is a great pity that this course has been adopted.

†Mr. SPEAKER:

I must point out that the amendment proposed by the right hon. member for Standerton (Gen. Smuts) is the same in substance as that moved by the hon. member for Illovo, on the 4th March, to the motion that the House go into Committee on the Estimates of Additional Expenditure. That amendment was negatived and I therefore regret that I am unable to put the amendment now moved.

†Mr. MARWICK:

On a point of order, Mr. Speaker, can we move an amendment?

†Mr. SPEAKER:

That depends on the amendment.

*The PRIME MINISTER:

I think anyone sitting in this House this afternoon must have been filled with the most unpleasant feelings, that I should say ever could fill an hon. member of this Parliament. It was a pitiable scene we had to look at this afternoon. What are we dealing with here? There have been uttered in this House, not by chance, not as loose statements, systematic allegations, expressions and charges, for nearly three days, charges of such a nature that hon. members who made them, and other members constantly said: “In respect of such accusations a select committee should be appointed to make enquiries.” It became so bad that I said: “Very well, you will have an enquiry, just give me time to get hold of Hansard.” Before Hansard came out I went to the legal adviser of the Government and said to him: “Get a copy of Hansard as soon as it comes out and go through it to see if you can find in it accusations of dishonour or corruption or anything of that sort against any Minister, and if so, draft a motion which I can submit to the House for an enquiry.” That, and nothing else was my direction. The legal adviser got Hansard and came to see me with the motion, and said: “These are the charges which are contained in these speeches,” and I laid the motion on the Table without amending it, Now we have had to view this afternoon the pitiable, pathetic scene which was opened by the hon. member for Standerton (Gen. Smuts) the leader of the Opposition. Now we have to learn from him that in all that was said by hon. members opposite there were no charges against the honour and honesty of any Minister. What are we to think of the appreciation by such members of the feelings of honesty? Do they understand it? The hon. member for Illovo (Mr. Marwick) is occupied day after day, whenever he gets an opportunity, in doing nothing else but insulting and making charges of corruption of the most serious kind, first against one and then against another. But then it is said here: “We surely have the right to do so because our object is to prevent corruption.” That is absolutely right, but then I ask them when they utter charges that are false or libellous, not run away if an enquiry is asked for. The hon. member for Illovo has the right to quote what another person has said outside the House. He has the right, but only if he actually so strongly believes in the truth of the charges that he thinks an enquiry is necessary. He may not come here and repeat the charges unless he thinks that they are true. If an hon. member gets up here to exonerate an hon. member who has been charged it is another matter, but no member of the House has the right to repeat and again to repeat the first charge which is made outside, merely to throw mud. They repeat it here, but they must surely be ready to investigate the matter. What a scene we have had here since we proposed to have an enquiry. The hon. member for Illovo maligned members of the Government, he made charges and libellous quotations. If it were done outside the House it would be so libellous that he would immediately be brought before the Court, and an example be made of him. He has the fullest right to repeat it here, but if he does so without wanting the investigation of the charges, then it shows that he is only repeating it to besmirch and to sully. I call this conduct of such a kind—I will not use the word “cowardly”— but it is much more than cowardly. The hon. member for Standerton (Gen. Smuts) must know what insults, what libellous words, what calumnies have been uttered her for two or three days. He now comes and wants us simply to ignore the matter and make no enquiry. I ask whether he thinks that he is actually rendering a service to the country by that. We surely are not a group of libellors who are here merly to abuse, slander, malign, and rail at each other, who have not the courage to see the necessary enquiry through. Now we near the excuse that the committee to be appointed cannot go into the origin of the matter, is not comprehensive enough. That is not true. The motion clearly states that the committee shall have power to make enquiries regarding the accusations against the Minister of Labour about his negotiations with the Doornkop Estates Ltd., and whether he allowed himself to be influenced by other considerations than those which are in the public interest. The select committee can make enquiry from the first day of the negotiations. No limit whatsoever has been imposed, and when the committee is appointed it will be their duty to go into the matter from the origin, from the time negotiations began, to see whether there is anything in respect of the Minister can be blamed. It is therefore entirely comprehensive and the argument of hon. members that it is not so is only used to have an escape and for no other purpose. It seems to me so— I might almost say low—but I know that that would be out of order—although one can hardly find another word. That is the behaviour of men who come here in the House pretending to look after the interests of the people, who say that they are acting in the name of the people, and occupy themselves with libels, and, when they are called to account, run away. The hon. member for Illovo has for months now directly or indirectly made charges against the Minister of Justice. I am giving him this opportunity. According to the motion he has the fullest right to institute enquiry in this connection, because it says that the select committee shall also enquire into the charge that a certain Minister of State received for his own benefit certain bonus shares in the Doornkop Sugar Estates, Ltd., which influenced him to favour in an improper manner that company in the transaction between it and the Government. There again the committee can make enquiry from the start. There is nothing to restrict the committee in its enquiry. Why does the hon. member for Illovo want to run away from it now? Let me tell you. If the hon. member had dared to say outside what he has said in this House he would have at once without doubt been taken to court. That does not deprive him of the right of mentioning the matter here and repeating it here. If in so acting he honestly intended to advance the country’s interests, I could appreciate it in him, but then he must as an honest man also show that he is honest in the matter and not run away as soon as a committee is appointed to enable him to prove his honesty. I want to go further. Is this a proof of any honour in those members? I must say if there is one thing that has pained me deeply it is this. Here we all are as men sent to Parliament to conduct ourselves and act in the interests of the people. We have hitherto always regarded and treated each other as honourable men—so honourable that always, even upon strong opposition, when the honour of a member whether of your own or the other party is attacked we always give him the fullest opportunity of proving that he is unjustly maligned. What has hurt me so much this afternoon is that the hon. member for Standerton should support an attempt to try to prevent giving Ministers, against whom charges have been made inside and out of the House, an opportunity of proving that they are innocent. Anything worse in the case of a man who calls himself honourable one cannot imagine. It is conduct of such kind that I can hardly find terms strong enough to express my disapproval of it. The hon. member for Illovo has had the bad taste to want to make us believe that in the words he used there was nothing reflecting on the honour of a Minister. A man who acts as he does deserves no consideration, nor will he get it from me. He said in the House—

Although one of those testimonials stated that the writer had long been looking for a small remunerative property to make provision for the future, it was proved that he never bought such a plot, nor had the judge or the Minister bought any, and this proves that these people were certainly not buyers of these plots and lends colour ….

He therefore believes it—

…. lends colour to the statement that they were participating with Rosenberg.

Who are “they”? It was so strong that the Speaker interrupted the hon. member for Illovo and said—

Does the hon. member suggest that the Minister of Justice was doing that?

To that the hon. member for lllovo replied—

I am not suggesting anything dishonourable.

Then he did not have the courage to-day to say that he was again quoting from someone else, and that that inference could be drawn, and he therefore wanted an enquiry. No, all he said was—

I am not suggesting anything dishonourable.
Mr. MARWICK:

Don’t read bits only. Read further.

*The PRIME MINISTER:

That does not exempt him from the duty of seeing that the man maligned shall have an opportunity of being heard. According to the hon. member for Standerton all this is being done merely because his administration was not good—there was “folly.” Let me now quote further from the speech of the hon. member for Illovo (Mr. Marwick). He said—

Of course it is just possible that the whole statement of Rosenberg about the participation of these gentlemen was an invention, but it is my duty to lay before the House the facts as disclosed, and to press for a select committee of enquiry.

Yes, he could say that on Monday, but I object to his saying it this afternoon after he has shot off his poisoned dart and then running away from it and not wanting to have a select committee on the matter. That is not the action of a courageous man, and it is conduct which is unworthy of an honourable member of the House.

*Mr. SPEAKER:

Order.

*The PRIME MINISTER:

Is that too much? Then I at once retract.

*Dr. DE JAGER:

Now you are running away.

*The PRIME MINISTER:

I am withdrawing it because the rules of the House do not allow it. The hon. member for Illovo further said—

What we fail to understand, and what is a mystery to every person in this House and out of it ….

He well knows what the effect outside as well as in the House, is of all the slanderous charges. What is a “mystery” to him—

Is the strange infatuation of the Minister for Mr. Rosenberg.

What has that to do with administration? When a man still has the impertinance to come and tell us that it was not intended to impugn the honour of a Minister and that it is not a charge. The honourable member for Illovo further said—

The infatuation of the Minister for this gentleman is past finding out, and the miracle under which any man, let alone a distressed Johannesburg financier, can get £50,000 free of interest for 6 years is a miracle indeed.
*An HON. MEMBER:

Hear, hear.

*The PRIME MINISTER:

Hon. members may applaud it but it shows that it is a charge. They do not however have the courage to stand by it, but run away from it. The hon. member said further—

It is a miracle that the man in the street wants to know about, and he wants to know the source and origin of these things.

Here it is “source and origin” and not administration. Will the hon. member say that that contains no charge? He was impertinent enough to say so. The hon. member proceeds—

We have never had half the story told in connection with Mr. Rosenberg and the Minister of Labour.

It is not only the Minister of Justice. The poisoned shafts are aimed just as much at the Minister of Labour. In reply to this remark of the hon. member for Illovo the Minister of Labour said—

It has not been your fault.

To that the hon. member for Illovo replied—

No, but I propose to read a statement which throws further light on this unexplained miracle. In addition to the statement of Mr. Rosenberg on oath, in which he said that his friends were participating with him in taking up these blocks of land, there has been a great deal of discussion in the law courts in regard to certain bonus shares which were granted to Mr. Rosenberg by the company, and which Mr. Rosenberg claimed he was using in order to gain a certain advantage for the company. I have a statement here made by Mr. Marius Maxwell, a well-known public man and author.

The hon. member for Illovo further said that Mr. Rosenberg, in answer to the question—

Who are the people to receive these 19,000 bonus shares?

replied—

I cannot disclose the names of the parties, but it will be of benefit to the estate regarding the railways and other Government facilities.

Now I ask the hon. member to rise and deny that he intended by this to say that the Minister of Justice, or some other Minister, was the person to whom the bonus shares were to go. The hon. member quoted it as a reason why it was necessary to appoint a select committee— because it was there stated that a Minister had made himself guilty of it. Now a select committee will be appointed, but the hon. member is not sufficiently courageous—

*Mr. SPEAKER:

The Prime Minister must moderate his language.

“The PRIME MINISTER:

I am repelled by conduct which gives such clear proof that there is a lack of moral courage. He goes on throwing mud and using poisoned darts, but when it comes to the request for an enquiry then he does not want it. In his speech the hon. member said—

On one occasion, it was not on the first day, in the course of conversation, I taxed Rosenberg directly, and asked whether a Minister’s name was mentioned as interested in the bonus shares. He replied: “Do not press the point—I cannot disclose names.”

Can there be a clearer proof that the whole quotation was made with no other object than to make us feel and believe that a Minister had been guilty of corruption? Notwithstanding that the hon. member for Illovo and the hon. member for Standerton dare to come here and say that nothing of that sort took place, and that there was no charge against the honour of the Minister. If that was the view of the hon. member for Standerton and his colleagues about ministerial honour when they were in office, then I can understand his taking up such an attitude to-day. Then the hon. member for Illovo said—

I could produce evidence which would make South Africa ring as far as the origin of this matter is concerned.

He will have the fullest opportunity to have the matter investigated to its origin, and I hope that he will then show more courage and be prepared to give evidence and to have evidence given by those from whom he gets his information. He said further—

The Minister would be the sorriest man to have moved for an enquiry. The whole of this business reflects no credit on the country.

You see we were afraid, and the Minister was afraid! He wanted to make us more afraid, but now he finds that we have not become so he is the first to run away. That is the courage you usually find in slanderers.

*Mr. SPEAKER:

The Price Minister cannot use such an expression.

*The PRIME MINISTER:

If it is not permissible I withdraw it, but let me say that that class of person usually has no courage. It is proverbial. The hon. member for Illovo further said—

If the participation of a Minister in this business is proved after enquiry ….

It is therefore not administration but the “participation of a Minister in this business”—this dirty business of which we have just spoken. He said—

If the participation of a Minister in this business is proved after enquiry, it is a matter for the public to determine as to how far it is expedient for a Minister to engage in financial transactions which, at a subsequent stage, are assisted by the Government.

I can agree with him, and do agree with him, on that, but he must have the courage to defend his attitude, he must not run away. Is a man, if mean accusations are made against him—so much the more if he is a fellow member of Parliament —not to have the right, not to be given the opportunity of exonerating himself? We cannot accept all the excuses which are made in order to run away. We cannot, and will not do so. In the first place we consider that the Minister against whom the charges were made has the right of asking this House for the opportunity of exonerating himself from blame. But what was actually the reason for all the charges here? It is peculiar that, as the election came near the charges became more bitter, and more full of meaning. They increased in number and intensity. It is clear to all of us, and the Government has the right to have the enquiry made, and a report will have to be made as soon as possible. I do not want to blame all the hon. members opposite, that all the work of this kind that was done here was merely to obtain advantage at the election, nor am I going to excuse all of them. In conclusion I want to say this: the motion before the House will undoubtedly be passed, then those who made the charges here will have to see how they can substantiate their statements if they do not want to endanger their own reputations. The public outside will also have their attention called to what has taken place here. In the meantime I want to assure them that if there is not sufficient time for proper enquiry by the Select Committee, I will then take the necessary steps to see that a judicial commission is appointed to make the enquiry. There is, however, as far as I can see no reason why the Select Committee cannot dispose of the matter in fourteen days. It would not take a court fourteen days to deal with such a case.

*Col. D. REITZ:

Without witnesses!

*The PRIME MINISTER:

The witnesses are now overseas. When I heard it this afternoon, I though to myself that it proved—I do not say so, but I thought so to myself—that they saw a justification in that for their making the accusations here at a period when they know that we have only got half a month left. They have now brought up these things which they are not prepared to substantiate when a proper enquiry is proposed. They reckoned that the talk would in the meanwhile fly throughout the length and breadth of the country. What else can be the object of introducing it now? They thought, I imagine, that the man was away, could not be summoned, that no proper enquiry was possible and that they could therefore just continue till after the election. I felt personally that that put the finishing touch to the miserable figure the Opposition cut in this House.

Motion put and the House divided:

Ayes—69.

Alexander, M.

Allen, J.

Badenhorst, A. L.

Ballantine, R.

Barlow, A. G.

Basson, P. N.

Bergh, P. A.

Beyers, F. W.

Boshoff, L. J.

Brink, G. F.

Brits, G. P.

Brown, G.

Buirski, E.

Cilliers, A. A.

Conradie, D. G.

Conradie, J. H.

Conroy, E. A.

Creswell, F. H. P.

De Villiers, P. C.

De Villiers, W. B.

De Waal, J. H. H.

De Wet, S. D.

Du Toit, F. J.

Fick, M. L.

Fordham, A. C.

Grobler, P. G. W.

Hattingh, B. R.

Havenga, N. C.

Hertzog, J. B. M.

Heyns, J. D.

Hugo, D.

Kemp, J. C. G.

Le Roux, S. P.

Madeley, W. B.

Malan, C. W.

Malan, D. F.

Malan, M. L.

McMenamin, J. J.

Moll, H. H.

Mostert, J. P.

Munnik, J. H.

Naudé, A. S.

Naudé, J. F. T.

Oost, H.

Pearce, C.

Pienaar, J. J.

Pretorius, J. S. F.

Raubenheimer, I. van W.

Reyburn, G.

Rood, W. H.

Sampson, H. W.

Snow, W. J.

Stals, A. J.

Steytler, L J.

Strachan, T. G.

Swart, C. R.

Terreblanche, P. J.

Te Water C.T.

Van Broekhuizen, H. D.

Van der Merwe, N. J.

Van Heerden, I. P.

Van Hees, A. S.

Van Niekerk, P. W. le R.

Van Rensburg, J. J.

Van Zyl, J. J. M.

Visser, T. C.

Vosloo, L. J.

Waterston, R. B.

Wessels, J. B.

Tellers: Pienaar, B. J.; Vermooten, O. S.

Noes—46.

Anderson, H. E. K.

Arnott, W.

Ballantine, R.

Bates, F. T.

Bawden, W.

Blackwell, L.

Buirski, E.

Chaplin, F. D. P.

Close, R. W.

Coulter, C. W. A.

Deane, W. A.

Duncan, P.

Gibaud, F.

Gilson, L. D.

Grobler, H. S.

Heatlie, C. B.

Henderson, J.

Jagger, J. W.

Krige, C. J.

Lennox, F. J.

Louw, G. A.

Louw, J. P.

Macintosh, W.

Marwick, J. S.

Miller, A. M.

Moffat, L.

Nathan, E.

Nel, O. R.

Nicholls, G. H.

Nieuwenhuize, J.

O’Brien, W. J.

Papenfus, H. B.

Payn, A. O. B.

Reitz, D.

Richards, G. R.

Rider, W. W.

Robinson, C. P.

Rockey, W.

Sephton, C. A. A.

Smuts. J. C.

Stuttaford, R.

Van Heerden, G. C.

Van Zyl, G. B.

Watt, T.

Tellers: Collins, W. R.; de Jager, A. L.

Motion accordingly agreed to.

The House adjourned at 5.55 p.m.