One of the reasons for calling so strong a force into the field at

the beginning of December was, as has already been observed, because

the most powerful Natal Chief, Silwana, was believed to have assumed

a menacing attitude. The evidence against him, though strong, was,

however, much less conclusive than that against Dinuzulu. As the arrest

of the latter Chief, as well as of his brother-in-law, Maboko, and

his indunas, Makulumana and Mgwaqo, immediately created a profound

impression throughout Natal and Zululand, the Government was of opinion

that such incidents were sufficient to serve as a warning, not only to

Silwana but to all similarly disposed Chiefs. The project, therefore,

of invading his district was abandoned.[327]

The M.C.R., 500 strong, was placed under the command of Major Colin

Wilson, N.F.A., with Major J.W.V. Montgomery, N.C., as Adjutant.

Moving from Vryheid on the 2nd January, the force camped near Mr. C.

Birkenstock's residence at Hlobane. Patrols were sent out to Ceza on

the border of Zululand and to Ntabankulu. The Commandant arrived at the

camp on the 7th. Further efforts were made in various directions to

find guns that were unlawfully held. On the 14th, the regiment moved to

Louwsburg in Ngotshe district, and from there, on the 17th, to Nyalisa

police camp. At Louwsburg and Nyalisa (the latter place is some thirty

miles from the Ubombo mountains), the Chiefs were ordered to bring in

all their unregistered guns. The order was immediately complied with.

In addition to disarmament, useful work was done in these and other

parts of the country in tracing rebels, cautioning those who had

harboured them, as well as generally restoring public confidence. The

troops received every encouragement and hospitality from the various

Boer farms visited. The same occurred in Paulpietersburg and Luneberg

districts during January and February. The determination that had been

shown in calling in the firearms produced a salutary effect in every

tribe, with the result that the weapons were promptly handed in by

those from whom, at the conclusion of the Boer War, it was supposed

they had all been taken. On no occasion was the slightest opposition

met with, although, of course, there was sometimes considerable

reluctance. This was no doubt due to the firmness, perseverance and

discretion displayed by Sir Duncan McKenzie. The work, was, however,

put a stop to before half of it had been completed. An opportunity

more favourable to such enterprise will probably not again present

itself for years. Illicit possession of firearms by barbarians is most

effectively and satisfactorily coped with during the operation of

martial law.

By the 17th February, some 130 unregistered firearms of various

patterns had been handed in to the M.C.R. in Vryheid and Ngotshe

districts alone, whilst the general aggregate for the Northern

Districts and Zululand was over 400. Had the same policy been quietly

and yet firmly pursued in parts of Zululand other than Nongoma

district, it is certain better results would have been obtained than by

leaving the matter to be dealt with by ordinary police methods. It was

because the police were thought capable of carrying out this difficult

duty under the common law, that the M.C.R. was disbanded at the end

of February. And yet, on the 12th of that month, the total number of

unregistered guns that had been collected without the direct assistance

of the Militia, from the whole of Zululand, minus Nongoma, was but

twenty-two. That result alone was sufficient to condemn the adoption of

a policy of leniency. As it is, the uncollected arms remain for use on

other occasions! It was to the unregistered firearms in possession of

the Natives that all our gun-shot casualties during the Rebellion, and

the various murders thereafter, were due.[328]

A very smart piece of work was carried out by the Police Reserves on

the 1st January, 1908. Intelligence had been received at Nongoma that

a number of rebel desperadoes were living in broken country at the

junction of the Black Umfolozi and Mbekamuzi rivers. Dimmick took the

N.P. Reserves out at 1.15 a.m. on the day in question. Fairlie, after

the waggon drift had been reached (soon after 5 a.m.), was sent with

a couple of troops down the left bank of the former river, whilst

Dimmick, joined by Lindsay with a detachment from Mahlabatini, took

up positions along the road between the two streams. Fairlie's report

is: "Having crossed the Ivuna, near the junction of that river, and

reached some high ground, I noticed some fires some three miles to my

right front, on the north side of the Umfolozi, where it takes a big

bend to the south. I sent to inform you (_i.e._ Dimmick) of this, also

stating that Mciteki's men had not arrived as had been arranged,[329]

and asking for reinforcements, as I concluded from the amount of smoke

from the fires mentioned that the people we were in search of were

in the vicinity. At 8.15 a.m. my messenger returned, but I waited

until 9 a.m. for reinforcements; longer delay I considered would be

inadvisable. I, therefore, proceeded with the men I had with me in

the direction of the fires.... After going some distance, I linked

the horses and went on foot, with about twenty-five men, and having

traversed about two miles, sighted some shelters, which I advanced on

in a half-circle. We were then sighted by the inmates, of whom I saw

six. I called on them to stand in the Native language. This order was

repeated by several Natives with me, and also by the Europeans who had

a knowledge of the language. The inhabitants referred to made a bolt

for it. Two were shot, and I am bound to conclude that the other four

were wounded. We pursued some considerable distance without result, and

then returned to the shelters and found two dead bodies. By the side of

each was a magazine rifle, magazines charged and cut-offs open.[330]

One had a cartridge half in the breech, and both appeared to have been

fired recently." The killed turned out to be notorious rebels, for whom

search had long been made. One of them, Mqumbeyana, was, it turned

out, the man who was in command of the _impi_ that attacked Royston's

Horse at Manzipambana on the 3rd June, 1906. He is said to have killed

a trooper on that occasion and seized his magazine rifle, possibly the

very one in his possession when shot by Fairlie's party.

Other important miscellaneous work connected with the Rebellion or

Dinuzulu's case was done by the Police during the year. They were,

for instance, remarkably successful in capturing at Johannesburg and

elsewhere, and bringing to justice, the murderers of Sitshitshili,

Mpumela and two or three others previously referred to. These arrests

were effected before the end of February, and prior to the withdrawal

of martial law.

By the middle of March, so many of the outstanding rebels had either

surrendered or been captured, that the Governor was advised to release

about 2,000 of those still in gaol, leaving only 116, that is, men who

had been convicted of serious offences.

FOOTNOTES:

[Footnote 321: This referred to the bags of earth and barbed-wire

that had been placed by N.P. along the verandah of the court-house.

As Dinuzulu was known to be calling up an indefinite number of young

men from neighbouring Chiefs, on the pretext of hoeing his gardens,

it is not surprising the police, being a small military body, felt

it necessary to entrench themselves. One of the Chiefs appealed to

by Dinuzulu, Maboko by name, who had two years previously married a

sister of Dinuzulu, deposed as follows (24th Jan., 1908): "Just after

the first body of troops (_i.e._ the Police Reserves) had arrived

and camped at Nongoma, Dinuzulu sent me ... the following message:

That the Amakosi (meaning troops, not the main body) had arrived at

Nongoma, and he, therefore, asked me to send boys of my tribe to him

to do hoeing. These boys were to bring their weapons (_izikali_) with

them. They were to come stealthily (_nyenya_) by twos and threes. The

boys of the Mavalana and Hayelwengwenya regiments were said to be the

ones required.... In reply, I said: 'I cannot comply with Dinuzulu's

request, having regard to the fact that European forces have just

arrived at Nongoma, and seeing that Dinuzulu requires these boys to go

to him armed.'"--Cd. 3,998, p. 69.]

[Footnote 322: As seen from the foregoing note, the calling up was not

done _in the usual way_, as far as one Chief at any rate was concerned.]

[Footnote 323: And this in spite of having so 'bad a knee' three days

before as to be unable to proceed to the magistracy as directed!]

[Footnote 324: That is, Dinuzulu's surrender.]

[Footnote 325: Cd. 3,998, p. 14. As far back as March, 1907, Dinuzulu's

friend, Miss Harriette Colenso, had advised him in these terms: "If I

could advise those who are being sought after, I would say that anyone

who is aware that a serious charge is laid against him, had better take

a long leap until he reaches a safer place ... but any and every person

of no importance, who is merely panic-stricken, let him betake himself

to Sir C. Saunders at Eshowe, and perhaps (if you see fit) present

himself as having been advised by you, for thus they may be but little

condemned. For those who are in hiding are not only hurting themselves,

but they are the key that locks up the many who are in gaol, and who

are dying there. If only the matter of those who are in hiding could be

ended, we might venture to beseech the Governor, and you might join us

in our petition, for we (you and I) are not alone, there are others,

but we are stopped by the position of those who are in hiding."--Cd.

4,328, p. 24. This edifying counsel was not followed by Dinuzulu.

The spirit, however, of the advice, was followed exactly, _i.e._ do

anything rather than loyally surrender those who have deliberately

broken the law; it was just that advice that led to his ruin.]

[Footnote 326: Where Cetshwayo was captured in 1879.]

[Footnote 327: In the following year, however, chiefly owing to gross

misconduct towards the Magistrate, Greytown, when engaged collecting

taxes, Silwana was summoned by the Supreme Chief and, after inquiry,

deposed from his position and sent to live in another part of the

Colony. Such action rendered it necessary to divide the tribe into

parts, placing each under a separate Chief.]

[Footnote 328: Many of the unregistered guns were of the Martini-Henry,

Mauser, or Lee-Metford types.]

[Footnote 329: This Chief and his men were present, as also some 200

of Mpikanina's, though late in moving towards the road and drift; the

delay arose through having to search _dongas_, etc., for firearms.]

[Footnote 330: The guns were unlawfully in the possession of these

Natives, as was conclusively proved by letters and figures stamped

thereon.]

XXII.

PRELIMINARY EXAMINATION AND TRIAL OF DINUZULU.--WITHHOLDING OF HIS

SALARY.--HIS SETTLEMENT IN THE TRANSVAAL.

Within ten days of Dinuzulu's removal from Nongoma, a beginning was

made with the preliminary examination. Mr. T.R. Bennett, one of the

senior Magistrates, was appointed, by virtue of being a Justice of

the Peace for the Colony, to hold the inquiry, under the authority

of Ordinance No. 18, 1845. Mr. W.S. Bigby, an advocate of the Law

Department, appeared for the Crown, and Messrs. E. Renaud and R.C.A.

Samuelson for the accused. The examination was held at the Central

Gaol, Pietermaritzburg. The gaol rather than the Magistrate's

court-room was chosen so as to obviate the necessity of escorting the

prisoner twice daily through the streets of the town for the whole time

the examination lasted, viz. seven months. Numerous witnesses, mainly

Natives (of both sexes) gave evidence, much of it very lengthy. The

longer the inquiry continued, the better the understanding obtained

by those concerned of the case in all its bearings. Charges, at

first somewhat vague, soon began to assume definite shape, thereby

facilitating the labours of the prosecution, whilst confining the

efforts of the defence to specific issues. At the same time, much

evidence of a loose, general and hearsay character was given,

inevitable with Native witnesses, which, though it may have prejudiced,

and perhaps did prejudice, Dinuzulu to some extent in one way, often

benefited him in another; and the longer the inquiry lasted, the more

numerous were the opportunities of the evidence for the Crown being

weakened or deliberately undermined.

Ever since the beginning of the Rebellion, Dinuzulu's name had been

freely referred to in all parts of Natal and Zululand as associated

therewith. The great majority of Europeans regarded him as having

exerted a distinctly evil influence, whilst a few held he was rather

sinned against than sinning. The opportunity had at last come for

sifting things to the bottom. Of this the Government resolved to take

full advantage. It is, therefore, not surprising that the scope of the

inquiry was wide; that European and Native witnesses were exceptionally

numerous; that they had to be procured from all parts of Zululand,

Natal and the Transvaal; and that the investigation was as rigorous and

protracted as it was. At the same time, probably better results, from a

judicial as well as political point of view, would have been attained

by concluding it sooner.

Among the means available to Dinuzulu for meeting the expenses of his

defence was his salary of £500 per annum. This he had been in the habit

of drawing regularly from the Natal Government ever since his return

from St. Helena in 1898. As soon as he was arrested, however, the Natal

Government suspended payment, on the ground that he was no longer

discharging the functions in virtue of which it had been granted. As

the Imperial Government was concerned in his appointment as Chief, its

approval was sought, but, owing to a difference of opinion, this was

withheld.

In order to appreciate the situation that then arose, it would be well

to refer to the conditions under which the Chief was repatriated,

quoted at length on p. 478.

The Natal Government's view was that: (i) Suspension of salary was in

accordance with universal practice, and the Imperial Colonial Service

rules; (ii) only so long as the Chief behaved well and obeyed the

laws laid down for his guidance would the salary not be withdrawn,

except with the approval of the Secretary of State; (iii) arrest

and detention carried with them suspension from the service of the

Government,--there was a clear distinction between _suspension_ from

office and salary, and _withdrawal_ of an office and salary. It was,

moreover, feared that the attitude of the Imperial Government would

prejudice the merits of the criminal proceedings being taken against

Dinuzulu, as well as embarrass the Natal Government in connection with

the demand that had already been made by Dinuzulu's legal advisers for

payment of the salary.

The Secretary of State consented neither to suspension nor to

withdrawal, and for these, among other, reasons: (i) According to

Imperial Colonial Service rules, proceedings for suspension are

not taken against a public officer pending criminal proceedings;

(ii) the case could not be dealt with as an ordinary civil service

appointment,--being without precedent, it should be dealt with on its

own merits; (iii) Dinuzulu's position, as Government Induna, could not,

even temporarily, be taken away without the approval of the Secretary

of State, and, before signifying such approval, it would be necessary

for the Natal Government to show satisfactorily that the Chief had

contravened the laws laid down for his guidance; suspension, therefore,

should follow and not precede the trial; (iv) Dinuzulu must be assumed

to be innocent until proved guilty; (v) it was most important, in

giving a fair trial, to leave him in possession of means to arrange for

his defence.

After several months' correspondence, with no prospect of a solution

being arrived at, the Imperial Government decided, on the 21st July,

"to pay the amount of Dinuzulu's salary, so far as it had accrued to

date," viz. £333 6s. 8d. This decision was at once taken the strongest

exception to in Natal and discussed at length a few days later in

Parliament, when the Attorney-General (The Hon. T.F. Carter) reviewed

the position at length. As, however, the Natal Ministry were equally

anxious with His Majesty's Government that the defence should not

be prejudiced for lack of funds, the Secretary of State was advised

that "whilst maintaining that their (Natal Ministers') contention is

correct on question of suspension, ... they are prepared, if approached

by Dinuzulu, to provide a sum of money to assist him in his defence."

Further discussion thereupon became unnecessary. On the 1st October

following, a sum of £500 was paid by the Natal Government to Dinuzulu's

agents for the purpose named.

The preliminary examination was finally closed on the 30th July, the

prisoner being formally committed for trial before such court as

might be directed by the Attorney-General, on the following charges:

High treason; public violence; sedition and rebellion; murder of, or

being accessory to murder of, or conspiring to murder, Gence; inciting

to murder Gence and Mapoyisa; contravening the Firearms Act, 1905.

Dinuzulu emphatically declared his innocence. He complained of an

opportunity not having been given him of "arranging" his defence. "A

selection of criminals," he added, "and of my personal enemies has been

made, to testify to deliberate untruths." His indunas Mankulumana and

Mgwaqo were committed at the same time, on charges of high treason. The

three examinations had extended over the period 23rd December, 1907, to

30th July, 1908.

Early steps were taken by Dinuzulu's friends to obtain the services of

one of the ablest lawyers in South Africa. The brief was offered to and

accepted by the Hon. W.P. Schreiner, K.C., formerly Premier of the Cape

Colony, though Mr. Schreiner did not proceed to Natal until a few days

before the trial began.[331]

The notorious rebel Cakijana, after evading the police in Zululand

and Natal, proceeded direct to Dinuzulu's friend, Miss Colenso, at

Bishopstowe. This took place on the 9th March, during the continuance

of martial law, and serves to show how necessary it was to maintain

such law in Zululand. Instead of promptly handing him and his companion

over to the police, Miss Colenso instructed an attorney at 10 p.m. to

take their statements at length. Only by working through the night

could this be done, and not till the day following were the rebels

put into a cab and conveyed by Miss Colenso to the Chief Commissioner

of Police. There is reason to suppose that Dinuzulu or his friends

in Pietermaritzburg had directed Cakijana to proceed to Bishopstowe

in connection with the defence. Thus, even principal rebels seem to

have been acting under the Chief's orders, and this whilst his own

preliminary examination on charges of high treason, sedition, murder,

etc., was actually in progress.

* * * * *

The question has sometimes been discussed as to the advisability of

holding examinations, such as that of Dinuzulu, under the ordinary

law, even though, as in this instance, the trial takes place before a

specially-constituted court.

In the first place, the offences were of an unusual nature. As they did

not fall within the category of ordinary crimes, it would seem they

ought to have been treated abnormally. Special procedure was followed

in the cases of Langalibalele (in 1874) and Dinuzulu himself (in 1888),

whilst, during the Boer War, special courts were again appointed to

deal with European prisoners charged with high treason, sedition, etc.

Legislative authority under which this could have been done was wanting.

Owing to Dinuzulu's enormous influence in Natal and Zululand, witnesses

could be got to give evidence against him only with the greatest

difficulty, especially at the outset. Such influence was a most serious

obstacle to the Crown. The circumstances were exceptional. Particularly

those able to give the most incriminating evidence were in a chronic

state of fear, for they knew that a number of loyalists of high and

low rank had already been murdered at different times (presumably by

the order of Dinuzulu), at any rate it was generally so supposed. In

the act of giving evidence unreservedly in open court on behalf of the

Crown, they, too, became transformed into "loyalists" and "prominent

loyalists," and therefore marked men. Although most of the murderers

had, by the time the trial began, been apprehended, none had been tried

and punished. There was, therefore, in the eyes of the witnesses,

no guarantee that they would not, in some way or other, lose their

lives, seeing the friends of Dinuzulu had the right, under the law,

of having interviews with him from time to time. As for the witnesses

for the defence, they spoke without that peculiar sense of dread which

oppressed Native witnesses for the Crown, although every assurance

and visible means of protection were afforded the latter by the

Government. The spectacle, moreover, of these witnesses being liable

to the menacing influences of Dinuzulu and his friends, was extremely

detrimental to the prestige of the Government, especially in a country

occupied by over a million warlike savages.

To counteract this state of affairs, it became necessary, in

the absence of explicit provision in the law, to take certain

administrative action which, however, was at once strongly objected

to by counsel for the defence. For instance, martial law, proclaimed

on the 3rd December, was maintained without a break until the 11th

of August, 1908, although the primary reason on account of which it

had been promulgated, had ceased to exist within ten or twelve days

of such promulgation. The effect of this law, operating as it did

in Zululand alone, was to confer on the Crown the right of vetoing

entry of any and all persons into that territory, whose actions,

however well-intentioned, might have had the effect, in the opinion

of Government, of keeping alive the unrest and once again endangering

the peace, besides emboldening outstanding ringleaders to remain

still longer at large. That a number of Dinuzulu's legal advisers,

whilst vigorously procuring evidence in Zululand, would have promoted

unrest, quite apart from tending seriously to defeat the ends of

justice, needs only to be stated to be accepted by those who do not

happen to belong to that admirable but sometimes rather indiscreet

profession.[332]

It was not until the beginning of March that the murderers had all been

arrested, and not till the 10th of the same month that Cakijana had

surrendered.

Whilst the examination was proceeding, the Magistrates at Nkandhla (B.

Colenbrander), Nongoma (G.W. Armstrong), and elsewhere, were actively

engaged accumulating evidence on behalf of the Crown, most of which,

of course, was given under martial law, though not on that account

improperly obtained. It is on record that such prominent witnesses as

Mangati, Cakijana, Rolela, Mayatana, Mgunguluzo and others all gave

their evidence voluntarily.

A history of the Zulu Rebellion, 1906, and of Dinuzulu's arrest, trial, and expatriation · 第 40 / 51 段