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.