West Bank Location
1848 - 1850

Although East London had the right conditions for the evolution of an integrated community, this would not last long. In January 1848 Sir Harry Smith annexed the port into the Cape Colony, a circumstance that would impact upon the Black community. The purpose of the annexation was merely to enable the Governor to appoint a Collector of Customs at the port. It was not therefore meant to affect the Xhosa people in any way. On the other hand, it did mean that these people now fell under British Kaffrarian law, and not the law of the Cape Colony. Furthermore, because they were regarded as living outside of the Colony, they were required to carry passes if they wished to enter East London. At the same time, the Special Commissioner for British Kaffraria gave orders to destroy all

See also: More about this subject West Bank Location The township community East London

huts that were not part of the Xhosa village, and thereby herded the Black people into the village which now became known as a "location", with its own location regulations. By 1850, therefore, strict segregation had been applied to the port.

Dr Keith Tankard

West Bank Location
1848 - 1850

Although East London, from its foundation in 1847, had the potential to evolve into an integrated community, unexpected events very quickly forced the port into a state of legal segregation.

The first hint of a change came in March 1848 when Lieutenant Colonel George Mackinnon, Chief Commissioner for British Kaffraria, instructed that all huts belonging to Black people be pulled down if they were within a two mile "rayon" of military posts within his territory. Although the regulation was not at first applied to East London because technically the port and its two mile rayon had been annexed to the Cape Colony in January that year, the Black community were nevertheless forced to follow suite in December 1849. It was then that the first "location", under Headman Maqoma, was established and legal segregation became a reality.

The creation of the location was due largely to the influx of temporary labourers at the port whenever a ship called. The Resident Magistrate, Captain Edward Rooper, reported that such an event led to "a considerable number of strangers" entering the district without authority. Such circumstances, he wrote, caused "inconvenience" at the huts in the Black village, and the new-comers were responsible for such "irregularities" as "squatting" within the district.

The annexation of East London into the Cape Colony in 1848 had caused political ambiguity for the Black community. Although they now lived at a port within the Colony and were no longer part of British Kaffraria, this fact was however never carried into legal practice. Indeed, as far as the authorities were concerned, they were still regarded as a part of the British Kaffrarian population. Whereas the White population at East London now fell under the division of Victoria for judicial purposes, the Black community still fell under the control of the Special Commissioner for Phato's tribe, in this case Colonel John Maclean who was resident at Fort Murray.

Problems also arose from another direction. All Black people living in British Kaffraria who desired to enter the Cape Colony, were required to be furnished with a pass (passport) for this purpose. This was issued by the Special Commissioner for their tribe. Such a regulation meant that, technically, any Black person who lived just outside the rayon of East London but who desired to enter the rayon either to seek work when a ship arrived or to sell milk to the village, had first to travel to Fort Murray to obtain the necessary sanction. Since the fort was a good 40 miles away (about 60 kilometres), it meant a major overland expedition.

Maclean soon realised that an exception to the rule was required and gave permission to the Resident Magistrate at East London to issue such passes to all Black people who desired to enter the rayon. He made this exception, he explained, "as the demand for native labourers varies according to the circumstances when the arrival of vessels calls for an increased number of coolies and any reference to me would be very inconvenient." No mention was made of the inconvenience to the Black people themselves.

Free access to East London was definitely not to be permitted. Indeed, Maclean referred to instructions from the Governor himself that the district of East London was to be kept free of all Blacks who were "not authorised" to remain there. Maclean was even prepared to wave the regulation which Mackinnon had issued earlier that no troops were allowed to be used as policemen. In the case of the Black population at East London, he wrote, the Resident Magistrate was empowered to employ the military in lieu of a sufficient police force "in surrounding areas where Kaffirs sleep who have entered [the] District without Authority".

The existence of a regular Black community at East London, coupled with the constant influx of migrant labourers to serve the ships, led to two immediate problems for the Resident Magistrate. First, since the Black people appeared at the Magistrate's Court for various reasons, Rooper requested permission to appoint an interpreter. Second, and of greater concern, was the need to establish some form of local authority and, for this purpose, Rooper drew up the first list of regulations for the Xhosa village.

The problems caused by the influx of migrant labourers, and the milk-sellers who sometimes stayed overnight without authorization, was considered a disturbance to the orderliness of the community. It therefore led to the decision that all Black people who lived within the district must be located at or near Maqoma's "location", as the Xhosa village was now known.

Since the location was situated only 500 yards (less than a kilometre) from the White village, Maclean saw no difficulty in demanding that all the people who lived in huts scattered in the immediate vicinity of East London be removed to this "kraal", and thereby create "but one native village". Maclean further suggested that strict orders be given that no Black person be allowed within the immediate vicinity of the Town proper after sunset (the first curfew) and, if necessary, their visits to the town be limited to some fixed point, such as the market place which was "convenient to all parties".

Maclean had made an exception to the general regulations for British Kaffraria when he had allowed the Resident Magistrate at East London to issue passes to any Black person who desire to visit the town. By mid-1850, however, he decided that this exception was, in his opinion, being taken advantage of because people who lived beyond the rayon were seeking passes from the Resident Magistrate when they desired to enter the Colony.

Maclean warned the new Resident Magistrate, Captain Edward Staunton, that he should refuse all such applications or it could involve him "in difficulties". He pointed out that the passes should normally be issued only by the Commissioner of the District to which the people belonged, which Commissioner had to keep a register of all passes and particulars of the applicant. In that way the property of the applicant could be seized if he committed a crime within the Colony, Maclean explained. Moreover, he did not believe that the passes should be given except for "specific purposes", such as the recovery of cattle or property. He himself never issued passes, he wrote, "on the frivilous [sic] excuse of visiting, or seeing sick relations".

The Xhosa village, which had predated the White town of East London, had by 1850 become no more than a "location" to serve the labouring needs of the growing port. All huts scattered over the countryside had been destroyed, and the residents forced into the location. A dusk-to-dawn curfew has also been initiated. Legal

See also: West Bank Location The township community East London

segregation had already started at East London almost 100 years before the triumph of the National Party in South Africa in 1948. By 1856, on the other hand, the first forced removals would begin when the location was razed to the ground, and the inhabitants forced to move to a new spot further from the town. But that again is another story.

Dr Keith Tankard