On the initiation of Native "own-laws" policy in Natal, the Imperial Government took steps to see that it was followed in the letter as well as in the spirit. The officer selected as the principal exponent thereof was Theophilus Shepstone, a young man of but twenty-eight years of age, who, having arrived in the Cape Colony with his father in 1820, with the Albany Settlers, had lived nearly the whole of his life in Native areas north-east of Grahamstown. The proficiency attained by him in the Native dialects was remarkable, so much so, that he was able, on the one hand, materially to assist the Rev. W.B. Boyce in discovering the underlying philological principle of the Bantu languages known as the euphonic concord, and, on the other, to be employed by the Imperial Government in the Cape Colony at the age of eighteen as interpreter and negotiator of treaties with important Native Chiefs, during a critical period. No more competent officer could have been found for the post of Diplomatic Agent, as it was at first called, especially as he had recently and for seven years been in personal charge at Peddie of various Zulu tribes—locally known as amaMfengu or Fingos—who had, since 1820, been driven out of Natal and Zululand by Tshaka and Dingana's inhuman tactics.
The story of Shepstone's early connection with the tribes on the then eastern frontiers of the Cape Colony is itself matter of history, and we cannot stay to consider it, it being enough to note the experience brought by this brilliant young officer to the discharge of the peculiarly difficult duties of his new post.[26]
Shortly after his arrival, he, along with Dr. William Stanger, Lieutenant Charles J. Gibb, R.E., and Messrs. N. Adams and D. Lindley (American Missionaries), were commissioned to lay off tracts of country known as "locations," suitable for Native occupation, and conveniently situated in respect of areas inhabited, or in the near future to be inhabited, by Europeans.[27]
At first, six or seven locations of about 50,000 acres each, were laid off, followed later on by others, until, in 1906, the aggregate area so set apart amounted to 2,262,066 acres. Arrangements were made for the whole of these lands to be vested in trustees appointed under Letters Patent.[28] A singularly wise provision by the Imperial Government was that such trustees should be the officer-administering-the-government for the time being, together with the members of the executive council. By this means, Native interests were effectually protected against any pressure that might be brought on the Government in the future by would-be European or Asiatic purchasers.
Another early work of importance which Shepstone performed with tact, and credit to himself, was the levying of a tax of 7s. on every Native hut. By 1845, the coloured population had risen to nearly 100,000. As control of so great a number, scattered over many parts of the Colony, involved considerable expense, it was only fair that the people should contribute to the revenue, seeing they were securing the very real benefit—of which the younger generations are too often oblivious—of being completely protected against the tyranny of their quondam rulers. The odd amount of 7s. was made up thus: 5s. "in respect of each hut; it being understood that every kraal, having the usual establishment of a Native kraal, that is, cattle and cultivated ground, whether in a location or on private farms, should be subject to this property and protection tax";[29] and 2s. "as a quit rent for land on all kraals or villages residing either in the locations or on government land without any location."[30] Some twenty years later, the tax, which in reality was in respect of wives—Zulus, like all Bantu races, being polygamists—was doubled. By that time, however, the people were earning far higher wages, whilst labour was readily procurable among the steadily increasing European immigrants.
Shepstone, in 1856, when, under "Royal Charter," a representative legislature was first established in Natal, ceased to be styled Diplomatic Agent. He then became Secretary for Native Affairs. This office he only relinquished some twenty years later, on proceeding to the Transvaal in connection with a mission too well known to need explaining here. Throughout this long period (1845-1876), he had controlled the Natives with consummate tact and ability and, on several occasions, undertaken missions of much delicacy and importance to Zululand and elsewhere, invariably with success and credit to the Government. Although his policy, so well known as to be usually referred to as the "Shepstonian policy," has been charged with being one of laissez faire, the mere absence of war between 1845 and 1906 is eloquent and abundant testimony of its worth. To this day, thousands of Natives deplore the setting aside of such natural and well-tried methods for those more in accordance with European civilization.
One of the consequences of upholding Native law was the introduction of a system of labour known as the isibalo or modified corvée. This system originated about the year 1848, on the occasion of the road between Durban and Pietermaritzburg being in a bad and impassable state. The Lieutenant Governor, in his capacity as Supreme Chief, thereupon called out a party of Natives, who were paid fair wages, to effect the necessary repairs. Owing to certain political excitement, the system was discontinued shortly after 1854, but, on its resumption in 1858, it remained continuously in vogue until 1911, when the Union Government, instead of introducing regulations to correct the prevailing abuses, merely refrained from using the power of requisitioning labourers, which still, however—the people being as uncivilized as they are—rightly exists in the law.
During the Zulu regime, it was customary for the king to call at any time on young men to serve on public works, such as building royal apartments, erecting cattle enclosures, hoeing and weeding crops. Under the new order of things, the necessary authority being vested in the Supreme Chief, steps were taken, from time to time, to call youths out for service on public works, notably those connected with roads, the difference between the old system and the new being that, whereas in former days Natives received no remuneration whatever for their labour, they were, under European government, paid a fair wage, even though somewhat less, as sometimes happened, than what was obtainable in the open market.