Notwithstanding that excellent and plentiful rations were supplied, and the hours and conditions of labour all that could be desired, the isibalo became unpopular, owing largely to the favouritism shown, in later years, by Chiefs,[31] and to the ease with which some of these officers were induced to accept bribes from those anxious to be exempted. Abuses of this kind could, of course, have been effectually put a stop to by modifying the system and controlling it with better-framed regulations.
Special mention of the isibalo has been made here because, being unpopular, its systematic enforcement, especially in later days, when many Natives had become educated and capable of earning higher wages than those allowed, may be said to have contributed in some degree to the dissatisfaction with European administration that prevailed prior to the Rebellion. However, it is but fair to remark that, in practice, only one in thirty of those liable and able to work was ever called on in any year, and then for never more than six months at a time. The duty of seeing that individuals were not too frequently enrolled, that they were not physically unfit, and that each of the 238 tribes in Natal proper furnished its right proportion of labourers, devolved on the Native Affairs Department and the Magistrates. These duties were generally discharged in a careful manner, irregularities being checked as soon as they were brought to notice. Owing, however, to changes in conditions of living, the system, originally adapted to a state of pure tribalism, could not be carried out in all respects with the desired fairness. It called not so much for abolition or discontinuance as for modification, at any rate at that particular time (1910). The practice of exacting labour, within the restricted limits referred to, proved to be a valuable stimulus, especially in earlier days, when the people knew practically nothing about manual work. Boys living in far-off, secluded locations, who would otherwise have devoted their lives to courting girls, drinking beer, and faction fighting, were compelled to go out and work—not on the public roads unless specially ordered to do so, but wherever they chose—and, in so doing, were soon in the position of being able to benefit themselves as well as their parents and relations in ways they had not dreamt of.
After Magistrates had been appointed in different parts, varying considerably inter se in their knowledge of Zulu habits, customs and language, it was not long before the desirability of preparing for their use a Code of Native law (i.e. an attempt to codify Native tribal law) made itself felt. As matters stood, uniformity in judicial pronouncements was practically impossible. Such uniformity, essential in every community, is especially so among savages, who should at once be impressed with the idea of justice under British rule. The periodical meetings of Magistrates that were convened, were of much assistance in attaining consistency before promulgation of the Code in 1877. On being brought into practice, it was soon found that this Code, though ably drawn, was not sufficiently comprehensive (as a matter of fact, it was never intended to be comprehensive), but it was not until 1893 that a more elaborate instrument was enacted by Parliament. The Code, as then expanded, with sundry later amendments, is still the law by which the great majority of Native conditions of life are regulated. On the whole, the Code and the manner in which it has been administered have given considerable satisfaction to the Natives. At time of writing, it has not been extended to Zululand; to do so may facilitate administration, but it would probably result in disappointment and discontent among people happy enough under the proclamations issued from time to time whilst the territory was under immediate control of the Imperial Government.[32]
In addition to the Magistrates, over forty of whom had, by 1906, been appointed in Natal and Zululand, civil and criminal business of a more important character was dealt with by a Native High Court. This court, now consisting of four Judges, but originally of only one, was first created in 1875, to relieve the Supreme Court of a class of work it was incompetent, and had insufficient time, to deal with.
From what has been said, it is seen that, in 1906, and since 1893, when responsible government was granted, Native affairs were presided over by a Supreme Chief, appointed by the Imperial Government, though bound to conform to the advice of his ministers, except on certain important, rarely-occurring occasions. The portfolio of Native Affairs was held by one of the cabinet ministers, assisted by a permanent Under-Secretary and staff.
The Under-Secretary selected for the post was Mr. S.O. Samuelson. This painstaking officer, with an unsurpassed knowledge of the Zulu language and customs, did a vast amount of useful and varied work under difficult conditions. During his long tenure of office, which extended from 1893 to 1909, there were several changes of ministry and, with each, came a new Minister of Native Affairs, holding views sometimes, as it happened, widely differing from those of his predecessor. It seemed so strange to the Natives to have movable ministers in charge of their affairs, that they tended to focus their attention rather on Mr. Samuelson than on the minister, with the result that the former stood constantly in a false light, as unfair to himself as to the people. This mutation of ministers and frequent introduction of new policies, were radical defects in the Constitution Act of 1893. They opened the door, not only to modifications arising out of the personal predilections of the minister, but, what is far more important, to those dictated by the party in power for the time being in Parliament. As this party depended on the support of their constituents, needless to say, the latter, with brains ever active in devising solutions of the Native problem, and not unnaturally anxious to promote their own interests, brought pressure, through their members, to bear on highly-placed officials, and, through these, on Magistrates and other established officers, not excluding Native Chiefs—all with the cumulative effect of unsteadying the entire fabric of Native administration and imperilling the general welfare of the people.
After Zululand was annexed to Natal (December, 1897), the office of Resident Commissioner and Chief Magistrate of that territory was converted into one of Commissioner for Native Affairs. Under the Under-Secretary and Commissioner came the Magistrates, the thirty[33] of Natal proper, as ex-officio Administrators of Native law, coming under the former, and the eleven of Zululand under the latter, officer. After the Magistrates came the Chiefs of tribes, 238 in Natal proper,[34] and 83 in Zululand. Salaries and allowances were paid to 227 of the Natal Chiefs,[35] and stipends to seven of those in Zululand.[36] All Chiefs were required to control their tribes in accordance with the tribal system and keep in close touch with the Magistrates of their respective wards.
Some attempt must now be made to describe the tribal or patriarchal system (analogous in many respects to that of the ancient Jews), the very backbone of Native administration and still the most prominent and radical feature of the South African Native population.[37]
Confining attention to the Zulus, we shall begin by observing that they are polygamists and occupy circular huts of beehive formation, invariably constructed of wattles, thatched with grass, and supported inside by poles. Each wife has a hut of her own. There are, especially in larger homesteads or kraals,[38] additional huts for the occupation of young men, storing grain, etc. If, then, a man has four wives, we shall expect to find him in possession of five or six huts. Now, it is universal custom to arrange these huts in circular formation, from which method, indeed, the word "kraal" has evidently been derived. For sanitary reasons, the rule is to select for the kraal-site slightly sloping ground, though, when this is done, the floor of each hut is carefully levelled. At the highest point of the site is built the hut of the head or principal wife, not necessarily the one first married, whilst subsequent wives' huts are placed in a sequence determined by the kraal-owner, who, however, is compelled to act in terms of rigid tribal practice. The intervals between the huts are so regulated as to preserve the symmetry of the kraal as a whole. But, in connection with the circular arrangement referred to, must be considered the indispensable cattle-pen or enclosure, locally known as a cattle-kraal. This, too, is invariably round or oval, the gate being at the lowest, with one or two wickets in the topmost, portion. When it is realized that cattle are given for every woman taken to wife, the close association of cattle and their milk with the huts becomes more intelligible, though the fact of the pen being inside rather than outside the huts as arranged, is possibly also accounted for by the numerous lions, leopards and other beasts of prey that existed before the introduction of firearms, not to refer to human foes.