Natal
Natal is likewise a British colony, but from the first has adopted a policy toward the native entirely different from that of Cape Colony. Politically shrewd, she does not flatly deny the right of the native to vote, but by carefully worded legal phraseology so limits the voting class that, in effect, her policy is "No votes for natives." Under date of August 24, 1865, appears a law "disqualifying certain natives from exercising electoral franchise" (the italics are in all cases ours). The following extract is taken from this law:
"Be it therefore enacted by the Lieutenant-Governor of the Colony of Natal, etc., as follows:
"1. Every male native, resident in this Colony, or having the necessary property qualifications therein, whether subject to the operation of the native laws, customs and usages in force in this Colony or exempted therefrom save as in this law provided, shall be disqualified from becoming a duly registered elector, and shall not be entitled to vote at the election of a member of the Legislative Council for any electoral district of the Colony of Natal."[5]
Certain natives, however, may vote. The conditions of their voting are these:
"2. Any male native inhabitant of this Colony who shall show to the satisfaction of the Lieutenant-Governor that he has been resident in this Colony for a period of twelve years, ... and who shall possess the requisite property qualifications, and shall have been exempted from the operation of Native Law for a period of seven years, and who shall produce to the Lieutenant-Governor a certificate signed by three duly qualified electors of European origin ... a statement to the effect that the Justice or Magistrate endorsing said certificate has no reason to doubt the truth of said certificate, ... shall be entitled to petition the Lieutenant-Governor of Natal for a certificate to entitle him to be registered as a duly qualified elector....
"5. The Lieutenant-Governor may, at his discretion, grant or refuse to any native applying in manner aforesaid for such certificate entitling him to be registered as a duly qualified elector...."[6]
This franchise law was amended in 1863, as follows:
"6. No person belonging to a class which is placed by special legislation under the jurisdiction of Special Courts, or is subject to special laws and tribunals, shall be entitled to be placed on the Voters' List...."[7]
When it is understood that special laws for natives, and for natives only, are actually a part of the Natal Code, the effect of this amendment may be seen.
Transvaal and the Orange Free State