y 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 a
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