not help but be over-ruled by
the three states whose policy toward the native was one of oppression
and political non-representation. Hence the South Africa Act (1909)
contains the following provisions:

"IV.--(26) The qualifications of a senator shall be as
follows--He must . . . . . . . . . . . . . . . . . . .
be a British subject _of European descent_.

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

36. ... the qualifications of parliamentary voters, as existing in
the several colonies, at the establishment of the Union, shall be
the qualifications necessary to entitle persons in the
corresponding provinces to vote for the election of members of
the House of Assembly.

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

44. The qualifications of a member of the House of Assembly shall
be as follows--He must . . . . . . . . . . . . . . . . . . . . . .
be a British subject _of European descent_."[9]

In other words, no native can be a member of the South African
Parliament. Even if the natives of Cape Colony, who have the right of
franchise under section 36 above; for they had it "at the
establishment of the Union"--even if they should elect one of their
number to represent them, such duly elected person could not be
seated. Under the laws of the Union, then, the Cape Colony right of
franchise has been nullified and "the Bantu and coloured people in the
Provinces of Natal, Transvaal and Orange Free State are unrepresented
in the Union Parliament, and those of the Cape Province are but
indirectly represented. The five million coloured peoples in the Union
have no direct representation, and the one million, five hundred
thousand white people have all the representation and say."[10]

Now, although the natives are not eligible for election to the South
African Parliament, they have a deliberative body, known as the South
African Native National Congress, to which native representatives are
sent from all districts. With no legislative authority, however, this
body can only _discuss_ legislative measures which have been proposed
before the South African Parliament when such measures affect the
natives, and it may use "all available constitutional methods" for or
against the proposed measures. But of what avail to protest against a
law when the persons to whom the protest must be made are those who
have enacted the law? An appeal to the