or class legislation. The Act referred to was withdrawn and a second Act was enacted in its place which nearly achieved an identical object yet was of a general nature, the sting of racial distinction being removed. The substance of one of its clauses is as follows: ‘No person can be placed on the voters’ roll in Natal who is a native of countries which have not hitherto possessed elective representative institutions based on the parliamentary franchise.’ No reference is made here to Indians or Asiatics. The opinions of counsels could differ as to whether or not India possesses representative institutions based on the parliamentary franchise. But assuming for the sake of argument that India did not in 1894 and does not even now enjoy the parliamentary franchise, no one can say offhand that the officer in charge of voters’ lists in Natal has done an illegal act if he includes the names of Indians in the lists. There is always a general presumption in favour of the right of the subject. So long therefore as the government of the day does not become positively hostile, the names of Indians and others could be included in the electoral roll, the above law notwithstanding. That is to say, if the dislike for Indians became less marked and if the local Government was unwilling to injure the Indians, their names could be entered in the voters’ lists without the slightest modification of the law. This is the advantage of a general law. Other instances of the same kind can be cited from among the laws in force in South Africa which have been referred to in previous chapters. The wise policy, therefore, is to enact as little class legislation as possible; and it would be wiser still to avoid it altogether. Once a law is enacted, many difficulties must be encountered before it can be reversed. It is only when public opinion is highly educated that the laws in force in a country can be repealed. A constitution under which laws are modified or repealed every now and then cannot be said to be stable or well organized.
We can now better appreciate the poison which was present in the anti-Asiatic laws in the Transvaal. They were all racial in character. The Asiatics as such could
