Mr Cartwright, that I could not sign it without consulting my fellow-prisoners, even if I took the consent of the Indians outside prison for granted.
The substance of the proposed settlement was that the Indians should register voluntarily, and not under any law; that the details to be entered in the new certificates of registration should be settled by Government in consultation with the Indian community, and, that if the majority of the Indians underwent voluntary registration, Government should repeal the Black Act, and take steps with a view to legalize the voluntary registration. The draft did not make quite clear the condition which required Government to repeal the Black Act. I therefore suggested a change calculated to place this beyond all doubt from my own standpoint.
Mr Cartwright did not like even this little addition and said, ‘General Smuts considers this draft to be final. I have approved of it myself, and I can assure you that if you all undergo re-registration, the Black Act is bound to be repealed.’
I replied, ‘Whether or not there is a settlement, we shall always be grateful to you for your kindness and help. I should not like to suggest a single unnecessary alteration in the draft. I do not object to such language as would uphold the prestige of Government. But where I myself am doubtful about the meaning, I must certainly suggest a change of language, and if there is to be a settlement after all, both the parties must have the right to alter the draft. General Smuts need not confront us with an ultimatum, saying that these terms are final. He has already aimed one pistol in the shape of the Black Act at the Indians. What can he hope to gain by aiming a second?’
Mr Cartwright had nothing to say against this argument, and he promised to place my suggestion for the change before General Smuts.
I consulted my fellow-prisoners. They too did not like the language, but agreed to the settlement if General Smuts would accept the draft with my amendment.
