A Disgrace to the Master Race: Colonial Discourse Surrounding the Incarceration of "European" Prisoners within the Colony of Natal towards the End of the Nineteenth and Beginning of the Twentieth Centuries

Authors

DOI:

https://doi.org/10.17159/1727-3781/2017/v20i0a3011

Keywords:

apartheid, colonial, colony, discourse, discrimination, ideology, imprisonment, offenders, Natal, penal, prisoners, prisons, punishment, race, racial, racist

Abstract

The discourse surrounding the punishment of offenders within a society reveals much about the particular ideological underpinnings of power within that society. Penal discourse within colonial societies is particularly interesting, in that it traces the specific contours of the racist ideologies which characterise those societies. This article is focused upon penal discourse within the Colony of Natal towards the end of the nineteenth and beginning of the twentieth centuries. Within the colony at this time, the race of an offender was becoming increasingly important in determining the type of punishment, treatment and training considered appropriate for that offender. This article is focused - in particular - upon the discourse surrounding the punishment of ‘European’ offenders in colonial Natal. It is submitted that the punishment of these offenders raised all sorts of ideological problems for the colonists, since the offenders in question were members of the white 'master race'. The following central themes within the colonial penal discourse of the time are discussed: first, the role that 'shame' and 'degradation' were considered to play in the punishment of white - but not black - prisoners; second, the perceived need to train white - but not black - prisoners in skilled work, to enable white prisoners to find employment upon leaving prison; and, third, the perceived need to keep white - but not black - prisoners out of the public gaze, in particular avoiding situations in which white prisoners could be seen being punished alongside black prisoners and subject to the control of black prison guards. Examining the precise contours of the penal ideology which underpinned the punishment of offenders in colonial Natal, may be useful in understanding certain of the foundations of racist penal thinking during subsequent periods of South African history, including the notorious apartheid era.

 

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Author Biography

Stephen Allister Peté, University of KwaZulu-Natal

BA LLB (University of Natal) LLM (University of Cape Town) M Phil (University of Cambridge), PhD (University of KwaZulu-Natal), Associate Professor of Law, School of Law, University of KwaZulu-Natal

References

Bibliography

Literature

Bernault "Politics of Enclosure"

Bernault F "The Politics of Enclosure in Colonial and Post-Colonial Africa"

in Bernault F (ed) A History of Prison and Confinement in Africa(Heinemann

Portsmouth 2003) 1-53

Bundy

Rise and Fall of the South African Peasantry

Bundy C The Rise and Fall of the South African Peasantry(University of

California Press Berkeley 1979)

Crocker and Peté 2007 Obiter

Crocker A and PetéS"Letting goof the Lash:The Extraordinary Tenacity

and Prolonged Decline of Judicial Corporal Punishment in Britain and its

Former Colonies in Africa (Part1)"2007 Obiter 271-290

Greenberg Race and State in Capitalist Development

Greenberg SRace and State in Capitalist Development–South Africa in

Comparative Perspective (RavanPressJohannesburg1980)

Hardy Black Peril

Hardy GW The Black Peril(Holden & Hardingham London 1914)

Ignatieff Just Measure of Pain

Ignatieff M A Just Measure of Pain (MacMillan London 1978)

Johnstone Class, Race and Gold

Johnstone FA Class,Race and Gold :A Study of Class Relations and Racial

Discrimination in South Africa (Routledge & Kegan Paul London 1976)

Killingray "Punishment to Fit the Crime?"

Killingray D "Punishment to Fit the Crime? Penal Policy and Practice in

British Colonial Africa" in Bernault F (ed) A History of Prison and

Confinement in Africa (Heinemann Portsmouth 2003) 97-118

Marks Reluctant Rebellion

Marks S Reluctant Rebellion: The 1906-1908 Disturbances inNatal

(Clarendon Press Oxford 1970)

Marks and Atmore Economy and Society in Pre-Industrial South Africa

Marks S and Atmore A Economy and Society in Pre-Industrial South Africa

(Longman London 1980)

Peté 1986 Natal U L & Soc'y Rev

Peté S "Punishment and Race: The Emergence of Racially Defined

Punishment in Colonial Natal" 1986 Natal U L & Soc'y Rev 99-114

Peté 1998 SAJHR

Peté S"To Smack or not to Smack? Should the Law Prohibit South African

Parents from Imposing Corporal Punishment on theirChildren?"1998

SAJHR 430-460

Peté "Brief History of Human Rights in the Prisons of Africa"

Peté S "A Brief History of Human Rights in the Prisons of Africa" in Sarkin J

(ed) Human Rights in African Prisons (HSRC Press Cape Town 2008) 40-

Peté and Devenish 2005 JSAS

Peté S and Devenish A "Flogging, Fear and Food: Punishment and Race in

Colonial Natal" 2005 JSAS 3-21

Read "Kenya, Tanzania and Uganda"

Read JS "Kenya, Tanzania and Uganda" in Milner A (ed) African Penal

Systems(Routledge & Kegan Paul London 1969) 91-164

Riekert Natal Master and Servant Laws

Riekert JG The Natal Master and Servant Laws (LLM thesis University of

Natal 1983)

Stanley Through the Dark Continent

Stanley HM Through the Dark Continent-The Sources of the Nile around

the Great Lakes of Equatorial Africa and down the Livingstone River to the

Atlantic Ocean (Sampson Low, Marston, Searle & Rivington London 1878)

Welsh Roots of Segregation

Welsh DJ The Roots of Segregation: Native Policy in Colonial Natal 1845-

(Oxford University Press Oxford 1971)

Official and archival documents

Debates of the Legislative Council of the Colony of Natal 1883 vol 6 Debate

of 24 August 1883: Mr Crowder

Durban Corporation Superintendent of Police Report Book 6: Report of

Superintendent, 26 April 1897

Durban Corporation Superintendent of

Police Report Book 6: Report of

Superintendent, 5 june 1902

Durban Corporation Superintendent of Police Report Book7:Report of

Superintendent, 5 December 1903

Durban Corporation Superintendent of Police Report Book 7: Report of

Superintendent, 1 January 1904

GN 436 in Natal GG of 2 December 1884

GN 161 in Natal GG of 5 June 1888 (amended)

GN 344 in Natal Government Gazette of 5 June 1906

Master and Servants Ordinance Bill 9 of 1876

NAB CSO 314/2265

NAB CSO 982/3976

NAB CSO 1180/614

NAB CSO 1518/2324

NAB CSO 1518/4040

NAB CSO 1685/9488

NAB CSO 2847

Natal Blue Book 1896 at F44: Report of Governor Durban Gaol

Newspaper articles

The Natal Advertiser "A Plea for the Criminal" (30 May 1904)

The Natal Witness "Crime and the Criminal I"(13 September 1905)

The Natal Advertiser "Crime and the Criminal II" (18 September 1905)

The Natal Witness "Crime and the Criminal III" (20 September1905)

The Natal Advertiser "Crime and the Criminal IV" (25 September 1905)

The Natal Advertise "Crime and the Criminal V" (27 September 1905)

The Natal Advertiser "Employment Bureau for Ex - Convicts" (3 june 1904)

The Natal Advertiser "Industrial Prisons" (30 May 1904)

The Natal Advertiser"Opinions of Representative Men -Letter of Joseph Barker" (30 May 1994)

The Natal Witness "Prison Reform II (Editorial)" (15 June 1904)

The Natal Witness "Prison Reform" (29 December 1904)

The Natal Witness "Prison Reform" (31 December 1904)

The Natal Advertiser "Prison Reform" (5 January 1905)

The Natal Advertiser "Prison Reform" (21 February 1905)

The Natal Advertiser "Testimony from Within" (1 June 1904)

The Natal Witness "The City Gaol" (6 May 1905)

The Natal Advertiser "The Criminal Regenerate (Editorial)" (7 June 1904)

The Natal Witness "Why Waste PrisonLabour?" (8 June1905)

Published

19-01-2018

How to Cite

Peté, S. A. (2018). A Disgrace to the Master Race: Colonial Discourse Surrounding the Incarceration of "European" Prisoners within the Colony of Natal towards the End of the Nineteenth and Beginning of the Twentieth Centuries. Potchefstroom Electronic Law Journal, 20, 1–26. https://doi.org/10.17159/1727-3781/2017/v20i0a3011

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