No abstract available. / Thesis (LL.M.)-University of Natal, Durban, 1983.

LL. M.(With specialisation in Private Law))

LL. M.(With specialisation in Private Law))

The interpretations of the war of 1835 and the identity of the Fingo that were presented by the English settlers, have remained the mainstays of all subsequent histories. They asserted that the war of 1835 was the fault purely of 'Kaffir' aggression, that it was controlled by Hintza, the paramount chief, and that the ensuing hostilities were justifiable colonial defence and punishment of the Africans. The arrival of the Fingo in the Colony, it was claimed, was unconnected with the war. It was alleged that the seventeen thousand Fingo brought into the Colony in May 1835 were all Natal refugees who had fled south from the devastations of Shaka and the 'mfecane', and who had then become oppressed by their Gca1eka hosts. Both of these 'histories' need to be inverted. The 'irruption' of December 1834 was not unprovoked Rharhabe aggression, but the final response to years of the advance of the Cape Colony. Large areas of Rharhabe land had been expropriated, and their cattle regularly raided. Their women and children had been seized and taken into the Colony as labourers. The attacks were carried out by only a section of the Rharhabe on specific areas in Albany. The damage caused, and stock taken, was vastly exaggerated by the colonists. The Cape Governor, D'Urban, and British troop reinforcements arrived in Albany in January, and the Rharhabe were invaded two months later. D'Urban later invaded the innocent Gcaleka, took cattle, wreaked havoc and killed Hintza after he refused to ally with the Colony. The Fingo made their appearance at this moment. They were not a homogenous group. There were four categories within the term: mission and refugee collaborators (who were given land at Peddie and had chiefs appointed), military auxiliaries, labourers, and later, destitute Rharhabe seeking employment in the Colony. Only a small minority of the total Fingo were from Natal. The majority of the Fingo appear to have been Rharhabe and Gcaleka women and children, captured by the troops during the war and distributed on farms in the eastern districts to ameliorate the chronic labour shortage. Thus, instead of the year 1835 being one of great loss for the eastern Cape, as claimed by the settler apologists, it was a catalyst to the economic development of the area. All Rharhabe land was seized, to be granted as settler farms. Well over sixty thousand Rharhabe and Gcaleka cattle were captured and distributed amongst the colonists. The security threat of the adjacent Rharhabe and the independent Gcaleka was removed. And a large colonial labour supply was ensured.