The Asiatic Registration Act of 1906, of the Transvaal Colony, was an extension of the pass laws specifically aimed at Asians (Indians and Chinese). Under the act every male Asian had to register himself and produce on demand a thumb-printed certificate of identity. Unregistered people and prohibited immigrants could be deported without a right of appeal or fined on the spot if they failed to comply with act. The Act was repealed by the British government shortly after enactment (after some lobbying by a delegation led by Mahatma Gandhi, but it was re-enacted again in 1908.
Under the act, every Asian man, woman or child of eight years or upwards, entitled to reside in the Transvaal, was required to register their names with the Registrar of Asiatics and take out a certificate of registration. The applicants for registration had to surrender their old permits to the registrar, and state in their applications their name, residence, caste, age, etc. The registrar was to note down important marks of identification upon the applicant's person and take his finger and thumb impressions.
Parents were required to apply on behalf of their minor children and bring them to the registrar in order to give their finger impressions, etc. In case of parents failing to discharge this responsibility laid upon them, the minor on attaining the age of sixteen years was required to discharge it himself, and if he defaulted, he made himself liable to the same punishments as could be awarded to his parents.
Background
After the First Boer War (1880-1881), the London Convention of 1884, determined how the South African Republic would be governed. Unlike the Orange River Colony, which would not admit Indians, in the Transvaal, Paul Kruger had no choice and Asiatic immigration was allowed.
In 1885, the South African Republic (ZAR) passed Act 3 of 1885, amended in 1886, that placed restrictions on Asiatics in the Transvaal. This Act restricted them to certain locations, and even certain streets in towns and villages. Indians had no right that burghers had in the republic and could only own property in the locations allocated to them and had pay 3 pounds fee if engaged in a trade.
After the Second Boer War (1899-1902) Britain resumed control of the now Transvaal Colony. The old ZAR Act 3 of 1885 remained as law until the Transvaal Legislative Council, an appointed body, decided not to abolish the act but to amend it and this was known as the Asiatic Law Amendment Ordinance or Ordinance 29/1906. The ordinance became law on 28 September 1906 when it was published in the Transvaal Government Gazette.
The new ordinance went further than the old ZAR Law 3. Any Asiatic over sixteen years of age, entering or residing in the colony, could be demanded by a police officer or person authorised by the Colonial Secretary, to produce a certificate of registration. This certificate would contain, as means of identification, the fingerprints of the holder and effectively became a pass, with penalties if it were not carried at all times.
Prior to the law passing on 28 September, a meeting attended by about 3,000 Indians in the Transvaal, and several motions were passed, and a delegation was to be established and sent to petition London for its veto as laws passed by the Legislative Council needed assent by the British government. This mass meeting was held at 2pm on 11 September 1906 in the Empire Theatre in Johannesburg after all Indian businesses closed from 10am that morning.
Abdul Gani was the president of the meeting and was attended by the Colonial Secretary representative, Mr. Chamney. Five resolutions were passed at the meeting. The first resolution proposed by Nanalai Valji and it urged that the Legislative Council not pass the Asiatic Ordinance and presented the community's reasoning. The second resolution, proposed by Abdul Rahman, explained the reasons why the ordinance should be withdrawn by the local and British government. Resolution three, by Essop Mian, proposed to send a delegation to London to explain the community's grievances to the British government. Hajee Ojer Ally proposed the fourth resolution, and called for the attendees to go to jail rather than submit to the new ordinance if it was passed. Mahatma Gandhi spoke in favour of this resolution saying that it was time for action. The fifth resolution was proposed by Bhikubhai D. Malia, calling for the first resolution be sent to Legislative Council and the other resolutions be sent to the High Commissioner to the British government. The meeting ended at 5.30pm with God Save The King.