SAIIA SOUTH AFRICAN DIPLOMATS ABROAD.pdf

Colonial status and Foreign Affairs
establishment of an all-British regime in South Africa
might well have been a retrograde step in the diplomatic
evolution of the country but, in actual fact, this was less so than
might have been expected. Once again the forces of economic
interest and geography involved local governments in negotiationsjvith
foreign powers.
The first example of this was the development of inter-
_->- course between the Transvaal and Mozambique. The supply
of labour from Portuguese East Africa for the mines of the
Witwatersrand and the exchange of goods between adjoining
territories, as well as the steady increase of imports and exports
via the port of Lourenco Marques required embodiment in
proper diplomatic form.
While fighting was still in progress between Boers and British
in November, 1901, Lord Milner had written to Mr. Joseph
Chamberlain as Colonial Secretary:
"There are only certain tribes among whom underground
workers can be found in any great numbers, and these reside
mostly in Portuguese territory. As you are aware, difficulties
have arisen about the introduction of Portuguese natives and
the matter is at present the subject of negotiationsbetu-een the Qovern or*
Qeneral of Mozambique and myself. ..."
Here it is significant that it was Lord Milner, as High Commissioner
in South Africa, who had to advise his chief, Mr.
Chamberlain, of what negotiations were in progress on the spot.
It became plain in practice that a certain amount of independent
action was unavoidable even under the Crown Colony regime.
The discussion resulted in a preliminary international agreement
between the Transvaal and Mozambique signed in December,
1901 and known as the "Modus Vivendi", This document
was based on the original treaty of 1875 between the South African
Republic and Portugal.
Examination of the phrase "modus vivendi" shows that
it is "a temporary provisional agreement, usually intended
to be replaced later on, whenever it may prove feasible, by one
of a more permanent and detailed character. This sometimes
consists of an agreement signed by both parties or even of a
convention but more often of an exchange of notes".
Although the over-riding authority of the Foreign Office was
there in the background the fact remained that, through Lord
Milner, South Africa had concluded an international agreement.
In 1909 it was replaced by the Mozambique Convention which,
renewed and varied from time to time, has remained jn force
up to the present. «'-/-f
(ft)