As discussed in the previous post, Fermented cane juice in Seychelles- Baka dan Sesel, sugar cane was introduced to the Seychelles islands as early as 1773 and the settlers started to drink baka, which is the naturally fermented juice of the sugar cane, as early as 1787. This was confirmed by Mr Louis Jean Baptiste Philogène de Malavois who wrote in 1787 that ‘les habitants y sont dans l’usage de boire du vin de canne à sucre’. Initially the plantation of the sugar cane was slow and large scale cultivation started in the late 1800’s. This was primarily to supplement the supply of sugar from infrequent visits from ships. Only as the delivery of sugar to the islands became more frequent, did the use of sugar cane change to making fermented cane juice known as Baka.
It did not take very long for the authorities to start getting concerned by the level of drunkenness caused by the consumption of baka which was a beverage close to the heart of the poorer classes. They consequently started to place legal restrictions on its production and consumption.
The first regulation
In 1852, Robert William Keate, the Chief Civil Commissioner of Seychelles complained to the Colonial Secretary in Mauritius of the ‘manufacture and consumption at almost every cottage of deleterious fermented drinks made from the sugar cane, pineapple and cocoa-nut’ (Seychelles Archive B-31: 280).
The first law dealing with the manufacturing and sale of baka was a regulation in 1880. It enacted the unlawfulness for any person, except a duly licensed distiller, to sell or barter or have in his possession the fermented cane juice or baka. This means that it was always permissible to prepare and consume sweet baka without penalty. However, the possession of it, when only fermented, was being prohibited.
The second regulation
The first regulation was repealed in 1881 and replaced by a second one threatening with penalty any person, except a licensed distiller, possessing implements necessary to the manufacture of baka.
Ten years later, the Seychellois were astounded by Mr Justice Richard Myles Brown, moving in Council that the law prohibiting the possession of baka by other than distillers was insufficient and that it was consequently expedient that steps be taken to completely suppress “a practice” prejudicial alike to public order and revenue.
The third regulation
In October 1893, a third Ordinance enacted that it was unlawful for any person not being a manufacturer or a licensed distiller to crush sugar cane or to extract juice therefrom in any way or for any purpose. Anybody, apart from sugar manufacturer or a licensed distiller found crushing or extracting juice from sugar cane or proved or found in possession of such juice ,whether fermented or not, as well as those found in possession of any mill or other instrument for the use of crushing canes or extracting juice or bearing traces of having been used for such purpose, or any vessel proved to have contained such juice, fermented or not, should be punished severely.
This ordinance gave rise to a considerable amount of discontent. Consequently, an appeal was made to the Secretary of State for the Colonies at Downing Street, after the laws had been enforced for just over a year. The opinion most of the leading planters was asked as to the working of the law and whether the drinking of baka had been to any extent diminished. The opinions given were various, but considerable number of those asked were of the opinion that the law was to a considerable extent evaded.
The reinstatement of the 1880 Regulation
The laws remained in force until January 1896, when it was disallowed by the Secretary of State who brought the 1880 Regulation into force again.
Another Ordinance in 1903
In 1903 an Ordinance brought baka contraventions under the jurisdiction of the Justice of the Peace, owing to inconveniences caused to all parties having to come to trial in Victoria.
The administration of a law according to which it might be legal to be in possession of a liquor at one hour ( freshly crushed unfermented juice) of which the possession in the next hour was unlawful ( juice now fermenting) turned to be very difficult.
The first failed Rum Distillery
A rum distillery was next established in 1907 and this was not a financial success. The quality of the rum produced was not of a high standard. The distiller ended up with large amount of cane juice and consequently placed large quantities of it daily on the market in Victoria and in the villages. The first fermentation of the juice was checked by boiling which delayed the fermentation by about 2 days. This gave everybody the opportunity to buy large quantities of unfermented baka at about one penny a litre which was taken away and drunk after it had been fermented.
The large supply of baka resulted in an increase in the number of cases before the Police of drunk and disorderly persons. It, furthermore, resulted in a decrease in revenue for the Colony as a result of the reduction of taxes from the sale of imported rum.
His Excellency W. E. Davidson, the Governor at that time, from 1904-1912, attempted to rectify this problem by tentatively formulated a scheme for the control of the production of baka and for the legalisation of its possession or sale at any degree of fermentation, subject to the recovery of an excise duty. The matter had been so constantly under discussion that all alternative schemes for the taxation of baka were quite familiar with the general public. But as each rival scheme had its opponents, His Excellency invited the Chief Justice to preside, as Chairperson, over a committee composed of the leading representatives of each interest and each line of thought in order or ascertain which method received general support.
Another Ordinance
As a result of this committee’s deliberations, a bill was framed under which it was proposed to enact that it should be unlawful for any person, who was not a licensed manufacturer, to make baka, whether for consumption in the sweet or fermented state. The tariff of licences was fixed and every manufacturer of baka was compelled to pay, in addition to the licence, an excise duty of four cents for every litre of baka made.
Further, the retail sale of baka, except on licensable premises, was rendered illegal. Another clause required that planters intending to cultivate sugar cane should notify, in writing, the proper authority of their intention. This received the approval of the Secretary of State but was not introduced before the Legislative Council of the Colony and did not consequently become law owing to the fear of creating a monopoly, and the difficulties in exercising the required supervision.
Legal definition of Baka
The Ordinance 3 of 1904 attempted to legally define for the first time the alcoholic content of Baka. See extract below from the Journal of Comparative Legislation and International Law- Eastern Colonies:
A Tax Propossal
The treasurer of the time, Mr. Vaudin, proposed that a tax should be levied directly on the plantation of the sugar cane. It was objected that it was not expedient to tax the produce of the soil and that it would prove difficult to keep a check on the area of the land under cultivation. Mr Vaudin stated in reply that this question had engaged the attention of the Government and the public for several years without the problem being solved. Theoretically, the licensing of mills and the taxation of the juice seemed to be the fairest, but its application seemed to be the most unworkable in practice.
The small planter who could not afford to put up a mill or pay the licence would have recource to a licensed mill owner to crush his canes for a fee. It was conceivable that a poor man who may have come from the hills with his canes to be crushed at the nearest mill be refused, for some pretext or other, this privilege by the mill owner who would impose terms entailing considerable loss for the planter.
There was at that time only one mill owner who had cylinders worked by steam to turn out as much baka as he could find for sale. The tendency would have been to create a monopoly in favour of one or two capitalists, who would be better equipped for competition, as the owners of the primitive roller mill.
Another Law
In 1917, under Governor Sir Eustace Fiennes, another law was passed. Sugar canes were taxed SCR 250.00 per acre of and proportionately for every tenth thereof. The mill was registered for a fee of SCR 10.00. The Governor, two years after seeing that the poor was handicapped with this law, amended it to 2 cents per square feet.
The petition to legalise ‘festin’
In 1922, some landowners petitioned to have the ‘festins’ legalised. The practice was that, proprietors of an estate who had a specially difficult task to be undertaken or any poor man who wanted helping hands to till his property would seek assistance from the village and at the end of the task baka was offered as compensation. The fondness for the drink was so great that labourers would perform any exceptionally hard work for a few kafoul of baka without any other payment. Governor Byrne ruled that those festins were illegal and banned them. He furthermore increased the duty on brown sugar exorbitantly, as well as the retail licences. Registration fees for the mills was raised from SCR 10 to SCR 100.00. This created a lot of unhappiness in that suddenly proprietors found themselves deprived of their regular supply of hard labour.
The call for tenders
This move did not change the situation in the least. The government then called for tenders for the privilege to sell baka. This created fierce competition among the manufacturers that resulted in the price of baka to drop from 20 cents to 15 cents per litre. It did however create extra revenue for the colony. It was also alleged that some manufacturers started to adulterate their baka by adding extra sugar and diluting it with water!
Ordinance number 9
The problem of drunkenness carried on and the Ordinance No. 9 was introduced to attempt to add further control. Below are the provisions of the Ordinance :
1935 Ordinance
In 1935 further ordinances were passed to further control the production of baka. Manufacture was permitted only under strict police supervision in licensed mills and a tax was levied on the baka. The problem was so great that it was even discussed in the UK Parliament on 20 May 1936.
I have posted below transcript of the discussion:
“SEYCHELLES ISLANDS (LIQUOR TRAFFIC).
HC Deb 20 May 1936 vol 312 cc1180-11180
Mr. WILSON
asked the Secretary of State for the Colonies what changes there have been in he control of the liquor traffic in the Seychelles Islands; why the changes were necessary; and whether there are any statistics to indicate the condition generally before the changes and since?
asked the Secretary of State for the Colonies whether he has received from the Governor of the Seychelles any indication of the promised proposals for a more effective control of the liquor traffic; and, if so, what are their nature?
Mr. J. H. THOMAS
Ordinances were passed in December last for the more effectual control of the production of alcoholic beverages in the Seychelles. As a description of the changes which these Ordinances effect involves points of detail, I am circulating a full statement in the OFFICIAL REPORT.
Following is the statement:
Ordinances were passed in December, 1935, regulating the manufacture of bacca and toddy, which are fermented beverages made from the juice of crushed sugarcane and the coconut palm respectively. Prior to their enactment no alcoholic beverage might be manufactured in the Colony except bacca. The previous system of licensing sugar-cane areas for the production of bacca proved to be unsatisfactory, as it did not prevent the adulteration of the product with cheap imported sugar. Manufacture is now permitted only under strict police supervision in licensed mills, and an excise tax is levied on the product. The registration of sugar-cane areas is maintained as an additional check on the production of bacca.
The manufacture of toddy was formerly illegal, but the prohibition proved impossible to enforce, owing to the fact that the inhabited part of the Seychelles Group includes many scattered islands, with some of which communication is infrequent, and where supplies of the permitted beverage, bacca, are frequently not procurable. In addition, the raw material, namely the coconut palm, is readily available in all parts of the Colony. I have no detailed statistics as to the position regarding the manufacture of alcoholic beverages before the passage of the recent Ordinances; but I understand that in 1933, for example, the 215,000 litres of bacca sold by the licensed taverns were more than could have been manufactured from the registered sugarcane areas.
The attempts to suppress the manufacture and consumption of toddy involved the Police Department in a quite disproportionate amount of fruitless labour, especially in the remoter islands. Too short a time has elapsed since the introduction of the new methods of control to enable a report to be furnished as to their operation.”
The Saga Continues to this day
Since then there has been numerous amendments to the law and, now that the Seychellois have access to other alcoholic beverages, baka in itself is not a major concern, although consumption of alcohol in general is still a major challenge.
Sources
Journal of Comparative Legislation and International Law- Eastern Colonies
A History of Seychelles 1774-1930 ( chapter 30), An Outline, By Guy Morel, unpublished
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