South Africa -- History; South African War, 1899-1902 -- Causes
As a matter of fact, any person who has any practical experience of the
Press of this Republic will regard the accusation as ridiculous, and as
evincing an entire ignorance of the true facts. This power has not been
exercised by the Judges on many occasions, but only once, and in that
instance the High Court annulled the decision.
With regard to the Aliens Expulsion Law, this, like the Press Law, ought
to be estimated according to its spirit and operation. Since this law
has come into force the State President has only on one occasion made
use of the power vested in him of expelling an undesirable individual,
and his action was endorsed by the approval of the Press and the public
of the country. As similar laws exist in nearly every civilised country
in the world, it is difficult to see why such a law in this Republic
should prove so objectionable in the eyes of Her Majesty's Government.
With regard to Law No. 1 of 1897, and the dismissal of Chief Justice
Kotze by virtue of its provisions, this Government can only state that
it was with the bitterest regret that it felt itself compelled, in
consequence of the arbitrary action of the said Chief Justice, to take
comprehensive measures in order to prevent absolute constitutional and
judicial disorder and chaos. It was an instance where a Chief Justice in
conflict with a law existing for, at least, forty years, and in direct
contradiction of his own decisions, suddenly adopted and applied a new
principle, which affected the legality of the laws of the Republic, and
produced real constitutional chaos. Would not any other Government under
similar circumstances have done exactly what this Republic did, namely,
pass a special law in this unusual case, in order to remove the
exceptional difficulties?
This law was only applicable to this particular instance, and became
inoperative immediately after its application; and this Government
cannot understand how suspicion can therefore fall upon the impartial
administration of Justice in this Republic. If the Government had
acquiesced in the position taken up by the late Chief Justice, then all
titles dependent upon Volksraad resolutions would have been called in
question, which would not only have dealt a heavy blow to existing
rights, but also have plunged the administration of Justice in great
uncertainty and doubt.
By this law the Judges, instead of being brought under the influence of
the Executive Council, were really placed in the same constitutional
position as any Judge in the Supreme Court of England, who is unable to
question the validity of any law.
This Government has now traversed the various contentions of Her
Majesty's Government, which have been submitted in order to prove that
the policy of this Government, with regard to the Uitlander population
and the administration of the laws, especially on the gold fields, are
the causes of the strained relationship at present existing between the
two Governments.
Public-domain text, read in full here on John Shaqi.
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