Transvaal (South Africa) -- History; Transvaal (South Africa) -- Politics and government
The Volksraad confuses legislative and judicial functions. Should a
judgment displease it, it arrogates to itself the right to annul it. Nor
is there any more respect shown by the Volksraad for contracts, and, on
one occasion, it solemnly accorded to the Government the right to annul
clauses which had ceased to be satisfactory. It is unnecessary to add
that the principle of the non-retrospectiveness of laws is altogether
unknown to it.
In the Dom case the Volksraad passed a resolution disabling the
aggrieved individual from taking action against the Government.
Early in the year 1897, the Government appointed for a given day, the
allocation of the Witfontein farm in "claims" (mine concessions of 150
by 400 feet). At the last moment it was announced that the claims would
be decided by lottery; several persons having made known that they
intended to sue the Government for their claims already pegged out, a
measure was passed by the Volksraad declaring all such actions null and
void.
A Mr. Brown, an American, took proceedings. The President of the High
Court, Mr. Kotze, pronounced that this law was unconstitutional, and
gave judgment in favor of Brown, but left the amount of damages to be
determined later after hearing further evidence.
Upon this, Mr. Krueger introduced a law known as Law I. of 1897, which
empowered him to exact assurances from the judges that they would
respect all resolutions of the Volksraad, without testing whether they
were in accord or contradiction with the Constitution; and in the event
of the President not being satisfied with the replies of the judges, it
further empowered him to dismiss them summarily. The judges protested in
a body that they would not submit to such treatment. The High Court was
suspended and all legal business adjourned.
Sir Henry de Villiers, Chief Justice of Cape Colony, came to Pretoria to
endeavour to avert the crisis. Mr. Krueger promised to refrain from
enforcing Law I. of 1897, and to introduce a new law. The judges resumed
their functions.
In February, 1898, a year later, President Krueger had not introduced a
new law; President Kotze wrote to Krueger reminding him of his promise.
Mr. Krueger at once applied to him Law I. of 1897, and dismissed him.
Kotze was replaced by Mr. Gregorowski, who, at the time the law was
passed had solemnly protested that no honourable man could continue to
act as a judge in the Transvaal until the law was repealed.
Now what does Dr. Kuyper think of the Volksraad's mode of legislation,
and of the manner in which Mr. Krueger, that man "of intelligence and
superior morality," interprets respect for justice?
CHAPTER VI.
POLICE, JUSTICE, AND LAW ACCORDING TO BOER METHODS.[10]
1.--_Legal and Judicial System of the Transvaal._
Public-domain text, read in full here on John Shaqi.
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