Lord Milner's Work in South Africa: From its Commencement in 1897 to the Peace of Vereeniging in 1902Worsfold, W. Basil (William Basil)
History
Lord Milner's Work in South Africa: From its Commencement in 1897 to the Peace of Vereeniging in 1902
Worsfold, W. Basil (William Basil)
Milner, Alfred Milner, Viscount, 1854-1925; South African War, 1899-1902
more than counterbalancing the loss upon the reduction. _Parturiunt
montes; nascitur ridiculus mus._
[Sidenote: Krüger re-elected president.]
This singular display of mingled effrontery and duplicity marked the
closing months of the year (1897). In the February following Mr.
Krüger was elected to the presidency of the South African Republic for
the fourth time. It was generally recognised that the success of his
candidature was inevitable, but few, within or without the Transvaal,
had expected him to secure so decisive a victory over his competitors.
The figures--Krüger 12,858, Schalk Burger 3,750, and Joubert
(Commandant-General) 2,001--were additional evidence of the impotency
or lukewarmness of the reform party among the burghers. The first act
of President Krüger, on his return to power, was to dismiss Chief
Justice Kotzé. Mr. Kotzé's struggle for the independence of the law
courts, thus summarily closed, had commenced a year before with what
was known as the "High Court crisis." At that time President Krüger
had obtained power from the Volksraad by the notorious law No. 1 of
1897 to compel the judges, on pain of dismissal, to renounce the
right, recently exercised, to declare laws, which were in their
opinion inconsistent with the Grondwet (Constitution), to be, to that
extent, invalid. As a protest against this autocratic proceeding the
entire bench of judges threatened to resign, and the courts were
adjourned. The deadlock continued until a compromise was arranged
through the intervention of Chief Justice de Villiers. The President
undertook to introduce a new law providing satisfactorily for the
independence of the Courts, and the judges, on their side, pledged
themselves not to exercise the "testing" right in the meantime. In
February, 1898, Chief Justice Kotzé wrote to remind President Krüger
that his promise remained unfulfilled,[35] withdrawing at the same
time the conditional pledge not to exercise the "testing" right given
by himself. The President then dismissed Mr. Kotzé under Law No. 1,
compelled a second judge, Mr. Justice Amershof (who had supported the
Chief Justice in the position he had taken up) to resign, and
appointed, as the new Chief Justice, Mr. Gregorowski, who, as Chief
Justice of the Free State, had presided at the trial of the Reformers
in 1896, and at the time of the crisis a year before had declared that
"no honourable man could possibly accept the position of a judge so
long as Law No. 1 remained in force." The judicature was now rendered
subservient to the Executive, and the Uitlanders were thus deprived of
their last constitutional safeguard against the injustice of the Boer
and Hollander oligarchy.
Public-domain text, read in full here on John Shaqi.
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