Oom Paul's People: A Narrative of the British-Boer Troubles in South Africa, with a History of the Boers, the Country, and Its InstitutionsHillegas, Howard Clemens
History
Oom Paul's People: A Narrative of the British-Boer Troubles in South Africa, with a History of the Boers, the Country, and Its Institutions
Hillegas, Howard Clemens
Afrikaners -- History; Kruger, Paul, 1825-1904; Transvaal (South Africa) -- History -- 1880-1910
Second to that of the Volksraad, the highest power in the Government of
the country is the High Court, which is composed of some of the ablest
jurists in South Africa. From a constitutional standpoint the High
Court has no right or power to review the acts of the Volksraad. The
Constitution of the country gives supreme power to the Volksraad in all
legislative matters, and when a chief justice of the High Court recently
attempted to extend his jurisdiction over the acts of the Volksraad that
body unceremoniously dismissed him. The purpose of that part of the
Constitution which relates to the subjugation of the High Court is to
prevent some influential enemy of the republic from debauching the High
Court and in that way defying the authority of the Volksraad. In a
country which has so many peculiar conditions and circumstances to
contend with, the safety of its institutions depends upon the
centralization of its legislative and administrative branches, and the
wisdom of the early burghers who framed the Constitution so that the
entire governing power lay in the hands of the country’s real patriots
has been amply demonstrated upon several occasions.
The civil and criminal laws of the country are administered throughout
the different political divisions by local magistrates, called
land-drosts, who also collect the revenues of the district and inform
the Volksraad of the needs of the people under their jurisdiction. The
land-drost is the prototype of the old-time American country squire, in
that he settles disputes, awards damages, and conducts official business
generally. In the majority of cases the land-drosts are aged persons
who have the respect and esteem of the members of the community in which
they dwell and to whom they bear the relation of fatherly advisers in
all things. In Johannesburg and Pretoria the land-drosts are men of
eminent station in the legal profession of South Africa, and are drawn
from all parts of the country, regardless of their political or racial
qualifications. All the court proceedings are conducted in the Dutch
language, and none but Dutch-speaking lawyers are admitted to practise
before the bar. The law of the land is Holland-Roman.
Public-domain text, read in full here on John Shaqi.
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