South Africa and the Transvaal War, Vol. 8 (of 8): South Africa and Its Future — John Shaqi
South Africa and the Transvaal War, Vol. 8 (of 8): South Africa and Its Future
History
South Africa and the Transvaal War, Vol. 8 (of 8): South Africa and Its Future
South African War, 1899-1902; Transvaal (South Africa) -- History
In respect to the tenure of property, more especially of property in
land, the differences which exist are all in favour of Roman Dutch Law.
An admirable system of registering titles to land, whether of ownership
or mortgage, exists in South Africa, as on the Continent of Europe,
where that most valuable legacy from the Roman Empire has remained
unchanged in principle to our day. No tedious scrutiny of documents
attesting title to land is necessary, as it is in England. The official
register is sufficient proof of ownership. Transfer is rapid and
inexpensive. Again, unavoidable calamity, amounting to a condition of
impossibility of beneficial occupation, excuses from the necessity of
payment of rent of land. Such excuse is not known to the Law of England.
Unlike the Law of England, but like the Law of Scotland, desertion by
either party to a marriage furnishes ground for absolute divorce, with
right of re-marriage. The system, flowing directly from the Roman Law,
both in Scotland and South Africa, is understood to work satisfactorily,
comparatively few divorces being sought for.
II.--THE MODERN LAW OF SOUTH AFRICA
Leaving the general principles of the law affecting personal status,
family relations, and property rights, the difference between the Law of
England and that of South Africa practically disappears as regards
Europeans in social relations. In the whole field of Commercial Law, and
in that of the Law of Crimes and Punishments, the Law of England has
practically been adopted in all the States and Colonies. The origin of
this state of the law is, of course, to be found in the fact that the
Roman Law conceptions were out of harmony with modern commercial
conditions and the competition of the World Market; and also that their
code of Crimes and Punishments has become inappropriate to the later
forms of European civilisation.
Several features of South African legislation require more special
notice. The Transvaal Law may be taken as typical of that of the other
States, and political and economical conditions make the law of the late
Republics of most importance and interest to the British public. The
most salient topics are those dealt with by the Law of Mines, the law as
to the natives, and the Law of Universal Military Service.
The law as to minerals, including not alone gold and silver, but all
precious metals and precious stones, is based on State ownership. It is
expressly declared: "The right of mining for and disposal of all
precious stones and precious metals belongs to the State."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account