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
The State, however, does not undertake the work of mining, but grants,
under certain conditions, that privilege to various classes in the
community. The Government is authorised by law to proclaim a specified
area to be public "diggings." Thereupon, certain rights are reserved to
the owner of the farm wherein the area is situated. These rights are in
effect to select certain portions of the proclaimed area as mining
"claims" belonging to the owner, and to mark off these portions. The
remainder of the area is then open to appropriation by the public, the
first comer having the first right. Shortly before the war of 1899, in
consequence of scenes of disorder attending the marking off of these
"claims" by the general public, steps were taken to introduce a system
of assigning the mining areas by lot among the residents in each
district.
The taxation of the mineral grounds was, and is, based on a dual system.
The one is taxation, by means of levying a monthly due, called a "claim
licence," in the mere possession of a mining area, called a "claim,"
whether or not the area is being developed. The other principle,
superadded to the first, was that of taxing the profits of each mine.
Before the war this latter tax amounted to five per cent.
In relation to gold mining, in one very important respect the Law of the
Transvaal, like that of Cape Colony, is in striking opposition to the
rules of civilised law all over the world. The famous I. D. B. (Illicit
Diamond Buying) enactments passed to protect diamond mining in Kimberley
have a parallel in the I. G. B. (Illicit Gold Buying) provisions of the
Transvaal Law. It is incumbent on the possessor of rough diamonds to
prove his innocence. Similarly, under the Gold Law of the Transvaal,
"Any one who is found in possession of amalgam or unwrought gold, or
uncut precious stones, and can give no proof that he obtained possession
of the same in a lawful manner," is punishable with fine and
imprisonment. For a third offence, the amount of fine and imprisonment
with hard labour is at the discretion of the Court, and forfeiture of
the unwrought gold, or uncut precious stones, follows conviction.
It is true that in England, for instance, a similar exception is in
force with reference to the possession of explosives, a measure intended
to prevent Anarchist outrages. But the difference is very great between
the two classes of cases. The manufacture and sale of explosives is not
the staple industry of England, as the production of gold and diamonds
is in South Africa. The chief occupation of the industrial population of
England is not affected; the provision remains only one of some
inconsiderable exceptions to the general rule, that every one is
presumed innocent until he is proved guilty.
Public-domain text, read in full here on John Shaqi.
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