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 law relating to natives, under which head are included all the
coloured races, is equally strange to those familiar only with the Law
of England. The so-called Pass Law provides that every native in
districts or towns inhabited by Europeans--everywhere, in fact, except
in the native villages--must be in possession of an official passport,
showing he is registered in an official State registry. Other
regulations limit the action of the native--the Curfew regulations,
compelling Kaffirs in town districts to remain indoors after sunset.
Municipal rules, prohibiting Kaffirs from walking on the footpath of the
street, and special rules of the Criminal Law affect them. The lash is
presented as the penalty for various offences. The death penalty is
inflicted for Kaffir outrages on women of the European race. By the
imposition of a Hut Tax, payable annually, the Kaffir is induced to
labour; an occupation which, if left to himself, he prefers to leave to
women.
The Law of Universal Military Service, applying to all Europeans who are
burghers--a law of all the States of South Africa--furnishes another
point of divergence from the Law of England. In the Transvaal all
burghers over the age of sixteen and up to the age of sixty are under
the military command of the elected Field Cornet of the district. In
time of war the age begins at fourteen and has no fixed limit for
ending. This, be it noted, is not a case of conscription; it is a levy
_en masse_, taken as a normal condition of life. Burghers on commando
are exempt from civil process, and are exempt from the obligation of
paying claim licenses for the period they are on commando.
III.--RECENT BRITISH MODIFICATIONS
It is, of course, in the present stage of our information impossible to
state fully the various modifications which have been introduced in the
new Colonies since the British annexation two years ago.
Some changes worth noticing have, however, been published.
In Private Law, the chief change of which we have information appears to
have been the abolition of the Orphan Chamber of Roman Dutch Law--a
State department concerned with the administration of infants' estates.
The change, however, seems only to have been one of administration and
title, the duties of the abolished Chamber being transferred to the
Attorney-General's Department.
As regards the Gold Law, an enactment by the late Republic of a war-tax
on the gold output of from forty to fifty per cent. has been abolished.
The British tax on the mines has been fixed by proclamation at ten per
cent. on the profits of each mine. The system of claim licenses--taxation
on the possession of mining areas--is continued.
Minor modifications of the details of the Native Pass Law have also been
announced, including the restriction of the number of cases, and of the
power of magistrates to sentence Kaffirs to the punishment of the lash.
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