Transvaal (South Africa) -- History -- War of 1880-1881
Prior to the Annexation justice was administered in a very primitive
fashion. First, there was the Landdrosts' Court, from which an appeal
lay to a court consisting of the Landdrost and six councillors elected
by the public. This was a court of first instance as well as a court of
appeal. Then there was a Supreme Court, consisting of three Landdrosts
from three different districts, and a jury of twelve selected from the
burghers of the State. There was no appeal from this court, but cases
have sometimes been brought under the consideration of the Volksraad as
the supreme power. It is easy to imagine what the administration of
justice was like when the presidents of all the law courts in the
country were elected by the mob, not on account of their knowledge of
the law, but because they were popular. Suitors before the old
Transvaal courts found the law surprisingly uncertain. A High Court of
Justice was, however, established after the Annexation, and has been
continued by the Volksraad, but an agitation is being got up against
it, and it will possibly be abolished in favour of the old system.
In such a community as that of the Transvaal Boers the question of
public defence was evidently of the first importance. This is provided
for under what is known as the Commando system. The President, with the
concurrence of the Executive Council, has the right of declaring war,
and of calling up a commando, in which the burghers are placed under
the field cornets and commandants. These last are chosen by the field
cornets for each district, and a Commandant-general is chosen by the
whole laager or force, but the President is the Commander-in-Chief of
the army. All the inhabitants of the State between sixteen and sixty,
with a few exceptions, are liable for service. Young men under
eighteen, and men over fifty, are only called out under circumstances
of emergency. Members of the Volksraad, officials, clergymen, and
school-teachers are exempt from personal service, unless martial law is
proclaimed, but must contribute an amount not exceeding £15 towards the
expense of the war. All legal proceedings in civil cases are suspended
against persons on commando, no summonses can be made out, and as soon
as martial law is proclaimed no legal execution can be prosecuted, the
pounds are closed, and transfer dues payments are suspended until after
thirty days from the recall of the proclamation of martial law. Owners
of land residing beyond the borders of the Republic are also liable, in
addition to the ordinary war tax, to place a fit and proper substitute
at the disposal of the Government, or otherwise to pay a fine of £15.
The first levy of the burghers is, of men from eighteen to thirty-four
years of age; the second, thirty-four to fifty; and the third, from
sixteen to eighteen, and from fifty to sixty years. Every man is bound
to provide himself with clothing, a gun, and ammunition, and there must
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