The Transvaal from Within: A Private Record of Public AffairsFitzpatrick, Percy
History
The Transvaal from Within: A Private Record of Public Affairs
Fitzpatrick, Percy
Jameson's Raid, 1895-1896; Transvaal (South Africa) -- Politics and government -- 1880-1910
As is well known, the Grondwet (the written constitution of the
country) prescribes certain formalities for the introduction of new
laws. In order to evade the law, and so avoid hostile criticism of
proposed measures, in order, in fact, to prevent the public and even
the Volksraad members from knowing and studying or explaining and
digesting the intended legislation, it has become the practice of the
Government to propose and rush through the most radical and important
enactments in the form of amendments or explanations of existing
laws. Prior to 1895 the Transfer Law imposed a tax of 4 per cent.
upon the purchase-price of fixed property; and in the case of sales
for shares a valuation of the property was made by the Government
district officials, and transfer duty was paid on the amount of the
valuation. This was universally done in the case of claims, which
must of necessity in most instances be transferred several times
before they become registered in the name of the company eventually
working them. It was admitted that to pay 4 per cent. of full value
on every transfer, or to pay 4 per cent. on the nominal value of
ground on which years of work would have to be done and large sums of
money expended before shareholders could reap one pennyworth of
profit would be iniquitous. In 1895, however, the Raad thought
otherwise, and amended the law by the insertion of the words 'in cash
or shares' after the words 'purchase-price.' The result is, that
owners who have acquired claims at great cost, who have paid licenses
continuously on their claims, and who have paid full transfer duty on
each nominal change of ownership, necessary to consolidation into
workable blocks or groups, are now required to pay again in cash 4
per cent. on the total capital allotted in respect of these claims in
the company formed to work them. Members of the Raad, in supporting
this measure, did not hesitate to argue that it was a good law,
because the burghers did not sell their farms for shares, but for
cash, and it was right to tax those people who deal in shares.
The sense of insecurity which obtains during the Sessions of the Raad
is due scarcely less to the threats which are not fulfilled and
attempts which do not succeed, than to what is actually compassed. A
direct tax on gold has more than once been threatened; concessions
for cyanide, jam, bread, biscuits, and woollen fabrics were all
attempted. The revival of an obsolete provision by which the
Government can claim a royalty on the gold from 'mynpachts,' or
mining leases, has been promised, and it is almost as much expected
as it is dreaded.
Public-domain text, read in full here on John Shaqi.
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