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
The High Court crisis arose out of the case of Brown _v._ The State,
already referred to.{46} Brown had acted within his legal rights
according to the terms of a proclamation. That proclamation had been
illegally withdrawn, and the Government realizing that they would
have to stand the consequences of their action in the courts of the
country, introduced a law which was immediately passed by the
Volksraad, absolving them from all liability, and practically
non-suiting all claimants. Mr. Kotze in his judgment declared this
law to be improper and in conflict with the Constitution, and gave
judgment in favour of Brown, but left the amount of damages to be
determined later after hearing further evidence.{47}
The first Volksraad was then in special session, and the President
promptly introduced a law known as Law 1 of 1897, which empowered him
to exact assurances from the judges that they would respect all
resolutions of the Volksraad as having the force of law and declare
themselves not entitled to test the validity of a law by its
agreement or conflict with the Constitution; and it further empowered
the President in the event of his not being satisfied with the
character of the replies to summarily dismiss the judges. The judges
protested in a body that they would not submit to such treatment. The
High Court was adjourned and all legal business was stopped.
Particularly emphatic was Mr. Justice Gregorowski. He stated that
no honourable man could possibly sit upon the Transvaal Bench as long
as Law 1 of 1897 remained upon the Statute Book. At this juncture Sir
Henry de Villiers, Chief Justice of Cape Colony, came to Pretoria for
the purpose of effecting a compromise and averting a crisis. The
compromise was practically an armistice. The judges promised not to
exercise the testing right pending the speedy introduction of a
measure safeguarding the independence of the courts. Mr. Kruger on
his side promised to refrain from enforcing the provisions of Law 1
of 1897, and undertook to introduce as speedily as possible the
required new law.
Public-domain text, read in full here on John Shaqi.
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