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
More than once laws were passed with retroactive effect--truly one of
the grossest abuses possible for a civilized Government. But perhaps
the most startling case of all was that concerning the proclamation
of the farm Witfontein. This farm had been proclaimed a public
digging open for pegging on a certain hour of a certain day. An
unprecedented rush of peggers took place. The Government, fearing a
riot and ignoring their obvious duty in the matter of police
protection and the maintenance of order, issued an illegal notice
withdrawing the proclamation, and decided to give out the claims by
means of lottery. Numbers of prospectors pegged out claims
notwithstanding this, and the prospect of legal difficulties being
imminent the Government submitted a measure to the Volksraad, passed
also in defiance of Grondwet provisions, which was broadly to the
effect that all persons who considered that they had claims for
damages against the Government in regard to the farm Witfontein and
the proclamation thereof, had none, and that the Government was
absolved from all liability in this respect. This enactment was only
passed after several persons had signified their intention to sue the
Government. The Raad was in fact becoming familiar with the process
of tampering with the Grondwet and members appeared ready to act on
the dictates of their own sweet will without regard to consequences
or laws.
On several occasions the President and Executive had treated with
contempt the decisions of the High Court, and had practically and
publicly reversed them. There are many instances which it is not
necessary to quote but among the best-known and most instructive ones
are the two cases known as the 'Rachmann' and 'April' cases. Rachmann
was an Indian and a British subject, well educated, far better
educated indeed than the Boer of the country. In following a strayed
horse he had trespassed on the farm of one of the members of the
First Raad. He was arrested and charged with intent to steal, tried
by the owner's brother, who was a Field-cornet (district justice),
and sentenced to receive twenty-five lashes and to pay a fine, the
same sentence being meted out to his Hottentot servant who
accompanied him. Rachmann protested and noted an appeal, stating
(which was the fact) that it was not within the power of a
Field-cornet to inflict lashes, and at the same time he offered
security to the value of L40 pending the appeal. His protests were
disregarded and he was flogged. Not being a native in the sense in
which the law uses the term--_i.e._, a member of the aboriginal
races--he could plead that he was not within the jurisdiction of a
Field-cornet, and there is no doubt that the punishment was inflicted
with full knowledge of its illegality. Rachmann sued Mr. George
Meyer, the Field-cornet in question, in the Circuit Court and
obtained judgment and a considerable sum in damages, the presiding
judge, Dr. Jorissen, animadverting with severity upon the conduct of
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