ARTICLE 1.--This State shall bear the name of the South African Republic.
ARTICLE 2.--The form of government of this State shall be that of a republic.
ARTICLE 3.--It desires to be recognized and respected by the civilized world as an independent and free people.
ARTICLE 4.--The people seek for no extension of territory, and desire it only in accordance with just principles, when the interest of the Republic makes such extension desirable.
ARTICLE 5.--The people desire to retain and maintain their territory in South Africa unimpaired. The boundaries thereof are fixed by proclamation.
ARTICLE 6.--Its territory is open for every foreigner who obeys the laws of this Republic. All who are within the territory of this Republic have equal claims to protection of person and property.
ARTICLE 7.--The land or farms situate in this territory which have not yet been given out, are declared to be the property of the State.
ARTICLE 8.--The people claim the utmost social freedom, and expect the result from the maintenance of their religious belief, from the observance of their obligations, from submission to law, order and right, and the maintenance of the same.
The people permit the spread of the Gospel among the heathen under fixed precautions against deceit or misleading.
ARTICLE 9.--The people will not allow any equalization of the coloured inhabitants with the white.
ARTICLE 10.--The people will not suffer any slave trade or slavery in this Republic.
ARTICLE 11.--The people reserve to themselves the protection and defence of the independence and inviolability of the State, subject to the laws.
ARTICLE 12.--The people entrust the legislation to a Volksraad--the highest authority in the land--consisting of representatives or deputies of the people, chosen by the enfranchised burghers; but with the reservation that a period of three months shall be left to the people to enable them if they so wish to communicate to the Volksraad their verdict on a proposed law; except those laws which can suffer no delay.
ARTICLE 13.--The people charge the President with the task of proposing and executing the laws; he also brings before the Volksraad the appointments of all civil servants for ratification.
ARTICLE 14.--The people entrust the maintenance of order to the military force, the police, and other persons appointed by the law for that purpose.
ARTICLE 15.--The people place the judicial power in the hands of a Supreme Court, Circuit Court, Landrosts, Juries, and such other persons as shall be entrusted with judicial powers, and leave all these free to discharge their function according to their judgment and consciences, according to the laws of the land.
ARTICLE 16.--The people shall receive annually from the Volksraad an estimate of the general income and expenses of the State, and learn therefrom how much every man's taxes shall amount to.
ARTICLE 17.--Potchefstrom, situated on the Mooi River, shall be the capital of the Republic, and Pretoria the seat of Government.
ARTICLE 18.--All services rendered on behalf of the public are remunerated by the public.
ARTICLE 19.--Freedom of the press is granted provided the printer and publisher remain responsible for all the documents which contain defamation, insult, or attacks against any one's character.
OF THE PROTECTION AND DEFENCE OF THE STATE.
ARTICLE 20.--The people shall only appoint as representatives in the Volksraad those who are members of a Protestant Church.
ARTICLE 21.--The people desire the growth, prosperity, and welfare of the State, and with this view provision for suitable school teachers.
ARTICLE 22.--Providing also that in time of peace precautionary measures are taken to enable the State to wage or withstand a war.
ARTICLE 23.--In case of a hostile attack from outside, everyone, without distinction, shall be held bound to lend his assistance on the promulgation of martial law.
ARTICLE 24.--No treaty or alliance with foreign powers or peoples may be ratified until the Volksraad has expressed its feelings upon the same, the treaty requiring to be ratified and passed or else cancelled according to the judgment of the Volksraad, with exception of those treaties which the Government is empowered by law or Volksraad resolution to make.
ARTICLE 25.--In case of threatening danger for the State or in time of war, the right of judging as to whether such treaty or alliance is advisable or not is left to the Commandant-General advised by the Military Council, if the commandos are in the field, and there is no time to consult the Executive Council.
OF THE VOLKSRAAD, THE HIGHEST AUTHORITY, OR THE LEGISLATIVE POWER.
ARTICLE 26.--The Volksraad shall be the highest authority of the country, and the legislative power.
ARTICLE 27.--No civil servants are to be representatives of the people.
ARTICLE 28.--The Volksraad shall consist of at least twelve members, who must possess the following qualifications:--
They must have attained the age of thirty years, and be born in the Republic, or have for fifteen consecutive years been burghers entitled to vote, be members of a Protestant Church, reside, and possess immovable property, in the Republic. No persons of notoriously bad character, or who have had a dishonouring sentence pronounced against them, and no uncertified or unrehabilitated insolvents shall be eligible. They may not be related to each other in the relationship of father and son or stepson. No coloured persons or bastards shall be admitted into our Assemblies. In like manner no military officer or official of the State, who draws a fixed annual or monthly salary, shall be eligible as member of the Volksraad.
ARTICLE 29.--The members of the Volksraad are elected by a majority of votes from among the electors of each district. No one shall be considered as elected who has not obtained at least sixty votes. Every one who is born in the country and has attained the age of twenty-one years, or has become naturalized, shall be a burgher qualified to vote. The members of the Volksraad are elected for the period of four years.
ARTICLE 30.--No one shall be eligible who has not received a requisition signed by at least twenty-five voters. The voters in one district are at liberty to vote for a candidate living in another district. (That is to say, they may be represented by a candidate who resides in a district other than that in which the voters reside.)
ARTICLE 31.--Every enfranchised burgher is allowed, if he wishes, to bring accusations against the President or members of the Executive Council for contravention of their duties or official crimes, and send those accusations to the President of the Volksraad, under the address; "To the Hon. President of the Volksraad," who then shall act according to his judgment of the affair.
ARTICLE 32.--The election of members for the Volksraad shall take place in the month of January or February, or in exceptional cases upon such times as shall be fixed. For each district two members shall be chosen, except the districts Pretoria, Potchefstrom, Rustenberg, Lydenburg and Vryheid, for which three members shall be elected. Elective districts on the Gold-fields shall each elect one member. At the expiration of the second year it shall be decided by lot which half of the members shall go out; the other half shall vacate their seats at the end of the fourth year, and so on. New members of the Volksraad shall be chosen from the districts whose members fall out. Retiring members are re-eligible.
ARTICLE 33.--The Volksraad appoints, outside its members, a Secretary, to be proposed by the Executive Council.
ARTICLE 34.--A Volksraad member who absents himself, and does not comply with the notice to attend, incurs a penalty of Rds. 75.
ARTICLE 35.--The reasons for a Volksraad member's non-appearance are:--
(1) Indisposition and bodily infirmity, to be proved by the member chosen or summoned, by a signed declaration of the Landrost, Commandant, or Field-Cornet of his division.
(2) Such unforeseen circumstances, being actually proved, as make it impossible for him to be present, or to remain there.
ARTICLE 36.--All objections, excuses, and notices mentioned in Articles 34 and 35 shall be sent into the President and be decided upon by the Executive Council. Provision shall be made as soon as possible to fill in the places open in consequence.
ARTICLE 37.--The members of the Volksraad shall, before taking up their official duties, be sworn by the members of the Volksraad who are present on the day of the session; their oath shall be of the nature of the following:--
"As elected member of the Volksraad of this Republic, I declare, believe, and swear solemnly, that I have neither made nor promised gifts to anyone to reach this office; that I shall be faithful in this office to the people; that I shall act in accordance with the Constitution and other laws of this country, according to the best of my knowledge and conscience, and consider only the furtherance of the happiness and welfare of the public at large."
ARTICLE 38.--The members of the Volksraad present choose their Chairman after the opening of the session, and before the annual business.
ARTICLE 39.--All deliberations shall be settled by a bare majority of the votes of the members voting.
ARTICLE 40.--The Volksraad does not separate before all matters of business which must be treated of are finished, and the session is closed by the President of the Volksraad. A member can obtain leave of absence from the Volksraad, if he is in such case as mentioned in No. 2, Article 35.
ARTICLE 41.--The members of the Volksraad doing service as such shall be free from military service, without being free from the costs which the military authorities may exact from them: they shall enjoy remuneration for the period of their stay during the cessation of their private business.
ARTICLE 42.--The meetings are held with open doors, unless the Volksraad decide that the discussions upon some proposition be taken in secret. The persons present who have no seat in the Volksraad may only speak when they answer a question of the President.
ARTICLE 43.--The President shall bring forward for discussion the proposals for laws which have come in before the Volksraad, whether the latter have been made known to the public three months before the commencement of the session, or whether the same have come in during the session of the Volksraad.
ARTICLE 44.--When the notices of laws and Government notices to the public have not been given in time, the President shall examine with whom the blame of that delay lies. A Landrost found guilty hereof shall have a fine of Rds. 50 inflicted, and a Field-Cornet or lesser official of Rds. 25.
ARTICLE 45.--A copy of every law which has been adopted shall be sent in by the Chairman to the President for execution.
ARTICLE 46.--When a new President is appointed, the Volksraad shall depute four of its members and the Secretary to invite him to come and take his official oath in the meeting of the Volksraad.
ARTICLE 47.--On the appointment of the members of the Executive Council and the Commandant-General, the Volksraad shall give them written notice thereof, in order to enable them to take the official oath before the Volksraad at a time to be fixed.
ARTICLE 48.--The President shall annually submit a list of all officials appointed during the year for the approval or disapproval of the Volksraad.
ARTICLE 49.--In the event of the Court, contemplated by Article 8 of the Amendment of the Grondwet of 1877, declaring the State President, or the Supreme Court, contemplated by Article 115 of the Grondwet, declaring the Commandant-General or other members of the Executive unfit to occupy his or their office, the Chairman of the Volksraad, upon the receipt of the decision of such Court, shall convene the members of the Volksraad, who shall be bound to attend, in order to dismiss the official or officials found guilty; and to provide for the filling up of the vacancy or vacancies so caused.
ARTICLE 50.--The members of the Volksraad assemble in the Council Hall annually on the first Monday in May, or such other time as may be indicated in their summons, whenever the President judges it necessary that the Volksraad should come together; and daily from that time onwards at nine o'clock in the morning, so as to be at work not less than four to five hours a day. The assembly of the Volksraad shall be opened and closed with a suitable prayer.
ARTICLE 51.--The President of the Volksraad is responsible that the meetings are held according to regulations in Article 50, on neglect of which the Volksraad can fine him in 5 to 50 Rds.
ARTICLE 52.--The maintenance of order among the persons present, as mentioned in Article 42, must be entrusted to the Field-Cornet appointed to that purpose by the Landrost of the district where the session is held.
ARTICLE 53.--The Landrost shall also appoint a messenger to be at the service of the Volksraad during the meeting.
ARTICLE 54.--The Volksraad judges all contraventions of regulations fixed by the Volksraad, and committed in the hall of the Volksraad, and punishes the infringers without further appeal.
ARTICLE 55.--Notice is given by the Secretary of all fines inflicted by the Volksraad, to the Landrost under whom the persons fined reside, and the latter sees to its execution.
OF THE STATE PRESIDENT AND MEMBERS OF THE EXECUTIVE COUNCIL.--THE PROPOSERS OF LAWS.
ARTICLE 56.--The executive power resides in the State President, who is responsible to the Volksraad. He is chosen by a majority of the burghers entitled to vote, and for the term of five years. He is eligible for re-election. He must have attained the age of thirty years, and need not be a burgher of the State at the time of his nomination, and must be a member of a Protestant Church, and have no dishonouring sentence pronounced against him. (By a subsequent law the President must be chosen from among the burghers; he must be a burgher. Outsiders are excluded.)
ARTICLE 57.--The President is the first or highest official of the State. All civil servants are subordinate to him; such, however, as are charged with exercise of the judicial power are left altogether free and independent in its exercise.
ARTICLE 58.--As long as the President holds his position as such he shall fill no other, nor shall he discharge any ecclesiastical office, nor carry on any business. The President cannot go outside the boundaries of the State without consent of the Volksraad. However, the Executive Council shall have the power to grant him leave to go outside the boundaries of the State upon private affairs in cases of necessity.
ARTICLE 59.--The Vice-President assumes authority in case the President is dismissed or incapable of acting, or is absent from seat of government.
ARTICLE 60.--The President shall be discharged from his post by the Volksraad after conviction of misconduct, embezzlement of public property, treachery, or other serious crimes, and be treated further according to the laws.
ARTICLE 61.--If in consequence of transgression of the Constitution or other public misdemeanors the Volksraad resolve that the President shall be brought to trial, he shall be tried before a special court composed of the members of the High Court, the President and another member of the Volksraad, while the State Attorney acts as Public Prosecutor. The accused shall be allowed to secure assistance of a lawyer at his choice.
ARTICLE 62.--The President is charged with the proposing of laws to the Volksraad, whether his own proposals or others which have come in to him from the people; he must make these proposals known to the public by means of the Staats Courant three months before presenting them to the Volksraad, together with all such other documents as are judged useful and necessary by him.
ARTICLE 63.--All proposals for a law sent in to the President shall, before they are published, be judged by the President and Executive Council as to whether publication is necessary or not.
ARTICLE 64.--The President submits the proposals for laws to the Volksraad, and charges the official to whose department they belong first and foremost, with their explanation and defence.
ARTICLE 65.--As soon as the President has received the notice of the Volksraad that the proposed law is adopted, he shall have that law published within two months, and after the lapse of a month, to be reckoned from the publication, he shall take measures for the execution of the same.
ARTICLE 66.--Proclamation of martial law, as intended in Article 23, shall only be made by the President with the assent of the members of the Executive Council. This proclamation must, however, take place in case of pressing danger, and the law shall then at once be put into execution; the decision with regard to the danger is left to the President and the members of the Executive Council, and is on their responsibility. The Commandant-General must be present at the consideration and decision of military affairs in the Executive Council in virtue of his office, and shall have a vote as such therein.
ARTICLE 67.--The President, with advice of the Executive Council, declares war and peace, with reference to Article 66 of the Constitution; the Government having first, if possible, summoned the Volksraad before the declaration of war. Treaties of peace require the ratification of the Volksraad, which is summoned as soon as possible for that purpose.
ARTICLE 68.--The President appoints all officials, either personally, by commission through the head officials, taking into consideration that all officials must be enfranchised burghers, or must produce good testimonials to the satisfaction of the Government, and that so far as they are charged with financial administration, must find adequate security therefore at the choice of the Government.
ARTICLE 69.--The President complies, as far as possible, with the desire of the people, as referred to in Article 21.
ARTICLE 70.--The President shall submit, yearly, at the opening of the Volksraad, estimates of general outgoings and income, and therein indicate how to cover the deficit or apply the surplus.
ARTICLE 71.--He shall also give a report during that session of that Volksraad, of his actions during the past year, of the condition of the Republic and everything that concerns its general interest.
ARTICLE 72.--After examination of the election returns for the members of the Volksraad, sent in to the Executive Council, he shall summon that Raad, yearly, on the first Monday of May, and whenever necessity so demands.
ARTICLE 73.--He publishes in the month of March or April the names and residences of those chosen members of the Volksraad.
ARTICLE 74.--The written summons of the members of the Volksraad shall be sent to their houses three weeks before the opening of the same.
ARTICLE 75.--The President and one member of the Executive Council shall, if possible, visit the towns and villages of the Republic where Landrost's officers are, once in the year; he shall examine the state of those offices, inquire into the conduct of the officials, and on these circuits give the inhabitants during their stay an opportunity to bring before him anything they are interested in.
ARTICLE 76.--The President has the power, saving his responsibility to the Volksraad, to dismiss officials from their offices, to make provisional appointments, and to fill all open places. He reports to the first following session of the Volksraad with regard to these transactions.
ARTICLE 77.--The President signs all appointments of officials, gives them their instructions himself, or has it read and explained to them by qualified officials, administers the oath, makes them sign it, and after their appointment puts into their hands a copy of instructions.
ARTICLE 78.--The President is charged with the administration of the public service, the Postal Department and Public Works; he and the members of the Executive Council are at the same time charged with the supervision of the powder magazines and cannon of the State.
ARTICLE 79.--Correspondence with foreign powers shall be carried on by the President and the Executive Council. The dispatches shall be signed by him and the Secretary of State.
ARTICLE 80.--The President with the Executive Council has the right to diminish or remit sentences of punishment passed for misdemeanours or crime, on recommendation of the Court that has passed the sentence, or upon petition of the person condemned, after having taken the advice of the Court thereupon.
ARTICLE 81.--Before accepting his office he shall take the following oath before the Volksraad:--
"As elected President of the Republic, I promise and swear solemnly, that I shall be faithful to the people; and that I shall act according to right and law in my office, according to the best of my knowledge and conscience without respect of persons; that I have done no one favour, nor made presents to reach this office; that I shall not accept from anyone any present or favour, if I can suppose that this present or favour should be made or done with a view of gaining from me a resolution in favour of the person who does the favour or makes the gifts; that I shall act according to the Constitution of the Republic, and intend alone the furthering of the happiness and welfare at large of its inhabitants."
ARTICLE 82.--The President exercises his power along with the Executive Council. An Executive Council shall be joined to the President, consisting of the Commandant-General, two enfranchised burghers, a Secretary, and a Notekeeper (notulenhouder), who shall have an equal vote, and bear the title of members of the Executive Council. The Superintendent of Native Affairs and the Notekeeper shall be ex-officio members of the Executive Council. The President and members of the Executive Council shall have the right to sit, but not to vote, in the Volksraad. The President is allowed, when important affairs arise, to invite the head official to be present in the Executive Council whose department is more directly concerned with the subject to be treated of. The said head official shall then have a vote in the Executive Council, be equally responsible for the resolution taken, and sign it along with the others.
ARTICLE 83.--According to the intention of Article 82 the following shall be considered "Head Officials": The State Attorney, Treasurer, Auditor, Superintendent of Education, Orphan-Master, Registrar of Deeds, Surveyor-General, Postmaster-General, Head of the Mining Department, Chief Director of the Telegraph Service, and Chief of Public Works.
ARTICLE 84.--The President shall be Chairman of the Executive Council, and in case of an equal division of votes have a casting vote. For the ratification of sentences of death, or declarations of war, the unanimous vote of the Executive Council shall be requisite for a decision.
ARTICLE 85.--Regularly once a month, and at such other times as the President shall judge necessary, the Executive Council shall sit at his office.
ARTICLE 86.--The President with two members form a quorum.
ARTICLE 87.--All resolutions of the Executive Council and official letters of the President must, besides being signed by him, also be signed by the Secretary of State. The latter is at the same time responsible that the contents of the resolution, or the letter, is not in conflict with the existing laws.
ARTICLE 88.--The two enfranchised burghers or members of the Executive Council contemplated by Article 82 are chosen by the Volksraad for the period of three years, the Commandant-General for ten years; they must be members of a Protestant Church, have had no sentence in a criminal court to their discredit, and have reached the age of thirty years.
ARTICLE 89.--The Secretary of State is chosen also by the Volksraad, but is appointed for the period of four years. On resignation or expiration of his term he is re-eligible. He must be a member of a Protestant Church, have had no sentence in a criminal court to his discredit, possess fixed property in the Republic, and have reached the age of thirty years.
ARTICLE 90.--Before the members of the Executive Council and the Commandant-General receive their office, they take the official oath before the Volksraad and sign the same. That oath shall be of similar contents to that of the President, as modified to the title or office of the person sworn, and that of the Commandant-General to the contents of Article 108.
ARTICLE 91.--Before the Secretary of State receives his office he takes a similar oath to the members of the Executive Council, with a small modification suitable to the nature of his office.
ARTICLE 92.--In case the Volksraad decide to give effect to the complaints mentioned in Article 31, it shall put the complaint in the hands of the State Attorney with a view to its examination. If it appears from such examination that the complaint is well founded, then the Volksraad shall send the complaint to the High Court, or the Court contemplated in Article 61, with notice of such sending to the said Attorney. This Court, which then will have to deal with the case, shall take cognizance of the case, and in the last resort pronounce sentence.
OF THE MILITARY FORCE AND MILITARY COUNCIL.
ARTICLE 93.--The military force consists of all the men of this Republic capable of bearing arms, and if necessary of all those of the natives within its boundaries whose chiefs are subject to it.
ARTICLE 94.--Besides the armed force of burghers to be called up in times of disturbance or war, there exists a general police and corps of artillery, for which each year a fixed sum is drawn upon the estimates.
ARTICLE 95.--The men of the white people capable of bearing arms are all men between the ages of sixteen and sixty years; and of the natives, only those which are capable of being made serviceable in the war.
ARTICLE 96.--For the sub-division of the military force the territory of this Republic is divided into field-cornetcies and districts. The dividing lines of the field-cornetcies and districts are fixed by and in a common council of the President, Commandant-General, and the adjoining Commandants and Field-Cornets; and each inhabitant shall be bound to obey the authorities of the field-cornetcy or district in which he lives.
ARTICLE 97.--The men are under the orders of the following officers, ascending in rank: Assistant Field-Cornets, Field-Cornets, Commandants, and a Commandant-General.
ARTICLE 98.--The officers are chosen by a majority of votes, viz., the Assistant Field-Cornets and Field-Cornets, by the enfranchised burghers of the wards, so also the Commandants by the enfranchised burghers of the districts, and the Commandant-General by all the enfranchised burghers of this Republic. Enfranchised burghers, according to this Article, are burghers who have reached the age of eighteen years. The ballot-boxes for the election of officers shall be attended to by the Landrosts, who shall be bound to send them up to the Executive Council. The Executive Council shall be obliged to give notice to the chosen Commandant-General of the choice which has fallen upon him.
ARTICLE 99.--Their appointments are:--The Commandant-General for ten years, the Commandants for five years, the Field-Cornets, and the Assistant Field-Cornets for three years; and on expiration of this term, they are re-eligible. The Commandant-General shall be discharged, or relieved of his post, on conviction of crimes, as mentioned in Article 60.
ARTICLE 100.--Not more than one Commandant shall be chosen for each district.
ARTICLE 101.--The military force, with the exception of the hired natives, is summoned for the maintenance of order, for commando duty on the occasion of home rebellion, and without any exception for the protection of the country, and to fight with foreign enemies.
ARTICLE 102.--The Assistant Field-Cornets and Field-Cornets are charged with the maintenance of order; the Commandants are charged with the commandos on occasion of rebellion at home; the Commandant-General with commandos for the purpose of quelling disturbance among the white population, the protection of the country, and fighting with foreign enemies, in which case the Commandant-General shall have supreme command over the whole army.
ARTICLE 103.--We must understand by
(a) Maintenance of order: the execution of the laws, the carrying out of sentences after receiving orders, and the consideration of measures of general and local interest; also the supervision over the natives, and the repression of vagrancy and vagabondage in the field-cornetcies.
(b) Commandos on occasion of rebellion among the natives: bringing Kaffir chiefs to their duty.
(c) Commandos for the suppression of disorders among the white population: dispatching sufficient force to the district where disorder has broken out; and by
(d) Defence of the country and carrying on war: carrying out martial law and taking the field at the head of the army.
ARTICLE 104.--All subordinates receive orders from the officers and officials placed above them.
ARTICLE 105.--All the officers except the Commandant-General shall be, before taking up their office, sworn by the President in accordance with Article 77. The Commandant-General shall be sworn by the Volksraad, according to Articles 90 and 106.
ARTICLE 106.--This oath shall be of the following contents:
"I promise and swear solemnly allegiance to the people of this Republic; that I shall act in my office according to the law, right, and justice, according to the best of my knowledge and conscience, without respect of person; that I have made or promised to no one gift or favour to reach this office; that I shall receive from no one any gift or favour if I can suspect that this should be done or shown to persuade me in the duties of my office in favour of the giver or favourer; that I shall obey the commands of those placed over me according to the law, and consider only the prosperity, welfare, and independence of the country and people of this Republic."
ARTICLE 107.--The Field-Cornets shall, lawful prevention being excepted, give a report every three months to the Landrost of events among their subordinates in the wards in the past months, and as often besides that time as a report is required of them. With regard to military matters, the Field-Cornet is also obliged to report to the Commandant placed over him, besides the Landrost. If he does not comply therewith, or in case of negligence, he shall be fined in Rds. 10.
ARTICLE 108.--The Commandants send the three-monthly reports of the Field-Cornets, with the addition of their own report, besides their remarks, to the Commandant-General. The latter acts in the same way with the reports of the Commandants in sending his report to the President, and without delay these reports must be sent to the President.
ARTICLE 109.--The Field-Cornets shall keep a list of those in their wards who are liable to duty, and must draw up that list in such a way that it appears therefrom who must be summoned for the maintenance of order, so that the duties of the men may be proportionately divided amongst them.
ARTICLE 110.--The Commandant-General sits in the Executive Council as member of the same.
ARTICLE 111.--In the field the Commandant-General has the supervision of the war ammunition of the State.
ARTICLE 112.--The Commandants and Field-Cornets comply with the commands of the Landrosts, so far as they, according to the regulation of the laws about the judicial administrative power, come into relation with the same.
ARTICLE 113.--Notice of the contravention mentioned in Article 107 is given by the officers to the Landrosts of their districts, who will have to see that the fines are called in.
ARTICLE 114.--A month after the expiration of a commando the President shall, by means of the Landrost, take care that the assigned share of the booty comes to the seriously wounded, the widows and orphans of the dead.
OF THE JUDICIAL POWER AND MAINTENANCE OF JUSTICE.
ARTICLE 115.--The people entrust the administration of justice to:
(a) A High Court.
(b) A Circuit Court.
(c) The Landrosts, in their capacity as such, and such other officials as are clothed with judicial competence by the law.
The Courts give judgment as soon as possible after the close of the case.
The Chief Justice and puisne judges must be duly graduated in law (in de rechten gepromoveerd).
The public ministry of public prosecution rests with the State Attorney, and under his supervision with the public prosecutors of the various districts.
The members of the two first Courts are appointed for their lives.
The law regulates the manner in which the discharge shall be granted them, either honourably or the reverse, in case of misconduct or incapacity.
ARTICLE 116.--The Landrosts are appointed by the Executive Council on every occasion on the occurrence of a vacancy. Two persons possessing the qualifications for officials according to the Grondwet are proposed to the enfranchised burghers of the district concerned, so as at the very latest within the period of two months to decide between the two such candidates by free voting, and to give written notice of the result of such voting to the Executive Council. The Landrosts must have been a year enfranchised burghers and be members of a Protestant Church, have had no criminal sentence to their discredit, and have reached the age of thirty years.
ARTICLE 117.--The Landrost of the place where the seat of Government is shall be appointed on recommendation of the Executive Council by the Volksraad. To be capable of receiving the appointment, it shall not be required to have been for any time a burgher of the State.
ARTICLE 118.--The Landrosts must at the same time duly provide security before accepting their office.
ARTICLE 119.--The jury shall be enfranchised burghers who have had no criminal sentence passed upon them to their discredit, and have reached the age of thirty years.
ARTICLE 120.--The summons of the jury must be served in such time that they have, besides the time for the journey, three free days at their disposal.
ARTICLE 121.--The persons chosen as Landrosts shall, if they intend to make objections to the choice which has fallen upon them, send in their objections to the President within the first thirty days after the choice has fallen upon them.
ARTICLE 122.--If within that time they send in no objection, they are considered to accept that office.
ARTICLE 123.--The juryman who does not comply with the summons, mentioned in Article 120, is fined in Rds. 100, unless he can allege matter of excuse as mentioned in Article 35.
ARTICLE 124.--The Landrosts, before taking their office, take the following oath before the President and members of the Executive Council:--
"I promise and swear solemnly allegiance to the people and laws of this Republic, and that I shall act in my post and office justly and equitably, without respect of persons, in accordance with the laws and according to the best of my knowledge and conscience; that I will accept present or favour from no man, if I can suppose that this has been made or done with a view to persuade me in favour of the giver or favourer in my judgment or action. Outside of my office as judge that I shall obey according to the law the commands of those placed over me, and in general only consider the maintenance of the law, justice and order, to the furtherance of the prosperity, the welfare and the independence of the land and people."
ARTICLE 125.--The members of the jury shall take the following oath before they hold session:--
"I promise and swear solemnly to act in my office as juryman, justly, equitably, without respect of persons, according to the best of my knowledge and conscience, and to give judgment upon the cases and accusations laid before me for judgment according to law; that I have accepted present or favour from no man from whom I can suspect that this has been given or done in order to persuade me in favour of the giver or favourer in my sentence, and forthwith to consider only the maintenance of law, right and order, to the furtherance of the prosperity and welfare of this Republic."
ARTICLE 126.--The Field-Cornets as much as possible settle the differences between the inhabitants of their districts, and prevent the bringing of processes. For this end every one is entitled to summon for this purpose the person with whom he is at variance at a time to be fixed by the Field-Cornet. The Field-Cornet's costs shall be paid by the parties according to a tariff.
ARTICLE 127.--All sentences in civil as well as in criminal cases are delivered in public, and executed in the name of the people of the South African Republic. Punishments which can be inflicted on white criminals in this Republic are:--
1. Imprisonment;
2. Hard Labour, with or without irons, according to the nature of the case;
3. Transportation or Exile; and
4. Death.
No white man can be condemned to lashes on the body, if not expressly so fixed by law.
ARTICLE 128.--The plaintiffs in appeal shall pay, in case their appeal be found groundless or be refused, for an appeal from the sentence of the Landrost's Court 5 Rds. If it appear afterwards that this appeal is good, then that money is returned.
ARTICLE 129.--The copies of the documents filed by parties shall be made up by the clerks, and each page thereof shall have 25 lines, and each line, taking one with another, contain twelve syllables; the clerks shall charge two shillings and four pence for every page.
ARTICLE 130.--In case any one is not able to carry on a case, and nevertheless thinks he has good grounds for so doing, he shall serve a written petition to that end upon the Landrost of the Court, before which he must bring his case. That Court shall grant him the right of carrying on his case, and exempt him from the payment of law costs, provided:
(a) He has produced a written proof from his Field-Cornet and two of his neighbors that he is not able to carry it on;
(b) That the Court, after a preliminary examination of his demand, and after having heard the opposite party thereupon, has found that his demand may be well founded.
ARTICLE 131.--The sittings of the Courts of law shall be held: Those of the Landrosts every day from 10 a.m. to 3 p.m.
The Higher Courts according to proclamation and rules making provision therefor.
ARTICLE 132.--The clerk who without sufficient reason leaves his place unfilled, can be suspended by the Landrost, with notice to the President, from his office for a definite time, and another can be appointed in his place after the latter has taken the oath according to law.
ARTICLE 133.--The Courts of law shall, in fixing punishments, bear in mind, that as the same punishment can be lighter or heavier for one man than another, it is the intention of the legislators, to punish each one equally severely for a similar transgression of the law; and that punishments may be fixed in accordance therewith.
ARTICLE 134.--The Courts of law shall try as far as possible to hasten the hearing of cases, and give judgment thereupon as soon as possible.
ARTICLE 135.--The clerk or the Landrost shall keep a register of all cases which are brought by parties before the Court, and enter this register up daily.
OF THE ADMINISTRATIVE POWER, OR THE CIVIL SERVANTS.
ARTICLE 136.--The administrative power of the home government derives its power from the Executive Council, and is under the commands of the President and the members of the Executive Council.
ARTICLE 137.--It (i.e. the administrative power) is in the hands of such officials as are fixed by law.
ARTICLE 138.--The territory of the State is for these purposes of government divided into districts, to which belong divisions and towns or villages. Changes in the division of districts or wards take place according to Article 96.
ARTICLE 139.--Each district is governed by a Landrost, assisted by such officials as shall be joined to him by the law. The Commandants and Field-Cornets of the division are, as far as those purposes of government are concerned, under the orders of the aforesaid civil servants.
ARTICLE 140.--District Council and town or village boards can be established where the population so desires. At the head of each district is a Landrost, who is ex-officio chairman of the District Council, to be chosen by the burghers of the district, consisting of as many members as there are field-cornetcies.
ARTICLE 141.--To the District Councils is entrusted the care of the public roads and other public works in the district, besides all other matters conferred on them by law.
ARTICLE 142.--With the exception of the salaries fixed by law, all costs of the district board are borne by the district itself. Yearly an estimate for that purpose composed of expenses and income is fixed by the District Council, and sent up to the Executive Council for ratification. Each year similarly account is rendered for the past civil year, which is closed by the District Council, and sent up to the Executive Council for final ratification.
The District Council shall receive the ratification of the Volksraad beforehand before the raising of any tax.
ARTICLE 143.--At the head of each town or village government recognized as such by the law stand a burgomaster and a council of six or eight members, according to the population.
All costs for the defraying of this local administration are borne by each place. Before the raising of any tax by a town or village board the ratification of the law is requisite.
For the local estimate and accounts the same rules hold good as fixed in the preceding articles for those of a district.
ARTICLE 144.--All publications are published in the Staats Courant and made public by the Field-Cornets in their divisions by calling the inhabitants of those divisions together.
ARTICLE 145.--All officials are obliged to answer as soon as possible the official letters received by them, and to deal with their contents.
ARTICLE 146.--The Field-Cornet shall keep an exact register of all new inhabitants who come in their division; of all changes or removals of the inhabitants elsewhere; of all deaths taking place among them; and of all male persons who have reached the age of sixteen years.
ARTICLE 147.--All small traders who enter this territory shall not trade until they are provided with a license, which has been obtained at one of the Landrost's offices, and signed by the Landrost.
ARTICLE 148.--It shall not be permitted that newly-arrived persons should settle in any uninhabited districts in this Republic without the knowledge and permission of the Government of this State.
ARTICLE 149.--Where such is not entrusted to a town or village council, the Landrosts are charged with the duty of overseeing a town or village, together with all subordinate functions, so that everything may take place in regular order.
OF THE FINANCES OF THE STATE.
ARTICLE 150.--The income of the State and taxes of the inhabitants are regulated by the law.
ARTICLE 151.--All farms and grounds of the inhabitants are guaranteed by the Government as fixed property, with the right reserved to the Government to lay down a public road for the use of the inhabitants over such farms when it is demanded.
ARTICLE 152.--All who, living outside of the Republic, possess uninhabited ground or farms in this Republic shall pay for each farm as long as it is uninhabited a double tax yearly.
ARTICLE 153.--The tax for each "erf" in the towns shall be regulated by the law; and no money for water rights shall be exacted from the public.
ARTICLE 154.--All surveyed or inspected farms must on sale be conveyed within the period of six months, and the proprietary due (heerenrecht) be paid within the period of six months; in case of neglect to comply with above, after the promulgation of this law, the proprietary due shall be double. The ground is conveyed from the first owner.
ARTICLE 155.--The taxes to be paid by the people, where no other officials are appointed by law, are paid at the office of the Landrosts of the districts.
ARTICLE 156.--All uninspected farms which are under application must be inspected as soon as possible.
ARTICLE 157.--Every one who owns property and chooses to do so, shall, besides the inspectors, be able to make use of a surveyor, for the surveying and charting of his ground.
ARTICLE 158.--No civil servant shall have the right to defend cases before the courts of law except for himself.
ARTICLE 159.--All earlier laws and resolutions in conflict with the contents of these laws are altogether suspended.
S.J.P. KRUGER, President. C. VAN BOESCHOTEN, Acting Secretary of State.
GOVERNMENT OFFICES, PRETORIA, 19th November, 1889.
* * * * *
LAW No. 4, 1891.
FOR THE ESTABLISHMENT OF A REPRESENTATION OF THE PEOPLE CONSISTING OF TWO VOLKSRAADS.
ARTICLE 1.--The legislative power shall rest with a representation of the people, which shall consist of a First Volksraad and a Second Volksraad.
ARTICLE 2.--The First Volksraad shall be the highest authority in the State, just as the Volksraad was before this law came into operation.
The First Volksraad shall be the body named the Volksraad until this law came into operation. From the period of this law coming into operation, the name of that body shall be altered from the Volksraad to the First Volksraad. The persons forming that body as members shall, however, remain the same, only they shall from the said period be named members of the First Volksraad instead of members of the Volksraad.
All laws and resolutions having reference to the Volksraad and the members thereof shall remain in force and apply to the First Volksraad and the members thereof, except in so far as a change is or shall be made by this and later laws.
ARTICLE 3.--The First and the Second Volksraad meet at least once a year.
This ordinary meeting is opened in a united session on the first Monday in the month of May, under the Presidency of the Chairman of the First Volksraad. Extraordinary meetings can be summoned by the President as often as he judges it necessary in the interest of the country.
ARTICLE 4.--The number of the members of the Second Volksraad shall be the same as of the First Volksraad. This number shall be fixed later by the First Volksraad for both Volksraads.
ARTICLE 5.--Each member of either of the two Volksraads takes the following oath on accepting his office of dignity before the Chairman:--
"As elected as member of the First (or Second) Volksraad of the representation of the people of this Republic, I declare, promise, and swear solemnly that I have neither made nor promised present to anyone to reach this honour, that I shall be faithful in this office of dignity to the people and its independence, that I shall behave according to the Constitution and other laws of this Republic, according to the best of my knowledge and conscience, and that I shall always aim at the furtherance of the happiness and prosperity of the inhabitants in general."
ARTICLE 6.--The manner of election of the members of the Second Volksraad shall be the same as that of the members of the First Volksraad.
ARTICLE 7.--The members of the Second Volksraad shall enjoy the same allowance as the members of the First Volksraad, and have the same obligations with regard to informing their electors of their laws and resolutions.
ARTICLE 8.--The members of the Second Volksraad are chosen for the period of four years.
In the first ordinary session of the Second Volksraad it shall be decided by lot which members shall belong to that half which must resign already after the lapse of the first two years.
ARTICLE 9.--The members of the First Volksraad are chosen by those enfranchised burghers who have obtained the burgher right, either before this law came into operation, or thereafter by birth, and have reached the age of sixteen years.
The franchise for the First Volksraad can besides also be obtained by those who have during ten years been eligible for the Second Volksraad, by resolution of the First Volksraad, and according to rules to be fixed later by law.
ARTICLE 10.--The members of the Second Volksraad are chosen by all enfranchised burghers who have reached the age of sixteen years.
ARTICLE 11.--No one is allowed to offer himself for election for both Volksraads, or in more districts or election divisions than one at the same time.
ARTICLE 12.--The members of the Volksraad may not stand to one another in the relation of father and son or stepson.
ARTICLE 13.--No military officer or official who enjoys a fixed yearly or monthly salary, as such, may offer himself for election as member of either Volksraad.
ARTICLE 14.--No coloured person or bastard, nor persons of public bad conduct, or those who have had a discreditable criminal sentence passed on them, nor any non-rehabilitated bankrupts or insolvents whatsoever shall be eligible as members of either Volksraad.
ARTICLE 15.--To be able to take a seat as member of the First Volksraad, he who has been lawfully chosen must be thirty years old, and member of a Protestant church, live in the Republic, have obtained fixed property there and the burgher right, either before this law came into operation, or thereafter by birth, or have obtained the franchise for the First Volksraad according to Sub-section 2 of Article 9.
ARTICLE 16.--To be able to take a seat as member of the Second Volksraad, he who has been lawfully chosen must be thirty years old, have been enfranchised burgher during the two immediately preceding years, be a member of a Protestant church, live in the Republic, and have fixed property there.
ARTICLE 17.--Each Volksraad chooses its own chairman from among its own members.
ARTICLE 18.--Each Volksraad appoints, from outside its members, its own secretary on proposal of the Executive Council.
ARTICLE 19.--Each Volksraad shall have to judge if elections and the qualifications of its own members are according to law.
ARTICLE 20.--Each Volksraad shall establish its own arrangement of order, shall regulate the process of its transactions, and the power of the Chairman shall be defined by itself.
ARTICLE 21.--The President and the members of the Executive Council shall sit in both Volksraads, with right to take part in the discussions, but without a vote.
ARTICLE 22.--The quorum of both the First and the Second Volksraad shall consist of twelve members. If there is no quorum present in the Second Volksraad, its secretary shall at once give notice of the same to the First Volksraad.
ARTICLE 23.--The sessions of both Volksraads shall be held in public, unless the majority in special cases resolve to revoke the publicity.
ARTICLE 24.--Each Volksraad shall keep minutes of its transactions. It shall have these published regularly in the Staats Courant, except the notes of the secret sittings, which shall only be partly published with the consent of the First Volksraad.
ARTICLE 25.--Each Volksraad has the right to punish its own members for disorderly conduct. Each Volksraad has, in addition, the right to suspend a member with two-thirds of the votes given.
ARTICLE 26.--A period of three months shall be left to the people to enable those who so wish to express their judgment of a proposed law to the Volksraads, except those laws which can suffer no delay.
ARTICLE 27.--The Second Volksraad shall have the power to pass further regulations on the following subjects as is necessary, either by law or resolution:--
(1) The department of mines.
(2) The making and support of wagon and post roads.
(3) The postal department.
(4) The department of telegraphs and telephones.
(5) The protection of inventions, samples and trademarks.
(6) The protection of the right of the author.
(7) The exploitation and support of the woods and salt-pans.
(8) The prevention and coping with contagious diseases.
(9) The condition, the rights, and obligations of companies.
(10) Insolvency.
(11) Civil procedure.
(12) Criminal procedure.
(13) Such other subjects as the First Volksraad shall decide later by law or resolution, or the First Volksraad shall specially refer to the Second Volksraad.
ARTICLE 28.--All laws or resolutions accepted by the Second Volksraad are as soon as possible, that is to say at the outside within forty-eight hours, communicated both to the First Volksraad and to the President.
ARTICLE 29.--The President has the right, when he has received notice from the Second Volksraad of the adoption of a law or a resolution, to bring that law or resolution before the First Volksraad for consideration within fourteen days after the receipt of such notice. The President is in any case bound, after the receipt of such a notice, to communicate it to the First Volksraad within the said time.
ARTICLE 30.--If the President has not brought the law or resolution as communicated before the First Volksraad for consideration, and the First Volksraad has not on its own part thought it necessary to take said law or resolution into consideration, the President shall, unless with the advice and consent of the Executive Council he thinks it undesirable in the interests of the State, be bound to have that law or resolution published in the first succeeding Volksraad, unless within the said fourteen days the First Volksraad may be adjourned, in which case the publication in the Staats Courant shall take place after the lapse of eight days from the commencement of the first succeeding session of the First Volksraad.
ARTICLE 31.--The law or resolution adopted by the Second Volksraad shall have no force, unless published by the President in the Staats Courant.
ARTICLE 32.--The legal effect of a law or resolution published by the President in the Staats Courant may not be questioned, saving the right of the people to make memorials about it.
ARTICLE 33.--This law comes into operation two months after publication in the Staats Courant.
S.J.P. KRUGER, President. DR. W.J. LEYDS, Secretary of State.
GOVERNMENT OFFICES, PRETORIA, 23rd June, 1890.
