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electoral division for members of the Legislative Council. . . .

39-45. [Manner of conducting the poll and publishing the
results in the case of the Legislative Council.]

46. And be it enacted, That for the purpose of constituting
the House of Assembly of the Cape of Good Hope it shall and
may be lawful for the voters in or for each of the twenty-two
dectoral divisions herein-before mentioned, except the city of
Cape Town, to elect two qualified men, and no more, to be the
representatives of such electoral division, and for the voters
in or for the electoral division of Cape Town to elect four
qualified members, and that every voter in every electoral
division shall be entitled to give at each election as many
votes as there are members of Assembly to be elected at such
election : Provided always, that in no electoral division,
except Cape Town, shall any voter be capable of giving to any
one candidate more votes than one ; provid^ also, that
in the electoral division of Cape Town every voter shall be
entitled, at his discretion, to give at any such election one vote
to each of any number of the candidates, not exceeding the
whole number of members to be elected, or to distrmute,
in such proportions as he shall "^think fit, the whole number
of votes which he is entitled to give among any lesser number
of candidates, or to give all his votes to one candidate.^

47. And be it enacted, That any person (except as is next
herein-after excepted) who shall be qualified and entitled
to be registered as a voter in and for any electoral division
within the said Colony shall be qualified and entitled to be
elected a member of the Legislative Assembly for any dectoral
division within the said Colony : Provided also, that no person
holding any office of profit under Her Majesty the Queen within
the said Colony, and no uncertificated insolvent, and no alien
who shall have been registered as a voter by virtue merely of
having obtained a deed of burghership, shaol be digible to be
elected a member of the said Legslative Assembly.

1 Cumulative voting in the Cape Town electoral division was abolished by
Act No. 16 of 1893.



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i852] CENTRAL GOVERNMENT 51

48. [Nomination of candidates for the Legislative
Assembly.]

49-59- [Time, place, and manner of voting for members
of the Assembly.]

60. And be it enacted. That so soon as every electoral
district in the Colony shall have either elected or failed in
electing its representatives in the House of Assembly, it shall
and may be lawful for the Governor of the Cape of Good Hope
to sunmfion, by proclamation, the Legislative Council and the
House of Assemoly of the Cape of Good Hope to meet at such
place within the said Colony, and at such time as the said
Governor shall think fit : Provided always, that the said Council
and Assembly shall be summoned to meet at some period not
later than twelve months next after the promulgation of this
Ordinance in the said colony.

61-62. [Oath or affirmation to be made by all members
of the two Chambers.]

63. And be it enacted. That the House of Assembly shall,
at its first meeting, and before proceeding to the despatch of
any other business, elect one member thereof to be and be
called the Speaker of such House. . . .

64. [Declaration of property qualification to be made by
each member of the Council.]

65-66. [Property qualification must be possessed during
the whole time that a member of Council retains his seat.]

67. [Grounds of disqualification may be brought by petition
before a conunittee of the Council.]

68. [Similar procedure with regard to alleged disqualifica-
tion of members of Assembly.]

69. And be it enacted. That it shall be lawful for any mem-
ber of the L^slative Council of the Cape of Good Hope, by
writing under his hand, addressed to the President of the
said Council, to resign his seat in the said Council, and upon
such resignation the seat of such member shall become
vacant.

70. And be it enacted, That it shall be lawful for any
member of the House of Assembly of the Cape of Good Hope,
by writing under his hand, addressed to the Speaker of the
said Assembly, to resign his seat in the said Assembly, and
upon such resignation the seat of such member shall become
vacant.

71. And be it enacted, That if any legislative councillor
of tne Colony of the Cape of Good Hope, or any member of the
House of Assembly thereof, shall for one whole session of the
Parliament of the said Colony fail to give his attendance in the
House of Assembly to which he belongs, without the per-
mission of such house, or shall take any oath or make any



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52 CAPE OF GOOD HOPE [1852

declaration of acknowledgment of allegiance, obedience, or
adherence to any foreign prince or power, or shall do, concur
in, or adopt any act whereby he may become a subject or
citizen of any foreign state or power, or if his estate shall be
sequestrated as insolvent, the seat of such councillor or member
of the Assembly shall thereby become vacant.

72. And be it enacted. That no member of the Legislative
Council shall be eligible for a seat in the House of Assembly ;
and that if any member of the House of Assembly diall be
dected a memoer of the Legislative Council, the former seat
of such member shall, ipso facto, become vacant.

73. [Election, how to take place on vacancies.]

74. And be it enacted, That it shall and may be lawful for
the Governor of the Cape of Good Hope, whenever he shall see
fit so to do, to prorogue, either by speech or proclamation
published in the Government Gazette, the Legislative Council
and the House of Assembly of the said colony, and also, either
by speech or by any such proclamation, to dissolve the said
Council and the said House of Assembly, or dissolve the said
House of Assembly without dissolving the said Council.

75. [Arrangements for a general election to be as described
above.]

76. [Provision for a biennial registration of voters.]

77. And be it enacted. That there shall be a session of the
Parliament of the Cape of Good Hope once at least in every
year, so that a period of twelve cdendar months shall not
mtervene between the last sitting of the said Parliament in
one session and its first sitting at next session.

78. [Standing rules and orders to be framed by each
Chamber for itself.]

79. And be it enacted. That it shall be lawful for the Colonial
Secretary, the Attorney-General, the Treasurer, and the
Auditor of the said Colony to sit and take part in any debate
or discussion which may arise in either the Legislative Council
or the House of Assembly, subject nevertheless to any such
standing rules and orders as are herein-before mentioned ;
but that it shall not be lawful for them to vote on any proceed-
ing in either house.

80. And be it enacted, That it shall not be lawful for the
House of Assembly or the Legislative Council to pass, or for
the Governor to assent to, any bill appropriating to the public
service any sum of money from or out of Her Majesty's revenue
within the said Colony, unless the said Governor, on Her
Majesty's behalf, shall first have recommended to the House
of Assembly to make provision for the specific public service
towards which such money is to be appropriated ; and that
no part of Her Majesty's revenue within the said Colony shall



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i852] CENTRAL GOVERNMENT 53

be issued except under the authority given by the Governor
of the said Colony directed to the public treasurer thereof.

8i. And be it enacted, That it shall and may be lawful for
the Governor of the Cape of Good Hope to transmit, by mes-
sage, to either the Le^slative Council or the House of Assembly,
for their consideration, the drafts of any laws which it may
appear to him desirable to introduce, and all such drafts shall
be taken into consideration in such convenient manner as
shall in and by the rules and orders aforesaid be in that behalf
provided : Ptovided always, that the said Governor shall not
transmit to the Legislative CouncD the draft of any law which
ought, under and in virtue of the provisions of this Ordinance,
to originate in or be introduced into the House of Assembly.

82. And be it enacted, That whenever any bill which has
been passed by the Legislative Council and Assembly of the
Colony of tiie Cape of Good Hope shall be presented for Her
Majesty's assent to the Governor of the said Colony, such
Governor shall declare, according to his discretion, but subject
nevertheless to the provisions contained in this Ordinance,
and to such instructions as may from time to time be given in
that behalf by Her Majesty, Her heirs and successors, that he
assents to such bill in Her Majesty's name, or that he refuses
his assent to such bill, or that he reserves such bill for the
signification of Her Majesty's pleasure thereon : Provided
always, that it shaU and may be lawful for the Governor,
before declaring his pleasure in regard to any bill which shall
have been so presented to him, to make such amendments in
such bill as he shall think needful or expedient, and by niessage
to return such bill, with such amendments, to the Legislative
Council or the House of Assembly, as he shall think more fitting ;
and the consideration of such amendments by the said Council
and Assembly respectively shall take place in such convenient
manner as shall, in and by the rules and orders aforesaid, be in
that behalf provided.

83. And be it enacted, That whenever any bill which shall
have been presented for Her Majesty's assent to the Governor
of the said Colony of the Cape of Good Hope shall, by such
Governor, have been a^ented to in Her Majesty's name, such
Governor shall, by the first convenient opportunity, transmit
to one of Her Majesty's Principal Secretaries of State an
authentic copy of the act so assented to ; and that it shall be
lawful, at any time within two years after such bill shall have
been received by such Secretary of State, for Her Majesty, by
Order in CouncU, to declare Her disallowance of such act, and
that such disallowance, together with a certificate under the
hand and seal of such Secretary of State, certifying the day on
which such bill was received as aforesaid, being signified by



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54 CAPE OF GOOD HOPE [1852

such Governor to the Legislative Council and Assembly of the
Cape of Good Hope, by speech or message to the Legislative
Council and Assembly of the said Colony, or by proclamation,
shall make void and annul the same from and after the date
of such signification.

84. And be it enacted, That no bill which shall be reserved
for the signification of Her Majesty's pleasure thereon shall
have any force or authority within the colony of the Cape of
Good Hope until the Governor of the said Colony shall signify,
either by speech or message to the Legislative Council or
Assembly of the said Colony, or by proclamation, that such
bill has been laid before Her Majesty m Council, and that Her
Majesty has been pleased to assent to the same ; and that an
entry shall be made in the journals of the said Legislative
Council of every such speech, message, or proclamation, and
a dupUcate thereof, duly attested, aaaJl be delivered to the
proper ofiicer, to be kept amongst the records of the said
Colony ; and that no bill which diall be so reserved as afore-
said snail have any force or authority in the said Colony unless
Her Majesty's assent thereto shall have been so signified as
aforesaid within the space of two years from the day on which
such bill shall have been presented for Her Majesty's assent
to the Governor as aforesaid.

85. And be it enacted. That the Governor of the Cape of
Good Hope shall cause every act of the Parliament of the
Cape of uood Hope which he shall have assented to in Her
Majesty's name to be printed in the Governmeni Gazette, for
general information, and such publication by such Governor
of any act of the said Parliament shall be deemed to be in law
the promulgation of the same.

86. [Copies of acts of Parliament to be enrolled.]

87. Certificates of disallowance of acts of Parliament to be
enrolled.]

88. And be it enacted, in regard to all bills relative to the
granting of supplies to Her Majesty, or the imposition of any
impost, rate, or pecuniary burden upon the inhabitants, and
which bills shall be of such a nature that if bills similar to
them should be proposed to the Iniperial Parliament of Great
Britain and Ireland such bills would, by the law and custom
of Parliament, be required to originate in the House of Com-

. mons, That all such bills shall originate in, or be by the Governor
of the Cape of Good Hope introduced into the House of
Assembly of the said Colony : Provided that the Legislative
Council of the said colony, and the Governor thereof, shall
respectively have full power and authority to make in all
such bills such amendments as the said Council and the said
Governor shall respectively regard as needful or expedient;



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i852] CENTRAL GOVERNMENT 55

and the said Council and the said Governor may respectively
return such bills, so amended, to the House of Assembly or
the Legislative Council.

89. And be it enacted. That all debates and discussions in
the Legislative Council and Hoiase of Assembly respectively
shall be conducted in the English language, and tiiat all
journals, entries, minutes, and proceedings of the said Council
and Assembly be made and recorded in the same language.

90. And be it enacted, That each member of flie Legis-
lative Council and each member of the House of Assembly
whose ordinary place of residence shaU be situate at a p^reater
distance than ten miles from the place or places in which the
said Council and Assembly shall respectively assemble shall
be entitled to be paid from the public treasury of the said
Colony the sum of one pound sterling per day, for every day
during which such member shall be engaged in travelling to, and
returning from, and attending at, any session of Parliament
of the said Colony : Provided always, that such payment shall
in no case be made for more than fifty days in any one calendar
year ; and that every such member shall also be entitled to be
paid a further sum of one shilling for every mile which he shall
necessarily travel in coming to and returning from any such
session : Provided always, that no part of such sums shall
become payable to any member in any session until after
an act providing funds for the pubUc service of the current
year shsill have been passed by the said Council and Assembly,
and assented to by the Governor.

91. [Interpretation of terms. Natal not included in the
Cape Colony.]

92. And be it enacted. That this Ordinance shall commence
and take effect within the Colony of the Cape of Good Hope
from and after such date as Her Majesty shall, by the advice
of Her Privy Council, fix for that purpose.

ParL Papers, Copies 0/ Two Cape Ords.,
presented June 14, 1853, p. 3.



Ho. 80. RESERVED CIVIL LIST ORDINANCE.

[Ord. No. 3 of 1852.1]

Wherbas Her Majesty did, by certain Letters Patent,
bearing date at Westminster on the twenty-third day of May
in the thirteenth year of her reign, amongst other things,
declare and ordain that there should be within the settlement

1 Confirmed by Order in Council, 1 1 March 1853 ; repealed by Act No. 15
o( 1896,

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56 CAPE OF GOOD HOPE [1852

of the Cape of Good Hope a Parliament, to consist of the
Governor, a Legislative Council, and House of Assembly :
And whereas by an Ordinance intituled " Ordinance enacted
by the Governor of the Cape of Good Hope, with the advice
and consent of the Legislative Council thereof, for constituting
a Parliament for the said Colony," provision has been made
for constituting a Legislative Council and House of Assembly
for the said Colony, and for defining the powers of the same :
And whereas it is expedient that provision should be made for
defrajdng certain expenses out of the revenue of the said
Colony :

1. Be it therefore enacted, by the Governor of the Cape of
Good Hope, with the advice and consent of the Legislative
Council tnereof. That the said Governor shall be authorized
to pay out of the revenue of the said Colony all the costs,
charges, and expenses incident to the collection, management^
and receipt thereof : Provided always, that full and particular
accounts of all such disbursements shall from time to time be
laid before the Parliament of the said Colony.

2. And be it enacted. That, until the Parliament of the
said Colony shall otherwise direct, there shall be payable
every year to Her Majesty, Her heirs and successors, out of
the said revenue fund, the sum of one hundred and six thousand
and ninety pounds, for defraying the expenses of the several
services and purposes in the Schedules (marked A, B, C, and
D) annexed to this Ordinance ; the said sum to be issued by
the Treasurer of the said Colony, in discharge of such warrant
or warrants as shall be from time to time directed to him
under the hand and seal of the Governor.

3. And be it enacted, That in construing this Ordinance
the word " Governor " shall mean any officer for the time
being administering the government of the Cape of Good
Hope.

4. And be it enacted, That this Ordinance shall commence
and take effect within the Colony of the Cape of Good Hope
from and after such date as Her Majesty shall, by the advice
of Her Privy Council, fix for that purpose.



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i854] CENTRAL GOVERNMENT 57

SCHEDULES referred to in the foregoing Ordinance.

Schedule A.

£ s. d. £ s. d.

The Governor and Private Secretary 5,300 o o
The Lieutenant - Governor, Secretary,

Messenger, and House-rent . . 2,200 o o

The Qerk of the Executive Council . 520 o o

The Colonial Secretary and his department 5,500 o o

The Treasurer-General do. 1,890 o o

The Auditor-General do. . 1,650 o o

The Registrar of Deeds do. . 1,000 o o

The Surwfor-General do. . 2,080 o o

The Civil Er^neer do. . 2,250 o o

The Post-Omce department 2,330 o o

The Keeper of the Public Buildings 235 o o

The Agent-General in London . . 210 o o
The Secretary and Clerks of the Central

Road Board . 1,140 o o

The Supreme Court . . 7,935 o o

The High Sheriff . 1,250 o o

The Attorney-General 1,670 o o

Divisional Courts . . . 16.335 o o

Education establishments 4,100 o o

Medical departments 1,895 o o

Police. Pmon, and Gaols . 1,540 o o

61,030 o o

Schedule B.
Pensions ....... 15,000 o o

Schedule C*
Public Worship ...... 16,060 o o

Schedule D.
Border department (Aborigines) . 14,000 o o

^106,090 o o
Ibid. p. 21.



FREEDOM OF SPEECH IN PARLIAMENT.

I assent to this Bill in Her Majesty's name.

(Signed) C. H. Dakling, U.-Governor,
19 September 1854.
No. I of 1854.
Ho. Jfl. An Act to Secure Freedom of Speech and Debates,
or Proceedings in Parliament, and to give summary Pro-
tection to Persons employed in the Publication of Parlia-
mentary Papers.

Whereas it is essential to the due and effectual exercise
and discharge of the functions and duties of Parliament, and

» Repealed by Act No. 5 of 1875.



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58 CAPE OF GOOD HOPE [1854

to the promotion of wi^e Legislation, that the Freedom of
Speech and Debates, or Proceedings in Parliament, should not
be impeached or questioned in any court or place out of Parlia-
ment, and that no obstructions or impediments should exist
to the Publication of such Reports, Papers, Votes, or Pro-
ceedings of either House of Parliament as such House of Parlia-
ment may deem fit or necessary to be published : And whereas
it is fit that such Freedom should be secured by Law, and that
bM such obstructions or impediments, should any arise, may
be summarily removed : Be it therefore enacted by the
Governor, by and with the advice and consent of the L^s-
lative Council and the House of Assembly, that there shall
be Freedom of Speech and Debates, or Proceedings in Parlia-
ment, and that such Freedom of Speech and Debates, or Pro-
ceedings in Parliament, shall not be liable to be impeached
or questioned in any court or place out of Parliament.

n. And be it enacted, that it shall and may be lawful for
any person or persons who may be a defendant or defendants
in any civil or criminal proceeding, commenced or prosecuted
in any manner soever, for or in respect of the publication of
any Report, Paper, Votes, or Proceedings, by such person
or persons, by or under the authority of either House of Parlia-
ment, to bring before the court in which such proceeding shall
be commenced or prosecuted, or before any judge thereof
(should the proceedings be in the Supreme or any Circuit
Court), first giving twenty-four hours* notice of his intention
so to do to the plaintiff or prosecutor in such proceeding, a
certificate under the hand of the President of the Legislative
Council for the time being, or of the Clerk of the Legislative
Council, or of the Speaker of the House of Assembly, or of the
Clerk of the same House, stating that the Report, Paper, Votes,
or Proceedings, as the case may be, in respect whereof such
civil or criminal proceeding shall have been commenced or
prosecuted, was or were published by such person or persons,
or by his or their servant or servants, by order or under the
authority of the Legislative Council, or the House of Assembly,
as the case may be, together with an affidavit verif3Hbag such
certificate ; and such court or judge shall thereupon immedi^
ately stay any such civil or criminal proceeding ; and the
same and every writ or process issued thereon diall be, and
the same shall be deemed and taken to be, finally put an end
to, determined, and superseded, by virtue of this Act.

HL Provided always and it is hereby expressly declared
and enacted, that nothing herein contained diall be deemed,
or taken, or held, or construed, directly or indirectly, by
implication or otherwise, to affect the rights and privileges of
Parliament, in any manner whatsoever.



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i865] CENTRAL GOVERNMENT 59

IV. That in construing this Act, the word " Governor "
shall mean any Ofificer for the time being lawfully adminis-
tering the Government of this Colony.

Given at Government House, tfiis Nineteenth September
1854.
By Command of His Honour the Lieut.-Govemor,
(Signed) Rawson W. Rawson,

Colonial Secretary.

Certified correct as passed by the Certified correct as passed by the
Legidative Coimol. House of Assembly.

(Signed) Jno. Wylde, (Signed) C. J. Brand,

President Speaker,

ist September 1854.

P.R.O,, CO. 50/3.



INCORPORATION OF BRITISH KAFFRARIA.
No. 3 of 1865. [10 Oct. 1865.]

I6. 82. Ad to make provision for the Incorporation of British
Kafifraria with the Colony of the Cape of Good Hope,
and to increase the number of the Members of both Houses
of Parliament of the said Colony.

PKafiEraria became a British Crown Colony in 1847, the govern-
ment offices being situated at King William's Town.]

Whereas by the third section of the Imperial Act, 28th
of Her Majesty, chapter 5, the Parliament of the Cape of Good
Hope is empowered to make provision for the incorporation
of the territory of British Kaifraria with the Cape of Good
Hope, and it is enacted that when and as soon as the Governor
of the Cape of Good Hope, as Governor of British Kaffraria,
assents, in manner and form as in the said section is set forth,
to the provision so made, then, and from and after the date
of such assent, British Kaffraria diall become incorporated
with the Cape of Good Hope, on the terms of such provision,
for all purposes whatever, as if British Kaffraria had alwaj^
formed part of the Cape of Good Hope : And whereas it is
expedient tha\ such provision as sdoresaid should be made,
and that the same should take effect when and as soon as the
Governor of British Kaffraria shall, by virtue of his powers
as such Governor, and by laws and ordinances by him made,
have divided British Kaffraria into two parts, to form, after
such incorporation as aforesaid, electoral divisions of the Cape
of Good Hope, each of which shall be entitled to send two
members to the House of Assembly of the Cape of Good Hope,
and shall have defined and named such electoral divisions,



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6o CAPE OF GOOD HOPE [1865

and shall have effected a registration of voters entitled to
vote according to tiie qualification of voters fixed and estab-
lished by the fourth section of the Constitution Ordinance
of the Cape of Good Hope, and shall have declared the quali-



Online LibraryG.W. EybersSelect constitutional documents illustrating South African history, 1795-1910 → online text (page 15 of 70)