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fication of persons capable of being elected to be, after such
incorporation as aforesaid, members of the House of Assembly
aforesaid, — such qualification to be that described in the forty-
seventh section of the Constitution Ordinance aforesaid, —
and diall have provided for the conduct of the election of such
members, in like manner, so far as may be, as if such election
were to take place under the provisions of the said Constitu-
tion Ordinance, and when and as soon as the said election
shall have been held : Be it enacted ... as follows :

I. [Repugnant part of Constitution Ordinance, etc., re-
pealed.]

II. From and after the day upon which the Governor . . .
shall . . . publish the names of the members returned . . .
by each of the two electoral divisions of British Kaffraria,
then British Kaffraria shall become incorporated with the
Cape of Good Hope, for all purposes whatever, . . .

III. The four members aforesaid shall be added to the
number of the members of the House of Assembly of the Cape
of Good Hope. . . .

IV. The two electoral divisions aforesaid shaU, from and
after such incorporation as aforesaid, become and remain
electoral divisions of the Cape of Good Hope, entitled to be
each represented by two members in the House of Assembly,
and shall, for the purpose of the election of members of the
Legislative Council ... be comprised in and form part of
the Eastern Districts, within the meaning and for the pur-
poses of the Constitution Ordinance. . . .

VI. [Supreme Court of British Kaffraria abolished. Eastern
Districts Court substituted.]

XII. [Repugnant laws of British Kaffraria repealed.]

XIII. [Laws, duplicates of, or identical with, Cape laws,
repealed.]

XV. [British Kaffrarian insolvent law repealed and Cape
law substituted.]

XVI. [Revenues to be payable to the Cape Colony and to
be collected as in the Cape Colony by civil commissioners.
Customs-officers to collect as at the other Cape ports.]

XX. . . . And whereas it is expedient that the number
of the elective members of the Legislative Council of the Cape
of Good Hope should be increased to twenty-one, and that
the number of the members of the House of Assembly of the
said Colony should be increased to sixty-six, such number to
include the four members aforesaid to be returned by the two



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1871] CENTRAL GOVERNMENT 61

Sectoral divisions . . . which . . . formed the territory of
British KafEraria : Be it enacted as follows :

XXI. [Legislative Council to consist of twenty-one
members.]

XXII. Three of the six members required to complete the
number of twenty-one members shall be elected by the Western
Districts, and three by the Eastern Districts of this Colony.

XXIV. For the purpose of electing the sixteen members
required, together with the four members in the second, third,
and fourth sections of this Act mentioned, to complete the
number of sixty-six members of the House of Assembly, the
following ten fiscal divisions shall be, and the same are hereby
constituted, respectively, electoral divisions, — that is to say,
Aliwal North, Namaqualand, Oudtshoom, Piketberg, Rivers-
dale, and Queenstown, whilst the fiscal divisions of Victoria
West and Fraserburg shall together constitute a seventh
electoral division, and the fiscal divisions of Hope Town and
Richmond shall together constitute an eighth electoral division.

XXV. Each of the said eight electoral divisions shall be
entitled ... to elect two members of the House of Assembly.

[Etc.]

P.R,0., CO. 50/4.



ANNEXATION OF BASUTOLAND. [11 Aug. 1871.]

No. 12 of 1871.

Ho. 88. Act. — ^For the Annexation to the Colony of the Cape
of Good Hope of the Territory inhabited by the Tribe of
People called Basutos. [Vide also No. 170.]

Whereas by a Proclamation dated the 12th day of March
1868, by His Excdlency Sir Philip Wodehouse, . . . published
on the 13th day of March 1868, in the Government Gazette of
this Colony, it was declared that from and after the publication
thereof, the Tribe of the Basutos should be and should be
taken to be for all intents and purposes British subjects,
and the territory of the said tribe should be and should be
taken to be British Territory : And whereas the territory is
contiguous, on a considerable portion of its boundary, to the
boimdary of this Colony, and it is for other reasons also desir-
able that the said territory should be annexed to this Colony,
so that this Colony in its present extent, together with the said
territory, may form one Colony : And whereas the said tribe
of the Basutos are not yet sufficiently advanced in civilization
and social progress to be admitted to the full enjoyment and
be subjected to the full responsibility granted and imposed
respectively by the ordinary laws of the Colony to and upon



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62 CAPE OF GOOD HOPE [1871

the other citizens thereof, but it is expedient that for the time
being the said tribe and the territory thereof should be sub-
jected to special administration and legislation : Be it there-
fore enacted by the Governor of the Cape of Good Hope, with
the advice and consent of the Legislative Council and House
of Assembly thereof, as follows :

I. That from and after the publication by the Governor
of the Colony of a proclamation for bringing this Act into
operation the said territory, bounded as follows, that is to say :
— ^From the junction of the Comet Spruit with the Orange
River, along the centre of the former to the point nearest
to Olifants Been ; from that point by Olifants Been, to the
southern point of Langeberg ; along the top of Langeberg, to
its north-western extremity ; from thence to the eastern point
of Jammerberg ; along tiie top of Jammerber^, to its north-
western extremity ; from thence by a prolongation of the same
to the Caledon River ; along the centre of the Caledon River
to its junction with the Klein Caledon ; along the centre of the
Klein Caledon, to the heads of the Orange River, at the Mount
Aux Sources ; thence westward along the Drakensberg, between
the watersheds of the Orange River and the St. John's River,
to the source of the Tees, down the centre of that river to its
junction with the Orange River, and down the centre of the
latter river to its junction with the Comet Spruit, shall be and
the same is hereby annexed to the Colony of the Cape of Good
Hope, so that the territory heretofore included in the Colony
of the Cape of Good Hope shall, for the future, together with
the said territory hereinbefore defined form the Colony of the
Cape of Gqod Hope, but the territory hereinbefore defined, shall
nevertheless be and remain, for the time being, subject to tCe
laws, rules and regulations now in force therein for the Govern-
ment thereof, and shall not by virtue of such annexation as
hereinbefore is mentioned be or become subject to the genei^
law of this Colony.

II. [Power to frame, repeal, or amend laws for the annexed
territory is vested in the Governor. Cape laws to apply only
when specially extended to the said territory. All laws, etc.,
to be laid before Parliament, who may disallow them.]

HI. [Cape courts to have jurisdiction in certain cases.]

IV. [Annexed territory to be called Basutoland.]

V. This Act may be cited as " The Basutoland Ailnexa-
tion Act, 1871."

P.R.O., CO, 50/5.



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1872] CENTRAL GOVERNMENT 63

RESPONSIBLE GOVERNMENT. [28 Nov. 1872.]
No. I of 1872.

I reserve this Bill for the Signification of Her Majesty's pleasure.

Henry Barkly, Governor.
Government House,
Cape Town, 18 June 1872.
lo. M. Aci. — ^To amend the Ordinance enacted on the 3rd
of April 1852, by the Governor of the Colony of the
Cape of Good Hope, with the advice and consent of the
Legislative Council thereof, intituled " An Ordinance
for Constituting a Parliament for the said Colony. ' '

Whereas it is expedient, in order to the introduction of
the system of executive administration, commonly called
Responsible Government, to amend in certain respects the
Ordinance enacted on the third day of April, in the year 1852,
by the Governor of the Cape of Good Hope, with the advice
and consent of the Legislative Council thereof, intituled " An
Ordinance for Constituting a Parliament for the said Colony " :
Be it enacted by the Governor of the Cape of Good Hope, with
the advice and consent of the Legislative Council and House of
Assembly thereof, as follows :

L From and after the taking effect of this Act, there shall
be in this Colony a certain office to be called the office of
"Commissioner of Crown Lands and Public Works," and a
certain other office to be called the office of " Secretary for
Native AJffairs-"

IL TTie persons to hold the said offices respectively shall
be appointed by Her Majesty the Queen, and shall hold office
during Her Majesty's pleasure, and shall be charged with such
duties as Her Majesty shall from time to time assign to them.

HL The following persons holding offices of profit under
Her Majesty the Queen shall be eligible, if otherwise duly
qualifiea under the provisions of the Ordinance aforesaid,
to be elected as members of the Legislative Council or of the
House of Assembly, anything in the thirty-third and forty-
seventh Sections of the Ordinance aforesaid to the contrary
notwithstanding, that is to say, the Colonial Secretary, the
Treasurer of the Colony, the Attorney-General, the Commis-
sioner of Crown Lands and Public Works, and the Secretary for
Native Affairs : Provided, always, that it shall be lawful to
appoint to any such office as aforesaid any person being already
at the time of such appointment a member of the said Council
or of the said Assembly.

IV. It shall be lawful for any person holding any of the
offices in the third section of this Act mentioned, and being
likewise a member of either the Legislative Council or of the



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64 CAPE OF GOOD HOPE [1874

House of Assembly, to sit and take part in any debate or dis-
cussion which may arise in the House whereof he does not
happen to be a member, subject, nevertheless, to any such
standing rules and orders, as are in the seventy-eighth section
of the Ordinance aforesaid mentioned ; but it diall not be
lawful for any such officer to vote on any proceeding in such
House whereof he shall not be a member.

V. From and after the taking effect of this Act, the seventy-
ninth section of the Ordinance aforesaid shall be, and the same
is hereby repealed.

VI. [Pensions of present Executive Officers secured, but
pensions to merge, or be reduced, on the reappointment of
pensioners to office.]

VII. [Salaries of officers mentioned in Section III.]

VIII. [These officers not entitled to pensions.]

IX. This Act shall commence and take effect when and so
soon as the Governor shall by proclamation * declare that Her
Majesty has been pleased to allow and confirm the same.

X. This Act may be cited for all purposes as " The Con-
stitution Ordinance Amendment Act, 1872."

P,R,0,, CO. 50/5.



AMENDMENT OF THE CONSTITUTION ORDINANCE.

No. 18 of 1874.
Ho. 86. Act. — ^To amend the Constitution Ordinance and Act

No. 3 of 1865, and to repeal Act No. 6 of 1859. [Assented

to 31 July 1874.]

Whereas it is expedient, in order to secure to the electors
a more equal exercise of the franchise, to divide the Colony of
the Cape of Good Hope into seven electoral provinces, for the
purpose of electing the members of the Legislative CouncU,
and to alter in other respects, the constitution of the said
Council : And whereas it is necessary, for the purposes afore-
said, to amend the Constitution Ordinance and Act No. 3 of
1865, and to repeal Act No. 6 of 1859 • ^^ i* enacted by the
Governor of the Cape of Good Hope, with the advice and con-
sent of the Legislative Council and House of Assembly thereof,
as follows :

I. [Sections 4 and 5 of the Constitution Ordinance, Act No. 6
of 1859,* and section 31 of Act No. 3 of 1865, repealed. The pres-
ent Council to be deemed to have been elected for five years.]

II. For the purpose of electing hereafter the twenty-one
elective members of the said Council, as provided for by the

^Procl., 28 Nov. 1872.

' Providing that when the number cxf candidates for tlie Legislative Council
did not exceed the number of vacancies no poll would be necessary.



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1877] CENTRAL GOVERNMENT 65

twenty-first section of Act No. 3 of 1865, the Colony of the
Cape of Good Hope shall be divided into seven electoral pro-
vinces, and such provinces shall respectively consist of the
electoral divisions following, that is to say :

1. The western electoral province shall consist of the electoral
divisions of Cape Town, Cape Division, Stellenbosch, and Paarl.

2. The north-western electoral province shall consist of
the electoral divisions of Worcester, Malmesbury, Piquetberg,
Namaqualand, and Clanwilliam.

3- The south-western electoral province shall consist of
the electoral divisions of Swellenoam, Caledon, Riversdale,
Oudtshoom, and George.

4. The midland electoral province shall consist of the
electoral divisions of Graaff-Reinet, Richmond, Beaufort West,
and Victoria West.

5. The south-eastern electoral province shall consist of
the electoral divisions of Port Elizabeth, Uitenhage, Grahams-
town, Albany, and Victoria East.

6. The north-eastern electoral province shall consist of the
electoral divisions of Somerset East, Fort Beaufort, Cradock,
Colesberg, and Albert.

7. The eastern electoral province shall consist of the
electoral divisions of King William's Town, East London,
Queen's Town, Aliwal North, and Wodehouse.

III. [Each electoral province to elect three members, who
shall vacate their seats every seven years.]

VIII. [Members of either house vacate their seats by
accepting offices of profit, except the offices of Colonial Secre-
tary, Treasurer, Attorney-General, Commissioner of Crown
Lands and PubUc Works, and Secretary for Native Affairs.]

X. This Act may be cited for all purposes as the " Con-
stitution Ordinance Amendment Act, 1874."

P,R.O., CO. 50/5.

ANNEXATION OF TRANSKEIAN TERRITORIES.

[15 Aug. 1879.]
No. 38 of 1877. [Reserved by Governor.]

■0. SC Act. — ^To provide for the Annexation to the Colony
of the Cape of Good Hope of the Country situated be-
tween the Bashee and the Kd, commonly known as Fingo-
land and the Idutywa Reserve, and the Country situated
between the Umtata and the Umzim-Kulu, commonly
kpown as Nomansland, and for the government of the said
T«ritories.

IV. This Act may be cited as the '* Transkeian Annexation
Act, 1877." P.R.O., CO. 50/6.

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66 CAPE OF GOOD HOPE [1877-^2

ANNEXATION OF GRIQUALAND WEST.
[Confirmed 15 Aug. 1879.]

Act No. 39 of 1877. [Reserved by Governor.]

Ho. 87. Act — ^To make provision for the Annexation to this
Colony of the Province of Griqualand West.*

XXXIV. This Act may be cited as the " Griqualand West
Annexation Act, 1877." P.R.O., CO. 50/6.



EQUAL LANGUAGE RIGHTS IN PARLIAMENT.

No. I of 1882.

Ho. 88. Act. — ^To amend the Constitution Ordinance. [As-
sented to 25th May 1882.]

Whereas it is expedient to amend the Ordinance enacted
on the third day of April 1852, by the Governor of the Cape
of Good Hope, with the advice and consent of the Legislative
Council thereof intituled " An Ordinance for Constituting a
Parliament for the said Colony " : Be it enacted by the
Governor of the Cape of Good Hope, with the advice and con-
sent of the Legislative Council and House of Assembly thereof,
as follows :

I. So much of the Eighty-ninth Section of the said
Ordinance as is repugnant to or inconsistent with the provisions
of this Act shall be and the same is hereby repealed.

II. From and after the passing of this Act aU debates and
discussions in the Legislative Council and House of Assembly
may be conducted either in English or Dutch, but in no other
language.

III. This Act may be cited as the " Constitution Ordinance
Amendment Act, 1882." P.R.O., CO. 50/7.



REPRESENTATION OF KIMBERLEY IN
PARLIAMENT.
No. 13 of X882.

Ho. 89. Ad. — ^To grant Increased Representation in the House
of Assembly to the Electoral Division of Kimberley.
[Assented to 21st June 1882.]

Whereas it is desirable to amend Act No. 39 of 1877,
known as *' The Griqualand West Annexation Act, 1877," by

' See documents Nos. 84 and 171. The annexation was only effected on 1 5th
Oct. 1880 by Procl. in the GaieUe, after this Act received the royal aaient.



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i883] CENTRAL GOVERNMENT 67

makiiig provision for an increase in the number of the repre-
sentatives now returned to the House of Assembly for the
Electoral Division of Kimberley : Be it enacted by the
Governor of the Cape of Good Hope, by and with the advice
and consent of the Legislative Council and the House of
Assembly thereof, as follows :

L So much of the fifth section of Act No. 39 of 1877,
known as " The Griqualand Annexation Act, 1877," as may be
repugnant to or inconsistent with this Act, is hereby repealed.

n. At the next ensuing general election, and thereafter,
the Electoral Division of Kunberley shall be entitled to return
to the House of Assembly of the Cape of Good Hope four
members.

in. This Act may be cited as the " Kimberley Increased
Representation Act, 1882."

P./J.O., CO, 50/7.



DISANNEXATION OF BASUTOLAND. [18 March 1884.]

No. 34 of 1883. [Reserved.]

16. 40. Act. — For the Disannexation of Basutoland from the
Colony of the Cape of Good Hope.

Whereas it is desirable that Basutoland should cease
to form part of the Colony of the Cape of Good Hope ; and
whereas Her Majesty's Imperial Government has emressed
its willingness to provide for the future Government of Basuto-
land upon certam conditions ; and whereas it is expedient
that due provision should be made for relieving this Colony
from all responsibility for or in connection with the Govern-
ment of Basutoland : Be it enacted by the Governor of the
Cape of Good Hope, with the advice and consent of the Legis-
lative Council and House of Assembly thereof, as follows :

I. The Act No. 12, 1871, intituled " An Act for the Annexa-
tion to the Colony of the Cape of Good Hope of the Territory
inhabited by the tribe of people called the Basutos," diall be
and the same is hereby repealed.

II. Frcrni and after the taking effect of this Act, there shall
be paid annually to Her Majesty's High Commissioner, or
such other officer as Her Majesty may be pleased to appoint
in that behalf, as a contribution towards any deficiency that
may arise in the revenues of the Government of Basutoland,
out of the public revenue of this Colony, such sum, not exceed-
ing twenty thousand pounds, as may be hereafter from time



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68 CAPE OF GOOD HOPE [1884^5

to time agreed upon by and between Her Majesty's Imperial
Government and the Government of this Colony.

HI. This Act shall come into operation when the Governor
shall by proclamation declare that Her Majesty has been
pleased to allow and confirm the same.

IV. The short title of this Act shall be the " Basutoland
Disannexation Act, 1883."

P.R.O., CO. 50/7.



ANNEXATION OF WALFISH BAY.

[Promulgated 25 July 1885.]

No. 35 of 1884.

Ho. 41. Act. — ^To provide for the Annexation to the Colony
of the Cape of Good Hope of the Port or Settlement of
Walfish Bay on the West Coast of Africa and of certain
Territory surrounding the same, and of certain Briti^
Territones on the St. John's River in South Africa.

[By Letters Patent dated 14th December 1878 the Governor
of the Cape Colony had been authorised to declare the port,
settlement, and territory of Walfish Bay annexed to the Cape
Colony.]

P.R.O., CO. 50/7,



ANNEXATION OF TEMBULAND.

[A Bill to provide for the annexation of Tembuland was passed
in 1880 but was not confirmed.]

[Promulgated 14 July 1885.]

No. 3 of 1885.

Ho. 48. Ad. — ^To provide for the Annexation to the Colony of
the Cape of Good Hope, of the British Territories known
as Tembuland, Emigrant Tembuland, Gcalekaland and
Bomvanaland, and for the Government of the said
Territories.

[Letters Patent of 2 Oct. 1884, had authorised the annexation.]

1. [Governor may proclaim ^ date of annexation.]

2. [The laws at present in force in these territories may,
until otherwise provided by Parliament, be rq>ealed and
modified and new laws may be made by the Governor in
Councfl. No Cape Acts to apply, unless expressly provided or
unless extended to any of tiiese territories by the Governor
in Council.]

^ Procl. ia the Gautte of i Sept. 1885, but dated 26 Aug.



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i886] CENTRAL GOVERNMENT 69

3. [Eastern Districts Court to have jurisdiction over the
annexed territories.]

4. [Resident Ma^trates to have jurisdiction in crimes and
offences not punishable by death.]

5. [Decisions may be reviewed by the Chief Magistrate of
the territory concerned.]

6. [Appeals in civil cases may be made to the Chief Magis-
trate, or to the Supreme Court, or to the Eastern Districts
Court.]

7. This Act may be dted as the " Tembuland Annexation
Act, 1885.-

P.R.O., CO. 50/7.



ANNEXATION OF THE XESIBE COUNTRY.

[25 Oct. 1886.]

No. 37 of 1886. [Reserved.]

Bo. tt. Act. — ^To provide for the Annexation to the Colony
of the Country known as the Xesibe Country.

Whereas by Resolution passed in both branches of the
Legislature it has been declared to be expedient that the
country situated between the district of Kokstad in Griqualand
East and Pondoland East, known as the Xesibe Country, com-
prised in the district now called Mount Ayliff, should be
annexed to the Colony : And whereas it is the intention of
Her Majesty the Queen to issue her Royal Letters Patent to
authorise the Governor of the Cape of Good Hope, by a pro-
clamation under his hand and the public seal of tnis Colony, to
declare that from and after a day to be therein mentioned,
the said country should be annexed to, and form part of, this
Colony, and to determine and signify the limits of the said
country so annexed, in case the Legislature of the Colony
should have pa^ed an Act providing that the said country
should become a part of this Colony : And \^ereas it is
expedient that such an Act should be passed : Be it, therefore,
enacted by the Governor of the Cai>e of Good Hope, with the
advice and consent of the Legislative Councfl and House of
Assembly thereof, as follows :

1. [Governor may proclaim the Xesibe Country to be
annexed to the Colony and form part of Griqualand East.]

2. This Act may be cited as the " Xesibe Country Annexa-
tion Act, 1886."

P.R.O., CO. 50/7.



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70 CAPE OF GOOD HOPE [1887

REPRESENTATION OF THE TRANSKEL

[Promulgated 9th August 1887.]

No. 30 of 1887.

Ho. 44. Act. — ^To provide for the Representation in the Parlia-
ment of this Colony of persons in the Transkeian Territories.

. [Preamble.]

1. [Meaning of '* Transkeian Territories " : The Transkei
(including Gcalekaland), Tembuland (including Emigrant
Tembuland and Bomvanaland), and Griqualand East (in-
cluding the Territory on the St. John's River).]

2. [Transkeian Territories to be included in the Eastern
Electoral Province of the Cape Colony.]

3. Within the said Transkeian Territories there shall be two
Electoral Divisions of the Colony of the Cape of Good Hope,
and each of such divisions shall be entitled to return one
member to the House of Assembly of the Colony.

4. [One shall be called the Electoral Division of Tembuland,
and the other the Electoral Division of Griqualand East.]

5. [Election of representatives in the same manner,
mutatis mtdandis, as other members of the Assembly.]

6. [Law of the Colony as to elections to apply.]

7. This Act shall take effect on the first day of September
1887, and may be cited as the " Tran^eian Territories Repre-
sentation Act, 1887."

P,R.O., CO. 50/7.



ANNEXATION OF RODE VALLEY, [i Nov. 1887.]

No. 45 of 1887. [Reserved.]

No. 45. Act. — ^To provide for the Annexation to the Colony
of the Country known as the Rode Valley.

Whereas by resolution passed in both branches of the
Legislature, it has been declared to be expedient that the
country situated between the districts of Mount Aylifi and
Mount Frere, East Griqualand, and Eastern Pondoland,
commonly called the " Rode Valley,*' acquired by the Colonial
Government, by purchase from the Pondo Chief Umquikela,
should be annexed to the Colony : And whereas it is the
intention of Her Majesty the Queen to issue her Royal Letters



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