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Patent to authorise the Governor of the Cape of Good Hope,
by a proclamation under his hand and the public seal of thb
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



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x888] CENTRAL GOVERNMENT ^

Colony should have passed an Act providing that the said
country should become a part of this Colony : And whereas
it is expedient that such an Act should be passed : Be it,
tho-efore, 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 :

1. From and after such day as the Governor shall, pursuant
of the powers in that bdialf contained in any Royal Letters
Patent which may be issued for that purpose, by proclamation
under his hand and the public seal of the Colony, fix in that
bAalf , the country in the preamble to this Act mentioned,
or so much of the said country as shall be defined in or by any
such proclamation, and with the limits and name in any
such proclamation signified, shall be annexed to and become
a part of that portion of the Colony known as Griqualand
East, and be subject to the laws for the time being in force in
such portion of the Colony.

2. This Act may be cited as the " Rode Valley Annexation
Act, 1887."

P.R 0., CO. S0I7.



THE AUDITING OF PUBLIC ACCOUNTS.

[21 August 1888.]

No. 32 of 1888.

■6. 48. Act. — ^To make further provision for the Audit of
the Public Accounts.

Be it enacted by the Parliament of the Cape of Good Hope,
in Parliament assembled, * as follows :

1. [Sections 18 and 19 of Act. No. 30 of 1875 and a portion
of the 35th section of Ordinance No. 105, repealed.]

2. [Accounts rendered by persons or public bodies of public
money received, administered, etc., and subject to audit, to
be certified as correct by persons rendering them. Punishment
for wilfully rendering a corrupt certificate.]

3. [Other accounts and returns to be rendered when re-
quired by the Controller and Auditor-General.]

4. [Certificate may be required of person examining
vouchers of public accounts that vouchers have been ex-
amined and are correct : such certificate, supported by internal
evidence of vouchers, may be admitted as satisfactory evi-
dence of pajmients vouched.]

^ The formula » noteworthy as a departure from the constitutional theory
fnat the Crown, or through it the Governor, is the fount and origin of all
legialation. Cf. Act. No. 1$ of 1888 below. The Acts of 1880 reverted to
tJiecM formula.



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^2 CAPE OF GOOD HOPE [1888

. 5. The Treasury shall be divided into at least two branches,
those of the Receiver-General and Pajonaster-General.

6. The Assistant Treasurer shall be the Receiver-General
of revenue, and all Civil Commissioners and the Agent-General
of the Colony in England shall be Receivers of Revenue.

7. All accounts rendered by Receivers of revenue shall
be mchided in, and their aggregate shall be styled, the Ex-
chequer Account of the Colony.

8. The Assistant Treasurer shall also be the Paymaster-
General of the Colony.

9. All taxes, duties, and other revenues, and the proceeds
of all loans for the service of the general government, shall be
payable to, and levied by, such persons as the Governor may
direct, anything contained in Ordinance No. 43, bearing date
the 28th of February 1828, and Act No. 3 of 1876 to the con-
trary notwithstanding ; and, when not collected by, shall be
paid in to, a Receiver of revenue, in accordance with regula-
tions framed under the provisions of the sixth section of the
Audit Act, 1875, and, except in so far as may otherwise be
directed in such regulations, all such revenues and proceeds
of loans shall be carried without deduction to the credit of the
Exchequer Account of the Colony.

10. [Detailed examination of vouchers in auditing heads
of revenue referred to in the Schedule may be dispensed with
if accounts bear evidence of complete examination and proper
certificates ; but the collection and account of moneys must be
satisfactorily proved.]

11. [Power of the Controller and Auditor-General not limited
by the 1:5th section of the Audit Act of 1875 or the loth section
of this Act.]

12. No money shall be issued out of the Exchequer Account
of the Colony, except :

(a) on requisition of Ministers, and of the Speaker of
the House of Assembly under section 17 of
Act 13, 1883, authorised and approved by the
Controller and Auditor-General, under the 7th
section of the " Audit Act, 1875," or

(6) in accordance with regulations framed under the
provisions of the " Audit Act, 1875."

13. [Assistant Treasurer or other officer substituted for
Treasurer-General for examination of wards' books required
by 35th section of Ordinance No. 105.^]

14. [Deduction from salary of officer of amount duly
surcharged against him ; such deduction not to exceed one-
quarter of salary due.]

16. [Short title : " Audit Act Amendment Act, 1875."]

^ I^giilating the administration of the property of minors.



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1889-92] CENTRAL GOVERNMENT 73

Schedule.

Railway, Postal, Telegraph and Customs Revenue, Port
and Harbour Dues, Rent (exclusive of Land Rent and Tolls),
Fines, Forfeitures and Fees of Court (Judicial), Fees of Office,
Sales of Government Property, Reimbursements, Excise
Duty, and such other Heads of Revenue as Parliament may
by resolutions adopted by both Houses direct.

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



SALARY OF HIGH COMMISSIONER FOR SOUTH

AFRICA. [Promulgated 13th August 1889.]

No. 38 of 1889.1

■o. 47. Act. — ^To provide for the Salary erf Her Majesty's
High Commissioner for South Africa. [Assented to 12th
August 1889.]

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 :

1. [High Commissioner to receive out of the public revenue
of the Colony the annual salary of £3000.]

2. [Short title : " The High Commissioner's Salary Act,
1889."]

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



NARROWING THE PARLIAMENTARY FRANCHISE.

[Promulgated i6th August 1892.]

No. 9 of 1892.*

■0. 4B« Act. — ^To amend the Law with regard to the Qualifica-
tion of Voters for Members of Parliament, and to make
provision for taking Votes by Ballot at Parliamentary
Elections.

Be it enacted . . .

1. [Repeal of repugnant laws.]

2. [Interpretation of terms.]

3. [Sections 4, 5, 6, 7, 17, etc. not to apply to voters already
registered so long as they continue to resid!e in places in respect
of which they are registered.]

4. Subject to the provisions in the third section contained,
(a) The words " twenty-five " where they first occur

^ Repealed by Act No. 2 of 1902.

* Cf. Act No. 2 of 1905, which prescribed when soldiers, seamen, and marines
coald vote.



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74 CAPE OF GOOD HOPE [1893

in the eighth section of the Constitution Ordi-
nance shall be expunged, and the words " seventy-
five " inserted in their stead.

(b) The words, " or who having been in the receipt for

the space aforesaid of salary or wages at and after
the rate of not less than twenty-five pounds by
the year shall, in addition to such salary or wages,
have been supplied with board and lodging,"
where they occur in the said eighth section of
the said Ordinance, shall be expunged.

(c) The words " twenty-five " wherever tiiey occur in

the ninth section of the said Ordinance, or in
the seventeenth section of the Act 14 of 1887,
or wherever they are used in any statute to
denote the value of property required to be
occupied in connection with the qualification
of a parliamentary voter, shall be expunged,
and the words " seventy-five " inserted m their
stead.

5. [Qualification of voters in Griqualand West to be the
same as in other parts of the Colony.]

6. [Subject to a few exceptions] no person shall, from and
after the taking effect of this Act, be entitled to be registered
as a parliamentary voter for any Electoral Division in this
Colony, unless such person is able to sign his name and to write
his address and occupation.

[Etc.]

85. Tliis Act may be cited as the " Franchise and Ballot
Act, 1892."

P.R.O., CO, 50/8.



MINISTERIAL OFFICES. [Promulgated 12 Sept. 1893.]

No. 14 of 1893.

No. 48. Act — ^To create the Office of a Minister of Amculture.
to abolish the Office of Secretary for Native Affairs, and
to amend the designation of and provide for the assign-
ment of duties to certain Ministerial Officers.

Be it enacted by the Governor of the Cape of Good Hope,
by and with the advice and consent of the Legislative Council
and House of Assembly thereof, as follows :

1. From and after the taking effect of this Act there shall
be in this Colony a certain office, to be called the office of
" Secretary of Agriculture."

2. The person to hold the said office shall be appointed by
Her Majesty the Queen, and shall hold office (luring Her



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1893] CENTRAL GOVERNMENT 75

Majesty's pleasure, and shall be charged with such duties
as Her Majesty shall from time to time assign to him.

3. The provisions of sections 3, 4, and 8 of the Act No. i of
1872 and of section 8 of the Act No. 18 of 1874 shall apply to
the said office and the Secretary for Agriculture as though
the said office and the said Secretary had been therein specffi-
cally mentioned and referred to.

4. The Secretary for Agriculture shall from the date of
his appointment receive salary at the same rate at which
those officers receive salary who are named in section 2 of the
Act No. 32 of 1879, which was revived under and by virtue of
the provisions of Act No. 28 of 1887, and he may be the Prime
Minister.^

5. Notwithstanding anything to the contrary contained
in the Act No. i of 1872, the officers therein styled " The
Treasurer of the Colony," and " The Commissioner of Crown
Lands and Public Works " shall be respectively styled " The
Treasurer " and " The Commissioner of Public Works."

6. The Office of Secretary for Native Affairs constituted
under the Act No. i of 1872 shall be and is hereby abolished,
and the duties and functions hitherto assi^ed to and exercised
by the Secretary for Native Affairs shall, from and after the
taking effect of this Act, be discharged and performed by the
Prime Minister of this Colony for the time being, or by any
other Minister to whom the Governor may assign the same.

7. In the interpretation of any law the word " Minister "
shafl mean that member of the Executive Council to whom
the administration of that law is assip;ned, unless there be any-
thing in the context inconsistent with or repugnant to such
interpretation : Provided that whenever by any law the exer-
cise of any power or the performance of any duty or function
is conferred or imposed on or assigned to any Minister therein
named, such power, duty, or function may legally be exercised
or performed Dy any other Minister to whom me Governor may
asam the exercise or performance of the same.

8. The Prime Minister diall, notwithstanding that save as
aforesaid he shall not hold one of the offices referred to in the
third section of the Act No. i of 1872, be deemed to be included
in the empowering provisions of the fourth section of that Act.

9. This Act shall take effect upon the promulgation thereof,
and may be cited as the " Minister of Agnculture Act, 1893."

P.R.O., CO. 50/8.

' It is believed that this is the first mention ot the office of Prime Minister
in any law of the British Empire.



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76 CAPE OF GOOD HOPE [1894-95

ANNEXATION OF PONDOLAND. [25 Sept. 1894.]
No. 5 of 1894.

No. 60. Act. — ^To provide for the Annexation of the Country
known as Pondoland. P.R.O,, CO. 50/8.



ANNEXATION OF BRITISH BECHUANALAND.
No. 41 of 1895. [II Nov. 1895.]

No. 51« Act. — ^To make provision for the Annexation to this
Colony of the Territory of British Bechuanaland.

P.R.O., CO. 50/8.



SECTION B.
IiOCAL GOVERNMENT.

REPAIR OF ROADS. [21 March 1800.]
No. S2. Proclamation. — By Sir George Yonge, Baronet, etc.

Whereas it appears evident upon Enquiry that the roads of
this Colony stand m need of considerable repairs, previous to
the ensuing Winter ; and as the Burgher Senate and the Land-
drosts in the different Districts are the persons under whose
inunediate orders and directions such repairs are to be under-
taken. In order, therefore, that a work so essentially neces-
sary to the comfort and convenience of all ranks of Society
may be carried on in such a manner as to those entrusted with
the care and management of it may appear most likely to the
completion thereof ; I do by virtue of these presents declare
and make known to all the inhabitants of this tolony. That all
Regulations and directions coming from the Burgher Senate or
the Landdrosts and Heemraden in their Districts are to be
considered in this particuUir instance as the orders of Govern-
ment, and are consequently to be obeyed as such, and any
person or persons who, regardless of these my Commands, shall
neglect or hesitate to comply with the orders and directions they
may receive from those acting under my authority shall upon
their disobedience being proved pay a Fine of One Huncfred
Rix-dollars to be appropriated towards the defraying of the
Expenses attending the before-mentioned Repairs.

[Etc.] .

Rec. III. 82.



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i8o6-28] LOCAL GOVERNMENT 77

REPAIR OF ROADS. [13 Sept. 1806.]

. Ho. 68. Government Advertisement — ^Notice is hereby given, that
in consequence of the representations that have been made
to His Excellency the Lieutenant-General Commanding in
Chief, upon the bad state of the Roads in the Country Districts,
he has directed the several Landdrosts to be written to,
authorising them to appoint an Overseer of the Roads in each
District, who will be empowered to call upon the Inhabitants
to furnish a proportion of their Slaves (according to an accurate
list to be fumi^ed by the Landdrost and Heemraden) for the
repair of the Roads.

Persons neglecting to furnish their Slaves when called upon,
will be liable to a penalty of Fifty Rix-dollars for each oflfence,
which sum is to be levied by Landdrost and Heemraden, and
applied to the Fund for the repairing of the Roads.

Prods., etc., p. 37.



THE COLLECTION OF THE REVENUE. [28 Feb. 1828.]

[Qvil Commlasioners succeeded to the administrative duties of Land-
drosts and Heemraden. In 1834 the offices of Civil Commissioner
and Resident Magistrate were united. Of. document No. 73.]

No. 43.

fc. 61 Ordinance. — Of His Honour the Lieutenant-Governor
in Council, for empowering the Collector of Taxes in Cape
Town, and the Civil Commissioners of the Country Dis-
tricts, to collect the several Taxes and Duties now or
hereafter to be imposed, and payable within the Colony.

Whereas certain of the Taxes now payable in this Colony
have be«i heretofore collected and got m by the Landdrosts,
Landdrosts and Commissioned Heemraden, Deputy Land-
drosts, Deputy Landdrosts and Commissioned Heemraden,
Residents, and Residents and Commissioned Heemraden, of the
several Districts, Subdistricts, and Residencies, respectively ;
and certain others of the said Taxes have heretofore been
collected by and got in by the late Burgher Senate : And where-
as the Offices of Landdrost, Deputy Landdrost, and Resident,
have now ceased and determinea, and the said Burgher Senate
has been abolished, whereby the Revenue can no longer be
collected as heretofore, and it is therefore necessary to make
some other Provision in that behalf : Be it therefore enacted,
by His Honour the Lieutenant-Governor in Council, that the
several Taxes and Duties heretofore payable to, and levied by,
the said Burgher Senate, shall, from and after the passing of
Ais Ordinance, be payable to, and levied by, the Collector of
Taxes in Cape Town ; . . . and the several Taxes and Duties



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78 CAPE OF GOOD HOPE [1836

heretofore payable to, and levied by, the Landdrosts, Deputy
Landdrosts, and Residents, of tne several Districts, Su1>-
districts, and Residencies, and all Taxes hereafter to be im-
posed, shall, from the time aforesaid, be pa3rable to, and levied
oy, the said Collector and the Civil Commissioners respectively
within their respective Jurisdictions ; and the said Collector
and Civil Commissioners shall have full Right and Power to
collect all Taxes and Duties, and Arrears thereof, and to sue
for and recover the same bjr any Action or Suit to be brought
by them in any competent Court.

IL And be it further enacted. That the said Collector of
Taxes, and the said Civil Commissioners, shall take the follow-
ing Oath before the Chief Justice, or any of the Judges of the
Supreme Court, or any Resident Magistrate (who are hereby
empowered and required to administer the same), before they
act in pursuance of the provisions of this Ordinance :

1, A. B., do swear, that I will act truly, faithfully, im-
partially, and honestly, according to the best of
my skill and knowledge, in collecting the several
Taxes which I am empowered to do by an Ordi-
nance marked No. 43, bearing date the 28th day of
February 1828 ; and that I will act in all matters
and things which shall be brought before me in
collecting the said Taxes, without favor or affection.
So help me God !

God Save the King.

P.R,0,, CO. 50/1.



MUNICIPAL BOARDS CREATED. [15 Aug. 1836.]

No. 9, 1836.

No. S6. Ordinance, — Enacted by the Governor of the Cape
OF Good Hope, with the Advice and Consent of the
Legislative Council thereof, for the creation of
Municipal Boards in the Towns and Villages of this
Colony, on which the Local Regulations of each shall be
founded.

Whereas it is expedient that due provision should be made
for the better reflation of certain matters and things of a
local nature withm the several Districts, Towns and villages
in this Colony, and that Municipal Boards should be consti-
tuted and established therein for that purpose : Be it there-
fore enacted, . . . that from and after the First day of October
next, it shall and may be lawful for any Resident Magistrate,
or Justice of the Peace, within the limits of his juriMiction,
and he is hereby required, upon a requisition made to him in



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1836] LOCAL GOVERNMENT 79

writing to that effect by any number of resident Householders,
not less than twenty-five, and severally paying taxes to an
amount exceedmg six shillings sterling per annum, and resident
respectively within one mile of any one central place which
shall be specified in the said requisition, to call a meeting of
Householders paying such amount of Taxes as aforesaid, and
resident within the limits aforesaid, to determine whether
Municipal Regulations shall be adopted for the Town, Village
or Place intended to be erected into a Municipality.

11. And be it further enacted, That three weeks' notice at
least of the time and place of holding such meeting shall be
given by llie Resident Magistrate or Justice of the Peace,
caDing the same, by a printed or written notice affixed to
some conspicuous place or places of public resort within the
limits aforesaid.

IIL And be it further enacted, That the chairman who
shall preside at any meeting assembled as hereinbefore directed,
shall read, or cause to be read, the requisition whereupon the
meeting ^all have been summoned, and shall require such
resident householders as aforesaid assembled thereat, to deter-
mine, by majority of votes, whether municipal regulations
shall, or shall not, be adopted and acted upon within the said
intended municipality.

IV. And be it further enacted. That if at any such meeting
it shall be determined by a majority of votes, that municipd
regulations shall be adopted, then and in such case any such
Resident Magistrate or Justice of the Peace as aforesaid to
whom such determination shall be notified by the chairman
of such meeting, shaXi forthwith call another meeting of such
resident householders as aforesaid, to be holden within seven
days thereafter, in order to elect and appoint a committee of
so many of such resident householders as aforesaid, as the said
meeting ^sJl deem expedient, to frame and draw up municipal
regulations.

V. And be it further enacted, That the committee so to be
dected and appointed, shall be chosen by such resident house-
holders assembled at such meeting by majority of votes.

VI. And be it further enacted, That the committee so
chosen as aforesaid, shall forthwith proceed to frame and
draw up such municipal regulations as they may deem ex-
pedient, and shall submit the same, when prepared, to a
meeting of such resident householders as aforesaid, to be called
by the said committee upon sevwi days' notice to be given in
maimer afbresaid : Provided always, that such committee
shall submit such regulations to such nieeting as aforesaid,
within one month from the date of their appointment, other-
wise tiie said committee shall be ipso facto dissolved, and a new

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8o CAPE OF GOOD HOPE [1836

committee shall then and in every such case be chosen in
manner and for the purpose aforesaid, at a meeting to be called
by any such Resident Magistrate or Justice of me Peace as
aforesaid, to whom such dissolution of the conunittee shall
have been notified.

VII. And be it further enacted, That in such regulations
it shall be the duty of such committee to fix the limits of the
municipality, and to divide the municipality into wards,
if necessary, and to fix the number of commissioners and
wardmasters for the municipality or the several wards thereof,
and to make rules for the clasafication and valuation of the
immovable property therein, and to frame all other regula-
tions which shall be necessary, to enable the said com-
missioners to carry into effect the provisions of this Ordinance,
or such of them as the said committee shall think expedient
and necessary for the municipality.

VIII. [Magistrate or Justice of the Peace to be chairman
at the meeting of householders.]

IX. And be it further enacted. That at such meeting the
question shall be put by the chairman on each and every
clause contained in the regulations submitted by the com-
mittee, seriatim, and afterwards on the whole of the regula-
tions jointly ; and a majority of votes shall decide whether such
clause, or the whole of the regulations jointly, as the case may
be, shall or shall not be adopted.

X. And be it further enacted, That the regulations adopted
at such meeting shall forthwith be transmitted to the Governor
of the Colony for the time being, for the approval, amendment,
or disallowance thereof, of the said Governor, by and with the
advice of the Executive Council ; and in case such regulations
shall be approved, notice of such approval shall be given by
Proclamation to be made in that bdialf ; and the said regula-
tions shall be published in the Government Gazette, and shall
thereupon become as legal, valid, and effectual, as if the same
had been inserted herein. . . .

XI. [Alteration of regulations from time to time.]

XII. And be it further enacted. That so soon as such
original regulations as aforesaid shall have appeared in the
Government Gazette, the resident magistrate of the district
shall, and he is hereby required, by a notice of not less than
ten days in manner hereinbefore provided, to call a meeting
of such resident householders as aforesaid, residing within the
limits of such municipality, to be holden for the election and
choice of so many commissioners as shall have been specified
in the said regulations to carry the same into effect ; and
the said commissioners for the municipality, or the wards
thereof respectively, shall be elected by a majority of votes



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1843] LOCAL GOVERNMENT 81

of such resident householders as aforesaid present at such
meeting ; and any such resident ma^trate or justice of the
peace aaall preside as chairman at such meeting.

Xin. And be it further enacted, That any person residing
within the municipality, and being the proprietor of a house
situate within the same, and who shall pay annually a sum of
not less than one pound sterling in taxes shall be eligible to
be elected a commissioner ^ for the purposes of this Ordinance,
and shall be proposed at the same meeting by some person
duly qualified to vote thereat, and shall be seconded by some



Online LibraryG.W. EybersSelect constitutional documents illustrating South African history, 1795-1910 → online text (page 17 of 70)