Copyright
G.W. Eybers.

Select constitutional documents illustrating South African history, 1795-1910 online

. (page 67 of 70)
Online LibraryG.W. EybersSelect constitutional documents illustrating South African history, 1795-1910 → online text (page 67 of 70)
Font size
QR-code for this ebook


not less than two-thirds of the total number of members of
both Houses. A Bill so passed at such joint sitting shall be
taken to have been duly passed by both Houses of Parliament.

Schedule.

1. After the transfer of the government of any territory
belonging to or under the protection of His Majesty, the
Governor-General in Council shall be the legislative authority,
and may by proclamation make laws for the peace, order,
and good government of such territory : Provided that all
such Taws shall be laid before both Houses of Parliament within
seven days after the issue of the proclamation or, if Parliament
be not then sitting, within seven days after the beginning of
the next session, and shall be effectual unless and imtil both
Houses of Parliament shall by resolutions passed in the same
session request the Governor-General in Council to repeal the
same, in which case they shall be repealed by proclamation.

2. The Prime Minister shall be charged with the adimnistra-
tion of any territory thus transferred, and he shall be advised
in the general conduct of such administration by a commission
consisting of not fewer than three members with a secretary, to
be appointed by the Governor-General in Council, who shall
take the instructions of the Prime Minister in conducting all
corr^pondence relating to the territories, and shall also under
the like control have custody of all official papers relating to
the territories.

3. The members of the conmiission shall be appointed by
the Governor-General in Coimcil, and shall be entitled to hold
office for a period of ten years, but such period may be extended
to successive further terms of five years. They shall each be
entitled to a fixed annual salary, which shall not be reduced
during the continuance of their terms of office, and they shall
not be removed from office except upon addresses from both
Houses of Parliament passed in uie same session pra5dng for
such removal. They shall not be qualified to become, or to
be, members of either House of Parliament. One of the
members of the commission shall be appointed by the Governor-
General in Council as vice-chairman thereof. In case of the
absence, iUness, or other incapacity of any member of the
commission, the Governor-General in Council may appoint
some other fit and proper person to act during such absence,
Ulness, or other incapacity.

4. It shall be the duty of the members of the commission
to advise the Prime Mmister upon all matters relating to the

Digitized by VjOOQ IC



556 THE UNION

general conduct of the administration of, or the legislation for,
the said territories. The Prime Minister, or another minister
of State nominated by the Pnme Minista: to be his deputy for
a fixed period, or, failing such nomination, the vice-chairman
shall preside at all meetings of the commission, and in case
of an equality of votes shall have a casting vote. Two
members of the commission shall form a quorum. In case
the commission shall consist of four or more members, three
of them shall form a quorum.

5. Any member of the commission who dissents from the
decision of a majority shall be entitled to have the reasons for
his dissent recorded m the minutes of the commission.

6. The members of the commission ^aU have access to all
official papers concerning the territories, and they may deliber-
ate on any matter relating thereto and tender their advice
thereon to the Prime Minister.

7. Before coming to a decision on any matter relating
either to the administration, other than routine, of the tern-
tories or to legislation therefor, the Prime Minister shall cause
the papers relating to such matter to be deposited with the
secretary to the commission, and shall convene a meeting of
the commission for the purpose of obtaining its opinion on
such matter.

8. Where it appears to the Prime Minister that the despatch
of any communication or the making of any order is urgently
required, the communication may be sent or order made,
although it has not been submitted to a meeting of the com-
mission or deposited for the perusal of the members thereof.
In any such case the Prime Minister shaU record the reasons
for sending the communication or making the order and give
notice thereof to every member.

9. If the Prime Mmister does not accept a recommendation
of the commission or proposes to take some action contrary to
their advice, he shall state his views to the commission, who
shall be at liberty to place on record the reasons in support of
their recommendation or advice. This record shall be laid
by the Prime Minister before the Governor-General in Council,
whose decision in the matter shall be final.

10. When the recommendations of the commission have
not been accepted by the Governor-General in Council, or
action not in accordance with their advice has been taken by
the Governor-General in Council, the Prime Minister, if there-
to requested by the commission, shall lay the record of their
dissent from the decision or action taken and of the reasons
therefor before both Houses of Parliament, unless in any case
the Governor-General in Council shall transmit to the com-
mission a minute recording his opinion that the publication of



Digitized by



Google



SOUTH AFRICA ACT, 1909 557

such record and reasons would be gravely detrimental to the
public interest.

11. The Governor-General in Council shall appoint a
resident conunissioner for each territory, who shall, in addition
to such other duties as shall be imposed on him, prepare the
annual estimates of revenue and expenditure for such territory,
and forward the same to the secretary to the conunission for
the consideration of the commission and of the Prime Minister.
A proclamation shaD be issued by the Governor-General in
Council, giving to the provisions for revenue and expenditure
made in the estimates as finally approved by the Govemor-
Genaral in Council the force of law.

12. There shall be paid into the Treasury of the Union all
duties of customs levied on dutiable articles imported into
and consumed in the territories, and there shall be paid out of
the Treasury annually towards the cost of admimstration of
each territory a sum in respect of such duties which shall bear
to the total customs revenue of the Union in respect of each
financial year the same proportion as the average amount of
the customs revenue of such territory for the three completed
financial years last preceding the takmg effect of this Act bore
to the average amount of tiie whole customs revenue for all
the Colonies and territories included in the Union received
during the same period.

13. If the revenue of any territory for any financial year
shall be insufficient to meet the expenditure thereof, any
amount required to make good the deficiency may, with the
approval of the Governor-General in Council, and on such terms
and conditions and in such manner as with the like approval
may be directed or prescribed, be advanced from the funds
of any other territory. In default of any such arrang^nent,
the amount required to make good any such deficiency shall be
advanced by the Government of the Union. In case there
shall be a surplus for any territory, such surplus shall in the
first instance be devoted to the repajnoaent of any sums
previously advanced by any otha: territory or by the Union
Government to make good any deficiency in the revenue of
such territory.

14. It shall not be lawful to alienate any land in Basutoland
or any land forming part of the native reserves in the Bechuana-
land protectorate and Swaziland from the native tribes inhabit-
ing those territories.

15. The sale of intoxicating liquor to natives shall be pro-
hibited in the territories, and no provision giving facilities for
introducing, obtaining, or possessing such Uquor in any part
of the temtories less stringent than those existing at the time
of transfer shall be allowed.

Digitized by VjOOQ IC



558 THE UNION

i6. The custom, where it exists, of holding pitsos or other
recognised forms of native assembly shall be maintained in
the territories.

17. No differential duties or imposts on the produce of the
territories shall be levied. The laws of the Umon relating to
customs and excise shall be made to apply to the territories.

18. There shall be free intercourse lor the inhabitants of the
territories with the rest of South Africa subject to the laws,
including the pass laws, of the Union.

19. Subject to the provisions of this Schedule, all revenues
derived from any territory shall be expended for and on bdi^
of such territory : Provided that tiie Governor-General in
Council may make special provision for the appropriation of a
portion of such revenue as a contribution towards the cost of
defence and other services performed by the Union for the
bendit of the whole of South Africa, so, however, that that
contribution shall not bear a higher proportion to the total cost
of such services than that which me amount payable under
paragraph Z2 of this Schedule from the Treasury of the Union
towards the cost of the administration of the territory bears
to the total customs revenue of the Union on the average of
the three years immediately preceding the year for which the
contribution is made.

20. The King may disallow any law made by the Govemor-
Genoal in Council by proclamation for any territory witiiin
one year from the date of the proclamation, and such disallow-
ance on being made known by the Governor-Genial by pro-
clamation shall annul the law from the day when the disallow-
ance is so made known.

21. The members of the commission shall be entitled to such
pensions or superannuation allowances as the Governor-
General in Council shall by proclamation provide, and the
salaries and pensions of such members and all other expenses
of the commission shall be borne by the territories m the
proportion of their respective revenues.

22. The rights as existing at ttie date of transfer of officers
of the public service ^nployed in any territory shall remain in
force.

23. Where any appeal may by law be made to the King in
Council from any court of tne territories, such appeal shaU,
subject to the provisions of this Act, be made to the Appdlate
Division of the Supreme Court of South Africa.

24. The Commission shall prepare an annual report on the
territories, which shall, when approved by the Governor-
General in Council, be laid before both Houses of Parliament.

25. All bills to amend or alter the provisions of this Schedule
shall be reserved for the signification of His Majesty's pleasure.

Digitized by VjOOQ IC



APPENDIX A,

Mo. 280. CHARTER OF THE BRITISH SOUTH AFRICA
COMPANY. [29 Oct. 1889.]

Victoria, by the Grace of God, of the United Kingdom of Great
Britain and Ireland, Queen, Defender of the Faith.

To all whom these presents shall come, greeting.

Whbrbas a Humble Petition has been presented to Us in Our
Council by the Most Noble James, Duke of Abercom, . . . ; the Most
Noble Alexander William George, Duke of Fife, . . . ; the Right
Honourable Edric Frederick, Lord Gifford, V.C. ; Cecil John Rhodes,
of Kimberley, in the Cape Colony, Member of the Executive Council,
and of the House of Assembly of the Colony of the Cape of Good Hope ;
Alfred Beit, of 29 Holbom Viaduct, London, merchant ; Albert Henry
George Grey, of Howick, Northumberland, Esouire; and George Caw-
ston. of 18 Lennox Gardens, London, Esquire, Barrister-at-Law.

And whereas the said Petition states amount other things :

That the Petitioners and others are associated for the purpose of
forming a Company or Association, to be incorporated, if to Us should
seem fit^ for the objects in the said Petition set forth, under the corporate
name of The British South Africa Company.

That the existence of a powerful jSritish company, controlled by
those of Our subjects in whom We have confidence, and having its
principal field of operations in that region of South Africa lying to the
North of Bechuanaland and to the west of Portuguese East Africa,
would be advantageous to the commercial and other interests of Our
subjects in the United Kingdom and in Our Colonies.

That the Petitioners desire to cany into effect divers concessions
and agreements which have been made by certain of the chiefs and
tribes inhabiting the said region, and suoi other concessions, agree-
ments, erants, and treaties as the Petitioners may hereafter obtain
within the said region or elsewhere in Africa, with the view of promot-
ing trade, commerce, civilisation, and ^ood government (incluoing the
regulation of liquor traffic with the natives) m the territories wluch are
or may be comprised, or referred to in such concessions, agreements,
grants, and treaties as aforesaid.

That the Petitioners believe that if the said concessions, agree-
ments, grants, and treaties can be carried into effect, the condition m the
natives inhabiting the said territories will be materially improved and
their civilisation advanced, and an organisation established which
will tend to the suppression of the slave trade in the said territories,
and to the opening up of the said territories to the immigration of
Europeans, and to the lawful trade and commerce of Our subjects and
of other nations.

That the success of the enterprise in which the Petitioners are
engaged would be matly advanced if it should seem fit to Us to grant
them Our Royal Charter of incorporation as a British Company under
the said name or title, or such other name or title, and with such powers.

Sf9



Digitized by



Google



56o SELECT DOCUMENTS

as to Us ma)r seem fit for the purpose of more efiectually carrying into
effect the objects aforesaid.

That large sums of money have been subscribed for the purpose
of the intended Company by the Petitioners and others, who are pre-
pared abo to subscribe or to procure such further sums as may here-
after be found requisite for the development of the said enterprise, in
the event of Our being pleased to grant to them Our Royal Charter
of incorporation as aforesaid.

Now, therefore We. having taken the said Petition into Our Royal
consideration in Our Council and beine satisfied that the intentions of
the Petitioners are praiseworthy and aeserve encouragement and that
the enterprise in the Petition described may be productive of the
benefits set forth therein, by Our Prerogative Royal and of Our especial
grace, certain knowledge, and mere motion, have constituted, erected,
and incorporated, and by this Our Charter for Us and Our Heirs and
Royal successors do constitute, erect, and incorporate into one body
pohtic and corporate by the name of The British South Africa Company,
the said James Duke of Abercorn, Alexander William George Duke of
Fife, Edric Frederick Lord Gifford, Cecil John Rhodes, Alfred Beit.
Albert Henry George Grey, and George Cawston, and such other persons
and such bodies as from time to time become and are members of the
body politic and corporate by these presents constituted, erected, and
incorporated, with perpetual succession and a common seal, with
power to break, alter, or renew the same at discretion and with the
further authorities, powers, and privileges conferred, and subject to the
conditions imposed by this Our Qiarter : And We do hereby accordii^ly
will, ordain, give, grant, constitute, appoint, and declare as follows
(that is to say) :

I. The principal field of the operations of The British South Africa
Comx)any (in this our Charter referred to as " the Company ") shall be
the region of South Africa l3ring immediately to the ncuiii of British
Bechuanaland, and to the norm and west of the South African Re-
public, and to the west of the Portuguese Dominions.

II. The Company is hereby authorised and empowered to hold,
use, and retain for the purposes of the Company and on the terms of
this Our Charter, the full benefit of the concessions and agreements
made as aforesaid, so far as they are valid, or any of them, and all
interests, authorities, and powers comprised or referred to in the said
concessions and agreements. Provided always that nothing herein
contained shall prejudice or afiect any other valid and subsisting con-
cessions or agreements which may have been made by any of the ctdeis
or tribes aforesaid, and in x>articular that nothing herein contained shall
prejudice or afiFect certain concessions granted in and subsequent to
the year 1880 relating to the territory usually known as ibe d&trict of
the Tati ; nor shall an3irthing herein contained be construed as |;iviiig
any jurisdiction, administrative or otherwise, within the said district
of the Tati, the limits of which district are as follows, viz., from the
place where the Shasi River rises to its junction with the Tati and
Kamaquaban Rivers, thence along the Ramaquaban River to where it
rises and thence along the watershed of those Rivers.

III. The Company is hereby further authorised and empowered,
subject to the approval of one of Our Principal Secretaries of State
(herein referred to as " Our Secretary of State ^') from time to time, to
acquire by any concession. a|[reement, grant. Or treaty, all or any rights,
interests, authorities, jurisdictions, and powers of any kind or nature
whatever, including powers necessary for the purposes of government
and the preservation of public order in or for the pixytectionjof terri-



Digitized by



Google



APPENDIX A 561

tories, lands, or property, compriBed or referred to in the concessions
and agreements made as aforesaid or affecting other territories, lands,
or property in Africa, or the inhabitants thereof, and to hold, use, and
exercise such territories, lands, property, rights, interests, authorities,
jurisdictions, and powers respectively for the purpose of the Company
and on the terms of this Our Charter.

IV. Provided that no powers of government or administration shall
be exercised under or in rdation to any such last-mentioned concession,
agreement, grant, or treaty, until a cop>r of such concession [etc.]
in such form and with sucn maps or particulars as Our Secretary of
State approves, verified as he requires, has been transmitted to him,
and he nas signified his approval thereof either absolutely or subject
to any conditions or reservations ; and provided also that no rignts,
interests, authorities, jurisdictions, or powers of any description shall
be acquired by the Company within the said district of the Tati as
hereinbefore described, without the previous consent in writing of the
owners for the time being of the concessions above referred to relating
to the said district, and the approval of Our Secretary of State.

V. The Companjr shall be bound by and shall fulfil all and singular
the stipulations on its part contained in any such concession, agree<
ment, grant, or treaty as aforesaid, subject to any subsequent agree-
ment affecting those stipulations approved by Our Secretary of State.

VI. The Company shall always be and remain British in character
and domicile, and shall have its principal office in Great Britain, and the
Company's principal representative m South Africa and the Directors
shall alwa3rs be natural-born British subjects or persons who have been
naturalised as British subjects by or under an Act of Parliament of
Our United Kingdom ; but this Article shaU not disqualify anyperson
nominated a Director by this Our Charter, or any person whose Election
as a Director shall have been approved by Our Secretary of State, from
acting in that capacity.

VII. In case at any time any difference arises between any chief or
tribe inhabiting any of the temtories aforesaid and the Company, the
difference shall, if Our Secretary of State so require, be submitted by
the Company to him for his decision, and the Company shall act in
accordance with such decision.

VIII. If at any time Our Secretaiy of State thinks fit to dissent
from or object to any of the dealings of the Company with any foreign
power, ana to make known to the Company any suggestion founded on
that dissent or objection, the Company shall act in accordance with
such suggestion.

IX. If at any time Our Secretary of State thinks fit to object to the
exercise by the Company of any authority, power, or right within any
part of the territories aforesaid, on the ground of there being an adverse
claim to or in respect of that part, the Company shal^ defer to that
objection until such time as any such claim has been withdrawn or
finally dealt with or settled by Our Secretary of State.

X. The Company shall, to the best of its ability, preserve peace
and order in such wajrs and manners as it shall consider necessary, and
may with that object make ordinances (to be approved by Our Secre-
tary of State), and may establish and maintain a force of police.

XI. The Company shall, to the best of its ability, discourage and,
so far as may be practicable, abolish by degrees, any S3rstem of slave
trade or domestic servitude in the territories aforesaid.

XII. The Company shall regulate the traffic in spirits and other
intoxicating liquors within the territories aforesaid, so as, as far as

Digitized by VjOOQ IC



5^2 SELECT DOCUMENTS

practicable, to pKrevent the sale of any spirits or other intoxicatiiig
hquor to any natives.

XIII. Tne Company as such, or its officers as such, shall not in any
way interfere with the reUgion of any class or tribe of the peoples of
the territories aforesaid, or of any of the inhabitants thereof, except so
far as may be necessary in the interests of humanity, and all forms of
religious worship or reuKious ordinances may be exercised within the
said territories and no hindrance shall be ofiered thereto except as
aforesaid.

XIV. In the administration of justice to the said peoples or in-
habitants, careful regard shall always be had to the customs and laws
of the class or tribe or nation to which the parties respectively belong,
especially with respect to the holding, possession, transfer, and disposi-
tion of lands and goods and testate or intestate succession thereto, and
marriage, divorce, and legitimacy and other rights of property and
personal rights, but subject to any British laws which may be in force
m any of the territories aforesaid, and appUcable to the people or in-
habitants thereof.

XV. If at any time Our Secretary of State thinks fit to dissent
from or object to any part of the proceedings or system of the Company
relative to the peoples of the territories aforesaid, or to any of tfa^
inhabitants thereof, in respect of slavery or reUgion or the administra-
tion of justice, or anv other matter, he shall make known to the Com-
pany his dissent or objection, and the Company shall act in accordance
with his directions duly signified.

XVI. In the event of the Company acquiring any harbour or
harbours, the Company shall freely afford all facihties for or to Our
ships therein without payment, except reasonable charges for work
done or services rendered or materials or things supplied.

XVII. The Company shall furnish annually to Our Secretary of
State, as soon as conveniently may be after the close of the financial
year, accounts of its expenditure for administrative purposes, and of all
sums received by it by way of public revenue, as distinguished from its
commercial profits, during the financial year, together with a report
as to its public proceedings and the condition of fiie territories within
the sphere of its operations. The Company shall also on or befcx¬Ђ the
commencement of each financial year furnish to Our Secretary of State
an estimate of its expenditure for administrative purposes, and of its
public revenue (as above defined) for the ensuing year. The Company
shall in addition from time to time furnish to our Secretary of State
any reports, accounts, or information which he may require to be fur-
nished.

XVIII. The several officers of the Company shall, subject to the
rules of official subordination, and to any reflations that may be
agreed upon, communicate freely with Our High Commissioner in
South Africa, and any others Our officers, who may be stationed within
any of the territories aforesaid, and shall pay due regard to any r^uiie-
ments, suggestions, or requests which the said High Commissioner
or other officers shall make to them or any of them, and the Company
shall be bound to enforce the observance of this article.

XIX. The Company may hoist and use on its buildings and else-
where in the territories aforesaid, and on its vessels, such distinctive
flag indicating the British character of the Company as Our Secretary



Online LibraryG.W. EybersSelect constitutional documents illustrating South African history, 1795-1910 → online text (page 67 of 70)