Selected Official Documents of the South African Republic and Great Britain Part 4

ARTICLE 110.--The Commandant-General sits in the Executive Council as member of the same.

ARTICLE 111.--In the field the Commandant-General has the supervision of the war ammunition of the State.

ARTICLE 112.--The Commandants and Field-Cornets comply with the commands of the Landrosts, so far as they, according to the regulation of the laws about the judicial administrative power, come into relation with the same.

ARTICLE 113.--Notice of the contravention mentioned in Article 107 is given by the officers to the Landrosts of their districts, who will have to see that the fines are called in.

ARTICLE 114.--A month after the expiration of a commando the President shall, by means of the Landrost, take care that the a.s.signed share of the booty comes to the seriously wounded, the widows and orphans of the dead.

OF THE JUDICIAL POWER AND MAINTENANCE OF JUSTICE.

ARTICLE 115.--The people entrust the administration of justice to:

(_a_) A High Court.

(_b_) A Circuit Court.

(_c_) The Landrosts, in their capacity as such, and such other officials as are clothed with judicial competence by the law.

The Courts give judgment as soon as possible after the close of the case.

The Chief Justice and puisne judges must be duly graduated in law (_in de rechten gepromoveerd_).

The public ministry of public prosecution rests with the State Attorney, and under his supervision with the public prosecutors of the various districts.

The members of the two first Courts are appointed for their lives.

The law regulates the manner in which the discharge shall be granted them, either honourably or the reverse, in case of misconduct or incapacity.

ARTICLE 116.--The Landrosts are appointed by the Executive Council on every occasion on the occurrence of a vacancy. Two persons possessing the qualifications for officials according to the Grondwet are proposed to the enfranchised burghers of the district concerned, so as at the very latest within the period of two months to decide between the two such candidates by free voting, and to give written notice of the result of such voting to the Executive Council. The Landrosts must have been a year enfranchised burghers and be members of a Protestant Church, have had no criminal sentence to their discredit, and have reached the age of thirty years.

ARTICLE 117.--The Landrost of the place where the seat of Government is shall be appointed on recommendation of the Executive Council by the Volksraad. To be capable of receiving the appointment, it shall not be required to have been for any time a burgher of the State.

ARTICLE 118.--The Landrosts must at the same time duly provide security before accepting their office.

ARTICLE 119.--The jury shall be enfranchised burghers who have had no criminal sentence pa.s.sed upon them to their discredit, and have reached the age of thirty years.

ARTICLE 120.--The summons of the jury must be served in such time that they have, besides the time for the journey, three free days at their disposal.

ARTICLE 121.--The persons chosen as Landrosts shall, if they intend to make objections to the choice which has fallen upon them, send in their objections to the President within the first thirty days after the choice has fallen upon them.

ARTICLE 122.--If within that time they send in no objection, they are considered to accept that office.

ARTICLE 123.--The juryman who does not comply with the summons, mentioned in Article 120, is fined in Rds. 100, unless he can allege matter of excuse as mentioned in Article 35.

ARTICLE 124.--The Landrosts, before taking their office, take the following oath before the President and members of the Executive Council:--

"I promise and swear solemnly allegiance to the people and laws of this Republic, and that I shall act in my post and office justly and equitably, without respect of persons, in accordance with the laws and according to the best of my knowledge and conscience; that I will accept present or favour from no man, if I can suppose that this has been made or done with a view to persuade me in favour of the giver or favourer in my judgment or action. Outside of my office as judge that I shall obey according to the law the commands of those placed over me, and in general only consider the maintenance of the law, justice and order, to the furtherance of the prosperity, the welfare and the independence of the land and people."

ARTICLE 125.--The members of the jury shall take the following oath before they hold session:--

"I promise and swear solemnly to act in my office as juryman, justly, equitably, without respect of persons, according to the best of my knowledge and conscience, and to give judgment upon the cases and accusations laid before me for judgment according to law; that I have accepted present or favour from no man from whom I can suspect that this has been given or done in order to persuade me in favour of the giver or favourer in my sentence, and forthwith to consider only the maintenance of law, right and order, to the furtherance of the prosperity and welfare of this Republic."

ARTICLE 126.--The Field-Cornets as much as possible settle the differences between the inhabitants of their districts, and prevent the bringing of processes. For this end every one is ent.i.tled to summon for this purpose the person with whom he is at variance at a time to be fixed by the Field-Cornet. The Field-Cornet's costs shall be paid by the parties according to a tariff.

ARTICLE 127.--All sentences in civil as well as in criminal cases are delivered in public, and executed in the name of the people of the South African Republic. Punishments which can be inflicted on white criminals in this Republic are:--

1. Imprisonment;

2. Hard Labour, with or without irons, according to the nature of the case;

3. Transportation or Exile; and

4. Death.

No white man can be condemned to lashes on the body, if not expressly so fixed by law.

ARTICLE 128.--The plaintiffs in appeal shall pay, in case their appeal be found groundless or be refused, for an appeal from the sentence of the Landrost's Court 5 Rds. If it appear afterwards that this appeal is good, then that money is returned.

ARTICLE 129.--The copies of the doc.u.ments filed by parties shall be made up by the clerks, and each page thereof shall have 25 lines, and each line, taking one with another, contain twelve syllables; the clerks shall charge two shillings and four pence for every page.

ARTICLE 130.--In case any one is not able to carry on a case, and nevertheless thinks he has good grounds for so doing, he shall serve a written pet.i.tion to that end upon the Landrost of the Court, before which he must bring his case. That Court shall grant him the right of carrying on his case, and exempt him from the payment of law costs, provided:

(_a_) He has produced a written proof from his Field-Cornet and two of his neighbors that he is not able to carry it on;

(_b_) That the Court, after a preliminary examination of his demand, and after having heard the opposite party thereupon, has found that his demand may be well founded.

ARTICLE 131.--The sittings of the Courts of law shall be held: Those of the Landrosts every day from 10 a.m. to 3 p.m.

The Higher Courts according to proclamation and rules making provision therefor.

ARTICLE 132.--The clerk who without sufficient reason leaves his place unfilled, can be suspended by the Landrost, with notice to the President, from his office for a definite time, and another can be appointed in his place after the latter has taken the oath according to law.

ARTICLE 133.--The Courts of law shall, in fixing punishments, bear in mind, that as the same punishment can be lighter or heavier for one man than another, it is the intention of the legislators, to punish each one equally severely for a similar transgression of the law; and that punishments may be fixed in accordance therewith.

ARTICLE 134.--The Courts of law shall try as far as possible to hasten the hearing of cases, and give judgment thereupon as soon as possible.

ARTICLE 135.--The clerk or the Landrost shall keep a register of all cases which are brought by parties before the Court, and enter this register up daily.

OF THE ADMINISTRATIVE POWER, OR THE CIVIL SERVANTS.

ARTICLE 136.--The administrative power of the home government derives its power from the Executive Council, and is under the commands of the President and the members of the Executive Council.

ARTICLE 137.--It (_i.e._ the administrative power) is in the hands of such officials as are fixed by law.

ARTICLE 138.--The territory of the State is for these purposes of government divided into districts, to which belong divisions and towns or villages. Changes in the division of districts or wards take place according to Article 96.