Selected Official Documents of the South African Republic and Great Britain Part 5

ARTICLE 139.--Each district is governed by a Landrost, a.s.sisted by such officials as shall be joined to him by the law. The Commandants and Field-Cornets of the division are, as far as those purposes of government are concerned, under the orders of the aforesaid civil servants.

ARTICLE 140.--District Council and town or village boards can be established where the population so desires. At the head of each district is a Landrost, who is _ex-officio_ chairman of the District Council, to be chosen by the burghers of the district, consisting of as many members as there are field-cornetcies.

ARTICLE 141.--To the District Councils is entrusted the care of the public roads and other public works in the district, besides all other matters conferred on them by law.

ARTICLE 142.--With the exception of the salaries fixed by law, all costs of the district board are borne by the district itself. Yearly an estimate for that purpose composed of expenses and income is fixed by the District Council, and sent up to the Executive Council for ratification. Each year similarly account is rendered for the past civil year, which is closed by the District Council, and sent up to the Executive Council for final ratification.

The District Council shall receive the ratification of the Volksraad beforehand before the raising of any tax.

ARTICLE 143.--At the head of each town or village government recognized as such by the law stand a burgomaster and a council of six or eight members, according to the population.

All costs for the defraying of this local administration are borne by each place. Before the raising of any tax by a town or village board the ratification of the law is requisite.

For the local estimate and accounts the same rules hold good as fixed in the preceding articles for those of a district.

ARTICLE 144.--All publications are published in the _Staats Courant_ and made public by the Field-Cornets in their divisions by calling the inhabitants of those divisions together.

ARTICLE 145.--All officials are obliged to answer as soon as possible the official letters received by them, and to deal with their contents.

ARTICLE 146.--The Field-Cornet shall keep an exact register of all new inhabitants who come in their division; of all changes or removals of the inhabitants elsewhere; of all deaths taking place among them; and of all male persons who have reached the age of sixteen years.

ARTICLE 147.--All small traders who enter this territory shall not trade until they are provided with a license, which has been obtained at one of the Landrost's offices, and signed by the Landrost.

ARTICLE 148.--It shall not be permitted that newly-arrived persons should settle in any uninhabited districts in this Republic without the knowledge and permission of the Government of this State.

ARTICLE 149.--Where such is not entrusted to a town or village council, the Landrosts are charged with the duty of overseeing a town or village, together with all subordinate functions, so that everything may take place in regular order.

OF THE FINANCES OF THE STATE.

ARTICLE 150.--The income of the State and taxes of the inhabitants are regulated by the law.

ARTICLE 151.--All farms and grounds of the inhabitants are guaranteed by the Government as fixed property, with the right reserved to the Government to lay down a public road for the use of the inhabitants over such farms when it is demanded.

ARTICLE 152.--All who, living outside of the Republic, possess uninhabited ground or farms in this Republic shall pay for each farm as long as it is uninhabited a double tax yearly.

ARTICLE 153.--The tax for each "erf" in the towns shall be regulated by the law; and no money for water rights shall be exacted from the public.

ARTICLE 154.--All surveyed or inspected farms must on sale be conveyed within the period of six months, and the proprietary due (_heerenrecht_) be paid within the period of six months; in case of neglect to comply with above, after the promulgation of this law, the proprietary due shall be double. The ground is conveyed from the first owner.

ARTICLE 155.--The taxes to be paid by the people, where no other officials are appointed by law, are paid at the office of the Landrosts of the districts.

ARTICLE 156.--All uninspected farms which are under application must be inspected as soon as possible.

ARTICLE 157.--Every one who owns property and chooses to do so, shall, besides the inspectors, be able to make use of a surveyor, for the surveying and charting of his ground.

ARTICLE 158.--No civil servant shall have the right to defend cases before the courts of law except for himself.

ARTICLE 159.--All earlier laws and resolutions in conflict with the contents of these laws are altogether suspended.

S.J.P. KRUGER, _President._ C. VAN BOESCHOTEN, _Acting Secretary of State._

GOVERNMENT OFFICES, PRETORIA, 19th November, 1889.

LAW No. 4, 1891.

FOR THE ESTABLISHMENT OF A REPRESENTATION OF THE PEOPLE CONSISTING OF TWO VOLKSRAADS.

ARTICLE 1.--The legislative power shall rest with a representation of the people, which shall consist of a First Volksraad and a Second Volksraad.

ARTICLE 2.--The First Volksraad shall be the highest authority in the State, just as the Volksraad was before this law came into operation.

The First Volksraad shall be the body named the Volksraad until this law came into operation. From the period of this law coming into operation, the name of that body shall be altered from the Volksraad to the First Volksraad. The persons forming that body as members shall, however, remain the same, only they shall from the said period be named members of the First Volksraad instead of members of the Volksraad.

All laws and resolutions having reference to the Volksraad and the members thereof shall remain in force and apply to the First Volksraad and the members thereof, except in so far as a change is or shall be made by this and later laws.

ARTICLE 3.--The First and the Second Volksraad meet at least once a year.

This ordinary meeting is opened in a united session on the first Monday in the month of May, under the Presidency of the Chairman of the First Volksraad. Extraordinary meetings can be summoned by the President as often as he judges it necessary in the interest of the country.

ARTICLE 4.--The number of the members of the Second Volksraad shall be the same as of the First Volksraad. This number shall be fixed later by the First Volksraad for both Volksraads.

ARTICLE 5.--Each member of either of the two Volksraads takes the following oath on accepting his office of dignity before the Chairman:--

"As elected as member of the First (or Second) Volksraad of the representation of the people of this Republic, I declare, promise, and swear solemnly that I have neither made nor promised present to anyone to reach this honour, that I shall be faithful in this office of dignity to the people and its independence, that I shall behave according to the Const.i.tution and other laws of this Republic, according to the best of my knowledge and conscience, and that I shall always aim at the furtherance of the happiness and prosperity of the inhabitants in general."

ARTICLE 6.--The manner of election of the members of the Second Volksraad shall be the same as that of the members of the First Volksraad.

ARTICLE 7.--The members of the Second Volksraad shall enjoy the same allowance as the members of the First Volksraad, and have the same obligations with regard to informing their electors of their laws and resolutions.

ARTICLE 8.--The members of the Second Volksraad are chosen for the period of four years.

In the first ordinary session of the Second Volksraad it shall be decided by lot which members shall belong to that half which must resign already after the lapse of the first two years.

ARTICLE 9.--The members of the First Volksraad are chosen by those enfranchised burghers who have obtained the burgher right, either before this law came into operation, or thereafter by birth, and have reached the age of sixteen years.

The franchise for the First Volksraad can besides also be obtained by those who have during ten years been eligible for the Second Volksraad, by resolution of the First Volksraad, and according to rules to be fixed later by law.

ARTICLE 10.--The members of the Second Volksraad are chosen by all enfranchised burghers who have reached the age of sixteen years.

ARTICLE 11.--No one is allowed to offer himself for election for both Volksraads, or in more districts or election divisions than one at the same time.

ARTICLE 12.--The members of the Volksraad may not stand to one another in the relation of father and son or stepson.