Selected Official Documents of the South African Republic and Great Britain Part 3

ARTICLE 68.--The President appoints all officials, either personally, by commission through the head officials, taking into consideration that all officials must be enfranchised burghers, or must produce good testimonials to the satisfaction of the Government, and that so far as they are charged with financial administration, must find adequate security therefore at the choice of the Government.

ARTICLE 69.--The President complies, as far as possible, with the desire of the people, as referred to in Article 21.

ARTICLE 70.--The President shall submit, yearly, at the opening of the Volksraad, estimates of general outgoings and income, and therein indicate how to cover the deficit or apply the surplus.

ARTICLE 71.--He shall also give a report during that session of that Volksraad, of his actions during the past year, of the condition of the Republic and everything that concerns its general interest.

ARTICLE 72.--After examination of the election returns for the members of the Volksraad, sent in to the Executive Council, he shall summon that Raad, yearly, on the first Monday of May, and whenever necessity so demands.

ARTICLE 73.--He publishes in the month of March or April the names and residences of those chosen members of the Volksraad.

ARTICLE 74.--The written summons of the members of the Volksraad shall be sent to their houses three weeks before the opening of the same.

ARTICLE 75.--The President and one member of the Executive Council shall, if possible, visit the towns and villages of the Republic where Landrost's officers are, once in the year; he shall examine the state of those offices, inquire into the conduct of the officials, and on these circuits give the inhabitants during their stay an opportunity to bring before him anything they are interested in.

ARTICLE 76.--The President has the power, saving his responsibility to the Volksraad, to dismiss officials from their offices, to make provisional appointments, and to fill all open places.

He reports to the first following session of the Volksraad with regard to these transactions.

ARTICLE 77.--The President signs all appointments of officials, gives them their instructions himself, or has it read and explained to them by qualified officials, administers the oath, makes them sign it, and after their appointment puts into their hands a copy of instructions.

ARTICLE 78.--The President is charged with the administration of the public service, the Postal Department and Public Works; he and the members of the Executive Council are at the same time charged with the supervision of the powder magazines and cannon of the State.

ARTICLE 79.--Correspondence with foreign powers shall be carried on by the President and the Executive Council. The dispatches shall be signed by him and the Secretary of State.

ARTICLE 80.--The President with the Executive Council has the right to diminish or remit sentences of punishment pa.s.sed for misdemeanours or crime, on recommendation of the Court that has pa.s.sed the sentence, or upon pet.i.tion of the person condemned, after having taken the advice of the Court thereupon.

ARTICLE 81.--Before accepting his office he shall take the following oath before the Volksraad:--

"As elected President of the Republic, I promise and swear solemnly, that I shall be faithful to the people; and that I shall act according to right and law in my office, according to the best of my knowledge and conscience without respect of persons; that I have done no one favour, nor made presents to reach this office; that I shall not accept from anyone any present or favour, if I can suppose that this present or favour should be made or done with a view of gaining from me a resolution in favour of the person who does the favour or makes the gifts; that I shall act according to the Const.i.tution of the Republic, and intend alone the furthering of the happiness and welfare at large of its inhabitants."

ARTICLE 82.--The President exercises his power along with the Executive Council. An Executive Council shall be joined to the President, consisting of the Commandant-General, two enfranchised burghers, a Secretary, and a Notekeeper (_notulenhouder_), who shall have an equal vote, and bear the t.i.tle of members of the Executive Council. The Superintendent of Native Affairs and the Notekeeper shall be _ex-officio_ members of the Executive Council. The President and members of the Executive Council shall have the right to sit, but not to vote, in the Volksraad. The President is allowed, when important affairs arise, to invite the head official to be present in the Executive Council whose department is more directly concerned with the subject to be treated of. The said head official shall then have a vote in the Executive Council, be equally responsible for the resolution taken, and sign it along with the others.

ARTICLE 83.--According to the intention of Article 82 the following shall be considered "Head Officials": The State Attorney, Treasurer, Auditor, Superintendent of Education, Orphan-Master, Registrar of Deeds, Surveyor-General, Postmaster-General, Head of the Mining Department, Chief Director of the Telegraph Service, and Chief of Public Works.

ARTICLE 84.--The President shall be Chairman of the Executive Council, and in case of an equal division of votes have a casting vote.

For the ratification of sentences of death, or declarations of war, the unanimous vote of the Executive Council shall be requisite for a decision.

ARTICLE 85.--Regularly once a month, and at such other times as the President shall judge necessary, the Executive Council shall sit at his office.

ARTICLE 86.--The President with two members form a quorum.

ARTICLE 87.--All resolutions of the Executive Council and official letters of the President must, besides being signed by him, also be signed by the Secretary of State. The latter is at the same time responsible that the contents of the resolution, or the letter, is not in conflict with the existing laws.

ARTICLE 88.--The two enfranchised burghers or members of the Executive Council contemplated by Article 82 are chosen by the Volksraad for the period of three years, the Commandant-General for ten years; they must be members of a Protestant Church, have had no sentence in a criminal court to their discredit, and have reached the age of thirty years.

ARTICLE 89.--The Secretary of State is chosen also by the Volksraad, but is appointed for the period of four years. On resignation or expiration of his term he is re-eligible. He must be a member of a Protestant Church, have had no sentence in a criminal court to his discredit, possess fixed property in the Republic, and have reached the age of thirty years.

ARTICLE 90.--Before the members of the Executive Council and the Commandant-General receive their office, they take the official oath before the Volksraad and sign the same. That oath shall be of similar contents to that of the President, as modified to the t.i.tle or office of the person sworn, and that of the Commandant-General to the contents of Article 108.

ARTICLE 91.--Before the Secretary of State receives his office he takes a similar oath to the members of the Executive Council, with a small modification suitable to the nature of his office.

ARTICLE 92.--In case the Volksraad decide to give effect to the complaints mentioned in Article 31, it shall put the complaint in the hands of the State Attorney with a view to its examination. If it appears from such examination that the complaint is well founded, then the Volksraad shall send the complaint to the High Court, or the Court contemplated in Article 61, with notice of such sending to the said Attorney. This Court, which then will have to deal with the case, shall take cognizance of the case, and in the last resort p.r.o.nounce sentence.

OF THE MILITARY FORCE AND MILITARY COUNCIL.

ARTICLE 93.--The military force consists of all the men of this Republic capable of bearing arms, and if necessary of all those of the natives within its boundaries whose chiefs are subject to it.

ARTICLE 94.--Besides the armed force of burghers to be called up in times of disturbance or war, there exists a general police and corps of artillery, for which each year a fixed sum is drawn upon the estimates.

ARTICLE 95.--The men of the white people capable of bearing arms are all men between the ages of sixteen and sixty years; and of the natives, only those which are capable of being made serviceable in the war.

ARTICLE 96.--For the sub-division of the military force the territory of this Republic is divided into field-cornetcies and districts. The dividing lines of the field-cornetcies and districts are fixed by and in a common council of the President, Commandant-General, and the adjoining Commandants and Field-Cornets; and each inhabitant shall be bound to obey the authorities of the field-cornetcy or district in which he lives.

ARTICLE 97.--The men are under the orders of the following officers, ascending in rank: a.s.sistant Field-Cornets, Field-Cornets, Commandants, and a Commandant-General.

ARTICLE 98.--The officers are chosen by a majority of votes, viz., the a.s.sistant Field-Cornets and Field-Cornets, by the enfranchised burghers of the wards, so also the Commandants by the enfranchised burghers of the districts, and the Commandant-General by all the enfranchised burghers of this Republic. Enfranchised burghers, according to this Article, are burghers who have reached the age of eighteen years. The ballot-boxes for the election of officers shall be attended to by the Landrosts, who shall be bound to send them up to the Executive Council. The Executive Council shall be obliged to give notice to the chosen Commandant-General of the choice which has fallen upon him.

ARTICLE 99.--Their appointments are:--The Commandant-General for ten years, the Commandants for five years, the Field-Cornets, and the a.s.sistant Field-Cornets for three years; and on expiration of this term, they are re-eligible. The Commandant-General shall be discharged, or relieved of his post, on conviction of crimes, as mentioned in Article 60.

ARTICLE 100.--Not more than one Commandant shall be chosen for each district.

ARTICLE 101.--The military force, with the exception of the hired natives, is summoned for the maintenance of order, for commando duty on the occasion of home rebellion, and without any exception for the protection of the country, and to fight with foreign enemies.

ARTICLE 102.--The a.s.sistant Field-Cornets and Field-Cornets are charged with the maintenance of order; the Commandants are charged with the commandos on occasion of rebellion at home; the Commandant-General with commandos for the purpose of quelling disturbance among the white population, the protection of the country, and fighting with foreign enemies, in which case the Commandant-General shall have supreme command over the whole army.

ARTICLE 103.--We must understand by

(_a_) Maintenance of order: the execution of the laws, the carrying out of sentences after receiving orders, and the consideration of measures of general and local interest; also the supervision over the natives, and the repression of vagrancy and vagabondage in the field-cornetcies.

(_b_) Commandos on occasion of rebellion among the natives: bringing Kaffir chiefs to their duty.

(_c_) Commandos for the suppression of disorders among the white population: dispatching sufficient force to the district where disorder has broken out; and by

(_d_) Defence of the country and carrying on war: carrying out martial law and taking the field at the head of the army.

ARTICLE 104.--All subordinates receive orders from the officers and officials placed above them.

ARTICLE 105.--All the officers except the Commandant-General shall be, before taking up their office, sworn by the President in accordance with Article 77. The Commandant-General shall be sworn by the Volksraad, according to Articles 90 and 106.

ARTICLE 106.--This oath shall be of the following contents:

"I promise and swear solemnly allegiance to the people of this Republic; that I shall act in my office according to the law, right, and justice, according to the best of my knowledge and conscience, without respect of person; that I have made or promised to no one gift or favour to reach this office; that I shall receive from no one any gift or favour if I can suspect that this should be done or shown to persuade me in the duties of my office in favour of the giver or favourer; that I shall obey the commands of those placed over me according to the law, and consider only the prosperity, welfare, and independence of the country and people of this Republic."

ARTICLE 107.--The Field-Cornets shall, lawful prevention being excepted, give a report every three months to the Landrost of events among their subordinates in the wards in the past months, and as often besides that time as a report is required of them. With regard to military matters, the Field-Cornet is also obliged to report to the Commandant placed over him, besides the Landrost. If he does not comply therewith, or in case of negligence, he shall be fined in Rds. 10.

ARTICLE 108.--The Commandants send the three-monthly reports of the Field-Cornets, with the addition of their own report, besides their remarks, to the Commandant-General. The latter acts in the same way with the reports of the Commandants in sending his report to the President, and without delay these reports must be sent to the President.

ARTICLE 109.--The Field-Cornets shall keep a list of those in their wards who are liable to duty, and must draw up that list in such a way that it appears therefrom who must be summoned for the maintenance of order, so that the duties of the men may be proportionately divided amongst them.