not exclusively assigned to the provincial parlia- (5) There are no provisions in the British North America The Former Transvaal and Orange River Colonies. The various steps relating to the annexation of conquered colonies and the subsequent settlement of the government may be illustrated by a short account of the former Transvaal and Orange River colonies. A commission under the royal sign manual and signet empowered Field-Marshal Lord Roberts to annex the Transvaal, constitute himself administrator, and make laws. This was accordingly done by Lord Roberts' proclamation of the 1st of September, 1900. (r) Letters patent under the Great Seal of the 2nd of August, 1901, constituted the offices of governor and commander-inchief, and also of lieutenant-governor, and created executive and legislative councils, composed of members nominated by the Crown or the secretary of state. These letters patent were subsequently revoked, and a similar form of government provided for the colony by letters patent of the 23rd of September, 1902. (s) Under these, the government of the (r) St. R. & O. 1901, p. 540. (s) St. R. & O. 1902, p. 614. These letters patent were proclaimed in the colony the 29th of September, 1902. Transvaal consisted of a governor and commander-in-chief, and a lieutenant-governor, who exercised the powers conferred upon them by the letters patent or their commissions, or by instructions under the royal sign manual and signet, or conveyed through the secretary of state; an executive council, composed of members appointed by instructions under the royal sign manual and signet, or conveyed through a principal secretary of state; and a legislative council, consisting of the lieutenant-governor and members appointed by the Crown in the same manner as members of the executive council. The legislative council was empowered to legislate by ordinance, subject to disallowance by his Majesty, and to constitute courts and officers, and make regulations for the proceedings therein. The lieutenant-governor, with the consent of the governor, appointed judges and other officers. Power was reserved to his Majesty by the letters patent to legislate for the colony by Order in Council. Appeal lay from the Supreme Court of the Transvaal to the Privy Council. The successive steps in the formation of the government of the Orange River colony were similar to those taken in the case of the Transvaal, and until the union of South Africa under the South Africa Act, 1909, the former possessed a form of government similar to that of the latter. Responsible governments were subsequently granted to both colonies by letters patent in 1906 and 1907 respectively, (t) the legislatures being composed of a legislative council nominated by the governor, and an elected legislative assembly in both colonies. They are now provinces of the Union of South Africa, with local legislatures formed under the South Africa Act, 1909, as stated in the next paragraph. The Union of South Africa. By proclamation issued by the Crown on the advice of the Privy Council under the authority of the South Africa Act, 1909, (u) the former colonies of the Cape of Good Hope, Natal, (t) See the letters patent of 6th December, 1906, and 5th June, 1907, respectively. (u) 9 Ed. VII. c. 9. and the Transvaal and Orange River Colonies, were united in a legislative union under one government, bearing the name of the Union of South Africa, the four original provinces of the Union being the above four colonies under the names of the Cape of Good Hope, Natal, Transvaal, and Orange Free State respectively. Power was reserved to the Crown by the Act to admit into the Union by Order in Council on an address by both Houses of the Union Parliament territories administered by the British South Africa Company, and to transfer to the Union on similar addresses the government of any territories inhabited wholly or in part by natives belonging to or under the protection of the Crown. The executive government is vested under the Act in a governor-general appointed by the Crown, assisted by an executive council chosen and summoned by the governorgeneral and holding office during his pleasure. Not more than ten ministers of state, who must be members of either of the legislative Houses, are also appointed by the governorgeneral to administer the departments of state. The legislative power is vested by the Act in a Senate and a House of Assembly. For ten years after the commencement of the Union the senate is to be composed of eight senators nominated by the governor-general, and eight senators for each original province, selected by the legislatures of the former colonies respectively, and holding office for ten years. The Union Parliament has power to provide for the constitution of the senate after the expiration of the first ten years; but if no provision is so made, eight senators are to continue to be nominated by the governor-general, and eight senators are to be elected for each province by the respective provincial councils and the members of the Union House of Assembly for the province sitting together. The senate chooses a president from amongst its own members. The House of Assembly is composed of a fixed number of members for each province (subject to the provisions of the Act as to increase in their numbers) elected by the votes of the Union in the various electoral divisions. The Provincial Governments are composed of an administrator appointed by the governor-general, and holding office for five years, and a Council composed of the same number of members as represent the province in the Union House of Assembly, but not less than twenty-five in any province. The Provincial Councils are elected for three years, and can only be dissolved by effluxion of time. They are presided over by a chairman chosen by the council. An executive committee of four members elected by the provincial council forms, with the administrator as chairman, the executive committee for the province. The Union Parliament unlimited powers possesses of legislation for the peace, order, and good government of the Union. The provincial councils have limited power to make ordinances (1) with regard to certain subjects specified by the Act; (2) on all matters which in the opinion of the governorgeneral in council are of a purely local or private nature; (3) on all other subjects which the Union Parliament may delegate to them. Provincial ordinances have effect only in so far as they are not repugnant to Acts of the Union Parliament. The governor-general fixes the times for sessions of the Union Parliament, prorogues Parliament, and may dissolve both Houses simultaneously, or the House of Assembly alone. The dissolution of the senate does not affect the eight senators nominated by the governor-general. The governor-general may assent to bills of the Union Parliament, or withhold his assent, or reserve the bill for the consideration of the Crown. On certain specified matters bills must be so reserved. On any bill so reserved the Crown may withhold assent; it may also disallow any law which has been enacted by the Union Parliament, within one year. The appointment and removal of officers of the public service is vested in the governor-general; together with the command of the naval and military forces of the Union as representing the King. The Union judiciary consists of the Supreme Court of South Africa, with an appellate division; the Supreme Courts in the former colonies becoming divisions of the Supreme Court of South Africa. Appeal to the Privy Council in England does not lie from any division of the Supreme Court. But nothing in the Act is to impair the right of the Crown to grant special leave to appeal from the appellate division of the Supreme Court to the Privy Council. The English and Dutch languages are both official languages of the Union, and on a footing of equality. Free trade is also to prevail throughout the Union. But until otherwise provided by the Union Parliament, the duties and customs of the former colonies are to be levied in the various provinces. |