THE LATEST FRANCHISE LAW IN THE TRANS VAAL. [To THE
EDITOR. OF TH2 "SPECTATOR."] Sin,—The following précis of the new Franchise La* of the Transvaal as passed by the Volksraad on July 8th willbe of interest to your readers, as showing what abundant reason there is for inquiry as to the effect of its very intricate pro.
visions before placing any confidence in it as affording a solution of the South African difficulty. The provisions of Article 1 control the application of all the remaining clauses. Article 2 is of no consequence. It applies only to newcomers and involves a "chrysalis" period of five years, during which the candidate would be expatriated altogether, having abjured his original allegiance without obtaining the Transvaal burghership. Article 3 also applies to newcomers, and therefore is of no great consequence. But it is more practicable than Article 2, inasmuch as the applicant is required only to give notice of his candidature—not to abjure his native country—in advance of obtaining citizen rights in the South African Republic. Article 4 is all-important. It is the Article under which the Outlanders are to be at once admitted to citizenship, and it is to be noted that it holds good for six months only, of which six weeks have already elapsed in a state of uncertainty which has rendered the clause inoperative. Can the necessary business connected with the giving and receiving of some ten or twenty thousand notices be transacted in the remaining time ? Moreover, in considering it, or rather in considering Article 1 as a part of Article 4, it must be borne in mind that (a) the Field Cornet's lists are practically non-existent so far as the Outlander population of Johannesburg and the Rand generally is concerned, and that, consequently, almost every application will have to be sup- ported by two affidavits from "leading burghers" of the district ; (b) that although there is provision in the Act for getting over the difficulty of a. refusal on the part. of the Field Cornet and Landdrost to sign the applicant's certificate prescribed in Section A of Article 1, there is no provision for getting over a refusal by the local Commandant to counter- sign it, so that apparently the enfranchisement of any division win depend upon the good humour of this military gentleman; (c) that the qualifying oath is drawn up in Dutch, and no provision is made for its being administered to the applicant in his mother tongue. A small proportion only of the Out- lander population is capable of taking a "Corporal oath" in THE " PRtCIS " ABOVE REFERRED To.
Article 1. Every white male foteigner being of the age of sixteen years and upwards resident in the Republic may obtain letters of naturalisation on the following conditions :-
A. He must produce a certificate, signed by bis Field Cornet and his Landdrost, and countersigned by the Commandant of his division, to the following points • (I.) Continuous registration in the field Cornet's list. (II.) Residence during the required time in the Republic.
(III.) Obedience to the laws of the land -(IV.) That he has committed no offence against the • independence of the Republic. If the Field-Cornet and Landdrost cannot certify of their own knowledge they may certify on the faith of three affidavits to the above effect made, one by the applicant, and the remaining two by leading burghers of his district. If the Field Cornet and Landdrost refuse the certificate, the applicant may appeal to the Executive Council. [But no judicial machinery is provided for this purpose.] B. He must make an affidavit to the effect that he has never been sentenced for high treason, murder, rape, theft, deceit, perjury, adulteration, or forgery, and he must "produce further evidence of good conduct." [No indi- cation is afforded of the nature of this evidence, nor is it stated who is to judge of it.]
C. He must produce evidence of property to the extent of :— Unencumbered real estate of the value of £150; or, the payment of £50 a year for rent; or, a fixed salary or wages of £100 a year; or, that he obtains an independent livelihood by agriculture or stock farming.
D. He must take an oath to be a trusty citizen, and obedient to the law and constituted authorities ; which oath shall be taken to imply that he abjures all rights and duties of any other allegiance. If later on he desires to obtain the full franchise, he must go through all the above ceremonies again except the oath.
Article 2. Any person otherwise qualified may obtain letters of naturalisation after two years' residence, and full franchise after five years' naturalisation. Article 3. Any person otherwise qualified may give notice of an intention to apply for both letters of naturalisation and full franchise after an interval of seven years, and may obtain them on satisfying the conditions of Article 1 at the end of that period, subject to notice duly given six months at least before the seven yearaf term expires.
Article 4. Every resident.in the Republic before the date of the.new Act may obtain letters of naturalisation and full fran- chise " upon satisfying the conditions of Article 1, and after the
lapse of seven years." (This last phrase, which is textural, translated from the Act, is wholly ambiguous,—as it here reads. It probably is understood to signify, after the lapse of seven, years trona the date at which the residence commenced, but this le mere conjecture.]
Notice of the applicant's intention to take advantage of this clause must be given within six months of the date of the Act, otherwise the applicant's right under it lapses. Article 5. The Government may confer the franchise on officials or persons who have rendered service to the State on the sole condition of taking the oath.
Article G. Deals with persons under age.
Article 7. Every application is to be submitted for criticism to the State Secretary and State Attorney. Articles 9, 10, and 11. Formal—the Act to take effeet immedi- ately.
Schedule. Form in which application for naturalisation and full franchise is to be made.
Previous page
