Republic of South Africa

“ He seemed to see in imagination the future he was describing.
‘You have made out a very good case for your people as a nation, Steve, but what will you do with all the Englishmen in South Africa if it should become an Afrikander republic, as you seem to wish and hope? Will you drive them out of the country, or will you let them live an Uitlander race for ever here, as this Government is doing now? Will you exclude them from your future great South African nation?’
‘Decidedly not. We should be only too pleased to have them unite with us. ”

“ The only condition on which they can live in harmony, and the country progress, is equality all round. South Africa can prosper under two, three, or six Governments; but not under two absolutely conflicting social and political systems—perfect equality for Dutch and British in the British Colonies side by side with the permanent subjection of the British to the Dutch in one of the Republics. It is idle to talk of peace and unity under such a state of affairs.
"It is this which makes the internal condition of the Transvaal Republic a matter of vital interest to Her Majesty's Government. ”

“ We neither desire to be a united British colony, nor a united South African 129 Empire. We wish to be a united South African Republic. Such were Steve’s thoughts on the matter. But everything seemed to be tending towards a crisis. He felt that the time was not far distant when it would be decided whether a great new nation would be formed in South Africa by the fusion of the races, or whether South Africa would be put down, and kept down as a vassal state, for, perhaps, another decade, or maybe two decades. ”

“ The form of government of this State shall be that of a republic. ARTICLE 3. It desires to be recognized and respected by the civilized world as an independent and free people. ARTICLE 4. The people seek for no extension of territory, and desire it only in accordance with just principles, when the interest of the Republic makes such extension desirable. ARTICLE 5. The people desire to retain and maintain their territory in South Africa unimpaired. The boundaries thereof are fixed by proclamation. ARTICLE 6. Its territory is open for every foreigner who obeys the laws of this Republic. ”

“ The Republic of South Africa Constitution Act, 1983 repealed most of the 1961 Act on 3 September 1984, and replaced it as South Africa's constitution. The unrepealed remainder of the 1961 Act was renamed, becoming the Provincial Government Act, 1961. ”

“ As such a farm needs and supports only a few men, the population grows but slowly. The Free State is nearly as big as England and just as big as the State of New York; but it has only 77,000 white inhabitants and about 130,000 natives.
THE SOUTH AFRICAN REPUBLIC
Somewhat larger,—about as large as Great Britain and nearly two-thirds the size of France—is the South African Republic, which we commonly talk of as the Transvaal. Of its white population, which numbers some 170,000, two-thirds are in the small mining district of the Witwatersrand. ”

“ Again the Boers migrated, this time crossing the River Vaal, and founding a "Transvaal Republic."
In the history of the next thirty years we see not a vacillating, but rather a tentative policy, behind which was always an inflexible purpose to establish British rule in South Africa, peaceably, if possible, or by force, if compelled. The British Government was trying to bring to terms the most intractable race it had ever dealt with in all its colonizing experience. ”

“ I am convinced that the majority of South Africans are anxious to see a ‘United South Africa,’ and I believe they will see it before long. I cannot, of course, speak for the Dutch; but I am sure that every ‘Britisher’ in Natal and in Rhodesia, and nine out of every ten ‘Britishers’ in the rest of South Africa, are in favour of federation. The great problems of South African development can only be completely solved by a central authority. ”

“ Quiet as Pretoria is, the echoes of the noisy Rand are heard in it, and the Rand questions occupy men's minds. But outside Pretoria the country is lonely and silent, like all other parts of the Transvaal, except the mining districts. Here and there, at long, intervals, you come upon a cluster of houses—one can hardly call them villages. If it were not for the mines, there would not be one white man to a square mile over the whole Republic. ”

“ In spite of all its hypocritical accusations, the British Government is perfectly well aware that, notwithstanding the unparalleled difficulties with which the Government and the Legislature have had to contend, the administration of the South African Republic is on a sound basis, and can, indeed, be favourably compared with that of other countries in a similar position. ”

“ Is it desirable that the Empire should be able to produce its own equipment within its own limits? South Africa offers a great mineral and agricultural and pastoral country, richer in metals than Australia, more favoured in climate than Canada. Is the command of the sea important, and the possession of harbours and dockyards in all parts of the world? South Africa holds the key of the Southern Ocean, and forms, after Egypt, the second line of communication with India and the East. ”

“ It is no less true of South Africa than it is of the old countries of Europe that to understand the temper of the people, the working of their government, the nature of the political problems which they have to solve, one must know something of their history. ”

“ Now that we have our railway up to Kimberley, we have the British South African Company to take it in hand, and the object of the Government is to see that we have an extension line into these territories which will, in time to come, be recognised as portions of the Cape Colony. Gentlemen, I and my colleagues have come to the conclusion, that we cannot better advance the best interests of South Africa than by joining hand-in-hand to advance British interests westward of the Transvaal State, and right up to the Zambesi. ”

“ The South African Federation.In the end we won, and peace was signed in 1902; a ‘Federation’ of all the South African colonies with a central Parliament at Capetown has recently been concluded, and the hatred between British and Dutch is now almost a thing of the past. South Africa owes its recent prosperity more to the discovery of great gold and diamond mines than to agriculture; but almost anything can be grown there. ”

“ The absence of continuous, wise, and statesmanlike policy, which has for the most part marked the tone of those, who have had the Imperial guidance and control of South African affairs in the past, has had the effect of sowing the seeds of enmity to the Government of the Mother Country, which it will require all the wisdom, and tact, and conciliatory sympathy possible to be displayed in the future, in dealing with this magnificent part of the Empire, to allay. It will demand the greatest skill to prevent the permanent alienation, andPg 130 estrangement of South Africa from Great Britain. ”

“ Having defined the Imperial policy in South Africa to be the maintenance of the integrity of that federation of freemen which is the British Empire, the upholding of the banner of European justice and humanity in the Dark Continent, and for the promotion of these ends the fusion of all strains of the European race in one community, let us now consider the general lines of State action requisite to carry out that policy. ”

“ Let us stand manfully by one another. The danger has not yet disappeared; on the contrary, never has the necessity for a policy of a Colonial and Republican Union been greater; now the psychological moment has arrived; now our people have awakened all over South Africa; a new glow illuminates our hearts; let us now lay the foundation stone of a real United South Africa on the soil of a pure and all-comprehensive national sentiment. ”

“ The hour has struck which will decide whether South Africa, in jealously guarding its liberty, will enter upon a new phase of its history, or whether our existence as a people will come to an end, whether we shall be exterminated in the deadly struggle for that liberty which we have prized above all earthly treasures, and whether South Africa will be dominated by capitalists without conscience, acting in the name and under the protection of an unjust and hated Government 7,000 miles away from here. ”

“ And while all creation stands aghast beside the gaping graves, by rivers of blood, mourning with us the loss of some of the greatest Englishmen that ever lived, South Africa, having constituted herself the only vandal State, possesses sufficient incompassion to celebrate the protection conferred on her by the British Fleet and devote her God-given security to an orgy of tyranny over those hapless coloured subjects of the King, whom the Union constitution has placed in the hollow of her hands. ”

“ The following principles govern national security in the Republic:
(a)
National security must reflect the resolve of South Africans, as individuals and as a nation, to live as equals, to live in peace and harmony, to be free from fear and want and to seek a better life. ”

“ Any provision of any law in terms of which any person is required to take an oath or solemn affirmation of allegiance to the King or the Queen, shall be construed as a provision requiring such person to take an oath or solemn affirmation that he will be faithful to the Republic. ”

“ The fact that war and annexation were inevitable forms no reason why South Africa should remain for ever a useless appendage of the British Empire, a mere passenger in the Imperial boat. On the contrary, all the factors are present there which constitute the essential value to Great Britain of the 'Dominions beyond the seas.' Have the Colonies any use as an outlet for the cramped population of the Mother Country? South Africa furnishes a vast tract of territory in which Europeans can live and work. ”

“ They are prepared to fight and suffer on in order to make South Africa, indisputably and for ever, one country under one flag, with one system of government, and that system the British, which they believe to ensure the highest possible degree of justice and freedom to men of all races. ”

“ Recent history has brought South Africa very vividly before the eyes of English people, and it might, therefore, very well seem as though, of all parts of the Empire, the sub-continent would, now that peace is re-established, be the particular spot towards which colonization should naturally flow. This supposition is the more natural in that, for political reasons, British population is peculiarly to be desired. The land settlement of South Africa may therefore be said at the present time to interest all Britons perhaps more than any other individual Imperial scheme. ”

“ I accordingly hold that section 25 (5) constitutes unfair discrimination and a serious limitation of the section 9 (3) equality right of gays and lesbians who are permanent residents in the Republic and who are in permanent same-sex life partnerships with foreign nationals. I also hold, for the reasons appearing throughout this judgment and culminating in the conclusion reached at the beginning of this paragraph, that section 25 (5) simultaneously constitutes a severe limitation of the section 10 right to dignity enjoyed by such gays and lesbians. ”

“ We may look for remarkable development in South Africa, whose promise is larger than that of any other part of the continent. Whatever may be said of some of the methods by which the British have enlarged their empire, their rule has blessed the barbarous peoples whose countries they have absorbed. The task of improving the few millions of blacks in South Africa, and of developing the large and in some respects wonderful resources of that region, will be greatly assisted by the incoming of hundreds of thousands of Europeans, bringing with them the arts and other blessings of civilization. ”

“ The context in which “spouse” is used in section 25 (5) does not suggest a wider meaning. The use of the expression “marriage” in section 25 (6) and the special provisions relating to a person applying for an immigration permit and “who has entered into a marriage with a person who is permanently and lawfully resident in the Republic, less than two years prior to the date of his or her application” is a further indication that “spouse”, as used in section 25 (5) , is used for a partner in a marriage. ”

“ He submitted that this was recognised by the Constitution in that certain provisions of the Bill of Rights conferred significant rights only on citizens of the Republic. Thus only a citizen has the right to “enter, to remain in and to reside anywhere in the Republic” ”

“ If South Africa is to stay in the Empire it will have to be because the Empire will be made such that neither South Africa nor any other of the dominions would wish to leave it. For this, much has already been done. The liberation of the Transvaal and Orange River from the thraldom of their Crown Colony Government, and the frank acceptance of the Union Constitution by the British Government are the first steps in this direction. Meantime that future of South Africa, as of all the Empire, lies behind a veil. ”

“ In the present state of South Africa it is difficult to gauge the trend of public opinion. The most prevalent feeling amongst British and Dutch alike is probably one of dependence on the Imperial Government; and the best hope for the future lies in the establishment of a Federal Government in South Africa on similar lines to those of the Dominion Government of Canada and the Commonwealth Government of Australia. ”