CONVENTION FOR THE SETTLEMENT OF THE
TRANSVAAL TERRITORY.
August, 1881.
PREAMBLE.
Her Majesty's Commissioners for the Settlement of the Transvaal
territory, duly appointed as such by a Commission passed under the Royal
Sign Manual and Signet, bearing date the 5th of April, 1881, do hereby
undertake and guarantee on behalf of Her Majesty that, from and after the
8th day of August, 1881, complete self-government, subject to the suzerainty
of Her Majesty, her heirs and successors, will be accorded to the
inhabitants of the Transvaal territory, upon the following terms and
conditions, and subject to the following reservations and limitations:—
ARTICLE I.
The said territory, to be hereinafter called the Transvaal State, will
embrace the land lying between the following boundaries, to wit: [here
follow three pages in print defining boundaries.]
ARTICLE II.
Her Majesty reserves to herself, her heirs and successors, (a) the
right from time to time to appoint a British Resident in and for the said
State, with such duties and functions as are hereinafter defined; (b)
the right to move troops through the said State in time of war, or in case
of the apprehension of immediate war between the Suzerain Power and any
Foreign State or Native tribe in South Africa; and (c) the control of
the external relations of the said State, including the conclusion of
treaties and the conduct of diplomatic intercourse with Foreign Powers, such
intercourse to be carried on through Her Majesty's diplomatic and consular
officers abroad.
ARTICLE III.
Until altered by the Volksraad, or other competent authority, all laws,
whether passed before or after the annexation of the Transvaal territory to
Her Majesty's dominions, shall, except in so far as they are inconsistent
with or repugnant to the provisions of this Convention, be and remain in
force in the said State in so far as they shall be applicable
thereto, provided that no future enactment especially affecting the
interest of natives shall have any force or effect in the said State,
without the consent of Her Majesty, her heirs and successors, first had and
obtained and signified to the Government of the said State through the
British Resident, provided further that in no case will the repeal or
amendment of any laws enacted since the annexation have a retrospective
effect, so as to invalidate any acts done or liabilities incurred by virtue
of such laws.
ARTICLE IV.
On the 8th day of August, 1881, the Government of the said State,
together with all rights and obligations thereto appertaining, and all State
property taken over at the time of annexation, save and except munitions of
war, will be handed over to Messrs. Stephanus Johannes Paulus Kruger,
Martinus Wessel Pretorius, and Petrus Jacobus Joubert, or the survivor or
survivors of them, who will forthwith cause a Volksraad to be elected and
convened, and the Volksraad, thus elected and convened, will decide as to
the further administration of the Government of the said State.
ARTICLE V.
All sentences passed upon persons who may be convicted of offences
contrary to the rules of civilized warfare committed during the recent
hostilities will be duly carried out, and no alteration or mitigation of
such sentences will be made or allowed by the Government of the Transvaal
State without Her Majesty's consent conveyed through the British Resident.
In case there shall be any prisoners in any of the gaols of the Transvaal
State whose respective sentences of imprisonment have been remitted in part
by Her Majesty's Administrator or other officer administering the
Government, such remission will be recognized and acted upon by the future
Government of the said State.
ARTICLE VI.
Her Majesty's Government will make due compensation for all losses or
damage sustained by reason of such acts as are in the 8th Article
hereinafter specified, which may have been committed by Her Majesty's forces
during the recent hostilities, except for such losses or damage as may
already have been compensated for, and the Government of the Transvaal State
will make due compensation for all losses or damage sustained by reason of
such acts as are in the 8th Article hereinafter specified which may have
been committed by the people who were in arms against Her Majesty during the
recent hostilities, except for such losses or damages as may already have
been compensated for.
ARTICLE VII.
The decision of all claims for compensation, as in the last preceding
Article mentioned, will be referred to a Sub-Commission, consisting of the
Honourable George Hudson, the Honourable Jacobus Petrus de Wet, and the
Honourable John Gilbert Kotzé. In case one or more of such Sub-Commissioners
shall be unable or unwilling to act, the remaining Sub-Commissioner or
Sub-Commissioners will, after consultation with the Government of the
Transvaal State, submit for the approval of Her Majesty's High Commissioners
the names of one or more persons to be appointed by them to fill the place
or places thus vacated. The decision of the said Sub-Commissioners, or of a
majority of them, will be final. The said
Sub-Commissioners will enter upon and perform their duties with all
convenient speed. They will, before taking evidence or ordering evidence to
be taken in respect of any claim, decide whether such claim can be
entertained at all under the rules laid down in the next succeeding Article.
In regard to claims which can be so entertained, the Sub-Commissioners will
in the first instance afford every facility for an amicable arrangement as
to the amount payable in respect of any claim, and only in cases in which
there is no reasonable ground for believing that an immediate amicable
arrangement can be arrived at will they take evidence or order evidence to
be taken. For the purpose of taking evidence and reporting thereon, the
Sub-Commissioners may appoint Deputies, who will, without delay, submit
records of the evidence and their reports to the Sub-Commissioners. The
Sub-Commissioners will arrange their sittings and the sittings of their
Deputies in such a manner as to afford the earliest convenience to the
parties concerned and their witnesses. In no case will costs be allowed to
either side other than the actual and reasonable expenses of witnesses whose
evidence is certified by the Sub-Commissioners to have been necessary.
Interest will not run on the amount of any claim, except as is hereinafter
provided for. The said Sub-Commissioners will forthwith, after deciding upon
any claim, announce their decision to the Government against which the award
is made and to the claimant. The amount of remuneration payable to the
Sub-Commissioners and their Deputies will be determined by the High
Commissioners. After all the claims have been decided upon, the British
Government and the Government of the Transvaal State will pay proportionate
shares of the said remuneration and of the expenses of the Sub-Commissioners
and their Deputies, according to the amount awarded against them
respectively.
ARTICLE VIII.
For the purpose of distinguishing claims to be accepted from those to be
rejected, the Sub-Commissioners will be guided by the following rules,
viz.:—Compensation will be allowed for losses or damage sustained by reason
of the following acts committed during the recent hostilities, viz.: (a)
commandeering, seizure, confiscation, or destruction of property, or damage
done to property; (b) violence done or threats used by persons in
arms. In regard to acts under (a), compensation will be allowed for
direct losses only. In regard to acts falling under (b), compensation
will be allowed for actual losses of property, or actual injury to the same
proved to have been caused by its enforced abandonment. No claims for
indirect losses, except such as are in this Article especially provided for,
will be entertained. No claims which have been handed in to the Secretary of
the Royal Commission after the 1st day of July, 1881, will be entertained,
unless the Sub-Commissioners shall be satisfied that the delay was
reasonable. When claims for loss of property are considered, the
Sub-Commissioners will require distinct proof of the existence of the
property, and that it neither has reverted nor will revert to the claimant.
ARTICLE IX.
The Government of the Transvaal State will pay and satisfy the amount of
every claim awarded against it within one month after the Sub-Commissioners
shall have notified their decision to the said Government, and in default of
such payment the said Government will pay interest at the
rate of six per cent, per annum from the date of such default; but Her
Majesty's Government may at any time before such payment pay the amount,
with interest, if any, to the claimant in satisfaction of his claim, and may
add the sum thus paid to any debt which may be due by the Transvaal State to
Her Majesty's Government, as hereinafter provided for.
ARTICLE X.
The Transvaal State will be liable for the balance of the debts for which
the South African Republic was liable at the date of annexation, to wit, the
sum of £48,000 in respect of the Cape Commercial Bank Loan, and £85,667 in
respect of the Railway Loan, together with the amount due on 8th August,
1881, on account of the Orphan Chamber Debt, which now stands at £22,200,
which debts will be a first charge upon the revenues of the State. The
Transvaal State will, moreover, be liable for the lawful expenditure
lawfully incurred for the necessary expenses of the Province since the
annexation, to wit, the sum of £265,000, which debt, together with such
debts as may be incurred by virtue of the 9th Article, will be a second
charge upon the revenues of the State.
ARTICLE XI.
The debts due as aforesaid by the Transvaal State to Her Majesty's
Government will bear interest at the rate of three and a half per cent., and
any portion of such debt which may remain unpaid at the expiration of twelve
months from the 8th August, 1881, shall be repayable by a payment for
interest and sinking fund of six pounds and nine pence per cent, per annum,
which will extinguish the debt in twenty-live years. The said payment of six
pounds and nine pence per £100 shall be payable half yearly in British
currency on the 8th February and 8th August in each year. Provided always
that the Transvaal State shall pay in reduction of the said debt the sum of
£100,000 within twelve months of the 8th August, 1881, and shall be at
liberty at the close of any half-year to pay off the whole or any portion of
the outstanding debt.
ARTICLE XII.
All persons holding property in the said State on the 8th day of August,
1881, will continue after the said date to enjoy the rights of property
which they have enjoyed since the annexation. No person who has remained
loyal to Her Majesty during the recent hostilities shall suffer any
molestation by reason of his loyalty, or be liable to any criminal
prosecution or civil action for any part taken in connection with such
hostilities, and all such persons will have full liberty to reside in the
country, with enjoyment of all civil rights, and protection for their
persons and property.
ARTICLE XIII.
Natives will be allowed to acquire land, but the grant or transfer of
such land will, in every case, be made to and registered in the name of the
Native Location Commission, hereinafter mentioned, in trust for such
natives.
ARTICLE XIV.
Natives will be allowed to move as freely within the country as may be
consistent with the requirements of public order, and to leave it for the
purpose of seeking employment elsewhere or for other lawful
purposes, subject always to the pass laws of the said State, as amended
by the Legislature of the Province, or as may hereafter be enacted under the
provisions of the Third Article of this Convention.
ARTICLE XV.
There will continue to be complete freedom of religion and protection
from molestation for all denominations, provided the same be not
inconsistent with morality and good order, and no disability shall attach to
any person in regard to rights of property by reason of the religious
opinions which he holds.
ARTICLE XVI.
The provisions of the Fourth Article of the Sand River Convention are
hereby reaffirmed, and no slavery or apprenticeship partaking of slavery
will be tolerated by the Government of the said State.
ARTICLE XVII.
The British Resident will receive from the Government of the Transvaal
State such assistance and support as can by law be given to him for the due
discharge of his functions; he will also receive every assistance for the
proper care and preservation of the graves of such of Her Majesty's forces
as have died in the Transvaal, and if need be for the expropriation of land
for the purpose.
ARTICLE XVIII.
The following will be the duties and functions of the British Resident:
Sub-section 1.—He will perform duties and functions analogous to
those discharged by a Chargé d'Affaires and Consul-General.
Sub-section 2.—In regard to natives within the Transvaal State, he
will (a) report to the High Commissioner, as representative of the
Suzerain, as to the working and observance of the provisions of this
Convention; (b) report to the Transvaal authorities any cases of
ill-treatment of natives or attempts to incite natives to rebellion that may
come to his knowledge; (c) use his influence with the natives in
favour of law and order; and (d) generally perform such other duties
as are by this Convention entrusted to him, and take such steps for the
protection of the person and property of natives as are consistent with the
laws of the land.
Sub-section 3.—In regard to natives not residing in the Transvaal,
(a) he will report to the High Commissioner and the Transvaal
Government any encroachments reported to him as having been made by
Transvaal residents upon the land of such natives, and in case of
disagreement between the Transvaal Government and the British Resident as to
whether an encroachment had been made, the decision of the Suzerain will be
final (b) the British Resident will be the medium of communication
with native chiefs outside the Transvaal, and, subject to the approval of
the High Commissioner, as representing the Suzerain, he will control the
conclusion of treaties with them; and (c) he will arbitrate upon
every dispute between Transvaal residents and natives outside the Transvaal
(us to acts committed beyond the boundaries of the Transvaal) which may be
referred to him by the parties interested.
Sub-section 4.—In regard to communications with
foreign Powers, the Transvaal Government will correspond with Her Majesty's
Government through the British Resident and the High Commissioner.
ARTICLE XIX.
The Government of the Transvaal State will strictly adhere to the
boundaries defined in the First Article of this Convention, and will do its
utmost to prevent any of its inhabitants from making any encroachment upon
lands beyond the said State. The Royal Commission will forthwith appoint a
person who will beacon off the boundary line between Ramatlabama and the
point where such line first touches Griqualand West boundary, midway between
the Vaal and Hart rivers; the person so appointed will be instructed to make
an arrangement between the owners of the farms Grootfontein and
Valleifontein on the one hand, and the Barolong authorities on the other, by
which a fair share of the water supply of the said farms shall be allowed to
flow undisturbed to the said Barolongs.
ARTICLE XX.
All grants or titles issued at any time by the Transvaal Government in
respect of land outside the boundary of Transvaal State, as defined, Article
I., shall be considered invalid and of no effect, except in so far as any
such grant or title relates to land that falls within the boundary of the
Transvaal State, and all persons holding any such grant so considered
invalid and of no effect will receive from the Government of the Transvaal
State such compensation either in land or in money as the Volksraad shall
determine. In all cases in which any native chiefs or other authorities
outside the said boundaries have received any adequate consideration from
the Government of the former South African Republic for land excluded from
the Transvaal by the First Article of this Convention, or where permanent
improvements have been made on the land, the British Resident will, subject
to the approval of the High Commissioner, use his influence to recover from
the native authorities fair compensation for the loss of the land thus
excluded, and of the permanent improvement thereon.
ARTICLE XXI.
Forthwith, after the taking effect of this Convention, a Native Location
Commission will be constituted, consisting of the President, or in his
absence the Vice-President of the State, or some one deputed by him, the
Resident, or some one deputed by him, and a third person to be agreed upon
by the President or the Vice-President, as the case may be, and the
Resident, and such Commission will be a standing body for the performance of
the duties hereinafter mentioned.
ARTICLE XXII.
The Native Location Commission will reserve to the native tribes of the
State such locations as they may be fairly and equitably entitled to, due
regard being had to the actual occupation of such tribes. The Native
Location Commission will clearly define the boundaries of such locations,
and for that purpose will, in every instance, first of all ascertain the
wishes of the parties interested in such land. In case land already granted
in individual titles shall be required for the purpose of any location, the
owners will receive such compensation either in other
land or in money as the Volksraad shall determine. After the boundaries of
any location have been fixed, no fresh grant of land within such location
will be made, nor will the boundaries be altered without the consent of the
Location Commission. No fresh grants of land will be made in the districts
of Waterberg, Zoutpansberg, and Lydenburg until the locations in the said
districts respectively shall have been defined by the said Commission.
ARTICLE XXIII.
If not released before the taking effect of this Convention, Sikukuni,
and those of his followers who have been imprisoned with him, will be
forthwith released, and the boundaries of his location will be defined by
the Native Location Commission in the manner indicated in the last preceding
Article.
ARTICLE XXIV.
The independence of the Swazies within the boundary line of Swaziland, as
indicated in the First Article of this Convention, will be fully recognized.
ARTICLE XXV.
No other or higher duties will be imposed on the importation into the
Transvaal State of any article the produce or manufacture of the dominions
and possessions of Her Majesty, from whatever place arriving, than are or
may be payable on the like article the produce or manufacture of any other
country, nor will any prohibition be maintained or imposed on the
importation of any article the produce or manufacture of the dominions and
possessions of Her Majesty, which shall not equally extend to the
importation of the like articles being the produce or manufacture of any
other country.
ARTICLE XXVI.
All persons other than natives conforming themselves to the laws of the
Transvaal State (a) will have full liberty with their families to
enter, travel, or reside in any part of the Transvaal State; (b) they
will be entitled to hire or possess houses, manufactures, warehouses, shops,
and premises; (c) they may carry on their commerce either in person
or by any agents whom they may think to employ; (d) they will not be
subject in respect of their persons or property, or in respect of their
commerce or industry to any taxes, whether general or local, other than
those which are or may be imposed upon Transvaal citizens.
ARTICLE XXVII.
All inhabitants of the Transvaal shall have free access to the Courts of
Justice for the protection and defence of their rights.
ARTICLE XXVIII.
All persons other than natives who established their domicile in the
Transvaal between the 12th day of April, 1877, and the date when this
Convention comes into effect, and who shall within twelve months after such
last-mentioned date have their names registered by the British Resident,
shall be exempt from all compulsory military service whatever. The Resident
shall notify such registration to the Government of the Transvaal State.
ARTICLE XXIX.
Provision shall hereafter be made by a separate instrument for the mutual
extradition of criminals, and also for the surrender of deserters from Her
Majesty's forces.
ARTICLE XXX.
All debts contracted since the annexation will be payable in the same
currency in which they may have been contracted; all uncancelled postage and
other revenue stamps issued by the Government since the annexation will
remain valid, and will be accepted at their present value by the future
Government of the State; all licenses duly issued since the annexation will
remain in force during the period for which they may have been issued.
ARTICLE XXXI.
No grants of land which may have been made, and no transfer of mortgage
which may have been passed since the annexation, will be invalidated by
reason merely of their having been made or passed since that date. All
transfers to the British Secretary for Native Affairs in trust for natives
will remain in force, the Native Location Commission taking the place of
such Secretary for Native Affairs.
ARTICLE XXXII.
This Convention will be ratified by a newly-elected Volksraad within the
period of three months after its execution, and in default of such
ratification this Convention shall be null and void.
ARTICLE XXXIII.
Forthwith, after the ratification of this Convention, as in the last
preceding Article mentioned, all British troops in Transvaal territory will
leave the same, and the mutual delivery of munitions of war will be carried
out. Articles end. Here will follow signatures of Royal Commissioners, then
the following to precede signatures of triumvirate.
We, the undersigned, Stephanus Johannes Paulus Kruger, Martinus Wessel
Pretorius, and Petrus Jacobus Joubert, as representatives of the Transvaal
Burghers, do hereby agree to all the above conditions, reservations, and
limitations under which self-government has been restored to the inhabitants
of the Transvaal territory, subject to the suzerainty of Her Majesty, her
heirs and successors, and we agree to accept the Government of the said
territory, with all rights and obligations thereto appertaining, on the 8th
day of August; and we promise and undertake that this Convention shall be
ratified by a newly-elected Volksraad of the Transvaal State within three
months from this date.
