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previous Convention with the late South African Republic made in 1893. That the Convention was, therefore, imposed on the country by the Governments of Great Britain and the South African Republic, and that the country was governed under the arrangements so made without interruption until the outbreak of war with the late Republics. That we should observe that it was provided by Article 2 of the 1894 Convention that all rights of Government and legislation should be vested in the South African Republic subject only to certain specific reservations; and that Sub-section (3) of this article appeared to imply that the Republic could deal with all land in the country not actually in possession of the natives. That the Swazis, however, would, no doubt, claim that they were entitled to occupy at any time any part of the land in the country.
That it might be remarked incidentally that the Convention of 1894 was modified by a Protocol made in 1898 which further encroached on the liberties of the natives by depriving them of certain criminal jurisdiction in native cases, and that it was not thought, necessary to attach any formal consent of the Swazi nation to the protocol. That now, on the conquest of the Transvaal, as our predecessors reported on the 12th June, 1903, His Majesty succeeded to all rights in respect to Swaziland held by the Government of the late South African Republic, and that this view was specifically laid down in the preamble of the Order in Council of the 25th June, 1903. That it would, therefore, appear that if the foregoing argument was correct, it was open to His Majesty's Government to legislate freely with regard to the land in Swaziland subject only to the moral obligation that the Swazis should continue to have the benefit of the reservations made for them under the Convention of 1894. That that Convention was not, of course, any longer legally binding. That Mr. Antrobus was to request us to take the papers into our consideration, and to advise your Lordship whether, in our opinion, the draft Order in Council forwarded by Lord Selborne was intra vires, and if so, whether it was fit and proper for its purpose, or whether it was ultra vires, and if so, whether Section 20 of the Proclama- tion, No. 3, of 1904, was also ultra vires, and in that event what steps were legally necessary to grant a valid title to land in Swaziland, and in what terms such title should be granted.
We were also honoured with a note from your Lordship's Department, dated the 6th September last, enclosing a copy of a further telegram from the High Commis- sioner of South Africa.
We have taken the papers into our consideration, and, in obedience to your Lordship's commands, have the honour to
Report--
That in our opinion the accompanying Draft Order in Council is intra vires, and is fit and proper for its purpose.
The Governor of the Transvaal is named in the Swaziland Order in Council, 1903, as the officer who is to exercise, on behalf of His Majesty, the powers therein specified, but in the accompanying Draft Order it is the High Commissioner who is named. We apprehend that it is the same officer who is intended to act under both
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(Organic) Proclamation, 1890, shall be set apart and demarcated for the exclusive use and occupation of natives of the territory, and the remaining portions of such lands shall be granted or leased to European persons claiming rights under and by virtue of such concessions or shall be held by Ilis Majesty's High Commissioner for South Africa:
And whereas it is expedient that such remaining portions be vested as Crown land in the said High Commissioner on behalf of His Majesty:
Now, therefore, His Majesty by virtue of the powers by "The Foreign Juris- diction Act, 1890," or otherwise in His Majesty vested is pleased by and with the advice of his Privy Council to order, and it is hereby ordered as follows:
(1.) For the purposes of this Order the expression "Crown Lands" shall mean (a) any land in the said territory which has not been set apart and demarcated by or on the authority of His Majesty's High Commissioner for South Africa for the sole and exclusive occupation of natives of the said territory: (b) any lands within the said territory lawfully transferred to or expropriated by the High Commissioner in exercise of the powers in him vested by Proclamation or otherwise for the peace, order, and good government of the said territory.
(2.) All the rights of His Majesty in or in relation to any Crown lands shall vest in and may be exercised by His Majesty's High Commissioner for South Africa for the time being on behalf of His Majesty.
(3.) The High Commissioner may make such grants or leases of land in accord- ance with any law in force in the said territory relating to the disposal of Crown lands on such terms and conditions as he may think fit subject to any directions received from one of His Majesty's principal Secretaries of State.
(4.) This Order may be cited for all purposes as the Swaziland Crown Lands Order in Council, 1907.
(5.) His Majesty may at any time add to, alter, or amend this Order.
orders.
The Right Honourable
The Earl of Elgin, K.G.,
&c.. &c.,
&c.
We have, &c.,
JOHN L. WALTON. W. S. ROBSON.
DRAFT ORDEr in CounciL.
Whereas by Treaty grant usage sufferance or other lawful means His Majesty the King has power, jurisdiction, and authority within the territory known as Swaziland:
And whereas it is intended that portions of certain lands in the said territory the subject of concessions or grants made by the paramount Chiefs of Swaziland and confirmed by the Chief Court constituted under Section 4 of the Swaziland
PUBLIC RECORD OFFICE
Reference :-
TTC.O.885
1 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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