CO885-(13-15) — Page 472

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SIR,

No. 118.

(SOUTH AFRICA.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, October 21, 1896.

We were honoured with your commands, signified in Sir Robert Meade's letter of the 5th instant, stating that he was directed to lay before us the correspondence relating to a Bill which had been passed-by the Volksraad of the South African Republic authorising the banishment by order of the Executive of foreigners who were dangerous to the public peace and order, and the regulation by Executive order of the place of residence of foreigners or burghers who were dangerous to the public order and peace.

That no copy of the Bill as passed had been received, but that we would observe that the British Agent in the South African Republic, in his telegram to the High Commissioner reported in the High Commissioner's telegram of the 25th September, stated that the Bill had passed the second reading practically in the same form as the draft forwarded by him to the Acting High Commissioner in his Despatch, No. 41, dated 20th July (a copy of which was enclosed in General Goodenough's Despatch, No. 497, of the 27th July), and that it might be assumed for the purpose of the reference to us that it passed the third reading in the same form.

That Sir Robert Meade was also to enclose copies of the Convention of 1884 between Her Majesty and the South African Republic, and a translation of the Grondvet of the South African Republic.

That it would be seen that Mr. Searle, the legal adviser of the High Commissioner, had advised that the Bill infringed, and was contrary to the letter and spirit of, Article XIV. of the Convention, by authorising the banishment of foreigners, and the restriction of the place of residence of foreigners, without, in either case, a judicial decision that the person banished or restricted had not conformed to the laws of the South African Republic, and by placing foreigners as regarded the right to reside in any part of the Republic on a different and less favourable footing than burghers.

That Sir Robert Meade 'was also to enclose for reference a copy of the Parliamentary Paper C.-7911 of 1895, relating to the arbitration case before the Chief Justice of the Orange Free State referred to in Mr. Searle's Report.

That he was to request that we would favour you with our opinion on the following questions :-

1. Whether the enactment of the Bill in question would be an infringement of the

Convention of 1884 ?

2. Whether an order made under the Bill, if it were enacted, banishing a foreigner from the South African Republic, or ordering a foreigner to reside in a certain place, or prohibiting a foreigner from residing in a certain place or places, without, in either case, the decision of a competent Court of Justice that such foreigner was not conforming himself to the laws of the South African Republic, would be an infringement of the Convention ?

3. Whether it would be desirable that Her Majesty's Government should object to the enactment of the Bill, or, if it had become law, should insist on its repeal, or should reserve the right of objecting to any action taken under its provisions?

We have taken the matter into our consideration, and, in obedience to your commands, have the honour to

Report.

(1.) That the enactment of the Bill in question will, in our opinion, be an infringe- ment of the Convention of 1884. The Fourteenth Article of that Convention secures to persons, other than natives, conforming themselves to the laws of the South African Republic, full liberty to travel or reside in any part of the Republic.

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We should not regard it as an infringement of this Article if the Volksraad had enacted that any foreigner who failed to conform to the laws of the Republic might he summarily expelled by the Executive without conviction in a Court of Law.

11608-25-4/1902 Wt

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PUBLIC RECORD OFFICE

Reference :-

TLC.O.885

14 PUBLIC RECORD OFFICE, LONDON

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