CO885-(13-15) — Page 564

15734.

*

SIR,

No. 180.

(SOUTH AFRICA.)

LAW OFFICERS. TO COLONIAL OFFICE.

Royal Courts of Justice,

July 13, 1898.

We are honoured with your commands signified in Mr. Wingfield's letter of the May, Isus. 27th ultimo, stating that he was directed by you to transmit to us a letter from Mr. J. G. Kotzé submitting a statement setting forth a claim, which, by reason of his summary dismissal from office as Chief Justice of the South African Republic on the 16th February last, without any trial, and without any offer of compensation, he considered himself to have upon the protection of Her Majesty's Government against the action of the Government of the Republic.

That copies of certain papers referred to by Mr. Kotzé were enclosed in Mr. Wingfield's A. De Lowate letter as marked in the margin.

Welten der Z.A.R. pp.

B.Translation

C.Translation

D. O.C.,4 Feb.,

of 18 May,

That as regarded the correspondence which preceded Mr. Kotzé's dismissal, 679-683. Mr. Wingfield was to refer us to our Report of the 2nd April, 1897.* That it was of relevant, stated in the reference on which that Report was made that the Judges of the High Court, parts of same. of the South African Republic had apparently submitted to the action of the Government of Grondwet. under Law No. 1 of 1897 on certain conditions as to the amendment of the Grondwet. 1878, to which

That in this connection Mr. Wingfield was to enclose a copy of the declaration and is annexed the correspondence between the Judges, or the Chief Justice and the President of the clamation Republic noted in the margin, showing the nature of the compromise effected and its 1977.

E. OC.. termination, and Mr. Villiers was also to enclose copies of Statements by Sir Henry de 27 Nov., 78. Villiers, the Chief Justice of the Cape Colony, through whose intervention the compromise F. Pretoria was effected. That a statement by Mr. Kotzé of the circumstances which occurred between G. London the passing of Law No. 1 of 1897 and his dismissal would be found in Part V. of his Cony", "84.

Appeal to the Inhabitants of the South African Republic," a copy of which was also Law No. 1 of enclosed in Mr. Wingfield's letter.

4+

Conv", "NI.

H. S.A.R.

1897.

I. S.A.R.

omission.

1. Whether the treatment to which Mr. Kotzé has been subjected constitutes a breach 19 Mar., ‘97. of the Convention of 1884 between Her Majesty and the South African Republic.

That Mr. Wingfield was to observe with reference to paragraph 6 of Part II. of Grondwet Mr. Kotzé's Statement that the records of the Colonial Office did not show the reason for Law 2 of 96. the abandonment of Article 27 of the Pretoria Convention. That the document referred K. C.3947. to on page 43 of the Blue-book (C. 3947) did not assist in explaining the reasons for its . 1 Mar., '97.

That Mr. Wingfield was to request that we would take the papers into our considera- 3 Mar. 97. tion and advise you;-

J. C. 3098.

L.

N. Judges to President,

0. Judges to President,

P. Dr. Leyds,

22 Mar., '97:

3 Feb.. '98.

2. Whether upon the ground of a breach of the Convention of 1884, or upon the Q. Mr. Kotzé grounds put forward by Mr. Kotzé, or upon any other ground Her Majesty's Government to President, is (1) entitled, (2) under any moral obligation, to make any representation to the Govern- R. President ment of the South African Republic on behalf of Mr. Kotzé, or whether the matter is one which concerns solely the South African Republic.

•

3. If Her Majesty's Government are entitled to make a representation to the Government of the South African Republic, upon what grounds should such representation he bused.

4. Generally-What answer should be given to the letter and statement of Mr. Kotzé.

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

have the honour to

Report-

1. THAT the treatment to which Mr. Kotzé has been subjected does not in our opinion justify a claim by, Her Majesty's Government that he should be compensated on the ground that his dismissal was a breach of the Convention of 1884. The matter, as between Mr. Kotzé and the Transvaal Government, is one which relates solely to the internal affairs of the South African Republic, and there is nothing in the Convention of 1884 which entitles her Majesty's Government to put forward a claim on his behalf.

• No. 135.

to Mr. Kotzé,

16 Feb.. '98.

8. Mr. Kotzé to l'resident, 16 Feb.. '98.

T. Dr. Leyds

to Mr. Kotzé, 17 Feb.. '98.

Sir H. de

Villiers to "Cape Times,"

11 Feb., 18.

V. Sir H. de

Villiers to Anonymous,

20 Feb. '98

W.

194-2

N WAPIGES Pas

I-PUBLIC RECORD OFFICE

1 2 3

6

Reference :-

mmimmim C.O. 885

14 PUBLIC RECORD OFFICE, LONDON

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