CO885-(13-15) — Page 632

16592.

PUBLIC RECORD OFFICE

Reference :-

mmitumim C.O. 885

14 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

1

SIR.

No. 216.

(SOUTH AFRICA.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice,

27th June, 1899.

We were honoured with your commands signified in Mr. F. Graham's letter of No. 204, 2nd the 14th instant, stating that he was dire ted by you to transmit to us the accompanying April. Is despatches from the High Commissioner for South Africa containing correspondence with Mari the Government of the South African Republic relating to a Concession granted by the No. 267, Sri Swazi King on 31st March, 1887.

March,

May, 1899.

No. 316, 17th

No. 311. 17th

That that Concession granted to Thomas B. Rathbone and W. S. Shepstone the sole May, 19 and absolute right to manufacture powder, dynamite, and other explosives in Swaziland, May, 1899. together with the sole and absolute right to import, export, sell, or trade in such gun- powder, dynamite, and other explosives for a term of 5 years, with the right of renewal for a like term of years.

That the Government of the South African Republic had brought into operation in Swaziland a law which provided that no gunpowder, dynamite, or other explosives should be imported into Swaziland without a permit from the State. Secretary of the South African Republic, who might refuse such permit without stating his reasons.

That it would be observed that the Government of the South African Republic maintained that the terms of the Concession only entitled the holders of the Concession to import, export, sell, or trade in the gunpowder, dynamite, and other explosives which were manufactured by them and did not entitle them to import, free of duty, into Swaziland explosives obtained from abroad. That the Government of the South African Republic further referred the Concessionaires to the Courts of Law of Swaziland, if they considered that they could not agree with that interpretation.

That Mr. F. Graham was to request us to advise you :—

1. Whether in our opinion the interpretation put upon the terms of the Concession

by the Government of the South African Republic was correct.

2. What was the proper construction of the Concession, and what were the rights belonging to the Concessionaires under it.

3. Whether the action of the South African Republic constituted a breach of Article VII.. or of any other Article, of the Convention of December 10th, 1894, between this country and the South African Republic with regard to the administration of Swaziland.

4. Whether the circumstances were such as to entitle Her Majesty's Government to make diplomatic representations to the Government of the South African Republic in the first instance, and to press the interpretation contended for by the Concessionaires, or whether the Concessionaires shoull be left to take such steps as they might be advised to enforce their claims against the Government of the South African Republic in the Courts of Swaziland.

5. Generally.

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

Report-

1. THAT, in our opinion, the interpretation put upon the terms of the Concession by the Government of the South African Republic is not correct.

such gunpowder, &c.,” as referring to “

They interpret the words sionaires and to nothing else. This interpretation seems to us totally inadmissible. We powder, &c." manufactured by the Conces- cannot read the clause conferring the sole and absolute right to import gunpowder, &e., as referring only to gunpowder, &e., manufactured by the Concessionaires in Swaziland. In this sense it would be practically meaningless as no one would desire to export. explosives from Swaziland simply for the purp se of re-importation,

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We think that the Clause refers to all gunpowder, dynamite, and explosives; and that the word “such" is introduced only be muse the words “gunpowder, dynamite, and explosives" have already be mentioned in the Concession for manufacture in Swaziland,

3191-25-499 W 139 D&S

Convention of 1894.