of Native Law, and from the Native High Court, and shall, within a period of two years from the date of the proclamation of this Law, reduce to writing the Native Law as at present administered in this Colony; and shall from time to time, as occasion may require, propose the alteration, amendment, or repeal of any of the provisions of the aforesaid Native Law, and also the establishment of new provisions therein, and the alteration, amendment, or repeal, from time to time, of any such new provisions; and all new provisions so proposed, as well as all alterations or amendments aforesaid, shall, by direction of the Lieutenant-Governor, be submitted to the Legislative Council of the Colony for the approval and sanction thereof by the said Council, to be expressed by Resolution, and all such alterations, amendments, or new provisions so approved and sanctioned, shall, when confirmed by the Lieutenant-Governor and published by proclamation in the Government Gazette, have the same force and effect as if they had been inserted in this Law, subject always, however, to disallowance by Her Majesty, signified through one of Her Majesty's Principal Secretaries of State. II. [Proclamation of Native Law to take place when reduced to writing.] 12. [Fines, etc. under this Law payable to Treasury.] 13.1 [Governor endowed with authority of a Paramount Chief. He may dismiss lesser Chiefs for certain political offences.] 14. [In case of homicide, assault, or injury from native riot or faction fight, proof of taking part in same shall be sufficient, unless it be satisfactorily proved that accused was not guilty.] 15.1 [Governor may fine a tribe or community which combines to suppress evidence.] 16. [Short title: "The Native Administration Law, 1875."] 17. [To take effect from date of publication of Her Majesty's confirmation.] P.R.O., C.O. 180/4. TRANSFER OF CAUSES. [11 Nov. 1876.] No. 13, 1876. No. 147. Law. To provide for the hearing of all causes now pending before any Court or judicial authority established under the provisions of Ordinance No. 3, of 1849, by transferring the hearing or further hearing of such causes to the Native High Court established under the Native Adminstration Law, 1875. WHEREAS under the provisions of Ordinance 3 of 1849, entituled [etc.], provision was made for the hearing of appeals 1 Repealed by Act 44, 1887, below. in all cases whatsoever, between Natives, which had been tried according to Native Law: And Whereas it is desirable to facilitate the hearing of all civil causes, matters, and proceedings so brought in appeal, and now pending before any Court or other judicial authority established under the provisions of the above recited Ordinance, or otherwise, by transferring the hearing of such cases so pending to the Native High Court, constituted under "The Native Administration Law, 1875," and for such purpose to confer certain additional powers on the said Native High Court: It Is Therefore Enacted, by the Lieutenant-Governor of the Colony of Natal, by and with the advice and consent of the Legislative Council thereof, as follows: I. [Transfer to Native High Court of jurisdiction in appeal cases brought under Ordinance 3, 1849, and pending at time of coming into force of Native Administration Law, 1875.] 2. [All such appeal cases referred for hearing to Native High Court.] 3. [In cases already fully heard judgment may be given by Court of Appeal constituted under Ordinance 3, 1849.] 4. [Unfinished cases to be concluded before Native High Court.] 5. [This Law to be construed with Law 26, 1875.] P.R.O., C.O. 180/5. NATIVE ADMINISTRATION LAW, 1878. [9 Sept. 1878.] No. 21, 1878. No. 148. Law. To confer upon Administrators of Native Law, appointed under Law No. 26 of 1875, certain Increased Jurisdiction within their respective Districts. [Preamble: It is desirable to confer on Administrators of Native Law certain powers now exercised by Resident Magistrates.] I. Administrators of Native Law, appointed under provisions of Law No. 26 of 1875, on whom the LieutenantGovernor shall see fit to confer the power, shall have and exercise summary jurisdiction in the following matters and things over Natives only, residing or being within their respective divisions; that is to say, in all minor cases of crimes and offences wherein any person may be accused of any such minor crime or offence: Provided always that it shall not be lawful for any Administrator of Native Law to punish any offender in any higher or more severe manner than by fine not exceeding £10, and imprisonment, with or without hard labour, for a period not exceeding three months, except as to such crimes or offences for the commission of which any higher or more severe punishment, whether by fine or imprisonment, or both, shall be provided, and in which jurisdiction shall be expressly given by any special law; and such Administrators shall exercise the powers conferred upon Justices of the Peace under and by virtue of the provisions of Ordinance No. 6 of 1846, entituled "Ordinance for creating Justices of the Peace within the District of Natal." 2. [Law to commence from date of publication.] NATIVE ADMINISTRATION LAW, 1887. No. 44, 1887. No. 149. Law. -To amend the Native Administration Law, [Preamble.] 1875. In 1. [Repeal of sections 10, 13, and 15 of Law 26, 1875.] 2. [Amendment of 5th section of Law 26, 1875. intestacy of unexempted Natives succession to land shall be in accordance with the Native Code.] 3. [Return of criminal cases tried by Administrators of Native Law to be furnished to Secretary for Native Affairs, who may alter, amend, vary, or quash any judgment.] 4. [Constitution of Board,1 which must frame rules of procedure for Court of Appeal, Native High Court, and Courts of Administrators of Native Law and for other courts constituted under Law 26, 1875.] 5. [Board to have power to propose alteration or repeal of any provisions of Native Law. Board's proposals to be submitted to the Governor in Council, who may adopt or reject or remit to Board for further consideration such proposals. Proposals, when approved of, to be laid before the Legislative Council within fourteen days after approval or after commencement of session. Legislative Council may, within four weeks, by address, object to any of the proposals; and as far as objected to they shall be void. Any alteration suggested in the address may be adopted or rejected by the Governor in Council. If no address be presented, or if the alterations be adopted, the Governor's sanction may, with the advice of the Executive Council, be proclaimed. Such new provisions so sanctioned and proclaimed in the 1 The Attorney-General, the Secretary for Native Affairs, the Judge of the Native High Court, and two Magistrates or Justices of the Peace. Government Gazette shall have effect as if inserted in this Law, but subject to disallowance by Her Majesty.] 6. [If there be reason to believe that there is a combination among any tribe or community of natives to suppress evidence of a homicide, assault, or other injury to person or property by natives, or to conceal the perpetrator, or by passive resistance to encourage a repetition, the Governor may enforce a fine upon such tribe or community.] 7. [Authority of Governor as Paramount Chief. Dismissal or removal of a Chief found guilty of a political offence dangerous to the public peace.] 8. [No judgment to be given against a native upon a liquid document of debt unless it be executed with certain formalities in the presence of a Resident Magistrate or Justice of the Peace.] 9. [Laws Nos. 26, 1875, 21, 1878, and this Law to be read together as one law.] 10. [To take effect on a day to be appointed by the Governor after Her Majesty's assent shall have been published.] Annexure. P.R.O., C.O. 180/7. [Extract from Code of Native Law, passed by the Board appointed by the Governor, under the provisions of Law No. 44 of 1887. Cf. No. 151.] THE SUPREME CHIEF. 32. The Supreme Chief for the time being exercises in and over all Natives in the Colony of Natal all political power and authority, subject to the provisions of Section 7 of Law 44 of 1887. 33. The Supreme Chief appoints all Chiefs to preside over tribes, or sections of tribes; and also divides existing tribes into two or more parts, or amalgamates tribes or parts of tribes into one tribe, as necessity or the good government of the Natives may, in his opinion, require. 34. The Supreme Chief in Council may remove any Chief found guilty of any political offence, or for incompetency or other just cause, from his position as such Chief, and may also order his removal with his family and property, to another part of the Colony. 35. The Supreme Chief has absolute power to call upon Chiefs, District Headmen, and all other Natives, to supply armed men or levies for the defence of the Colony, and for the suppression of disorder and rebellion within its borders, and may call upon such chiefs, District Headmen, and all other Natives to personally render such military and other service. 36. The Supreme Chief has power to call upon all Natives to supply labour for public works, or for the general needs of the Colony. This call or command may be transmitted by any person authorised so to do, and each native so called upon is bound to obey such call, and render such service in person, unless lawfully released from such duty. 37. The Supreme Chief, acting in conjunction with the Natal Native Trust,1 may, when deemed expedient in the general public good, remove any tribe or tribes, or portion thereof, or any native, from any part of the Colony or Location, to any other part of the Colony or Location, upon such terms and conditions and arrangements as he may determine. 38. The orders and directions of the Supreme Chief, or of the Supreme Chief in Council, may be carried into execution by the Secretary for Native Affairs, or by the Administrators of Native Law, or by other officers authorised for the purpose, and in respect of all such acts the various officers so employed shall be regarded as the deputies or representatives of the Supreme Chief, or of the Supreme Chief in Council, as the case may be. 39. The Supreme Chief, in the exercise of the political powers which attach to his office, has authority to punish by fine or imprisonment, or by both, for disobedience of his orders or for disregard of his authority. 40. The Supreme Chief is not subject to the Supreme Court, or to any other court of Law in the Colony of Natal, for, or by reason of, any order or proclamation, or of any other act or matter whatsoever, committed, ordered, permitted, or done either personally or in council. 41. The Supreme Chief is, by virtue of his office, Upper Guardian of all orphans and minors in law. 42. The Supreme Chief has power to regulate and fix from time to time the least number of houses which shall compose a kraal. He may, in his discretion, permit of exceptions to any such general rule in special cases. Parl. Papers [C. 7013], p. 15. RESIDENT MAGISTRATES. [14 Aug. 1889.] No. 150. Law. -For the Establishment and Regulation of WHEREAS it is expedient to amend and consolidate the 1 A body consisting in practice of the Governor and the Executive Council, to whom was entrusted the care of native rights as regards the land occupied by them. 2 Cf. further Act. No. 22 of 1896, "To amend and consolidate the Laws regulating Magistrate's Courts"-not printed in this volume. For "Borough Courts" vide documents Nos. 134 and 135. |