to the boundaries defined in the First Article of this Convention, and
will do its utmost to prevent any of its inhabitants from making any
encroachment upon lands beyond the said State. The Royal Commission will
forthwith appoint a person who will beacon off the boundary line between
Ramatlabama and the point where such line first touches Griqualand West
boundary, midway between the Vaal and Hart Rivers; the person so
appointed will be instructed to make an arrangement between the owners
of the farms Grootfontein and Valleifontein on the one hand, and the
Barolong authorities on the other, by which a fair share of the water
supply of the said farms shall be allowed to flow undisturbed to the
said Barolongs.
Article 20. All grants or titles issued at any time by the Transvaal
Government in respect of land outside the boundary of Transvaal State,
as defined, Article 1, shall be considered invalid and of no effect,
except in so far as any such grant or title relates to land that falls
within the boundary of the Transvaal State, and all persons holding any
such grant so considered invalid and of no effect will receive from the
Government of the Transvaal State such compensation either in land or in
money as the Volksraad shall determine. In all cases in which any
native chiefs or other authorities outside the said boundaries have
received any adequate consideration from the Government of the former
South African Republic for land excluded from the Transvaal by the First
Article of this Convention, or where permanent improvements have been
made on the land, the British Resident will, subject to the approval of
the High Commissioner, use his influence to recover from the native
authorities fair compensation for the loss of the land thus excluded,
and of the permanent improvement thereon.
Article 21. Forthwith, after the taking effect of this Convention, a
Native Location Commission will be constituted, consisting of the
President, or in his absence the Vice-President, of the State, or some
one deputed by him, the Resident, or some one deputed by him, and a
third person to be agreed upon by the President or the Vice-President,
as the case may be, and the Resident, and such Commission will be a
standing body for the performance of the duties hereinafter mentioned.
Article 22. The Native Location Commission will reserve to the native
tribes of the State such locations as they may be fairly and equitably
entitled to, due regard being had to the actual occupation of such
tribes. The Native Location Commission will clearly define the
boundaries of such locations, and for that purpose will, in every
instance, first of all ascertain the wishes of the parties interested in
such land. In case land already granted in individual titles shall be
required for the purpose of any location, the owners will receive such
compensation either in other land or in money as the Volksraad shall
determine. After the boundaries of any location have been fixed, no
fresh grant of land within such location will be made, nor will the
boundaries be altered without the consent of the Location Commission. No
fresh grants of land will be made in the districts of Waterberg,
Zoutpansberg, and Lydenburg until the locations in the said districts
respectively shall have been defined by the said Commission.
Article 23. If not released before the taking effect of this Convention,
Sikukuni, and those of his followers who have been imprisoned with him,
will be forthwith released, and the boundaries of his location will be
defined by the Native Location Commission in the manner indicated in the
last preceding Article.
Article 24. The independence of the Swazies within the boundary line of
Swaziland, as indicated in the First Article of this Convention, will be
fully recognised.
Article 25. No other or higher duties will be imposed on the
importation into the Transvaal State of any article, the produce or
manufacture of the dominions and possessions of Her Majesty, from
whatever place arriving, than are or may be payable on the like article,
the produce or manufacture of any other country, nor will any
prohibition be maintained or imposed on the importation of any article,
the produce or manufacture of the dominions and possessions of Her
Majesty, which shall not equally extend to the importation of the like
articles, being the produce or manufacture of any other country.
Article 26. All persons other than natives conforming themselves to the
laws of the Transvaal State (_a_) will have full liberty with their
families to enter, travel, or reside in any part of the Transvaal State;
(_b_) they will be entitled to hire or possess houses, manufactures,
warehouses, shops, and premises; (_c_) they may carry on their commerce
either in person or by any agents whom they may think to employ; (_d_)
they will not be subject in respect of their persons or property, or in
respect of their commerce or industry, to any taxes, whether general or
local, other than those which are or may be imposed upon Transvaal
citizens.
Article 27. All inhabitants of the Transvaal shall have free access to
the Courts of Justice for the protection and defence of their rights.
Article 28. All persons other than natives who established their
domicile in the Transvaal between the 12th day of April, 1877, and the
date when this Convention conies into effect, and who shall within
twelve months after such last-mentioned date have their names registered
by the British Resident, shall be exempt from all compulsory military
service whatever. The Resident shall notify such registration to the
Government of the Transvaal State.
Article 29. Provision shall hereafter be made by a separate instrument
for the mutual extradition of criminals, and also for the surrender of
deserters from Her Majesty's forces.
Article 30. All debts contracted since the Annexation will be payable in
the same currency in which they may have been contracted; all
uncancelled postage and other revenue stamps issued by the Government
since the Annexation will remain valid, and will be accepted at their
present value by the future Government of the State; all licenses duly
issued since the Annexation will remain in force during the period for
which they may have been issued.
Article 31. No grants of land which may have been made, and no transfer
of mortgage which may have been passed since the Annexation, will be
invalidated by reason merely of their having been made or passed since
that date. All transfers to the British Secretary for Native Affairs in
trust for natives will remain in force, the Native Location Commission
taking the place of such Secretary for Native Affairs.
Article 32. This Convention will be ratified by a newly-elected
Volksraad within the period of three months after its execution, and in
default of such ratification this Convention shall be null and void.
Article 33. Forthwith, after the ratification of this Convention, as in
the last preceding Article mentioned, all British troops in Transvaal
territory will leave the same, and the mutual delivery of munitions of
war will be carried out.
Articles end. Here will follow signatures of Royal Commissioners; then
the following, to precede signatures of triumvirate.
We, the undersigned, Stephanus Johannes Paulus Krugen Martinus Wessel
Pretorius, and Petrus Jacobus Joubert, as representatives of the
Transvaal Burghers, do hereby agree to all the above conditions,
reservations, and limitations under which self-government has been
restored to the inhabitants of the Transvaal territory, subject to the
suzerainty of Her Majesty, her heirs and successors, and we agree to
accept the Government of the said territory, with all rights and
obligations thereto appertaining, on the 8th day of August; and we
promise and undertake that this Convention shall be ratified by a
newly-elected Volksraad of the Transvaal State within three months from
this date.
* * * * *
LONDON CONVENTION, 1884.
A CONVENTION BETWEEN HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF
GREAT BRITAIN AND IRELAND AND THE SOUTH AFRICAN REPUBLIC.
Whereas the Government of the Transvaal State, through its Delegates,
consisting of Stephanus Johannes Paulus Kruger, President of the said
State, Stephanus Jacobus Du Toit, Superintendent of Education, and
Nicholas Jacobus Smit, a member of the Volksraad, have represented that
the Convention signed at Pretoria on the 3rd day of August, 1881, and
ratified by the Volksraad of the said State on the 25th October, 1881,
contains certain provisions which are inconvenient, and imposes burdens
and obligations from which the said State is desirous to be relieved,
and that the south-western boundaries fixed by the said Convention
should be amended, with a view to promote the peace and good order of
the said State, and of the countries adjacent thereto; and whereas Her
Majesty the Queen of the United Kingdom of Great Britain and Ireland has
been pleased to take the said representations into consideration: Now,
therefore, Her Majesty has been pleased to direct, and it is hereby
declared, that the following articles of a new Convention, signed on
behalf of Her Majesty by Her Majesty's High Commissioner in South
Africa, the Right Honourable Sir Hercules George Robert Robinson, Knight
Grand Cross of the Most Distinguished Order of Saint Michael and Saint
George, Governor of the Colony of the Cape of Good Hope, and on behalf
of the Transvaal State (which shall hereinafter be called the South
African Republic) by the above-named Delegates, Stephanus Johannes
Paulus Kruger, Stephanos Jacobus Du Toit, and Nicholas Jacobus Smit,
shall, when ratified by the Volksraad of the South African Republic, be
substituted for the articles embodied in the Convention of 3rd August,
1881; which latter, pending such ratification, shall continue in full
force and effect.
Article 1. The Territory of the South African Republic will embrace the
land lying between the following boundaries, to wit:--
Beginning from the point where the north-eastern boundary line of
Griqualand meets the Vaal River, up the course of the Vaal River to the
point of junction with it of the Klip River; thence up the course of the
Klip River to the point of junction with it of the stream called
Gansvlei; thence up the Gansvlei stream to its source in the
Drakensberg; thence to a beacon in the boundary of Natal, situated
immediately opposite and close to the source of the Gansvlei stream;
thence in a north-easterly direction along the ridge of the Drakensberg,
dividing the waters flowing into the Gansvlei stream from the waters
flowing into the sources of the Buffalo, to a beacon on a point where
this mountain ceases to be a continuous chain; thence to a beacon on a
plain to the north-east of the last described beacon; thence to the
nearest source of a small stream called "Division Stream"; thence down
this division stream, which forms the southern boundary of the farm
Sandfontein, the property of Messrs. Meek, to its junction with the
Coldstream; thence down the Coldstream to its junction with the Buffalo
or Umzinyati River; thence down the course of the Buffalo River to the
junction with it of the Blood River; thence up the course of the Blood
River to the junction with it of Lyn Spruit or Dudusi; thence up the
Dudusi to its source; thence 80 yards to Bea. I., situated on a spur of
the N'Qaba-Ka-hawana Mountains; thence 80 yards to the N'Sonto River;
thence down the N'Sonto River to its junction with the White Umvulozi
River; thence up the White Umvulozi River to a white rock where it
rises; thence 800 yards to Kambula Hill (Bea. II.); thence to the source
of the Pemvana River, where the road from Kambula Camp to Burgers' Lager
crosses; thence down the Pemvana River to its junction with the Bivana
River; thence down the Bivana River to its junction with the Pongolo
River; thence down the Pongolo River to where it passes through the
Libombo Range; thence along the summits of the Libombo Range to the
northern point of the N'Yawos Hill in that range (Bea. XVI.); thence to
the northern peak of the Inkwakweni Hills (Bea. XV.); thence to Sefunda,
a rocky knoll detached from and to the north-east end of the White
Koppies, and to the south of the Musana River (Bea. XIV.); thence to a
point on the slope near the crest of Matanjeni, which is the name given
to the south-eastern portion of the Mahamba Hills (Bea. XIII.); thence
to the N'gwangwana, a double-pointed hill (one point is bare, the other
wooded, the beacon being on the former) on the left bank of the Assegai
River and upstream of the Dadusa Spruit (Bea. XII.); thence to the
southern point of Bendita, a rocky knoll in a plain between the Little
Hlozane and Assegaai Rivers (Bea. XI.); thence to the highest point of
Suluka Hill, round the eastern slopes of which flows the Little Hlozane,
also called Ludaka or Mudspruit (Bea. X.); thence to the beacon known as
"Viljoen's," or N'Duko Hill; thence to a point north-east of Derby
House, known as Magwazidili's Beacon; thence to the Igaba, a small knoll
on the Ungwempisi River, also called "Joubert's Beacon," and known to
the natives as "Piet's Beacon" (Bea. IX.); thence to the highest point
of the N'Dhlovudwalili or Houtbosch, a hill on the northern bank of the
Umqwempisi River (Bea. VIII.); thence to a beacon on the only
flat-topped rock, about 10 feet high and about 30 yards in circumference
at its base, situated on the south side of the Lamsamane range of hills,
and overlooking the valley of the great Usuto River, this rock being 45
yards north of the road from Camden and Lake Banagher to the forests on
the Usuto River (sometimes called Sandhlanas Beacon) (Bea. VII.); thence
to the Gulungwana or Ibubulundi, four smooth bare hills, the highest in
that neighbourhood, situated to the south of the Umtuli River (Bea.
VI.); thence to a flat-topped rock, 8 feet high, on the crest of the
Busuku, a low rocky range south-west of the Impulazi River (Bea. V.);
thence to a low bare hill on the north-east of and overlooking the
Impulazi River, to the south of it being a tributary of the Impulazi,
with a considerable waterfall, and the road from the river passing 200
yards to the north-west of the beacon (Bea. IV.); thence to the highest
point of the Mapumula range, the watershed of the Little Usuto River on
the north, and the Umpulazi River on the south, the hill, the top of
which is a bare rock, falling abruptly towards the Little Usuto (Bea.
III.); thence to the western point of a double-pointed rocky hill,
precipitous on all sides, called Makwana, its top being a bare rock
(Bea. II.); thence to the top of a rugged hill of considerable height
falling abruptly to the Komati River, this hill being the northern
extremity of the Isilotwani range, and separated from the highest peak
of the range Inkomokazi (a sharp cone) by a deep neck (Bea. I.). (On a
ridge in the straight line between Beacons I. and II. is an intermediate
beacon). From Beacon I. the boundary runs to a hill across the Komati
River, and thence along the crest of the range of hills known as the
Makongwa, which runs north-east and south-west, to Kamhlubano Peak;
thence in a straight line to Mananga, a point in the Libombo Range, and
thence to the nearest point in the Portuguese frontier on the Libombo
Range; thence along the summits of the Libombo Range to the middle of
the poort where the Komati River passes through it, called the lowest
Komati Poort; thence in a north by easterly direction to Pokioens Kop,
situated on the north side of the Olifant's River, where it passes
through the ridges; thence about north north-west to the nearest point
of Serra di Chicundo; and thence to the junction of the Pafori River
with the Limpopo or Crocodile River; thence up the course of the Limpopo
River to the point where the Marique River falls into it. Thence up the
course of the Marique River to "Derde Poort," where it passes through a
low range of hills, called Sikwane, a beacon (No. 10) being erected on
the spur of said range near to and westward of the banks of the river;
thence in a straight line through this beacon to a beacon (No. 9)
erected on the top of the same range, about 1,700 yards distant from
beacon No. 10; thence in a straight line to a beacon (No. 8) erected on
the highest point of an isolated hill called Dikgagong, or "Wildebeest
Kop," situated south-eastward of and about 3-1/3 miles distant from a
high hill called Moripe; thence in a straight line to a beacon (No. 7)
erected on the summit of an isolated hill or "koppie" forming the
eastern extremity of the range of hills called Moshweu, situated to the
northward of and about two miles distant from a large isolated hill
called Chukudu-Chochwa; thence in a straight line to a beacon (No. 6)
erected on the summit of a hill forming part of the same range, Moshweu;
thence in a straight line to a beacon (No. 5) erected on the summit of a
pointed hill in the same range; thence in a straight line to a beacon
(No. 4) erected on the summit of the western extremity of the same
range; thence in a straight line to a beacon (No. 3) erected on the
summit of the northern extremity of a low, bushy hill, or "koppie," near
to and eastward of the Notwane River; thence in a straight line to the
junction of the stream called Metsi-Mash wane with the Notwane River
(No. 2); thence up the course of the Notwane River to Sengoma, being the
Poort where the river passes through the Dwarsberg Range; thence, as
described in the Award given by Lieutenant-Governor Keate, dated October
17, 1871, by Pitlanganyane (narrow place), Deboaganka or Schaapkuil,
Sibatoul (bare place), and Maclase to Ramatlabama, a pool on a spruit
north of the Molopo River. From Ramatlabama the boundary shall run to
the summit of an isolated hill, called Leganka; thence in a straight
line, passing north-east of a Native Station, near "Buurman's Drift," on
the Molopo River, to that point on the road from Mosiega to the old
drift, where a road turns out through the Native Station to the new
drift below; thence to "Buurman's Old Drift"; thence in a straight line
to a marked and isolated clump of trees near to and north-west of the
dwelling-house of C. Austin, a tenant on the farm "Vleifontein," No.
117; thence in a straight line to the north-western corner beacon of the
farm "Mooimeisjesfontein," No. 30; thence along the western line of the
said farm "Mooimeisjesfontein," and in prolongation thereof, as far as
the road leading from "Ludik's Drift," on the Molopo River, past the
homestead of "Mooimeisjesfontein" towards the Salt Pans near Harts
River; thence along the said road, crossing the direct road from
Polfontein to Sehuba, and until the direct road from Polfontein to
Lotlakane or Pietfontein is reached; thence along the southern edge of
the last-named road towards Lotlakane until the first garden grounds of
that station is reached; thence in a south-westerly direction, skirting
Lotlakane, so as to leave it and all its garden ground in native
territory, until the road from Lotlakane to Kunana is reached; thence
along the east side, and clear of that road towards Kunana, until the
garden grounds of that station are reached; thence, skirting Kunana, so
as to include it and all its garden ground, but no more, in the
Transvaal, until the road from Kunana to Mamusa is reached; thence along
the eastern side and clear of the road towards Mamusa, until a road
turns out towards Taungs; thence along the eastern side and clear of the
road towards Taungs, till the line of the district known as "Stellaland"
is reached, about 11 miles from Taungs; thence along the line of the
district Stellaland to the Harts River, about 24 miles below Mamusa;
thence across Harts River to the junction of the roads from Monthe and
Phokwane; thence along the western side and clear of the nearest road
towards "Koppie Enkel," an isolated hill about 36 miles from Mamusa, and
about 18 miles north of Christiana, and to the summit of the said hill;
thence in a straight line to that point on the north-east boundary of
Griqualand West as beaconed by Mr. Surveyor Ford, where two farms,
registered as Nos. 72 and 75, do meet, about midway between the Vaal and
Harts Rivers, measured along the said boundary of Griqualand West;
thence to the first point where the north-east boundary of Griqualand
West meets the Vaal River.
Article 2. The Government of the South African Republic will strictly
adhere to the boundaries defined in the first Article of this
Convention, and will do its utmost to prevent any of its inhabitants
from making any encroachments upon lands beyond the said boundaries. The
Government of the South African Republic will appoint Commissioners upon
the eastern and western borders whose duty it will be strictly to guard
against irregularities and all trespassing over the boundaries. Her
Majesty's Government will, if necessary, appoint Commissioners in the
native territories outside the eastern and western borders of the South
African Republic to maintain order and prevent encroachments.
Her Majesty's Government and the Government of the South African
Republic will each appoint a person to proceed together to beacon off
the amended south-west boundary as described in Article 1 of this
Convention; and the President of the Orange Free State shall be
requested to appoint a referee to whom the said persons shall refer any
questions on which they may disagree respecting the interpretation of
the said Article, and the decision of such referee thereon shall be
final. The arrangement already made, under the terms of Article 19 of
the Convention of Pretoria of the 3rd August, 1881, between the owners
of the farms Grootfontein and Valleifontein on the one hand, and the
Barolong authorities on the other, by which a fair share of the water
supply of the said farms shall be allowed to flow undisturbed to the
said Barolongs, shall continue in force.
Article 3. If a British officer is appointed to reside at Pretoria or
elsewhere within the South African Republic to discharge functions
analagous to those of a Consular officer he will receive the protection
and assistance of the Republic.
Article 4. The South African Republic will conclude no treaty or
engagement with any State or nation other than the Orange Free State,
nor with any native tribe to the eastward or westward of the Republic,
until the same has been approved by Her Majesty the Queen.
Such approval shall be considered to have been granted if Her Majesty's
Government shall not, within six months after receiving a copy of such
treaty (which shall be delivered to them immediately upon its
completion), have notified that the conclusion of such treaty is in
conflict with the interests of Great Britain or of any of Her Majesty's
possessions in South Africa.
Article 5. The South African Republic will be liable for any balance
which may still remain due of the debts for which it was liable at the
date of Annexation, to wit, the Cape Commercial Bank Loan, the Railway
Loan, and the Orphan Chamber Debt, which debts will be a first charge
upon the revenues of the Republic. The South African Republic will
moreover be liable to Her Majesty's Government for £250,000, which will
be a second charge upon the revenues of the Republic.
Article 6. The debt due as aforesaid by the South African Republic to
Her Majesty's Government will bear interest at the rate of three and
a-half per cent, from the date of the ratification of this Convention,
and shall be repayable by a payment for interest and Sinking Fund of six
pounds and ninepence per £100 per annum, which will extinguish the debt
in twenty-five years. The said payment of six pounds and ninepence per
£100 shall be payable half-yearly, in British currency, at the close of
each half year from the date of such ratification: Provided always that
the South African Republic shall be at liberty at the close of any half
year to pay off the whole or any portion of the outstanding debt.
Interest at the rate of three and a-half per cent, on the debt as
standing under the Convention of Pretoria shall, as heretofore, be paid
to the date of the ratification of this Convention.