otherwise, four persons to form with the administrator, who shall be chairman, an executive committee for the province. The members of the executive committee other than the administrator shall hold office until the election of their successors in the same manner. (2.) Such members shall receive such remuneration as the provincial council, with the approval of the Governor-General in Council, shall determine. (3.) A member of the provincial council shall not be disqualified from sitting as a member by reason of his having been elected as a member of the executive committee. (4.) Any casual vacancy arising in the executive committee shall be filled by election by the provincial council if then in session, or, if the council is not in session, by a person appointed by the executive committee to hold office temporarily pending an election by the council. 79. The administrator and any other member of the executive committee of a province, not being a member of the provincial council, shall have the right to take part in the proceedings of the council, but shall not have the right to vote. 80. The executive committee shall on behalf of the provincial council carry on the administration of provincial affairs. Until the first election of members to serve on the executive committee, such administration shall be carried on by the administrator. Whenever there are not sufficient members of the executive committee to form a quorum according to the rules of the committee, the administrator shall as soon as practicable convene a meeting of the provincial council for the purpose of electing members to fill the vacancies, and until such election the administrator shall carry on the administration of provincial affairs. 81. Subject to the provisions of this Act, all powers, authorities, and functions which at the establishment of the Union are in any of the Colonies vested in or exercised by the the Governor or the Governor in Council, or any Minister of the Colony, shall after such establishment be vested in the executive committee of the province so far as such powers, authorities, and functions relate to matters in respect of which the provincial council is competent to make ordinances. 82. Questions arising in the executive committee shall be determined by a majority of votes of the members present, and, in case of an equality of votes, the administrator shall have also a casting vote. Subject to the approval of the Governor-General in Council, the executive committee may make rules for the conduct of its proceedings. 83. Subject to the provisions of any law passed by Parliament regulating the conditions of appointment, tenure of office, retirement and superannuation of public officers, the executive committee shall have power to appoint such officers as may be necessary, in addition to officers assigned to the province by the Governor-General in Council under the provisions of this Act, to carry out the services entrusted to them and to make and enforce regulations for the organization and discipline of such officers. 84. In regard to all matters in respect of which no powers are reserved or delegated to the provincial council, the administrator shall act on behalf of the Governor-General in Council when required to do so, and in such matters the administrators may act without reference to the other members of the executive committee. Powers of Provincial Councils. 85. Subject to the provisions of this Act and the assent of the Governor-General in Council as hereinafter provided, the provincial council may make ordinances in relation to matters coming within the following classes of subjects (that is to say): (i.) Direct taxation within the province in order to raise a revenue for provincial purposes; (ii.) The borrowing of money on the sole credit of the province with the consent of the Governor-General in Council and in accordance with regulations to be framed by Parliament; (iii.) Education, other than higher education, for a period of five years and thereafter until Parliament otherwise provides; (iv.) Agriculture to the extent and subject to the conditions to be defined by Parliament; (v.) The establishment, maintenance, and management of hospitals and charitable institutions; (vi.) Municipal institutions, divisional councils, and other local institutions of a similar nature; (vii.) Local works and undertakings within the province other than railways and harbours and other than such works as extend beyond the borders of the province, and subject to the power of Parliament to declare any work a national work and to provide for its construction by arrangement with the provincial council or otherwise; (viii.) Roads, outspans, ponts, and bridges other than bridges connecting two provinces ; (ix.) Markets and pounds; (x.) Fish and game preservation; (xi.) The imposition of punishment by fine, penalty, or imprisonment for enforcing any law or any ordinance of the province made in relation to any matter coming within any of the classes of subjects enumerated in this section; (xii.) Generally all matters which, in the opinion of the Governor-General in Council, are of a merely local or private nature in the province; (xiii.) All other subjects in respect of which Parliament shall by any law delegate the power of making ordinances to the provincial council. 86. Any ordinance made by a provincial council shall have effect in and for the province as long and as far only as it is not repugnant to any Act of Parliament. 87. A provincial council may recommend to Parliament the passing of any law relating to any matter in respect of which such council is not competent to make ordinances. 88. In regard to any matter which requires to be de alt with by means of a private Act of Parliament, the provincial council of the province to which the matter relates may, subject to such procedure as shall be laid down by Parliament, take evidence by means of a select committee or otherwise for and against the passing of such law, and, upon receipt of a report from such council, together with the evidence upon which it is founded, Parliament may pass such Act without further evidence being taken in support thereof. 89. A provincial revenue fund shall be formed in every province, into which shall be paid all revenues raised by or accruing to the provincial council and all moneys paid over by the Governor-General in Council to the provincial council. Such fund shall be appropriated by the provincial council by ordinance for the purposes of the provincial administration generally, or, in the case of moneys paid over by the GovernorGeneral in Council for particular purposes, then for such purposes, but no such ordinance shall be passed by the provincial council unless the administrator shall have first recommended to the council to make provision for the specific service for which the appropriation is to be made. No money shall be issued from the provincial revenue fund except in accordance with such appropriation and under warrant signed by the administrator : Provided that, until the expiration of one month after the first meeting of the provincial council, the administrator may expend such moneys as may be necessary for the services of the province. 90. When a proposed ordinance has been passed by a provincial council it shall be presented by the administrator to the Governor-General in Council for his assent. The GovernorGeneral in Council shall declare within one month from the presentation to him of the proposed ordinance that he assents thereto, or that he withholds assent, or that he reserves the proposed ordinance for further consideration. A proposed ordinance so reserved shall not have any force unless and until, within one year from the day on which it was presented to the Governor-General in Council, he makes known by proclamation that it has received his assent. 91. An ordinance assented to by the Governor-General in Council and promulgated by the administrator shall, subject to the provisions of this Act, have the force of law within the province. The administrator shall cause two fair copies of every such ordinance, one being in the English and the other in the Dutch language (one of which copies shall be signed by the Governor-General), to be enrolled of record in the office of the Registrar of the Appellate Division of the Supreme Court of South Africa; and such copies shall be conclusive evidence as to the provisions of such ordinance, and, in case of conflict between the two copies thus deposited, that signed by the GovernorGeneral shall prevail. Miscellaneous. 92.-(1.) In each province there shall be an auditor of accounts to be appointed by the Governor-General in Council. (2.) No such auditor shall be removed from office except by the Governor-General in Council for cause assigned, which shall be communicated by message to both Houses of Parliament within one week after the removal, if Parliament be then sitting, and, if Parliament be not sitting, then within one week after the commencement of the next ensuing session. (3.) Each such auditor shall receive out of the Consolidated Revenue Fund such salary as the Governor-General in Council, with the approval of Parliament, shall determine. (4.) Each such auditor shall examine and audit the accounts of the province to which he is assigned subject to such regulations and orders as may be framed by the Governor-General in Council and approved by Parliament, and no warrant signed by the administrator authorizing the issuing of money shall have effect unless countersigned by such auditor. 93. Notwithstanding anything in this Act contained, all powers, authorities, and functions lawfully exercised at the establishment of the Union by divisional or municipal councils, or any other duly constituted local authority, shall be and remain in force until varied or withdrawn by Parliament or by a provincial council having power in that behalf. 94. The seats of provincial government shall be— For Natal, Pietermaritzburg; For the Transvaal, Pretoria; For the Orange Free State, Bloemfontein. PART VI.-The Supreme Court of South Africa. 95. There shall be a Supreme Court of South Africa, consisting of a Chief Justice of South Africa, the ordinary Judges of Appeal, and the other Judges of the several divisions of the Supreme Court of South Africa in the provinces. 96. There shall be an Appellate Division of the Supreme Court of South Africa, consisting of the Chief Justice of South Africa, two ordinary Judges of Appeal, and two additional Judges of Appeal. Such additional Judges of Appeal shall be assigned by the Governor-General in Council to the Appellate Division from any of the provincial or local divisions of the Supreme Court of South Africa, but shall continue to perform their duties as Judges of their respective divisions when their attendance is not required in the Appellate Division. 97. The Governor-General in Council may, during the absence, illness, or other incapacity of the Chief Justice of South Africa, or of any ordinary or additional Judge of Appeal, appoint any other Judge of the Supreme Court of South Africa to act temporarily as such Chief Justice, ordinary Judge of Appeal, or additional Judge of Appeal, as the case may be. 98.-(1.) The several Supreme Courts of the Cape of Good Hope. Natal, and the Transvaal, and the High Court of the Orange River Colony shall, on the establishment of the Union, become provincial divisions of the Supreme Court of South Africa within their respective provinces, and shall each be presided over by a Judge-President. (2.) The Court of the eastern districts of the Cape of Good Hope, the High Court of Griqualand, the High Court of Witwatersrand, and the several circuit Courts, shall become local divisions of the Supreme Court of South Africa within the respective areas of their jurisdiction as existing at the establishment of the Union. (3.) The said provincial and local divisions, referred to in this Act as superior Courts, shall, in addition to any original jurisdiction exercised by the corresponding Courts of the Colonies at the establishment of the Union, have jurisdiction in all matters (a.) In which the Government of the Union or a person suing or being sued on behalf of such Government is a party; (b.) In which the validity of any provincial ordinance shall come into question. (4.) Unless and until Parliament shall otherwise provide, the said superior Courts shall, mutatis mutandis, have the same jurisdiction in matters affecting the validity of elections of members of the House of Assembly and provincial councils as the corresponding Courts of the Colonies have at the establishment of the Union in regard to Parliamentary elections in such Colonies respectively. 99. All Judges of the Supreme Courts of the Colonies, including the High Court of the Orange River Colony, holding office at the establishment of the Union shall on such establishment become Judges of the Supreme Court of South Africa, assigned to the divisions of the Supreme Court in the respective provinces, and shall retain all such rights in regard to salaries and pensions as they may possess at the establishment of the Union. The Chief Justices of the Colonies holding office at the establishment of the Union shall on such establishment become the Judges-President of the divisions of the Supreme Court in the respective provinces, but shall so long as they hold that office retain the title of Chief Justice of their respective provinces. 100. The Chief Justice of South Africa, the ordinary Judges |