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Proc. No. 35 of 1901.
False oaths and
(c) Where the petitioner is the holder of a certificate of qualification as an elementary teacher or of any higher educational certificate, such certificate must be produced by him.
5. To every such petition there shall be attached an affidavit sworn to, solemnly declared, or affirmed by the petitioner before any Justice of the Peace in this Colony verifying the allegations in the petition.
6. Any person who shall wilfully and falsely swear, affirmations- solemnly declare, or affirm that his allegations in the said petition are true when in truth they are not shall be deemed to be guilty of perjury and on conviction shall be liable to the penalties by law provided for that offence.
Powers of Com
missioner of Native gation of truth of
Affairs as to investi
Power to Governor
in this Proclamation.
7. The Commissioner for Native Affairs shall have full power and authority to investigate the truth of the statements contained in the petition or to require the petitioner to furnish any additional information or any explanation he may consider necessary; and the said Commissioner may for any reason which appears to him sufficient, refuse to issue to such petitioner a Letter of Exemption.
* 8. It shall be lawful for the Administrator from time to to include other laws time to notify in the Gazette any other Laws to be included under this Proclamation, and on such notification as aforesaid the provisions of this Proclamation shall mutatis mutandis apply to the Laws mentioned in such notice.
9. Every person to whom a Letter of Exemption shall be granted under this Proclamation shall from and after the date of the delivery of such letter to him be deemed and reckoned as exempt from the provisions and operation of the laws mentioned in the first paragraph hereof or hereafter notified in the Gazette. 10. This Proclamation shall be cited for all purposes as "The Coloured Persons' Exemption (or Relief) Proclamation, 1901."
TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING: WHEREAS under the provisions of the "Coloured Persons' Relief Proclamation, 1901," I am empowered to grant Letters of Exemption to any coloured person residing in this Colony and coming within any of the classes of coloured persons described in section one of this Proclamation; and whereas A. B., being at the present time residing at...... in the District of.... has in conformity with the provisions of the said Proclamation been deemed to be entitled to be relieved from the operation of certain laws mentioned in the said Proclamation and in Government Notice........
Now KNOW YE that by and under the powers vested in me by the said Proclamation I do hereby make known and declare that A.B. shall be and is hereby declared to be exempted from and taken out of the operation of the laws relating to Passes and to [here mention any other Laws included in the Proclamation by Notice in the Gazette].
Given by me this....
in the Year of our Lord.....
Commissioner for Native Affairs.
By Government Notice 496 of 1902, the Native Tax Ordinance (No. 20 of 1902) has been notified as a Law included under this Proclamation.
(Repealed by Ord. 32 of 1902).
Proc. No. 36 of 1901.
To amend Law No. 19 of 1898.
By His Excellency the Administrator of the Transvaal.
(DATED 10TH DECEMBER, 1901.)
WHEREAS IT IS DESIRABLE to more effectually
prohibit the sale of intoxicating liquor to coloured persons: Now, therefore, by virtue of the authority in me vested, I do
hereby declare, proclaim, and make known as follows:·
1. Article six of Law 19 of 1898, save as to the definition
Repeal of article 6,
of the expression "coloured person," is hereby repealed, and the Liquor Law, 1898, following is substituted in lieu thereof:
new clause as to
No person shall sell, barter, or otherwise supply to any and substitution coloured person, wine, spirituous or malt liquor, methylated spirits or supply of Liquor spirits of wine, or any other intoxicating brew or mixture: Provided to coloured person. always that liquor may be supplied to a coloured person for medicinal purposes, and in such case the burden of proof will be upon the person who supplied it to show that the liquor was required for such
Any person contravening the provisions of this Section shall, on conviction, anything to the contrary contained in Law 19 of 1898 notwithstanding, be liable :
(a) For a first offence to imprisonment with or without hard labour for a period not less than six months and not exceeding twelve months, and at the discretion of the Court in addition to such imprisonment to a fine not exceeding two hundred and fifty pounds, and in default of payment to imprisonment with or without hard labour for a period not exceeding six months;
(b) For a second offence to imprisonment with or without hard labour for a period not less than twelve months and not exceeding two years, and in addition to such imprisonment, at the discretion of the Court, to a fine not exceeding five hundred pounds, and in default of payment to imprisonment with or without hard labour for a period not exceeding twelve months;
(c) For a third or any subsequent offence to imprisonment with or without hard labour for a period not less than two years and not exceeding three years, and in addition to such imprisonment, at the discretion of
Proc. No. 36 of 1901.
the Court, to a fine not exceeding one thousand pounds, or in default of payment to imprisonment with or without hard labour for a period not exceeding two years.
2. Any person being the holder of a licence under Law No. 19 holders of licences for of 1898 who shall be convicted of contravening the provisions of breaches of law. Section one hereof shall, in addition to any other penalty, forfeit his licence, and no licence shall be granted to such person or in respect of the same premises for a period of five years from the date of such conviction.
3. No coloured person shall obtain by purchase or barter wine, spirituous or malt liquor, methylated spirits, spirits of wine, or any other intoxicating brew or mixture. Any coloured person contravening the provisions of this section shall, on conviction, be liable the imprisoned with or without hard labour for a period not exceeding three months.
4. Sections (one) and (three) of this Proclamation shall apply to the sale, purchase, or barter of the liquor commonly known as Kafir Beer" only in any town and within any area of six miles from the boundaries thereof and on any public diggings.
5. Any case of a contravention of this Proclamation may be brought before and determined by the Resident Magistrate or Assistant Resident Magistrate within whose jurisdiction such contravention was committed, and such Resident Magistrate or Assistant Resident Magistrate shall have jurisdiction to impose any of the penalties provided for such contravention.
6. Article forty-three of the said Law No. 19 of 1898 is hereby repealed, and the following substituted in lieu thereof:
"It shall be lawful for any Police Constable, having a special written authority from a Magistrate, Justice of the Peace, or Police Officer above the rank of Inspector, at all reasonable hours to enter any unlicensed premises, or any wagon, cart, or other vehicle in which it shall reasonably be suspected that any intoxicating liquor is improperly sold or kept for sale, and search such premises, wagon, cart, or other vehicle. Any liquors found in the course of search may be seized and removed, and may be declared forfeited by any Court on conviction before it of the owner or person found in possession thereof under the provisions of the said Law No. 19 of 1898; Provided always that when there is danger that the delay occasioned by obtaining such written authority will defeat the objects of the section, any Police Constable may exercise the powers conferred hereby without any written authority, but he shall as soon as possible report what he has done to the Commissioner of Police.
Proc. No. 37 of 1901.
(Amended by Ord. 27 of 1903.)
By His Excellency the Administrator of the Transvaal.
WHEREAS it is expedient to make better provision for
regulating the entry of Natives into the Transvaal from places beyond the borders thereof and their return thereto; for the departure from the Transvaal, or the return thereto, of Natives residing therein; for the protection and security of Natives travelling within the Transvaal; and for the control † and regulation of Native labourers on Public Diggings:
Now, therefore, by virtue of the authority in me vested, I do hereby proclaim, declare, and make known as follows:
1. The Administrator of the Transvaal may from time to time make Regulations for any of the following purposes, and provide penalties for the contravention thereof :
§ (1.) For regulating the entry of Natives into this Colony
(2.) For regulating the travelling from place to place
+(3.) For regulating the introduction and supply of Native labour on Public Diggings in this Colony and ensuring the better control of natives in service on such Diggings. Such regulations shall, on publication in the Gazette, be of full force and effect.
2. Any person knowingly contravening any of the Regulations made under this Proclamation shall be liable to the penalties provided thereby, and in the absence of any penalties expressly provided in such Regulation he shall be liable to pay a fine not exceeding ten pounds, or in default of payment thereof to imprisonment for a term not exceeding six months, with or without hard labour, or to both such fine and such By Pr. Tr. 21 of 1902, sec. 56 & 57, a Native Court was constituted at Johannesburg to try all contraventions by coloured persons of any law or regulation applicable exclusively to such persons. By Pr. Tr. 40 of 1902, such Native Court is given exclusive jurisdiction to try all contraventions of the above Proclamation (Pr. Tr. 37 of 1901).
By Ord. 27 of 1903, sec. 1, sub-sec. (1), the words "on Public Diggings are to be omitted, as also the words "on such diggings." In the Preamble are to be substituted the words "in this colony."
For regulations see now Pr. 18, Admn. 1903 (Gazette, 12th June, 1903, p. 1189 The word "knowingly" is to be omitted by virtue of Ord. 27 of 1903, sec. 1 sub-sec. (2).
Proc. No. 37
Moiety may be imprisonment: Provided that one half of any fine may be awarded to informer. awarded by the Court by which it is imposed to the informer on whose information such person shall have been convicted.
3. Any person who shall harbour any Native contravening any of the aforesaid Regulations, or who shall in any way aid or abet any Native to contravene the same, shall on conviction be liable to the penalties provided in the last preceding section. * 4. The term "Native" in this Proclamation and the regulations thereunder, shall include every male person above the age of fourteen years belonging to any of the aboriginal races or tribes of Africa south of the Equator and every male person one of whose parents belongs to any such race or tribe as aforesaid; the term "Employer" shall, in the case of a Company, mean the Responsible Manager thereof, and if there be no Manager then the person registered as responsible for the control, management, and direction thereof; † the term "Labour District" shall mean any area proclaimed as such by the Administrator; and the term "District" shall mean an area subject to the jurisdiction of a Court of Resident Magistrate.
†The areas defined as Labour Districts by Law No. 23, of 1899, shall be Labour Districts under this Proclamation until altered as aforesaid.
5. (1) It shall be lawful for the Administrator from time to time to appoint in each Labour District so many Inspectors of Natives as he may think necessary, whose duty it shall be(a) To inquire into and redress if possible or otherwise to report to the Commissioner for Native Affairs any grievances complained of by Natives employed in or about any Mine within such District as aforesaid. (b) To enquire into and determine all breaches of discipline and minor contraventions of Regulations made under this Proclamation by any such Natives as aforesaid. $(c) To hear and determine any matter or dispute of a civil nature between any such Natives as aforesaid. When such matter or dispute is in reference to money alleged to be due to one Native by another an order by the Inspector for the payment of such money may be discharged by the employer and deducted by him from any wages due to the Native against whom such order was made.
(2) Every such employer shall afford every facility in his power required for such investigation by an Inspector, and any employer refusing to do so shall be guilty of an offence against this Proclamation, and shall be liable, on conviction by any Court of Resident Magistrate, to a fine not exceeding fifty pounds, and in default of payment to imprisonment, with or without hard labour for a term not exceeding six months,
*This definition of "Native "has been amended by Ord. 27 of 1903, sect. 2 (q.v.) + For Labour District areas of Pretoria and Middelburg see Proclamation No. 55 Admn. of 1903 (Gazette, 23rd Oct., 1903, p. 1061).
The words "in or about any mine" in this section are to be omitted by virtue of Ord. 27 of 1903, sect. 1, sub-sec (3).
§ For other duties of Inspectors see Ord. 27 of 1903, sec. 1, sub-sec. (4).